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HomeMy WebLinkAbout20203244.tiff DISTRICT COURT COUNTY OF WELD, COLORADO Court Address: P.O . Box 2038 RECEIVED Greeley, Colorado 80632 Telephone No. : (970) 475 -2400 NOV 0 2 2020 WELD COUNTY COMMISSIONERS Petitioners : /Court Use Only / Kiteley Ranch Metropolitan District Attorneys for Petitioners : Case Number: 2006CV000647 Jennifer L. Ivey Alicia J . Corley Div . : 4 ICENOGLE SEAVER POGUE, P . C . A Professional Corporation 4725 South Monaco Street, Suite 360 Denver, Colorado 80237 Telephone : 303 .292 . 9100 Facsimile : 303 .292 . 9101 E-mail : Jlvey@lSP-law.com ACorley c ISP-law.com Atty . Reg . # : 37851 (Ivey) 50977 (Corley) OATH OF DIRECTOR AND EVIDENCE OF BOND IN THE MATTER OF KITELEY RANCH METROPOLITAN DISTRICT OATH OF DIRECTOR I, Donald C . Jobe III , do (SWEAR or AFFIRM) that I will support the Constitution of the United States, the Constitution of the State of Colorado, and the laws of the State of Colorado, and will faithfully perform the duties of the office of Director upon which I am about to enter to the best of my ability. C Donald C . Jobe lll , Dir tor Co M M v n C.oci- ; o r15 2020-3244 SPoiz9 St Subscribed and sworn to before me this ZI day of Ocia4c,- ,2020. WITNESS my hand and official seal. My commission expires: oz/lZ/2 02 2 (SEAL) Notary Public ANTONIO CABRAL NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20184006829 COMMISSION EXPIRES FEB.12,2022 LMT DISTRICT COURT COUNTY OF WELD, COLORADO Court Address : P . O . Box 2038 R Greeley , Colorado 80632 Telephone No . : ( 970 ) 475 -2400 NOV 0 2 2020 WELD COUNTY COMMISSIONERS Petitioners : ACourt Use OnlyA Y Kiteley Ranch Metropolitan District Attorneys for Petitioners : Case Number: 2006C V000647 Jennifer L . Ivey Alicia J . Corley ICENOGLE SEAVER POGUE, P . C . Div . : 4 A Professional Corporation 4725 South Monaco Street, Suite 360 Denver, Colorado 80237 Telephone : 303 .292 . 9100 Facsimile : 303 .292 . 9101 E -mail : J I ve\ ci I S P- law . com ACorlev Z I SP- law .com Atty . Reg. # : 37851 (Ivey ) 50977 ( Corley) OATH OF DIRECTOR AND EVIDENCE OF BOND IN THE MATTER OF KITELEY RANCH METROPOLITAN DISTRICT OATH OF DIRECTOR I . Shellene Ellington, do (SWEAR or AFFIRM) that I will support the Constitution of the United States, the Constitution of the State of Colorado, and the laws of the State of Colorado, and will faithfully perform the duties of the office of Director upon which I am about to enter to the best of my ability . i Shellene Ellington, Director sl7blt-9 Subscribed and sworn to before me this 4 day of 4:C--CI*4379--- . 2020. WITNESS my hand and official seal. My commission expires: 5 r 7e-124 (SEAL) Man o Crterl NOTARY PUBLIC '\otar` ublic STATE OF COLORADO NOTARY D 20204071617 MY=MISSION FIRES August 10,2024 EVIDENCE OF BOND The Kiteley Ranch Metropolitan District hereby provides evidence of an individual, schedule or blanket surety bond for the above named director in satisfaction of the requirements of Section 32-1-901(2), C.R.S., attached hereto as Exhibit A and incorporated herein by this reference. r EXHIBIT A Evidence of Bond RLI® RLI Insurance Company PUBLIC OFFICIAL POSITION P.O.Box 3967 Peoria IL 61612-3967 Phone:(309)692-1000 Fax:(309)683-1610 SCHEDULE BOND Bond No. LSM1331861 Item 1. Name of Insured: Kiteley Ranch Metropolitan District (the"Insured") Principal Address: c/o Icenogle Seaver Pogue 4725 South Monaco Street, Suite 360 Denver, CO 80237 Item 2. Bond Period April 22.2020 to Continuous Until Cancelled . Item 3. Limit of liability does not exceed the sum specified in the Schedule of named Positions or written acceptances by the Company as to each Position there listed. I. INSURING AGREEMENT The RLI Insurance Company, an Illinois corporation (the "Company"), in consideration of an agreed premium is held and firmly bound unto Kiteley Ranch Metropolitan District of Denver , CO , Obligee, for the faithful discharge of the duties of any Public Official or Employee while occupying any position named in the schedule attached, or added thereto by written acceptance of the Company as to said position after the 22nd day of April , 2020 II. CONDITIONS A. Coverage.Automatic coverage is granted for the first thirty days service of any Public Official or Employee: (1) Occupying a newly created position identical with one listed in the schedule of positions, in an equal amount. Provided, however, that the automatic coverage herein granted shall be void and of no effect from the beginning, unless during the said thirty day period the Obligee has requested in writing that the position be added to the schedule, and the Company by written acceptance has consented thereto. Coverage on any position may be increased or decreased upon written request of the Obligee, if agreed to in writing by the Company. B. Cancellation. Cancellation hereunder is effective, and all liability under this bond shall cease as to future acts or omissions as to any Public Official or Employee on the date specified in written notice given by the Obligee to the Company as to any or all positions or Public Officials or Employees, or after thirty days' written notice given by the Company to the Obligee of its intent to cancel this bond in its entirety, or as to any Public Official or Employee or position. C. Liability. The Company's liability under this bond shall not be cumulative, and in no event shall the Company be called upon to pay as a loss hereunder in an amount greater than the largest single amount for which the position occupied by any Public Official or Employee causing such loss is or has been covered in the schedule, whether said loss occurred during any one or more years. The liability of the Company for any Public Official or Employee occupying more than one position at one time, or at different times, shall not exceed the largest amount of coverage specified for any single position occupied by said Public Official or Employee. The liability of the Company shall never exceed the amount in effect for the position when the act OFF 0102 (2/93) Page 1 of 3 Pages O0002304-30,30 of the Public Official or Employee causing the loss shall have occurred. In the event there are more Public Officials or Employees occupying the position covered in the schedule than are listed therein, the Company shall be liable for such proportion of the amount of coverage as the number of Public Officials or Employees listed bears to the number of Public Officials or Employees actually occupying the position when the loss occurred. The Liability of the Company hereunder is subject to the terms and conditions of the following Riders, attached thereto: None of the specifications of this Bond shall be altered or waived, except in writing by the Company executed by its President,Vice President, Secretary, Assistant Secretary or Treasurer. Dated this 22nd day of April , 2020 . RLI Insurance Company By A/7er! Barton W. Davis Vice President `yJ... CO''a =�?OOPPORAT� 9� SEAL . L OFF 0102 (2/93) Page 2 of 3 Pages O0002304-30,30 Bond No. LSM1331861 SCHEDULE OF POSITIONS- EFFECTIVE THE 22nd DAY OF April , 2020 . (If there is more than one position of like classification, list by number,thus: Cashier No. 1, Cashier No. 2) Schedule Number Position Name No. Position Location Bond Amount 1 Treasurer 1 $ 5,000.00 2 Board Member 1 $ 1,000.00 3 Board Member 1 $ 1,000.00 4 Board Member 1 $ 1,000.00 5 Board Member 1 $ 1,000.00 6 Board Member 1 $ 1,000.00 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 OFF 0102(2/93) Page 3 of 3 Pages O0002304-30,30 POWER OF ATTORNEY RLI Insurance Company 9025 N.Lindbergh Dr. Peoria,IL 61615 Phone: 800-645-2402 Know All Men by These Presents: Bond No. LSM1331861 That the RLI Insurance Company ,a corporation organized and existing under the laws of the State of Illinois ,and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: Barton W.Davis in the City of Peoria ,State of Illinois , as its true and lawful Agent and Vice President , with full power and authority hereby conferred upon him/her to sign,execute,acknowledge and deliver for and on its behalf as Surety,in general,any and all bonds and undertakings in an amount not to exceed Five Hundred Thousand and 00/100 Dollars ( $ 500,000.00 )for any single obligation,and specifically for the following described bond. Principal: Kiteley Ranch Metropolitan District Obligee: Same as Principal Type Bond: Public Official Position Schedule Bond Bond Amount: $ 10,000.00 Effective Date: April 22,2020 The RLI Insurance Company further certifies that the following is a true and exact copy of a Resolution adopted by the Board of Directors of RLI Insurance Company ,and now in force to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF,the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 22nd day of April , 2070 . 5v ,,,,, :qr..: RLI Insurance Company opvoa,�re':A. SEAL . By: �. State of Illinois •••• Barton W.Davis Vice President "L 1 N n SS County of Peoria } CERTIFICATE On this 22nd day of April , 7070 , before me, a Notary Public, I,the undersigned officer of personally appeared Barton W.Davis , who being by me RLI Insurance Company duly sworn, acknowledged that he signed the above Power of Attorney as the do hereby certify that the attached Power of Attorney is in full force aforesaid officer of the RLI Insurance Company and effect and is irrevocable; and furthermore, that the Resolution of and acknowledged said instrument to be the voluntary act and deed of said the Company as set forth in the Power of Attorney,is now in force. In corporation. testimony whereof,I have hereunto set my hand and the seal of the RLI Insurance Company 10� this 22nd day of April , 2020 . By: lI� Gretchen L.Johnigk Notary Public RLI Insurance Company GRETCHEN L JOHNIGK By: �/�. Poe pc D "OFFICIAL SEAL" Jeffrey . ckI U 1 � Corporate Secretary rt Noss My Commission Expires May 26,2020 A0006D19 r DISTRICT COURT COUNTY OF WELD , COLORADO Court Address : P . O . Box 2038 Greeley , Colorado 80632 RECEIVED~ Telephone No . : ( 970 ) 475 -2400 NOV 0 2 2020 WELD COUNTY COMMISSIONERS Petitioners : ACourt L; se Only * 4 Kiteley Ranch Metropolitan District Attorneys for Petitioners : Case Number: 2006CV00064 7 Jennifer L . Ivey- Alicia J . Corley Dig . : 4 10ENOGLE SEAVER POGUE . P . C . A Professional Corporation 4725 South Monaco Street, Suite 360 Denver, Colorado 80237 Telephone : 303 .292 . 9100 Facsimile : 303 .292 .9101 E-mail : JIvev 2 ; ISP - Iaw .com A Corley CI I S P - la\t . com Atty . Reg . # : 37851 ( Ivey) 50977 (Corley) OATH OF DIRECTOR AND EVIDENCE OF BOND IN THE MATTER OF KITELEY RANCH METROPOLITAN DISTRICT OATH OF DIRECTOR I , Chad Ellington , do (SWEAR or AFFIRM) that I will support the Constitution of the United States, the Constitution of the State of Colorado. and the laws the State of Colorado. and will faithfully perform the duties of the office of Direct ipon wh is I m about to enter to the best of my ability . C E l l ingto , erector SDoi2t9 4.Subscribed and sworn to before me this e- dad of 6Y-v 2020. WITNESS my hand and official seal.My commission expires: At1C-4,5i 1O Z41/ • (S E A L) Brian a C ibarr NOTARY PUBLIC otary ublic STATE OF COLORADO NOTARY ID 20204027617 MY COMMISSION DQ'4RES August 10,2024 • EVIDENCE OF BOND The Kiteley Ranch Metropolitan District hereby provides evidence of an individual, schedule or blanket surety bond for the above named director in satisfaction of the requirements of Section 32-1-901(2),C.R.S., attached hereto as Exhibit A and incorporated herein by this reference. EXHIBIT A Evidence of Bond RLI® RLI Insurance Company PUBLIC OFFICIAL POSITION P.O.Box 3967 Peoria IL 61612-3967 Phone:(309)692-1000 Fax:(309)683-1610 SCHEDULE BOND Bond No. LSM1331861 Item 1. Name of Insured: Kiteley Ranch Metropolitan District (the"Insured") Principal Address: c/o Icenogle Seaver Pogue 4725 South Monaco Street, Suite 360 Denver, CO 80237 Item 2. Bond Period April 22.2020 to Continuous Until Cancelled . Item 3. Limit of liability does not exceed the sum specified in the Schedule of named Positions or written acceptances by the Company as to each Position there listed. I. INSURING AGREEMENT The RLI Insurance Company, an Illinois corporation (the "Company"), in consideration of an agreed premium is held and firmly bound unto Kiteley Ranch Metropolitan District of Denver , CO , Obligee, for the faithful discharge of the duties of any Public Official or Employee while occupying any position named in the schedule attached, or added thereto by written acceptance of the Company as to said position after the 22nd day of April , 2020 II. CONDITIONS A. Coverage.Automatic coverage is granted for the first thirty days service of any Public Official or Employee: (1) Occupying a newly created position identical with one listed in the schedule of positions, in an equal amount. Provided, however, that the automatic coverage herein granted shall be void and of no effect from the beginning, unless during the said thirty day period the Obligee has requested in writing that the position be added to the schedule, and the Company by written acceptance has consented thereto. Coverage on any position may be increased or decreased upon written request of the Obligee, if agreed to in writing by the Company. B. Cancellation. Cancellation hereunder is effective, and all liability under this bond shall cease as to future acts or omissions as to any Public Official or Employee on the date specified in written notice given by the Obligee to the Company as to any or all positions or Public Officials or Employees, or after thirty days' written notice given by the Company to the Obligee of its intent to cancel this bond in its entirety, or as to any Public Official or Employee or position. C. Liability. The Company's liability under this bond shall not be cumulative, and in no event shall the Company be called upon to pay as a loss hereunder in an amount greater than the largest single amount for which the position occupied by any Public Official or Employee causing such loss is or has been covered in the schedule, whether said loss occurred during any one or more years. The liability of the Company for any Public Official or Employee occupying more than one position at one time, or at different times, shall not exceed the largest amount of coverage specified for any single position occupied by said Public Official or Employee. The liability of the Company shall never exceed the amount in effect for the position when the act OFF 0102 (2/93) Page 1 of 3 Pages O0002304-30,30 of the Public Official or Employee causing the loss shall have occurred. In the event there are more Public Officials or Employees occupying the position covered in the schedule than are listed therein, the Company shall be liable for such proportion of the amount of coverage as the number of Public Officials or Employees listed bears to the number of Public Officials or Employees actually occupying the position when the loss occurred. The Liability of the Company hereunder is subject to the terms and conditions of the following Riders, attached thereto: None of the specifications of this Bond shall be altered or waived, except in writing by the Company executed by its President,Vice President, Secretary,Assistant Secretary or Treasurer. Dated this 22nd day of April , 2020 RLI Insurance Company By /(1.-?3 Barton W. Davis Vice President tt GONPORArE. s SEAL .N• ` . OFF 0102 (2/93) Page 2 of 3 Pages O0002304-30,30 Bond No. LSM1331861 SCHEDULE OF POSITIONS-EFFECTIVE THE 22nd DAY OF April , 2020 (If there is more than one position of like classification, list by number,thus: Cashier No. 1, Cashier No. 2) Schedule Number Position Name No. Position Location Bond Amount 1 Treasurer 1 $ 5,000.00 2 Board Member 1 $ 1,000.00 3 Board Member 1 $ 1,000.00 4 Board Member 1 $ 1,000.00 5 Board Member 1 $ 1,000.00 6 Board Member 1 $ 1,000.00 7 . 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 OFF 0102 (2/93) Page 3 of 3 Pages O0002304-30,30 POWER OF ATTORNEY RLI Insurance Company 9025 N.Lindbergh Dr. Peoria,IL 61615 Phone: 800-645-2402 Know All Men by These Presents: Bond No. LSM 1331861 That the RLI Insurance Company ,a corporation organized and existing under the laws of the State of Illinois ,and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: Barton W.Davis in the City of Peoria ,State of Illinois , as its true and lawful Agent and Vice President , with full power and authority hereby conferred upon him/her to sign,execute,acknowledge and deliver for and on its behalf as Surety,in general,any and all bonds and undertakings in an amount not to exceed Five Hundred Thousand and 00/100 Dollars ( $ 500.000.00 )for any single obligation,and specifically for the following described bond. Principal: Kiteley Ranch Metropolitan District Obligee: Same as Principal Type Bond: Public Official Position Schedule Bond Bond Amount: $ 10,000.00 Effective Date: April 22,2020 The RLI Insurance Company further certifies that the following is a true and exact copy of a Resolution adopted by the Board of Directors of RLI Insurance Company ,and now in force to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary, Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF,the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 22nd day of April , 2020 . „`"iiii CE's•,, RLI Insurance Company y ,,,,,,,•., .'tiro., ooPortirs SEAL : = By: Barton W.Davis Vice President State of Illinois L.I N�pN os,'` ```` SS County of Peoria } CERTIFICATE On this 22nd day of April , 7070 , before me, a Notary Public, I,the undersigned officer of personally appeared Barton W.Davis , who being by me RLI Insurance Company duly sworn, acknowledged that he signed the above Power of Attorney as the do hereby certify that the attached Power of Attorney is in full force aforesaid officer of the RLI Insurance Company and effect and is irrevocable; and furthermore, that the Resolution of and acknowledged said instrument to be the voluntary act and deed of said the Company as set forth in the Power of Attorney,is now in force. In corporation. testimony whereof,I have hereunto set my hand and the seal of the �/ / RLI Insurance Company d� 01014*. this 22nd day of April , 2020 . By: I Gretchen L.Johnigk Notary Public RLI Insurance Company , �p GRETCHEN L JOHNIGK By: �/►r NOTARY Pu9LG "OFFICIAL SEAL" Jeffrey D. ck Corporate Secretary 'WNW My Commission Expires STATE OF P May zs.2020 A0006D19 Hello