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Home My WebLink About20231602.tiffRESOLUTION RE: APPROVE PARTIAL RELEASE OF COLLATERAL AND ACCEPTANCE OF WARRANTY COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR18-0065 - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on September 18, 2019, the Weld County Board of Commissioners approved the application of Waste Management Disposal Services of Colorado, Inc., 40000 County Road 25, Ault, Colorado 80610, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0065, for Solid Waste Disposal Site and Facilities, pursuant to Colorado State Statute and as defined and regulated by Colorado Department of Public Health and Environment, and continued use of existing facilities: site access, shop, office, scale, scale house, flare, and solid waste management of recyclable commodities, et cetera, associated with USR-895, in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of the E1/2 of Section 7 and Lot B of Recorded Exemption, RECX17-0150; being part of the NW1/4 of Section 7, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, on August 3, 2020, pursuant to certain Conditions of Approval, the Board accepted an Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Waste Management Disposal Services of Colorado, Inc., with terms and conditions being as stated in said agreement, to include collateral in the form of Performance Bond #LICX1197283, guaranteed by Lexon Insurance Company, 10002 Shelbyville Road, Suite 100, Louisville, Kentucky 40223, in the amount of $623,247.39, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a site inspection and recommend a partial release of said collateral by accepting a Surety Rider reduction to be attached to and form a part of Performance Bond #LICX1197283, thereby reducing the amount of collateral, to be retained as warranty collateral as related to improvements, to $93,487.11, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that collateral in the form of Performance Bond #LICX1197283, guaranteed by Lexon Insurance Company, in the amount of $623,247.39, be, and hereby is, reduced, and warranty collateral in the form of Surety Rider, attached to Performance Bond #LICX1197283, guaranteed by Lexon Insurance Company, in the amount of $93,487.11, be, and hereby is, accepted. 4904666 Pages: 1 of 2 06/20/2023 11:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO cc:Ql.(Tpwa/-rmIxR/ 2023-1602 ICe) PL2705 071:5 X23 PARTIAL RELEASE OF COLLATERAL AND ACCEPT WARRANTY COLLATERAL (USR18-0065) - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of June, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditiu;sj ;e1 Weld County Clerk to the Board BY: APP rney Mikan, Chair Perry Lori Sai Date of signature: O6/13 /23 4904666 Pages: 2 of 2 06/20/2023 11:49 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO lIII�1� �I'4i�Y k�rrly�+'��1E��11� iii rLi Ifih �I II 2023-1602 PL2705 /-)4t-O77 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item — Partial Release of Collateral through Acceptance of Warranty Collateral Bond Rider for. Waste Management Disposal Services of Colorado, INC. - USR18-0065 DEPARTMENT: Planning Services DATE: May 9, 2023 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Planning' Services received a request from Waste Management Disposal Services of Colorado, INC., requesting that the Board of County Commissioners accept the Warranty Collateral for Waste Management Disposal Services of Colorado, INC. in the amount of $93,487.11. Project Collateral in the amount of $623,247.39 is currently being held in the form of a Performance Bond and Warranty Collateral will be held in the form of a Bond Rider to be attached to the original Bond Number LICX1197283 in the amount of $93,487.11 and is required to be held for the duration of the two- year warranty period which began on February 7th, 2023. Weld County Planning Services and Public Works Departments performed a site inspection, at the above -mentioned site, and observed the following: • All items on Exhibit C, of the Improvements Agreement According to Policy Regarding Collateral for Improvements Document Tyler #2020-2362 and Reception #4616849, have been completed and are found to be acceptable. County Attorney's Office has reviewed the Improvements Agreement and Collateral requirements and recommends this partial release of collateral. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Weld County Collateral List: Waste Management Disposal Services of Colorado, Inc. — USR18-0065 (PL2705, #2020-2362) — Improvements and Road Maintenance Agreement Approved 8/3/20 — Contract ID 3985 Performance Bond #LICX1197283 — Lexon Insurance Company Renews automatically for successive one-year periods unless released by Obligee or otherwise terminated $623,247.39 Recommendation: The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the partial release of project collateral through acceptance of warranty collateral bond rider for Waste Management Disposal Services of Colorado, INC. - USR18-0065. Approve Schedule Re mmendation Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Seine 2023-1602 0Co10.I Ft V105 Cheryl Hoffman From: Sent: To: Subject: Attachments: Jazmyn Trujillo Martinez Tuesday, May 9, 2023 4:12 PM Cheryl Hoffman; Daniel Mesa; Dawn Anderson; Esther Gesick; Karla Ford; Tom Parko Jr BOCC PA REVIEW - USR18-0065 — Waste Management Signed PA & Warranty USR18-0065 Waste Management.pdf ATTACHED BOCC PA REVIEW Improvements Agreement: Partial Release of Collateral through Acceptance of Warranty Collateral Bond Rider Case/Applicant: USR18-0065 — Waste Management Disposal Services of Colorado, Inc. Please note: Regular Agenda Thanks, Karla! Best, Jazmyn Trujillo -Martinez Development Review Weld County Planning Services 1402 North 17th Avenue P.O. Box 758 Greeley, CO 80631 (970) 400-3711 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Jazmyn Trujillo Martinez From: Sent: To: Cc: Subject: Dawn Anderson Tuesday, February 7, 2023 12:01 PM Schweitzer, Tom; Jazmyn Trujillo Martinez Myers, Steven RE: WCR 25 Project Completion and Warranty Period Tom, We are still working with the surveyor to get a set of as -built plans that we can accept. I think that we are close. In the meantime, we can accept this email as your official request for collateral release. Jazmyn will help assist with this process and reach out with any and all additional needs that we have. Please let me know if you have any additional questions. Thanks, Dawn R. Anderson Development Review Manager Weld County Planning Services 1555 N. 17th Avenue Greeley, CO 80631 Email drandersonl0lweldgov.com Office: (970) 400- 3736 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: Schweitzer, Tom <tschweit@wm.com> Sent: Thursday, January 26, 2023 11:34 AM To: Dawn Anderson <dranderson@weldgov.com> Cc: Myers, Steven <smyers5@wm.com> Subject: WCR 25 Project Completion and Warranty Period Caution: This email originated from outside of Weld County Government. Do not dick links or open attachments unless you recognize the sender and know the content is safe. Hi Dawn, I hope 2023 is off to a great start for you. The WCR road maintenance agreement between WM and the County required Project Collateral for completion of the WCR 25 improvements and Warranty Collateral to be in effect for two years following the County's initial approval of the construction improvements. I thought I would touch base to inquire about the date of the County's initial approval and if anything is required on the part of WM to release the Project Collateral. If a call would be helpful, I would be happy to schedule one. Thanks and I hope all is well. Tom Recycling is a good thing. Please recycle any printed emails. 2 Bond No. UfX1,90303 RIDER To be attached to and form a part of Performance Bond, No. UOU197283 dated the 22nd_ day of lay 2020 issued by LEXON Insurance Company, 10002 Shelbyville Road, Louisville, KY 40223 as Surety, on behalf of Waste Management Disposal Services of Colorado, Inc., 40000 County Road 25, Ault, CO 80610 , as Principal, in the penal sum of Six Hundred Twenty -Throe Thousand TWo Hundred forty -Seven and 39/100 Dollars S 623,247.39 Board of County Commissioner of Weld County, Colorado ( ), and in favor of 1150 O ,rapt, Greeley, CO 0595 In consideration of the premium charged for the attached bond, it is hereby agreed that the attached pond be amended as follows: This rider will decrease the bond amount as follows: Current Bond Amount: $623,247.39 New Bond Amount: $ 93,487.11 Provided, However, that the attached bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified, and further that the liability of the Surety under the attached bond and the attached hond as amended by this rider shall not be cumulative. This rider shall become effective as of the 2nd day of May 2023 Signed, sealed and dated this 2nd day of Man , 2923 wrm ss: .4611 40.1A49,41 Waste Management Disposal Services of Colorado, Inc. PRINCIPAL Susan Ritter, Attorney -in -Fact WITNESS: LEXON Insurance Company 4,a9 16144 By Theresa Hintzman Attorney -in -Fact POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS that Waste Management, Inc. and each of its direct and indirect majority owned subsidiaries (the "WM Entities"), have constituted and appointed and do hereby appoint Theresa Hintzman, Kelsy Hoagland, and Susan Ritter of Acrisure, LLC DBA Smith Manus, each its true and lawful Attorney -in -fact to execute under such designation in its name, to affix the corporate seal approved by the WM Entities for such purpose, and to deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to wit: t. Surety bonds to the United States of America or any agency thereof, and lease and miscellaneous surety bonds required or permitted under the laws, ordinances or regulations of any State, City, Town, Village, Board or any other body or organization, public or private. 2. Bonds on behalf of WM Entities in connection with bids, proposals or contracts_ The foregoing powers granted by the WM Entities shall be subject to and tonditional upon the written direction of a duly appointed officer of the applicable WM Entity (or any designee of any such officer) to execute and deliver any such bonds. The signatures and attestations of such Attorneys -in -fact and the seal of the WM Entity may be affixed to any such bond, policy or to any certificate relating thereto by facsimile and any such bond, policy or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the applicable WM Entity when so affixed. IN WITNESS WHEREOF, the WM Entities have caused these presents to be signed by the Vice President and Treasurer and its corporate seal to be hereto affixed. This power of attorney is in effect as of _MAI a , 202.1. Witness: On behalf of Waste Management, Inc. and each othee other WM Entities 41,a Leslie Nagy Vice President and Treasurer red SOMPO INTERNATIONAL POWER OF ATTORNEY 11078 KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, Endurance American insurance Company, a Delaware corporation, Lexon Insurance Company, a Texas corporation, and/or Bond Safeguard insurance Company, a South Dakota corporation, each, a 'Company' and collectively, 'Sompo international,' do hereby rxmstitute and appoint Brook T. Smith, Raymond M. Hundley, Jason D. Cromwell, James H. Martin, Barbara Duncan, Mark A Guidry, Jill Kemp, Lynnette Long, Amy Smith, Deborah Nolchter, Theresa Hlntunan, Beth Fryndre, Leigh McCarthy, Michael Dix, Susan Ritter, Ryan Britt, Kelsy Hoagland, Jacob Motto, Jennifer Edwards as true and lawful Attorney(s)-In-Fact to make, execute, seal, and deliver for, and on its behalf as surety or co -surety; bonds and undertakings given kw any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating lo such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the penal urn thereof in excess of the sum of ONE HUNDRED MILLION Dollars ($100,000.000.00). Such bonds and undertakings for said purposes, when duly executed by said attorneys) -In -fad, shall be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested by its Corporate Secretary. This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the 15th day of June, 2019, a copy of which appears below under the heading entitled *Certificate'. This Power of Attorney is signed and sealed by facsimile under arxi by authority of the following resolution adopted by the sole shareholder of each Company by unanimous written consent effective the 15th day of June, 2019 and said resolution has not since been revoked, amended or repealed: RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate retabng thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate sea! to be affixed this 15°1 day of June, 2O19. Endurance Assurance Corporatlo By: Richard Appel;SVAiiikailenlor Counsel _ouerance ot% •ikp 6;4.. N fc?/cs t2' SEAL ' # c ' 2002 ,'- \cii.,pnAwArtE.-Vi 4yuiui illrr'I Endurance American Lexon insurance Company Bond Safeguard In u ra c nap In JceiP7Q /y: y. By: Richard Appee;,,SUP.i,�e arts Appel; Counsel Ric aAppel; Seni•r ounsel Ric and App ``fiel.,SVP-i,$enlo ounsel n 1.1741;\ if, SEAT, :iit::•O wl d f, 3 1996 ' as .., o€c.AWARE b NuCe.- • - - 1:O> N.'`*kikt, .• ACKNOw goGEM NT Its(Q SOUTH A I DAKOTA IrvsuRwcc awassi On this 15t1 day of June, 2019, before me, personally came the above signatories known to me, who being duty sworn, did depose and say that hent4' of the Companies; and that he executed said instrument on behalf of each Company by authority of his • •. under th by of each Compan� •� a CERTIFICATE I, the undersigned Officer of each Company, DO HEREBY CERTIFY that By' Waa. salt - Amy aylor. No %'ubtrc My CommI$stgn Expires 5/9v23 • .4•"%s • orDcer of each i• • • • 1, That the original power of attorney of which the foregoing is a copy was duty executed on behalf of each Company and has not since been revoked amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereat 2. The following are resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 15, 2019 and said resolutions have not since been revoked, amended or modified 'RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co -surety with others. RICHARD M. APPEL, BRIAN J. BEGGS, CHRISTOPHER DONELAN, SHARON L. SIMS, CHRISTOPHER L SPARRO, MARIANNE L WILBERT and be it further RESOLVED, that each of the Individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obligations in surety or co -surety for and on behalf of the Company.' 3. The undersigned further certifies that the above resolutions are true and aired copies of the rlolutions as so recorded and of the whole thereof. IN WITNESS WHEREOF, I have hereunto ! my hand and affixed ate seal this2hof A U se a the corporate , day l 1 2015. By. D tary NOTICE; U,_S EASURY DEPAR TMeNT'S OFFJCE OF FORM ON ASSES CON NOL (OFACI No coverage Is provided by this Notice nor can it be construed to replace any provisions of any surety bond or other surety coverage provided. This Notice provides information concerning possthie impact on your surety coverage due to directives issued by OFAC Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of 'national emergency'. OFAC has identified and Hated numerous foreign agents, !runt organizations, terrorists, terrorist organizations, and narcotics traffickers es 'Specially Designated Nationals and Blocked Persons' This list can be located on the United Stales Treasury's website - j iSlanury ocvfte ounce-cerner/sanctions/SDN-last In accordance Will OFAC regulations, if k Is determined that you or any other person or entity darning the benefits of any coverage has violated U S sanctions law or is a Specialty Designated National and Blocked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage provided are immediately subject to OFAC. When a surety bond or other form of surely overage is considered to be such a blodked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments may also apply. Any reproductions are void. Surety Claims Submission: t.rxsnClalmMmin1e_ don►omposinti.com Telephone: 115-553-9500 Mailing Address: Sompo international; 12890 Lebanon Road: Mount Juliet. TN 37122-2870 CONTINUATION CERTIFICATE The LEXON Insurance Company, 10002 Shelbyville Road, Suite 100, Louisville, KY 40223, as Surety upon Bond Number: LICX 1197283 dated effective Wednesday, July 22, 2020 on behalf of Waste Management Disposal Services of Colorado, Inc., 40000 County Road 25, Ault, CO 80610 and in favor of Board of County Commissioner of Weld County, Colorado, 1150 O Street, Greeley, CO 80631 does hearby continue said bond in force for the further period beginning on Friday, July 2I, 2023 and ending on Sunday, July 21, 2024 Amount of bond: NINETY-THREE THOUSAND FOUR HUNDRED EIGHTY-SEVEN AND 11/100 Dollars ($93,487.1 I) Description of bond: Improvements & Road Maintenance Agreement Associated with Weld County USR l 8.0065 for County Road 25 Provided: That this continuation certificate does not create a new obligation and is executed upon the express condition and provision that the Surety's liability under said bond and this and all Continuation Certificates issued in condition therewith shall not be cumulative and the said Surety's aggregate liability under said bond and this and all such Continuation Certificates on account of all defaults committed during the period (regardless of the number of years) said bond had been and shall be in force, shall not in any event exceed the amount of said bond as hereinbefore set forth. Signed, sealed and dated on Tuesday, May 2, 2023 LEXON Insurance Company By: urety Theresa Hintzman, Attorney -m -Fast SOMPO INTERNATIONAL s �a uwmce INSUfRANCE POWER OF ATTORNEY 11078 KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware cxxporabon, Endurance American Insurance Company, a Delaware corporation, Lexon insurance Company, a Texas corporation, and/or Bond Safeguard Insurance Company, a South Dakota corporation, each, a 'Company' and collectively, 'Sompo International,' do hereby constitute and appoint Brook T. Smith, Raymond M. Huntley, Jason D. Cromwell, James H. Martin, Barbara Duncan, Mark A Guidry, Jilt Kemp, Lynn©t a Long, Amy Smith, Deborah Nelchier, Theresa HIntznnan, Beth Frymlre, Leigh McCarthy, Michael Dix, Susan Ritter, Ryan Britt, Kelsy Hoagland, Jacob Motto, Jennifer Edwards as true and lawful Attomey(s)-In-Fact to make, execute, seal, and deliver for, and on its behalf as surety or co -surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings providers however, that no single bond cx undertaking so made, executed and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of ONE HUNDRED MILLION Dollars (S100,000,000.00). Such bonds and undertakings for said purposes, when duly executed by said attorneys) -in -fact. shah be binding upon the Company as fully and to the same extent as if signed by the President of the Company under its corporate seal attested try its Corporate Secretary. This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the 15'" day of June, 2019, a copy of which appears below under the heading entitled 'Certificate'. This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted try the sole shareholder of each Company by unanimous written consent effective the 15th day of June, 2019 and said resolution has not since been revoked, amended or repealed. RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 15'' day of June, 2019. Endurance Assurance Corporatlop Endurance American (Lim Richard Appoliapailiskarilor Counsel S%-,7-• -•, sy I • GO� °�i •CN• 2 3 4 1 , BEAL ',1 m 9' 2002 ' • a • Df•].Awl1R£ i *inau•sroatip Insura tac By: Richard Appel. ‘colti? 1°‘ Pnior Counsel esosan �+r� . w: SEAL. m : 1996 :0 • •t�WARE b ;0 3 \%;, By: Richard Appel; yVVINY� ACKNOWLEDGEMENT Lexon insurance Company 01/1 By: Sens•' ounsei Ric Bond Safeguard In ura coin/ran and AppetfiVP-1, ©nlo ounsei eis(!,o_ A 1: DAKOTA Ie : ta4suRAN cE ist %Nue,. On this 15d' day of June, 2019, before me, personally came the above segnatones known to me, who being duly sworn, did depose and say that heft 1:441offi,cer of each of the Companies; and that he executed said instrument on behalf of each Company by authority of his offr - under th by of each Campan CERTIFICI T I, the undersigned Officer of each Company, DO HEREBY CERTIFY that By: Arny alp • sine 0 ITimMINNIR • • • • • • • aylor. No Public My Commrssigj Expt 7(519Z3 •• aj016:% • Of , F$Ii OP 1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked amended or modified; that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof 2. The following are resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 15, 2019 and said resolutions have not since been revoked, amended or modified 'RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co -surety with others: RICHARD M. APPEL, BRIAN J. BEGGS, CHRISTOPHER DONELAN, SHARON L SIMS, CHRISTOPHER L SPARRO, MARIANNE L. WILBERT and be it further RESOLVED, that each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obligations in surety or co -surety for and on behalf of the Company 3. The undersigned further certifies that the above resolutions are true and correct copies of the muttons as so recorded and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this jail day of M8 20 23 By' Dane S • e, • etary NOTICE: U, S, TREASURY QEPAfiTM�f�L S EFICE OF FORS G�•ASSET5 trQ TR4 tOFACI No coverage is provided by this Notice nor can It be construed to replace any provisions of any surely bond or other surety coverage provided. This Notice provides information concerning possible impact on your surety coverage due to directives Issued by OFAC Please read toils Notice carefully. Tho Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of 'national emergency' OFAC has identified and listed numerous foreign agents, front organizations, terrorists, terrorist organir..iatLons, and narcotics traffickers as 'Specially Designated Nationals and Blocked Persons' This list can be located on the United Slates Treasury's website — httus 1twvy reaKrrY,y!rewurc�ritwfsar�tbnslSQ[Y•U t In accordance with OFAC regulations, if It is determined that you or any other person or entity darning the benefits of any coverage has violated V S sanctions taw or Is a Specially Designated Nulionai and Blocked Person. as identified by OFAC, any coverage will be considered a blocked or frozen contract and all provisions of any coverage prowled ore Immediately subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other tirnrtations on the premiums and payments may also apply Any reproductions era void. Surety Claims Submission: 4s QnciplmActministratia +,itfQm ntleco n Telephone: 816563-9600 Matting Address: Swipe International; 12890 Lebanon Road; Mount Juliet, TN 37122.2870 • RESOLUTION RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT OFF -SITE COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR18-0065 - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on September 18, 2019, the Weld County Board of Commissioners approved the application of Waste Management Disposal Services of Colorado, Inc., 40000 CR 25, Ault, Colorado 80610, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0065, for Solid Waste Disposal Site and Facilities, pursuant to Colorado State Statute and as defined and regulated by Colorado Department of Public Health and Environment, and continued use of existing facilities: site access, shop, office, scale, scale house, flare, and solid waste management of recyclable commodities, et cetera, associated with USR-895, in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Part of the E1/2 of Section 7 and Lot B of Recorded Exemption, RECX17-0150; being part of the NW1/4 of Section 7, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Waste Management Disposal Services of Colorado, Inc., with further terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Performance Bond #LICX1197283 from Lexon Insurance Company, in the amount of $623,247.39, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Performance Bond as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Waste Management Disposal Services of Colorado, Inc., be, and hereby is, approved. PWCE.RICHIOatTLtSTth/ Toot, pLCKO/ KR) os-/WO 180 2020-2362 PL2705 IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. - USR18-0065 PAGE 2 BE IT FURTHER RESOLVED that Performance Bond #LICX1197283 from Lexon Insurance Company, in the amount of $623,247.39, be and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of August, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: C/ ri•' �Cl�o%t�: Mike Freeman, Chair Weld County Clerk to the Board 2020-2362 PL2705 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST RE: BOCC Agenda Item - Approve Improvements and Road Maintenance Agreement for: Waste Management Disposal Services of Colorado, Inc. — USR18-0065 DEPARTMENT: Public Works DATE: July 27, 2020 PERSON REQUESTING: Awn. Trgjillo-Martine; Brief description of the Wee: The Department of Public Works received a request from the applicant, Waste Management Disposal Services of Colorado, Inc., requesting that the Board of County Commissioners consider approving the Improvements and Road Maintenance Agreement for (USRIS-0065). Collateral is required with this agreement and has been provided in the form of a Performance Bond #LtCXl 1.97283, in the amount of $623,247.39, and issued by Lesion Insurance Company. WeldCounty Public Works, Planning Services and the County Attorney's Office have reviewed the above -mentioned signed original document and observed the following: • All Public Works related items, of the "improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements", are found to be acceptable. • This Agreement complies with the terms of the Use by Special Review Permit Resolution, as signed by the Board of County Commissioners. What options enkt for the Board? L Have this BOCC Hearing item be placed on the nest available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the neat available agenda as part of the Regular Agenda. Recommendation: Option 2. The Departments of Public Works, Planning Services and the County Attorney's Office are recommending approval of the Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements fot USR18-0065, and that this item be placed on the next regularly scheduled BOCC Hearing, es part of the Regular Agenda. ADorOvc sSchgli Ragitild it BAgraincadta MatiatinglUIM Qthrirantilitti Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro.Tem Kevin D. Ross 2020-2362 Cns, 3 ftd IDS PERFORMANCE BOND BOND NO LICX1197283 KNOW ALL MEN BY THESE PRESENTS, that we, Waste Management Disposal Services of Colorado, Inc., 40000 County Road 25, Ault, CO 80610, (hereinafter called the "Principal"), as Principal, and the Lexon Insurance Company, (hereinafter called the "Surety"), as Surety, are held and firmly bound unto Board of County Commissioners of Weld County, Colorado,1150 O Street, Greeley, CO 80631, (hereinafter called the "Obligee'), as Obligee, in the sum of Six Hundred Twenty -Three Thousand Two Hundredforlv$sven and 390,00 5623.247,39 for the payment of which sum well and truly to tea" e made, we the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a (written) agreement (hereinafter called the "Agreement") with the Obligee for Improvements & Road Maintenance Agreement Associated with Weld County USR18-0065 for County Road 25, which Agreement is hereby referred to and made a part hereof as if fully set forth herein; NOW THEREFORE, the condition of this obligation is such that if the Principal shall well and truly keep all the terms and conditions as outlined in said Agreement then this obligation shall be null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, this bond is executed by the Surety and accepted by the Obligee subject to the following conditions: 1. No assignment of this bond shall be effective without the written consent of the Surety. 2. This obligation may be terminated by the Surety by sixty (60) days advance written notice to the Obligee, such notice to be sent by registered mail. Such termination shall not affect liability incurred under this obligation prior to the effective date of such termination. 3. PROVIDED, HOWEVER, it shall be a condition precedent to any right of recovery hereunder that, In the event of any breach of the Agreement on the part of the Principal, a written statement of the particular facts stating the nature of such breach shalt be given as soon as reasonably possible by the Obligee to the Surety and the Surety shall not be obligated to perform Principal's obligation until thirty (30) days after Surety's receipt of such statement. Obligee shall further be authorized to recovery hereunder if, after receipt of notice of termination as described herein, Principal fails or refuses to provide a replacement bond or other alternative collateral acceptable to Obligee within thirty (30) days. 4. No action, suit or proceeding shall be had or maintained against the Surety on this bond unless the same be brought or instituted within sixty (60) days after the termination of release of this bond. 5. Under no circumstances shall the aggregate liability of the Surety exceed the penal sum above stated. 6. This bond shall be effective from July 22. 2020 to July 21. 2023. and shall automatically renew for successive one year periods unless released ho Obligee or otherwise terminated by Surety in accordance with the terms stated herein. IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be executed and their seals affixed this 22n° day of July. 2020 Waste Management Disposal Services of Colorado, Inc. (Principal) g4"6k--- By: Susan Ritter, Attorney -in -Fact Lexon Insurance Company (Surety) By' rI wAt Rdatoil Theresa Pickerrell, Attomey-in-Fact POWER Of ATTORNEY KNOWN ALL MEN BY THESE PRESENTS that Waste Management, Inc. and each of its direct and indirect majority owned subsidiaries (the "WM Entities"), have constituted and appointed and do hereby appoint Theresa Pickerrell, Sandra L. Fusinetti, and Susan Ritter of Acrisure, LLC DBA Smith Manus, each its true and lawful Attorney -in -fact to execute under such designation in its name, to affix the corporate seal approved by the WM Entities for such purpose, and to deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to wit: 1. Surety bonds to the United States of America or any agency thereof, and lease and miscellaneous surety bonds required or permitted under the laws, ordinances or regulations of any State, City, Town, Village, Board or any other body or organization, public or private. 2. Bonds on behalf of WM Entities in connection with bids, proposals or contracts. The foregoing powers granted by the WM Entities shall be subject to and conditional upon the written direction of a duly appointed officer of the applicable WM Entity (or any designee of any such officer) to execute and deliver any such bonds. The signatures and attestations of such Attorneys -in -fact and the seal of the WM Entity may be affixed to any such bond, policy or to any certificate relating thereto by facsimile and any such bond, policy or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the applicable WM Entity when so affixed. IN WITNESS WHEREOF, the WM Entities have caused these presents to be signed by the Vice President and Treasurer and its corporate seal to be hereto affixed. This power of attorney is in effect as of d LLta j . 202Q. Witness: On behalf of Waste Management, Inc. and each of the other WM Entities David Reed Vice President and Treasurer 11078 SOMPO INTERNATIONAL POWER OF ATTORNEY KNOW ALL. BY TfESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, ESdunmee American Insurance Company, a Delaware oaparaSon, Larson Insurance Company, a Texas corporation. and/or Bond Safeguard Insurance Company, a So. Dakota corporation. each: a 'Company' and coifeetieMY,'Saneo IntereeUN a do hereby =WK. and appoEO Brook T- Smih, Reym5Sd IA Mundlay, Jason D. Cromwell, James H. Martin, Barbera Dtmcan, Samka G Fuebte5l, Mark A. Quirky, J01 Kamp, Lyman* Long, Amy Bowers, Deborah Heichter, Theresa Plckerrall, Mayon Quinn, Best Ptymira, LAO , Mk fines Dix, Swan Mier, Ryan Britt as true and levrfud Attorney(s)-in-Feet to make, execute, seal, and deliver for. end on its 525 es surety or...I. bards and tndertakkgs given for any and all purposes, also to execute and deliver on its behalf as akeesaid renewed, ehdersions, egreemenls, vvaivers, oo wads or stip... riling to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Company for any portion of the portal sum thereof ih excess of the sumo Of One Hundred LSMaa DSOere O10Q000A00.001- Suah bonds amt undertaidngs for said purposes when duty executed by said attorney(s)-in-fact, shall be binding upon the Company as fully and to the same extend as If signed by the President of the Company utter Its corporate set attested by its Corporate Seamier . TMs appointment is made under and by authority of certain resduhons adopted by the sole shareholder of ea. Company by unanimous written consent effective the 15. day of Aim, 2019, a copy of which appears below under the heading ere. tenificate'. This Poser of Attorney is signed and sealed by facsimile carder and by aulhorty of the following resolution adopted by the SOB shareholder of each Company by unanimous written Orient effective the 15'" day of June, 2019 and said resolution has not since been revoked, amended or repealed RESOLVED, that the signature of an axkvidual named above and the seal of the Company maybe affixed to any such power of attorney or any certificate relating 0temto by facsimile, and any such power of attorney or certificate bearkhg such facSAe Milnahre Of seat stall be velld and hir.1g upon the c.v./ in lth5 ftdure w th re8PNO to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 15a day of June, 2019. Endurance Assurance Corporal Endurance American 7.7771 Richard Appel - "• REERYNnsel Rk(nar * On this 155 day of June, 2019, before me, personally came ifs above sag YAUAes known tome, Stye belrg duty sworn, of the Compenles; and that tee executed said UBVUment on beheg d eaolh Conpeny by suthotttY c its • _undat By: Amy CERTIFICATE Bond Safeguard for • A DAKOTA g l;OVTN 7i, .COMPAY •' did depose and say that hudl�is arcifgoer of each J��'r Commis* il#eiss,figi I, the undersigned Officer of each Company, DO HEREBY CERTIFY that: 1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked amended or modified; that the undersigned has compared the foregoing Dopy thereof with the original power of attorney, and that the same is a hue and correct copy of the original power of attorney and of the whole thereof, 2. The follow'. are resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 15, 2019 and said resolutions have not since been revoked, amended Or modified: "RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Company any and all bonds, undertakings or obligations in surety or co -surety with others: RICHARD M. APPEL, BRIAN J BEGGS, CHRISTOPHER DONELAN, SHARON L. SIMS, CHRISTOPHER L. SPARRO, MARIANNE L WILBERT ; and be it further RESOLVED, that each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obligations in surety or co -surety for and on behalf of tee Company.' 3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so reconad of the whole thereof. IN WITNESS NMEREOF, I have hereunto sat my hand and affixed the corporate seal this ., day of MOTfCE: U.S. TREASURY DEPARTMENTS OFFICE OF FOREIGN ASSETS CONTROL f0FACt No coverage isprovI.1byttdsNoticenorcanitbeconakuedtoreplaceanyprovisionsdanysuretybondordhersuretycoverageprovided. This Notice provides informal. concerning possible impact on your surely coverage due to treaties Issued by OFAC. Ptsasa read tills Mogul =stogy. The CM. of Foreign Assets Control (OFAC, administers and enforces sanctions policy, based on Presidential dederations of"nationalemergency. OFAC has identified and fisted numerous foreign agents, frond organizations, tem.., terrorist organizations, and narcotics.ffickere as 'Specially Designated Nationals and Sleeked Persons'. This list can be bated on the United States Treasury'. website — In accordance with OFAC regulations, if it is determined that you or any other person or entity claiming rho benefits of any coverage has vicimad U.S. sa ... few or is a Specially Designated National end Blocked Person. as identified by OF., any coverage wet be considered a blocked o frozen contract and erg pra.ions of any coverage provided one immediately subject to OFAC. When a surely bond or ether form of musty coverage la considered to be such a flocked or frozen contract, no payments nor prem. refunds may be made without audhoization from OFAC. Other Im.onS on the premiums end payments may also apply. Any reproductions are void. Surely Claims Submission: LaxonCabmAdmtnktratiar@somoo-ine.tonn Telephone: 616.663.9600 Malting Address: Sompo International; 12690 Lebanon Road; Mount Juget, TN 37122.2570 IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Waste Management Disposal Services of Colorado, Inc. — USR18-0065 THIS AGREEMENT is made this � a'day of Iv L / , 2020, by and between Waste Management Disposal Services of Colorado, Inc., a corporation organized under the laws of the State of Colorado, whose address is 40000 County Road 25, Ault, Colorado, 80610, hereinafter referred to as "Property Owner," authorized to do business in the State of Colorado, and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County", "BOCC", "Board" and/or "Board of Commissioners" WITNESSETH: WHEREAS, Property Owner is the owner of the following described property in the County of Weld, Colorado: Part of the 01/2 of Section 7 and Lot B of Recorded Exemption, RECX17-0150; being part of the NWI/4 of Section 7, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, Property Owner has received Board of County Commissioner approval of USR18-0065, and WHEREAS, Property Owner acknowledges that the final approval of USR18-0065 is conditional upon Property Owner's funding and/or construction of the off -site improvements and road maintenance described in this Agreement and depicted in the following incorporated exhibits: Exhibit A — Off -Site Costs of Construction Exhibit B - Off -Site Construction Schedule Exhibit C — 30% Construction Plans Exhibit C-1-100% Released for Construction (RFC), to be attached pursuant to Part I, A.3.0, below Exhibit D — Plat Map, and WHEREAS, Property Owner acknowledges they may not operate as described in USR18-0065 until said improvements have been completed and accepted by County, and WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code Sec. 23-2-290, the failure to commence construction of the improvements outlined herein within three (3) years of the approval of USR18-0065 may result in the revocation or suspension of USR18-0065, upon consideration and order of the Board of County Commissioners, and WHEREAS, the parties agree that the Property Owner shall provide collateral for off -site improvements as required by this Agreement when the Board of County Commissioners approves this Agreement. Page l of 12 Waste Management Disposal Services of Colorado, Mc. — USR18-0065 - OFFSIA20-0004 4d1fi1349 Itl�!!: 1 O� 48 eanei:rya te:xs an R Fee:6e.e0 Carly KopPoi. Clerk and R�oordrr, I�ld County, CO tIIIIMPAI�l4Vtl�+h'1�9�KihhYAWICW Alki "Ill a oo2o ,2 3 GZ NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: PART I; SITE SPEC1FiC PROVI,VONS A. Off -Site lmnrovelments fits reamed be the BOCCI: The Property Owner shall be responsible for the construction of certain off -site safety improvements as identified in the USR hearing Resolution, which may include, but are not limited to: construction of adequate turning radii of sixty (60) feet at the main entrances and exits which extend into County road Rights -of -Way (ROW) connecting to the County road system, and of site drainage and signage installations, as indicated on the accepted Exhibit D and Exhibit C, as required. On -Site improvements that create more nun -off than the historical amount may require off -site drainage improvements to roads and ROW. Any approved access point(s) improvements will include standard County approved tracking control, and may include a double carte guard set (one right after the other), placed back to back across the entire width of the exit from the Property , to ensure a complete revolution of the truck tires in order to minimize the hacking of mud and debris onto the adjacent County road. Additional Off -Site Improvements to be constructed by the Property Owner prior to operation are: 1) Design and construct a northbound right-hand auxiliary tum lane on Weld County Road 25 matching the County specified cross section. Cross Section of base and pavement shall be structurally sufficient to handle the increase of truck traffic from the development and reduce rutting over time. 2) Design and construct a southbound right-hand auxiliary lane on Weld County Road 25 at State Highway 14 meeting the Weld County Code specifications and CDOT specifications for Road and Bridge Construction. 3) Design and construct a southbound left-hand auxiliary lane on Weld County Road 25 at State Highway 14 meeting the Weld County Code specifications and CDOT specifications for Road and Bridge Construction. 4) Outbound lane of the approved site access shall be reconstructed to meet Weld County Road 25 perpendicularly at an 80- to 100- degree angle in order to allow trucks to enter Weld County Road 25 as safely as possible. 1.0 Road Improvements Responsibilities, Property Owner is solely responsible for the required off -site designated improvements. These responsibilities may include but are not limited to the following: design, surveys, utility locates/relocated, acquisition of ROW, dedication of ROW, ROW and Access Permits and fees, coordination with oil and gas operators and facilities, county facilities and affected irrigation facilities, and utilities, traffic control, and project safety during construction. Property Owner shall obey all applicable regulations issued by OSHA, CDOT, CDPHE, and other federal, state, or county regulatory agencies. 2.0 Cost of Construction Exhibit, The cost of construction estimates ("Engineer's Estimate") identified as Exhibit A shall be submitted. The Engineer's Estimate shall include an additional 20% to account for the changes that maybe required from Exhibit C to Exhibit C-1. The Property Owner shall detail the costs used in determining the collateral requirement for the off -site improvements related to the development. A registered Colorado Engineer must sign and stamp the construction cost; Exhibit A. If more than three (3) years have passed since the last construction cost estimate was provided, the Property Owner shall provide an updated construction cost estimate prior to the start of construction. Page 2 of l2 Waste Management Disposal Services of Colorado, Inc. — USR18.0065 - OFFSIA20-0004 481884! Pogo*: 2 of 48 0a/aa/2a2o 10:29 an R Faa:$a.00 Carly Koppaa. Clark and Raaordar. Meld County. CO pia IMSIlkilifaitli#110614Pkisn�wt'I li li 3.0 Construction Schedule Exhibit, Exhibit B shall be provided by the Property Owner indicating the construction schedule for off -site improvements, including an anticipated completion date. Property Owner shall not commence construction of any improvements, record plat, or receive any permitting prior to approval of the of this Agreement. Exhibit C, attached hereto, is the 30% Construction Plans. Property Owner shall submit for review, comment, and approval by the Department of Public Works, 60% plans, 90% plans. and 100% plans. Property Owner shall address all concerns and incorporate all requirements from the final comments. Once approved by all parties, the 100% Released for Construction (RFC) plans shall be incorporated automatically herein as Exhibit C-1, which shall replace Exhibit C in its entirety. Exhibit C-1 shall be provided by the Property Owner and indicating the receipt of the appropriate Grading Permit, Access Permit, and/or ROW Permit, if applicable. Property Owner shall substantially complete all improvements in accordance with Exhibit B in order to request the warranty period to begin. In the event that the construction schedule is more than fourteen (14) calendar days behind the schedule set forth in Exhibit B, the Property Owner shall submit a revised construction schedule. 4.0 Off -site lruprovements Collateral, As required, collateral is accepted and released by the Board of County Commissioners pursuant to the Weld County Code. Additional information about collateral is outlined in Part II.B of this Agreement. 5.0 As -Built Plans. "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or once the Property Owner has completed improvements as described in Part II.B, Subsection 3.2.3, of this Agreement. Property Owner shall also provide an electronic copy of the as -built drawings. The as -built drawings shall be stamped, signed, and dated by a licensed and registered Professional Land Surveyor or Professional Engineer. B. Maul Routes: The Property Owner shall be financially responsible for its proportional share of the associated costs for maintaining and/or improving designated haul/travel routes ("Proportional Share"). 1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property: 1) From site access point south on County Road 25 to State Highway 14. 2.0 Haul trucks shall enter and exit the site at the approved access on CR 25 and travel north -south to the nearest paved road for further dispersal. Any County roads used by USR18-0065 traffic may become part of the established haul/travel routes. 3.0 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds -per -axle and axle configurations, unless overweight permits have been applied for and granted. 4.0 Temporary Deviations, In unusual or rare occasions, if projects mandate deviation from the above - mentioned haul/travel route fora limited period (six months or less), the Weld County Department of Public Works may authorize, in writing, the deviation. In that circumstance, hauUtravel vehicles will utilize paved County roads whenever possible. A deviation from the established haul/travel route lasting more than six (6) months, or requests for one (1) or more deviations within a twelve (12) -month period shall authorize the County to change the haul/travel routes designated herein, and provide notice to the Property Owner. 5.0 }bill Route Signage, Property Owner shall install travel route signs, if applicable, as per Manual of l Jnifonm Traffic Control Devices standards, at all exit points of the Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved travel routes. Page 3 of 12 Waste Management Disposal Services of Colorado, Inc. — USR 18-0065 - OFFSIA20-0004 4515845 Pages: 3 of 48 08/08/2020 18:29 an a FN :$0.00 Carty Kopp��, Cr�rk and R�oprtl�r, U�rd County, Cp �q t � l�r to l K.i�ik��IMI�lJ� it �l � YID 1111 II 6.0 No Deviation from Permitted Haul Routes. Except as authorized by the BOCC pursuant to this Agreement, no use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. C. Mainteaaaee Requirements: 1.0 Off -site recurring maintenance, if applicable, as required by the Board. 2.0 fig Property Owner shall be financially responsible for its Proportional Share of excavation, patching, and pavement repair on designated haul/travel routes. The amount and extent of repair and paving measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. 3.0 deed for immediate Repairs: In the event of damage to a designated haul/travel route by project traffic that causes an immediate threat to public health and safety or renders the road impassible ("Significant Damage"), County shall, after inspection, notify Property Owner of such Significant Damage. Property Owner shall identify the repair required and shall consult with County on the extent, type, timing, materials and quality of repair (i.e. temporary versus permanent) within twenty-four (24) hours after receipt of such notice and shall commence such repair within forty-eight (48) hours after receipt of such notice, to the extent possible. If Property Owner identifies Significant Damage prior to receiving notice thereof from County, Property Owner may commence repair of such Significant Damage and shall concurrently notify County of the extent, type, timing, materials and quality of repair (i.e. temporary versus permanent). 4.0 Repair of Road: On or before December 31, of the calendar year in which County staff has determined through site analysis and/or pavement testing that a particular haulVtravel route road portion will require paving measures in order to protect the public health, safety, and welfare, and the County has budgeted sufficient funds for the following calendar year to pay its share of the Off -Site Improvement/Repair Costs, County shall notify Property Owner in writing that the Of Site Improvements/Repairs shall be undertaken. 4.1 In County's sole discretion, County may undertake the repairs and/or improvements. Property Owner's payment for its Proportionate Share of the road repairs/improvements will be calculated as determined in this Agreement. Property Owner will be invoiced accordingly for those proportional share costs. 5.0 Calculation of Property Owner's Proportional Share of Costs. The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportional share of costs of maintenance, repair, or improvements to Property Owner's designated haul/travel routes. Prior to County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input prior to making a final determination and assessment. The County shall have sole responsibility for determination of Property Owner's Proportional Share of costs The calculation will be determined according to either traffic counts or a traffic study, or other appropriate method, then application of the Proportional Share, as set forth above, to the total cost(s) of maintenance, repair or improvements as determined by the County. Property Owner agrees to pay such Proportional Share of costs within thirty (30) calendar days of receiving an invoice from County. Page 4 of 12 Waste Management Disposal Services of Colorado, inc. — USR 18-0065 - OFFSIA20-0004 4816848 Pages: 4 of 48 .41/06 /202111 50:21 API R F..:$0.00 Carly Koppaa, Clark aMt Raoorda', Maid County, CO 6.0 Annual Road Inspection. County may conduct a road inspection annually with the cooperation of Property Owner and all other Property Owners and/or Lessees who are required by County to participate in road improvement/maintenance agreements for the haul routes designated in this Agreement. Asa result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what road repair/improvement/maintenance work is to be performed during that construction season. Notification to the Property Owner of the required roadway repairs will be given as soon as the data becomes available. 7.0 Notification. The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportionate share of costs of maintenance, repair, or improvements to Property Owner's designated haul/travel routes. Prior to County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input prior to making a final determination and assessment. PART lit GENERAL PROVISIONS A. Entineeriae and Construction Beuniremeats: 1.0 Engineering Services. Property Owner shall furnish to County, at its own expense, all engineering services in connection with the design and construction of the off -site improvements and all on -site drainage -related structures if required by any Municipal Separate Storm Sewer System (MS4) permit, as identified on the accepted Construction Plans and according to the construction schedule set forth in the construction schedule exhibits. 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. The required engineering services shall consist of, but not be limited to: surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 2.0 Ritthts-of-Wav and Easements. Before commencing the construction of any off -site improvements herein agreed upon for public ROW or easements, Property Owner shall acquire, at its sole expense, good and sufficient ROW and easements made necessary for the improvements. The County will not exercise eminent domain on behalf of Property Owner. All such ROW and easements for the construction of roads to be accepted by the County shall be conveyed to the County on County -approved forms and the documents of conveyance shall be furnished to the County for acceptance with express written authority of the BOCC and recording. 3.0 Construction. Property Owner shall furnish and install, at its own expense, the improvements (and any drainage -related structures required by any MS4 permit) identified on the accepted Exhibits and shall be solely responsible for the costs listed on the cost of construction exhibits, with the improvements being completed also in accordance with the schedule set forth in the construction schedule exhibits. The BOCC, at its option, may grant an extension of the time of completion set forth in construction schedule exhibits stated herein upon application by the Property Owner. Said construction shall be in strict conformance to the plans and drawings accepted by the County and the specifications adopted by the County. 4.0 Testing. Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results, Property Owner shall employ at its expense a third party qualified testing company approved by County. Such third party shall Page 5of12 Waste Management Disposal Services of Colorado, Inc. — USR18-0065 - OFFS1A20-0004 4018849 Pagan: 5 of 48 Gr'6� a,10:20Y annd county, co MI MIDI UNA ItiviNAINkilIlitte li /Mk II III furnish the certified results of all such testing to the County. At all times during said construction, the County shall have the right to test and inspect material and work, or to require testing and inspection of material and work at Property Owner's expense. Any material or work not conforming to the approved plans and specifications, including but not limited to damages to property adjacent to the construction plan area shall be repaired, removed or replaced to the satisfaction of the County at the expense of Property Owner. 5.0 Construction Standards. Design and construction of all off -site improvements shall conform to the current version of CDOT's "Standard Specifications for Road and Bridge Construction", "CDOT Field Materials Manual", "CDOT M & S Standards and Specifications" and the Weld County Engineering and Construction Guidelines. 6.0 Traffic Control. Prior to any construction in County and/or State ROW, and as a condition of issuance of any ROW or Access Permit, the Property Owner shall submit a traffic control plan for County review. During construction, appropriate safety signage shall be posted in accordance with the then -current version of the Manual of Uniform Traffic Control Devices. B. Collateral: 1.0 General Requirements for Collateral, Property Owner shall provide to County the necessary collateral to guarantee all of Property Owner's obligations under this Agreement: (1) Project Collateral is required for completion of off -site improvements, as described in this Agreement; (2) Warranty Collateral is required for all off -site improvements during the two-year warranty period. Collateral acceptance and release is governed by the Weld County Code. 1.1 jegject Collateral shall be submitted to guarantee completion of off -site improvements identified in the Exhibits. Project Collateral must be submitted in an amount equal to 100% of the value of the improvements, as calculated in the cost of construction exhibits. Project Collateral must be submitted at the time of execution of the Agreement, unless otherwise directed by the Board of County Commissioners. In the event that Property Owner fails to adequately complete the required improvements, County may, in its sole discretion, access Project Collateral for the purpose of completing such improvements. It may be necessary to provide additional collateral in the event the cost estimate is older than three (3) years. NO WORK SHALL COMMENCE UNTIL PROJECT COLLATERAL HAS BEEN SUBMITTED AND ACCEPTED BY THE COUNTY. 1.2 Warranty Collateral shall be submitted and held by the County until release after the two- year warranty period following the County's initial approval of the improvements. Warranty Collateral shall be in an amount equal to 15% of Project Collateral. In the event that Property Owner fails to adequately complete or repair improvements during the warranty period, following seven (7) calendar days written notice to the Property Owner by the County, County may, in its sole discretion, access Warranty Collateral for the purpose of completing such improvements. 2.0 Form of Collateral. Collateral may be in the form of a letter of credit, a surety bond, or a cash deposit, subject to the requirements and restrictions of Section 2-3-30 of the Weld County Code, as that section maybe amended from time to time. 3.0 Release of Collateral. Collateral shall be released in accordance with Section 2-3-30 of the Weld County Code. For collateral release, the Planning Department conducts inspections for on -site improvements, and the Department of Public Works conducts inspections for off -site improvements. Page 6of12 Waste Management Disposal Services of Colorado, Inc. - USR18-0065-OFFSIA20-0004 4616849 Pain. 6 of 48 ovilelatla0 ts:u6 an It FN:=0.00 Carty ltOOpaa. Clerk and RaeoraM�, Ilaltl County, CO 3.1 Timing of Release. Project Collateral may be released upon completion of all improvements required by the Exhibits after initial approval by the County. Warranty Collateral shall be withheld by County at the time of release of Project Collateral or may be submitted separately by Property Owner. Warranty Collateral may be released upon the approval of the County at the end of the two-year warranty period. 3.2 Request for Release of Collateral. Prior to release of collateral by Weld County for the entire project or fora portion of the project, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 3.2.1 The Property Owner's 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 accepted by Weld County. 3.2.2 For the improvements to public rights -of --way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 3.2.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or at such time as the Property Owner has completed improvements as shown on the Exhibit C and/or Exhibit D, and shall be stamped and approved by an Engineer registered in the State of Colorado, if an Engineer was initially required for the project. The Property Owner's Engineer 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 written acceptance from the County Engineer. 3.3 County's Response to Request for Release of Collateral. Following a written request for release of collateral, County personnel will inspect the improvements as provided in this Agreement. Upon approval, the Board of County Coaunissioners may release said collateral. C. Acceptance of Inwroveaaeata: 1.0 Acceptance of Off -Site Improvements; Upon completion of the off -site improvements, as set forth in Exhibit C-1, Property Owner shall contact the Weld County Department of Public Works and request an inspection of such improvements. Upon request, County personnel will initiate the inspection, approval, and acceptance process. 2.0 Inspection. Approval, and Acceptance Process: 2.1 Upon completion of construction of all off -site improvements as described in the Construction Plans, Property Owner shall submit to the Weld County Department of Public Works a Statement of Substantial Compliance by Property Owner's Engineer along with "as -built" drawings as required in subsection B.3.2.3, above, and shall request County inspection of the Off -Site Improvements. County personnel shall then inspect the improvements. If the County determines the improvements were not constructed in accordance with the Construction Plans, the Page 7 of 12 Waste Management Disposal Services of Colorado, Inc. — USRI B-0065 — OFFSIA20-00114 4818848 Pages: 7 of 48 119/90/2920 19:29 IMt R Fee:38.0S Carly Koppsa, Clrark and W�eprd�r, Wld County, fo III County shall direct the Property Owner to correct the deficiencies. ("Deficiencies") If the County determines the improvements were constructed in accordance with the Construction Plans, the County shall initially approve the Off -Site Improvements. 2.2 Two -Year Warranty Period Such initial approval begins the two-year warranty period. Upon completion of the two-year warranty period, County Public Works personnel shall, upon request by the Property Owner, inspect the subject improvements, and notify the Property Owner of any Deficiencies. If any Deficiencies are discovered, the Property Owner shall correct the deficiencies. County personnel shall re -inspect the improvements after notification from the Property Owner that said Deficiencies have been corrected. If the County personnel finds that the improvements are constructed according to County standards, he or she shall approve the improvements. Such final approval shall authorize the Property Owner to request the Board of County Commissioners to release the Warranty Collateral. 2.3 Placement of Improvements into Service Prior to County Apitroval, If requested by the Property Owner and agreed by the County, portions of the improvements maybe placed in service when completed according to the schedule shown on the construction schedule exhibit, but such use and operation shall not alone constitute an approval or acceptance of said portions of the improvements. County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but not completed according to the schedule shown on the construction schedule exhibit, and may continue to issue building permits so long as the progress of work on the improvements is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Property Owner. D. Permits: Property Owner is required to apply for and receive all permits required by the County or any other applicable local, State, or federal permit, including but not limited to: 1.0 Access Permits, Property Owner shall not use any access onto any County road unless and until an access permit has been issued by the Department of Public Works. Public Works may condition the issuance of an updated access permit on the amendment of this Agreement if the updated access permit authorizes the use of an additional access point, or if there is a change in use of the current access point, as permitted by Article XIV of Chapter 8 of the Weld County Code. 2.0 Right -of -Way (ROW) Permits, Per Article XIII of Chapter 8 of the Weld County Code, any work occurring within County ROW requires a ROW permit issued by the Department of Public Works. No work shall occur without said ROW permit. 3.0 Transport Permits, Per Article XV of Chapter 8 of the Weld County Code, a Weld County Transport Permit is required for Extra -legal vehicles using Weld County roadways to ensure the operation and movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner. E. Eofarcemeot sod Remedies: 1.0 Violation of Temps of Agreement. If in County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have fifteen (15) calendar days within which to either cure the violation or demonstrate compliance or demonstrate that compliance is not readily achievable within fifteen (15) calendar days and the Property Owner is taking appropriate steps to remedy the matter. If, after fifteen (15) Page 8 of 12 Waste Management Disposal Services of Colorado, Inc. —USR18-0065 - OFFSIA20-0004 4616548 Pages: 5 of 45 carlrisl�6Vs.te1 aVo gr 1k1 county, co aw�va IIIIIK NNWAX114WtI01104110 kOliki 111111 calendar days have elapsed, County believes in good faith that the violation is continuing, County may consider Property Owner to be in breach of this Agreement. 2.0 Remedies for Breach by Property Owner, In the event that County detennines that Property Owner has violated the terms of this Agreement, and has failed to correct said violation after seven (7) calendar days written notice, County may exercise any or all of the following remedies, or any other remedy available in law or equity. 2.1 Access and Use of Collateral, County may access and use collateral to address the issues specific to the violation. For example, the County may access and use Project Collateral in order to complete improvements as required by the Construction Plans, when such improvements have not been completed in accordance with the Construction Schedule. 2.2 Withholding Permits, County may "lock" any or all lots within the Property, which precludes the continued issuance of building permits, zoning permits, septic permits, or any other permit issued by any department of the County. 2.3 Court Action. County may seek relief in law or equity by filing an action in the Weld District Court or Federal District Court for the District of Colorado, except that no such civil action or order shall be necessary to access collateral for the purpose of completing improvements as described above. 2.4 Revocation of USR Permit. Property Owner acknowledges that failure to comply with the terms of this Agreement constitutes cause to revoke the USR, and County may exercise this option in its sole discretion by proceeding with revocation under the then current provisions of the Weld County Code. 3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following events: 3.1 Failure to Commence. County may terminate this Agreement upon or after revocation of the underlying land use approval under Weld County Code Section 23-2-290. However, County may still exercise all necessary activities under this Agreenent that the County determines necessary to protect the health, safety, and welfare of the residents of Weld County. 3.2 Cessation of all Permit jtelated Activities, Termination of this Agreement shall occur upon Property Owner's complete cessation of all activities permitted by the USR including any clean up or restoration required. A partial cessation of activities shall not constitute a Termination of this Agreement, nor shall County's issuance of a partial release/vacation constitute a Temination. Unless informed in writing by the Property Owner of cessation of activities, and verified by the County, cessation shall only be presumed if the County determines that the USR has been inactive for three (3) continuous years. Property Owner shall not be entitled to a release of Project or Warranty Collateral unless and until the improvements required by this Agreement are completed. 3.3 bxecution of Replacement Agreement, This Agreement shall terminate following County's execution of a new Improvements Agreement with a new property owner or operator who has purchased the Property or has assumed the operation of the business permitted by the USR, and intend to make use of the rights and privileges available to it through the then existing USR. Page 9 of 12 Waste Management Disposal Services of Colorado, Inc. — USRI8-0065- OFFS IA20-0004 4919949 Pages: 9 of 49 e9art99Ko929 19 aI RR.oForana. w:atd cameo• co IM JO Kit 14111.*90. Mi Ell 3.4 Revocation of USR. This Agreement shall terminate following County's revocation of Property Owner's USR, except that the Property Owner shall only be released from this Agreement after the successful completion of all improvements required under this Agreement, which may be completed by County after accessing Property Owner's collateral if Property Owner fails to complete such improvements. F. General Provisions: 1.0 Successors and Assigns. 1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part, without the prior express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld by County. In such case, Property Owner's release of its obligations shall be accomplished by County's execution of a new Improvements Agreement with the successor owner of the property. 1.2 County's rights and obligations under this Agreement shall automatically be delegated, transferred, or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement. 2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 3.0 Governmental lmmunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as applicable now or hereafter amended. 4.0 /amendment or Modification, Any amendments or modifications to this agreement shall be in writing and signed by both parties. 5.0 No Third-Paetv Beneficiary. It is expressly understood and agreed that the enforcement of the terns and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 6.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 7.0 Choice of LawfJurisdietion, Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, the parties agree that the Weld County District Page 10 of 12 Waste Management Disposal Services of Colorado, Inc. —1.1S518-0065 - OFFStA20-0004 4616848 Paps: 10 of 48 es/06/2tt'lo tl:22 en R Fee:$0.it erriY Koa�r, C1nrk Rreordrr, Mrld Cau+ty, CO itr aigi t Raga' i 4rY��lll eilai I1�tttl tI III Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute. 8.0 Attorneys' Fees/Legal Costs, In the event of a dispute between County and Property Owner, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf 9.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer m a mauls of all suits, actions, or claims of every nature and description caused by, arising from, or on account of the negligent and/or willful acts of Property Owner and pay any and all judgments rendered against the County as a result of the negligent and/or willful acts of the Property Owner All contractors and other employees engaged in construction of the improvements by Property Owner 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. Each party is to bear the cost of its negligent or willful acts. 10.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 11.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request. 12.0 Ackrtowledgment. County and Property Owner acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 13.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential conflict between any term in this Agreement and the Resolution of the Board of County Commissioners approving the underlying land use permit, the provisions of the Board's Resolution shall control. In the event of a discrepancy between this agreement and the Weld County Code in effect at the time of the agreement, the terms of the Weld County Code shall control. Page 11 of 12 Waste Management Disposal Services of Colorado, Mc. — USR18-0065 — UFFSIA20-0004 4818848 Psis: 11 of 48 to/2t3/2ti20 i®:20 nra a Fua:.:1. Car1Y Keppaa, Clark and R�oerd�r, Wld Ceunty, CO IIN1��>1Rflttl<'� !�M�Ik Mihti'�6�I�r'r!RYli 11111 PROPEL' OWNER: W Management Disposal Services of Colorado, Inc. By: �'ir �"4I N Date t7 UL -1 23 , 2.020 Name: fames A. Wilson Title: Vice President STATE OF ILLINOIS SS. County of DuPage OFFICIAL SEAL VDYA SHDIBH QARSHANE NOTARY Ftll UC• STATE OF WNW AM C0MMISS10N E1P11ES:1O21/n3 �rd The foregoing instrument was acknowledged before me this day of `� U1-11 2020, by James A. Wilson, Vice President, West g Management Disposal Services f Colorado, Inc. WITNESS my hand and official seal. My commission expires: lO/2/ /2023 WELD COUNTY: �C ATTEST: d :A Weld Clerk to the B d WELD COUNTY, COLORADO otary Public BY BOARD OF COUNTY COMMISSIONERS ty Cl : t� 1'e �''"u► ♦ i7 �v' a Freeman, Chair Page 12 of 12 !ll!; 0 3 2020 Waste Management Disposal Services of Colorado, Inc. — USR18.0065 - OFFSIA20-0004 4618844 Pay.: 12 of 48 l08K� ,MS 1Clarrk ttttd enorrdar.i�ld County, CO Irdling Ilittikelki II III �Do2o�a3�� Contract Form New Ctlnlirac quest Entity Name* WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. Entity ID* @00O00870 Contract Name. PARTIAL RELEASE OF COLLATERAL THROUGH ACCEPTANCE OF WARRANTY COLLATERAL BOND RIDER WASTE MANAGEMENT DISPOSAL SERVICES OF COLARADO, INC USR18-0065 Contract Status CTB REVIEW ❑ New Entity? Contract ID 6978 Contract Lead* JTRUJILLOMARTINEZ Contract Lead Email jtrujillomartinez@weldgov.c om Parent Contract ID Requires Board Approval YES Department Project # Contract Description* PARTIAL RELEASE OF COLLATERAL THROUGH ACCEPTANCE OF WARRANTY COLLATERAL BOND RIDER WASTE MANAGEMENT DISPOSAL SERVICES OF COLARADO, INC USRI 8-0065 WARRANTY COLLATERAL TO BE ATTACHED TO THE ORIGINAL BOND NUMBER LICXI 197283 IN THE ACOUNT OF 593,487.1 1 Contract Description 2 Contract Type. AGREEMENT Amount* S93,487.11 Renewable* NO Automatic Renewal Department PLANNING Department Email CM-Planning@weldgov.com Department Head Email CM-Planning- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WELDG OV.COM Requested BOCC Agenda Date* 05122/2023 Due Date 05/18/2023 Will a work session with BtCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a NSA enter NSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Effective Date Review Date* 05/22/2024 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name PtirChasitH Purchasing Approver App Department Head TOM PARKO JR. DH Approved Date 05/12/2023 p BOCC Approved BOCC Signed Date BOCC Agenda Date 06/07/2023 Originator JTRUJ I LLOMARTI NEZ Committed Delivery Date Contact Email Contact Phone 1 Contact Phone 2 Contact Type Finance Approver CHRIS D'OVIDIO Expiration Date* 05/22/2025 Purchasing Approved Date Finance Approved Date 05/12/2023 Tyler Ref # AG 060723 Legal Counsel BRUCE BARKER Legal Counsel Approved Date 05/16/2023 Hello