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HomeMy WebLinkAbout730972.tiff (rat„%;� (Ad; tie-. d� COUNTRY CLUB ACRES, INC. COUNTRY CLUB ESTATES SUBDIVISION (Pt. RUM T5N S11) RELEASE OF $43,000.00 Bond AS SUBMITTED BY DANIEL BUXMAN, PRESIDENT WHEREAS, the County Engineer has recommended the release of a $43,000.00 Bond now being held by Weld County, Colorado, for the completion of certain road requirements within said Counrty Club Estates (Pt. Section 11, Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado) said Bond more particularly described as follows: Bond No. BCT 400749 dated February 5, 1971; issued by Aid Insurance Services; to Weld County, Colorado as Obligee. NOW, THEREFORE, BE: IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, and it does hereby direct the County Clerk to release said Bond BCT 400749, now being held by the County, in the amount of $43,000.00 to Daniel Buxman, President, Country Club Acres, Inc., as principal and Aid Insurance Services as surety and to accept in lieu thereof a demand note in the amount of $43,000.00. The above and foregiong resolution was on motion duly made and seconded, adopted by the following vote: G AYES: , ire t. J a /7 / THE;BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: April 25, 1973 730972 WELD COUNTY OFFICE OF THE COUNTY ENGINEER COMMISSIONERS BVRON F. EWING ta� O N COUNTY ENGINEER HARRY S. ASHLEY PHONE (303) 3334212 dir GLENN K. BILLINGS EXT. 31 w� M S COURT HOUSE CZy Cd1 A D 0 GREELEY, eosal 31 January 1973 Board of County Commissioners Weld County Courthouse Greeley, Colorado 80631 Gentlemen: Attached herewith please find the demand note and accompanying financial statements for Country Club Acres. All of the documents are in line with our discussion with the representatives of Country Club Acres, Inc. It should be noted that the enclosed note, even though not exactly our format, does comply with the previous and present bond, which they desire to have us release, and it also follows the spirit of our basic form if not to the letter. Another point which should be stressed is that the amount of the note is far in excess of the amount necessary to complete the improvements in Country Club Acres as they were outlined in the present bond. Therefore it is my opinion that the Board of County Commissioners should feel reasonable confident in the releasing of the bond, if the accompanying financial statements are in order and to your satisfaction. Would you please notify me as to your decision? Sincerel Byro . Ewing • ., ^ AID SUBDIVISION BOND BOND N0. BCT 400749 AID INSURANCE SERVICES ALLIED MUTUAL INSURANCE COMPANY • DES MOINES, IOWA 50304 KNOW ALL MEN BY THESE PRESENTS, that we, Country Club Acres, Inc. , Greeley, Colorado, as principal, and Allied Mutual Insurance Company, Des Moines, Iowa, as surety, are held and firmly bound unto Weld County, Colorado in the Penal sum o£ Fourty Three Thousand and no/100 Dollars ($43,000.00) lawful money of the United States, to the payment of which well and truly to be made we hereby bind ourselves and our heirs, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has made application to Weld County, Colorado for the approval of the platting of certain property located in a general area known as Country Club Estates and; WHEREAS, Weld County, Colorado, as a condition precedent to the approval of said plat requires that the said Principal deliver a bond to guarantee the construction of streets, curb and gutter, sewer and water from a point beginning at the intersection of U.S. Highway 34 south on 43rd Ave. approximately 945 feet to and including man hole number three and then east on 42nd Ave. approximately 450 feet to and including man hole number eight as shown on the plans known as Country Club Estates, First Filing. NOW, THEREFORE, the condition of this obligation is such that, if the above bounden Principal shall construct the improvements described herein, all to the satisfaction of the County of Weld, Colorado in accordance with the present standard specifications of Weld County, Colorado, then this obligation will be void, otherwise to remain in full force and effect. Signed, sealed and dated this 5th day of February, 1971. COUNTRY CLUB ACRES, INC. BY: //,zc117_'..i yfl�,�Ttet,,.- r�-<<- COUNTERSIGNED ALLIEDrL INS sE COMPANY ' BY: // i (11( �/ ��t&.1 cI BY: 1� 1, dG 0(ft el Colorado Resident Agent Paul H. Strayer, At orney--in-Fact \` /� 4' ", ) 1 �� 0nzaarera2=12221aftfltririE7 - POWER OF ATTORNEY AID MID ■wa ls,1\tr: St:It 'icrs ALLIED MUTUAL INSURANCE COMPANY • DES MOINES. IOWA 50304 KNOW ALL MEN BY THESE PRESENTS: Allied Mutual Insurance Company, a corporation organized under the laws of the State of Iowa, witl�kki�l �t.the CitsQof Des_Moines, Iowa ("Company"), does hereby make, constitute and appoint M EA Kh7lR) !!11 PAUL H sTFA7RF mrs-moof _� * , each in his individual capacity, S its true and lawful Attorney-In-Fact with full power and authority to sign, seal, and execute in its behalf bonds, undertakings, and other obligatory instruments of similar nature as follows: i ts. AHY AHD ALL BOIIDS ARD AHY AHD ALL fX1HSEHY'B OT BI�tB?S and to bind Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and confirmed. 4 This Power of Attorney is made and executed pursuant to and by authority of Article IX of the By-Laws duly adopted by the Board of Directors of the Company. In WITNESS WHEREOF, Company has caused these presents to be signed by its President and its corporate a seal to be hereunto affixed this 4th day of March, 1964. ALLIED MUTUAL INSURANCE COMPANY C�COMPANY riAA �W /wt/L_ ?resident STATE OF IOWA ss COUNTY OF POLK On this 4th day of March, 1964, before me personally came John E. Evans, to me personally known, who being by me duly sworn did depose and say that he resides in the City of Des Moines, State of Iowa; that he is President of Allied Mutual Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporation seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledged the same to be the act and deed of said corporation. t St-1 Notary Public in and for Polk County, Iowa. My Commission Expires July 4, 1966. flatTIFICATE The undersigned, William J. Hancock, certifies that he is the duly elected and acting Secretary of Allied Mutual Insurance Company, and that he is authorized to make this certification for the company; that Article IX of the By-Laws of the company authorizes its President to appoint the person(s) named herein as Attorney(s)-In- Fact for the company, and that any bond when signed in its behalf by such Attorney(s)-In-Fact shall be con- sidered to have been validly executed and binding on the company; and that any bond, undertaking, or other obligatory instrument of similar nature when signed on its behalf by such Attorney(s)-In-Fact shall be acknowl- edged to have been validly executed and binding on the company; and that any bond, undertaking, or other obliga- tory instrument of similar nature executed prior to July 31, 1972, to which this Power of Attorney is attached is and shall continue to be a valid and binding obligation of the company according to its terms, when executed in its behalf by the within named Attorney(s)-in-Fact. - IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the company this nth day of February 19 71 A/ c..,,1/4....t/c) Secretary M-79 REV. 6.66 (This Power of Attorney expires July 31, 1972) tt p ) - OFFICE OF BOARD OF COUNTY COM., PHONE (3031 353-2212 EXT.221,222&.- P.O. BOX 758 GREELEY,COLORAOO 80831 i 20 August 1,973 COLORADO , IIb'° • 1l � I Mr. Paul E. Mehl Bond Underwriter 1 1 Aid Insurance Co f Box 974 Des Moines, Lowe 50304 Dear Mr. Mehl, At the request of the developers the County of Weld accepted a demand note and released your bond several months ago as the enclosed copy of a resolution explains. I am at odds to explain why Mr. Buxman or someone connected with Country Club Acres has not informed you of your release of liability. If I can be of further service do not hesitate to contact me again. Sincere =yro F. Ewing re for of Public Works cc Burman Lorenson Encl 1 WELD COUNTY COMMISSIONERS HARRY S.ASHLEY GLENN K.BILLINGS ROY MOSER Hello