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Home My WebLink About20203158.tiffRESOLUTION RE: APPROVE FULL RELEASE OF PROJECT COLLATERAL AND ACCEPT WARRANTY COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PUDF18-0002 - PANORAMA ESTATES, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on April 11, 2018, the Department of Planning Services approved Planned Unit Development Final Plan, PUDF18-0002, for Panorama Estates, LLC, 36509 CR 41, Eaton, Colorado 80615, for 26 Residential Lots with E (Estate) Zone Uses along with 3.79 acres of Open Space and Three (3) Outlots, on the following described real estate, to -wit: Lot B of Recorded Exemption, RECX12-0025; being part of the N1/2 SE1/4 of Section 8, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, on July 23, 2018, the Board of County Commissioners of Weld County, Colorado, approved an Improvements and Road Maintenance 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 Panorama Estates, LLC, with terms and conditions being as stated in said agreement, and accepted project collateral in the form of Subdivision Bond #2269316, guaranteed by North American Specialty Insurance Company, in the amount of $539,178.50, and WHEREAS, the Board has been presented with warranty collateral in the form of Maintenance Bond #2269316M, guaranteed by North American Specialty Insurance Company, do Swiss Re Corporate Solutions, 1200 Main Street, Suite 800, Kansas City, Missouri 64105, in the amount of $80,876.78, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a site inspection and recommend release of said project collateral and acceptance of warranty collateral for the aforementioned off -site improvements, and WHEREAS, upon recommendation of staff, the Board deems it advisable to release said project collateral, in the form of Subdivision Bond #2269316, guaranteed by North American Specialty Insurance Company, in the amount of $539,178.50, and accept warranty collateral for off -site improvements in the form of Maintenance Bond #2269316M, guaranteed by North American Specialty Insurance Company, do Swiss Re Corporate Solutions, 1200 Main Street, Suite 800, Kansas City, Missouri 64105, in the amount of $80,876.78. 4648575 Pages: 1 of 2 11/06/2020 10:39 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII !MI Nilh DI %Aid rM11t'h+'IGIBI Llk BM 2020-3158 PL2289 FULL RELEASE OF PROJECT COLLATERAL AND ACCEPT WARRANTY COLLATERAL FOR OFF -SITE IMPROVEMENTS (PUDF18-0002) - PANORAMA ESTATES, LLC PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the project collateral in the form of Subdivision Bond #2269316, guaranteed by North American Specialty Insurance Company, in the amount of $539,178.50, be, and hereby is, released, and warranty collateral for off -site improvements, in the form of Maintenance Bond #2269316M, guaranteed by North American Specialty Insurance Company, c/o Swiss Re Corporate Solutions, 1200 Main Street, Suite 800, Kansas City, Missouri 64105, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said project collateral to the appropriate issuing party. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of October, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddbc„,t, Weld County Clerk to the Board BY: AP_ Deputy Clerk to the Board Cou % Attorney Date of signature: 1o/ -qua 4648575 Pages: 2 of 2 11/06/2020 10:39 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Ill I ��J� 1�94'I��' k'��i rrCi h� r r�u 11I 111 Mike Freeman, Chair Steve oreno, Pia-Tem t K. James Kevin D. Ross 2020-3158 PL2289 CLERK TO THE ..BOARC.. PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 Mrs. Dulce Huggins Flood and Peterson 4821 Wheaton Drive Fort Collins, CO 80525 RE: Release Subdivision Bond #2269316 — PUDF18-0002 -- Panorama Estates, LLC Enclosod' please find the released Subdivision Bond and a copy of the Board of County Commissioner's Resolution, dated October 21, 2020, authorizing the release of the Subdivision Bond #2269316 held as project collateral in the amount of $539,178.50 for PUDF18-0002, Panorama Estates, LLC. you have any questions, please contact me at (970) 400-4227, or choffman@weldgov.com Cheryl LI offm- n r Deputy Clerk to the Boar Enclosure cc: Dawn Anderson and Jazmyn Martinez, Department of Public Works Tom Parko and Chris Gathrnan, Department of Planning Services Clerk to the Board File PL2289 R Complete items 1 2, and 3. ® Print your name and address on the reverse so that we can return the card to you. m Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: irifO21 ran,;/ ea go 50,?‘ • u MI 9590 9402 4445 8248 1205 92 i COMPLETE THIS SECTION ON DELIVERY A. Signature M( ‘ ( ❑ Agent ❑ Addressee _B. Received by I (Printed Name) C. Date of.Delivery nit, 414 \ D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 2. Article Number (Transfer from service label) 1? 145D ❑0DD 9675 2811 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ertified Mail® Certified Mail Restricted Delivery O Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Insured Mail ❑ Insured Mail Restricted Delivery (over $500) ❑ Priority Mail Express® ❑ Registered MaiITM ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature Confirmation"' ❑ Signature Confirmation Restricted Delivery PS Form 3811 , July 2015 PSN 7530-02-000-9053 Domestic Return Receipt CLERK TO THE BOARD 1150 0 STREET PO BOX 758 GREELEY CO 80632-0758 ?D1? 1450 0000 9675 2811 MRS. DULCE HUGGINS FLOOD AND PETERSON 4821 WHEATON DRIVE FORT COLLINS, CO 80525 n. .t.'!•*'h ' ' i .N...'w•a%.a.. rfin "'rrssaswrr® c, ,*ISi ;' ® rrrrarar_raar arra. -__ 3N11 Q3.Lloo iv al03 `SS3 1OaFr Naf113�1 3H -I. AO .. r "� r r r ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: ie2Leatifft>4)-tc} uZ-re-&„, 45aa • 11111111! 11111 !IIIIII Illlllllllfllll!1 1 9590 9402 4445 8248 1205 92 2. Article Number (Transfer from service label) 7017 1450 ❑nDo 9675 2811 m-_.1 . -c PS Form 3311, July 2015 PS; 7530-02-000-9053 • .....-`•.ifiis?itr..i .':sn"'rry 'J2k1.4-•; ,.; .' ?ei�- Zyr iki eq� ,v{�. .. It f r'1<. fi�Ailt��YY/.'X1.�'Y��dfl�tIRP: l .,..N!N.� Tr�%� s,c. r+ . + '. XxTT.`.74ra` y ,t..rav COMPLETE THIS SECTION ON DELIVERY A. Signature x B. Received by (Printed Name) ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: lD No 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ertified Mail® Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Insured Mail ❑ Insured Mail Restricted Delivery (over $500) • W Y ti• •- 0 0 Priority Mail Express® Registered MaiITM Registered Mall Restricted Delivery Return Receipt for Merchandise Signature ConfirmanonTM Signature Confirmation Restricted Delivery Domestic Return Receipt • • fir•V�45 .110.?'yttAMrri' "CAc•W:.4a; • _ r'- . SUBDIVISION BOND Bond No. 2269316 CO/ ALL MEN BY THESE PRESENTS, that we F -4 - fates, LLC; 9075 WCR 10. Fort L ,•ton °R FgS�FR'q/ CO 8062 e/'ve/ 0 at. b ///ic�4y°� �N(; rr as Principal, and N. h American Specialty Ins.. oeti � .'i si FQv °hers iR4f) °are/ authorized to do business 1 the State of Colorado 0 e 000. Board of County Com . '.sioners, County of Weld, State of Co►, as Obligee, in the penal sum of e Hundred Thirty -Nine Thousand One Huh - and 50/100ths ($ 539,178.50 ) the United States of America, for the ,< merit of which well and truly to be made e bind ourselves, administrators, successors and assigns, joint and severally, firmly by these preset WHEREAS, Panorama Estates, LLC has agreed to construct in Panorama Estates the following improvements: as detailed in Exhibit "A" between the County of Weld, Colorado and P have constructed, the improvements herein d reason of its failure to complete said work Signed, sealed and dated this 3rd S. 89/GE 2/98 NOW, THEREFORE, THE CONDITION OF HIS OBLIGATION oney of ;xecutors, Exhibit "B" of_the Improvements Agreement Estates, LLC SUCH, that if the said Principal shall construct, or cribed and shall save the Oh ee harmless from any loss, cost or damage by en this obligation shall be null and voi day of May • otherwise to remain in full force and effect. 2018 Panorama Estates, LL Principal By: North American S•ecialt K'An ' e�. ' ogel ey-in-Fact XDP SWISS RE CORPORATE SOLUTIONS ORTH AMERICAN SPECIALTY INSURANCE COMPANY SHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL Pe' C.R OF ATTORNEY KNOW L MEN BY THESE PRESENTS, THAT North America' ALL Company, a corporation d:::::::)lap d e : under laws of the ate of New Hampshire, and having its principal office RFL� q T cERAI ' uansas, and Washon. . urance Company, a I. oration organized and existing under the laws of t1 Of ASF� *c mincipC. of Overland Park, Kansas, e does hereby make, constitute and appoint: aat�e�d (�+° vO L� RU W ' L D. LEY JEBUTORACNSTE IEVENSJ J. .E7 b /� 9hty Cow GFR R� LER, It oeX�Zd� s�°n 8 y e stayoa�a Its true and lawful Attorney m -Fact, to make, execute, seal and deliver, for to the Bo obligatory in the nature of a bo , on behalf of each of said Companies, as surety, on cow.. err ) by law, regulation, contract or othe e, provided that no bond or undertaking or contract or surety.„ te amount of: FIFTY MILLION (S 50,000,000.00) DOLLARS This Power of Attorney is granted is signed by facsimile under and by the authority of the folio Directors of both North American Special urance Company and Washington International Ins on the 9th of May, 2012: "RESOLVED, that any two of the Preside y Managing Director, any Senior Vice Pres' . -nt, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and eac r any of them hereby is authorized to ex te a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf o e Company bonds, undertakings an. contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any suc ower of Attorney and to attach erein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such o certificate relating thereto by facsimile, and any such Power o binding upon the Company when so affixed and in the future wi ii - s and the seal of the C ttomey or certifica regard to arty b a. Resolutions adopteu .ds of Company at meetings duly callen and held pany may be affixed to any such Power of Attorney or to any aring such facsimile signatures or facsimile seal shall be d, undertaking or contract of surety to which it is attached." *14407 Steven P. Anderson, Senior Vice Presi• of Washington International Insurance Company & Senior Vice President of Nor - Cdn Specialty Insurance Company Michael A. �, Senior Vice Presi & Senior Vice IN WITNESS WHEREOF, North American Special official seals to be hereunto affixed, and these presents t State of Illinois County of Cook ss: On this 03 day of JANUARY Washington International Insurance Senior Vice President of Was Company, personally known acknowledged said ins I, Jeffrey Gol International I American Sc IN WI 0 A .I t of ' ash gton tiaral Insurance Company Merit of North American Sp ance Company and W signed by their authorized o Insurance Company .,.....„„ l0Nq�„fie t•,, � owpa...w. Z' 4SEALT4' on International Insurance Company have caused their s this 03 day of JANUARY 2018 . h American Specialty Insurance Com ashington International Insurance Compa 18 , before me, a Notary Public personally appeared Steven P. ompany and Senior Vice President of North American Specialty Insuran International Insurance Company and Senior Vice President of North Am e, who being by me duly sworn, acknowledged that they signed the above P o be the voluntary act and deed of their respective companies. OFFICIAL SEAL N. KENNY Notary Pubic • Statc al Illinois My Commission r"xpeas 12004/4021 SS WHEREOF, I have set my hand and affixed the seals of the Companies erson , Senior Vice President of Company and Michael A. Ito , Specialty Insurance owe Attorney as officers of and M. Kenny, Not Public hington by said North Jeffrey Goldberg, Vice iresident & Assistant Secretary of Washington International Lnctrcuce Company & North American Specialty Insurance Co d • - g , the duly elected Assistant Secretary of North American Specialty Insurance Company and urance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney cialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. III IL. IL. NO ERN COLORADO (ONS1RUC1ORS, INL, TO: eld County Department of Planning Services 1 ' n. 17th Avenue Gre- , CO 80631 Attn: Chri athman by. RE. re Transmit: x Mail Hand Delivered Other NO. COPIES 1 Fax To: Total Pages Faxed: Via Cover: Description Subdivision Bond - Panorama ' ates Copies To: By: Chris Zadel Northern Colorado Constructors Inc. File: Panorama Estates November 19, 2020 CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. 0. BOX 758 GREELEY, CO 80632 Chris Zadel c/oNorthern Colorado Constructors, Inc. 9075 CR 10 Fort Lupton, CO 80621 RE: Release of Project Collateral - Subdivision Bond #2269316 - $539,178.50 and Accept Warranty Collateral — Maintenance Bond #2269316M - $80,876.78 PUDF18-0O02 — Panorama Estates, LLC Dear Mr. Zadel: Enclosed please find a copy of the Board of County Commissioner's Resolution, dated October 21, 2020, authorizing the release of Subdivision Bond #2269316 held as project collateral in the amount of $539,178.50 to Mrs. Dulce Huggins at Flood and Peterson and accepting warranty collateral in the form of Maintenance Bond #2269316M in the amount of $80,876.78 through North American Specialty Insurance Company. The original Subdivision Bond in the amount of $539,178.50 has been returned to North American Specialty Insurance Company via Ctrs. Dulce Huggins, Flood and Peterson, 4821 Wheaton Drive, Fort Collins, CO 80525. If you have any questions, please contact me at (970) 400-4227, or email choffman@vveldgov.com. Cheryl off an Deputy Clerk to the Enclosure cc: Dawn Anderson and Jazmyn Martinez, Department of Public Works Tom Parka and Chris Gathman, Department of Planning Services Clerk to the Board File PL2289 — I Adrow Arm OR.f&IA4& 11J 9075 WCR 10 * Fort Lupton, CO 80621 ` �j/ I V IlLaramTRAN 303-857-1754 SMITTAL FAX: 303-857-2933 NORHERN (KHAN LONSIRULTORS, IN(, TO: Weld County Department of Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 Attn: Jazmyn Trujillo -Martinez Project: Panorama Estates Project No: Date: 9/23/2020 RE: Maintenance Bond We Transmit: Fax To: is Cover: x Mail Total Pages Faxed: Hand Delivered Other NO. COPIES Description 1 Maintenance Bond 2269316M Copies To: File: Panorama Estates By: ai:, /1O.1...p Chris Zadel Northern Colorado Constructors Inc. MAINTENANCE BOND BOND NO. 2269316M KNOW ALL MEN BY THESE PRESENTS: That we, Panorama Estates, LLC, 9075 WCR 10, Fort Lupton, CO 80621 oSwiss Re Corporate Solutions 1200 Main Street, Suite 800 Kansas City, MO 64105 , as Principal, and North American Specialty Insurance Company , as Surety, are held and firmly bound unto Board of County Commissioners, County of Weld, State of Colorado , as Obligee, in the sum of Eighty Thousand Eight Hundred Seventy -Six and 78/100th Dollars ($ 80,876.78 ), for the payment of which sum well and truly to be 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 contract with Obligee dated May 3, 2018 for: Panorama Estates and the Principal is required to guarantee the work under said contract against defects in materials or workmanship. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, if Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense defects in materials or workmanship in the said work which may develop during the period of time beginning September 9, 2020 and expiring September 9, 2023 or shall pay over, make good and reimburse to the Obligee losses sustained by reason of failure or default of said Principal to do so, then this obligation shall be null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, this bond may be extended at the sole option of the Surety by continuation certificate executed by the Surety and the Principal. Neither non -renewal by Surety, nor failure, nor inability of the Principal to file a replacement bond shall constitute a loss to the Obligee recoverable under this bond. Regardless of the number of times this bond is extended, the liability of the Surety shall not be cumulative in amounts and shall in no event exceed the amount set forth above, or as amended by rider. PROVIDED FURTHER, HOWEVER that any suit under this bond shall be commenced no later than one (1) year from the expiry date noted above. If this limitation is prohibited by any applicable law, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law, and said period of limitation shall be deemed to have accrued and shall commence on the expiry date noted above. Signed and dated this 11th day of September , 20 20 Panorama Estates, LLC, 9075 WCR 10, Fort Lupton, CO 80621 North y erican Specialty Insurance Company By: Name/Title: tvk` b a� Principal B Huggins 414 , Attorney -in -Fact SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City, Missouri, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri does hereby make, constitute and appoint: RUSSELL D. LEAR, K'ANNE E. VOGEL, ROYAL R. LOVELL, KELLY T. URWILLER, STEVEN J. BLOHM, DULCE R. HUGGINS, JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." O`�,filuIIlIurr,I,,�` tialllaes% r: ' */SEAL 'z _a= SEAL %s. '" ;m yyt'sZ 1973 4,:; nt= I0.: In i %��' moo •.%y 10:74.:8`.? yy _,�o 4I I II1 0 N �,4, State of Illinois County of Cook ss: On this 4TH day of DECEMBER , 20 18, before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of By Steven P. Anderson, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation By Mike A. Ito, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 4TH day of DECEMBER , 20 is . North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M. KENNY .qtr ,'t'e... Notary Public - State of Illinois MyCo�4/2 21 missbn phcs M. Kenny, Notary Public I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 11th day of September 20 20 Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corporation Cheryl Hoffman From: Sent: To: Cc: Subject: Yes they will. Dulce Huggins Surety Account Manager Huggins, Dulce <DHuggins@FloodPeterson.com> Monday, November 16, 2020 1:16 PM Cheryl Hoffman; 'Chris Zadel' Jazmyn Trujillo Martinez; Esther Gesick; Dawn Anderson RE: Panorama Estates, LLC T: 970.506.3274 DHuggins@FloodPeterson.com - www.floodpeterson.com DOC From: Cheryl Hoffman [mailto:choffman@weldgov.com] Sent: Monday, November 16, 2020 1:07 PM To: Huggins, Dulce <DHuggins@FloodPeterson.com>; 'Chris Zadel' <chrisz@ncconstructors.com> Cc: Jazmyn Trujillo Martinez <jtrujillomartinez@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Dawn Anderson <dranderson@weldgov.com> Subject: RE: Panorama Estates, LLC Thank you so much to both of you. Mrs. Huggins, will someone be at that address to accept certified mail of the bonds? Chris, I'll email your documents. Thanks again! Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com 1 From: Huggins, Dulce <DHuggins@FloodPeterson.com> Sent: Monday, November 16, 2020 1:01 PM To: 'Chris Zadel' <chrisz@ncconstructors.com>; Cheryl Hoffman <choffman@weldgov.com> Cc: Jazmyn Trujillo Martinez <itruiillomartinez@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Dawn Anderson <dranderson@weldgov.com> Subject: RE: Panorama Estates, LLC Cheryl, You can return the bonds to my attention at the address listed below: Mrs. Dulce Huggins Flood and Peterson 4821 Wheaton Drive Fort Collins, CO 80525 Thank you, Dulce Huggins Surety Account Manager T: 970.506.3274 DHuggins@FloodPeterson.com - www.floodpeterson.com MOM From: Chris Zadel [mailto:chrisz@ncconstructors.com] Sent: Monday, November 16, 2020 12:50 PM To: Cheryl Hoffman <choffman@weldgov.com> Cc: Jazmyn Trujillo Martinez<jtruiillomartinez@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>; Huggins, Dulce <DHuggins@FloodPeterson.com> Subject: RE: Panorama Estates, LLC Hi Cheryl, Sorry so late, I was on a project this morning. Dulce — will you please answer Cheryl question below. E-mail copies would be fine. Please e-mail them to me. If originals are mailed, please mail them to: 9075 CR 10, Fort Lupton, CO 80621. Thanks —Chris 2 NORTHERN COLORADO CONSTRUCTORS, INC, Chris Zadel, Project manger 9075 WCR 10, Fort Lupton, CO 80621 P: 303.857.1754 I F: 303.857.2933 I C: 970.539.8328 Help conserve our natural resources. Do you really need to print this em al . From: Cheryl Hoffman <choffman@weldgov.com> Sent: Thursday, November 12, 2020 8:33 AM To: Chris Zadel <chrisz@ncconstructors.com> Cc: Jazmyn Trujillo Martinez <jtrujillomartinez@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Dawn Anderson <dranderson@weldgov.com> Subject: Panorama Estates, LLC Good morning, Chris. I have the signed Board of Weld County Commissioner's Resolution authorizing the release of the Subdivision Bond #2269316 in the amount of $539,178.50 to North American Specialty Insurance Company. I see that the warranty bond was signed by Dulce R. Huggins. Could you please supply me a good address for North American Specialty Insurance Company so I can return that bond to them and if there is another name besides Mr. Huggins, please indicate that name so I can make sure it reaches the right person. When we return the bond to the insurance company, we will also be sending you copies of all associated documents. Usually we send those documents certified mail. Is someone going to be present at your 36509 CR 41, Eaton address to accept certified mail, or would you rather I send you all documents by email? Please let me know. Thanks so much! Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com 3 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular Agenda REQUEST RE: BOCC Agenda Item — Full Release of Project Collateral and Acceptance of Warranty Collateral For: Panorama Estates — PUDF 18-0002 DEPARTMENT: Public Works DATE: September 25, 2020 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the issue: The Department of Public Works received a request from Panorama Estates, requesting that the Board of County Commissioners release the currently held project collateral for Panorama Estates in the amount of $539,178.50. Warranty collateral in the amount of $80,876.78 is required to be held for the duration of the warranty period. Panorama Estates has provided the warranty collateral procured in the form of Bond No. 2269316M provided by North American Specialty Insurance Company, a copy of which is hereto attached. Weld County Public Works and Planning Department, 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 #2018-2366, have been completed and are tound to be acceptable. Bob Choate/Assistant County Attorney has reviewed the Improvements Agreement and Collateral requirements and recommends this full release of project collateral and acceptance of warranty collateral. What options exist for the Board? 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Weld County Collateral List: Panorama Estates, LLC (PL2289, 2018-2366) PUDZ18-0002 Improvements & Road Maintenance Agreement Subdivision Bond #2269316 North American Specialty Insurance Company No Expiration Date $539,178.50 Recommendation: The Departments of Public Works, Planning Services and the County Attorney's Office are recommending approval of the full release of project collateral and acceptance of warranty collateral for Panorama Estates — PUDF18-0002, and that this item be placed in the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro-Tem Kevin D. Ross Pm Schedule as Regular Agenda BOCC Item Other/Comments: 2020-3158 1©tat PL. 22,9 1 111 MAINTENANCE BOND BOND NO. 2269316M Swiss Re (,:")rpoiat,o ltvD1i I?OC� Ai.tin +tr,<ri S IHt nU K IUSds City, P'lc L i i KNOW ALL MEN BY THESE PRESENTS That we, Panorama Estates, LLC, 9075 WCR 10, Fort Lupton, CO 80621 , as Principal, and North American Specialty Insurance Company , as Surety, are held and firmly bound unto Board of County Commissioners, County of Wed, State of Colorado , as o tigeaTin the sum of Eighty Thousand Eight Hundred Seventy -Six and 78/100th Dollars ($ 80,876.78 ). for the payment of which sum well and truly to be made, we, the said Principal and the sad Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a contract with Obligee dated May 3, 2018 for. Panorama Estates and the Principal is required to guarantee the work under said contract against defects in materials or workmanship. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, if Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense defects in materials or workmanship in the said work which may develop during the period of time beginning September 9, 2020 and expiring September 9, 2023 or shall pay over, make good and reimburse to the Obligee losses sustained by reason of failure or default of said Principal to do so, then this obligation shall be null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, this bond may be extended at the sole option of the Surety by continuation certificate executed by the Surety and the Principal. Neither non -renewal by Surety, nor failure, nor inability of the Principal to file a replacement bond shall constitute a loss to the Obligee recoverable under this bond. Regardless of the number of times this bond is extended, the liability of the Surety shall not be cumulative in amounts and shall in no event exceed the amount set forth above, or as amended by rider. PROVIDED FURTHER, HOWEVER that any suit under this bond shall be commenced no later than one (1) year from the expiry date noted above. If this limitation is prohibited by any applicable law, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law, and said period of limitation shall be deemed to have accrued and shall commence on the expiry date noted above. Signed and dated this 11th day of September , 20 20 Panorama Estates, LLC, 9075 WCR 10, Fort Lupton, Co 80621 North erican Specialty Insurance Company By Name/Title: vob a,f Principal 3 By Huggins , Attorney -in -Fact State of Illinois County of Cook SS. SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL NI[N BY fI ll:St PRESENTS, I I IA I North American Specialty Insurance Company, a corporation duly organized not existing under laws of the State of New I lampshire. and having its principal office in the City of KaitSas ('nti. Missouri and Washington Internal 11)fla I Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City, Missouri, and Westport Insurance Corporation, organized under the laws otrthe State ol'Missouri, and having its principal office in the City of Kansas City. Missouri does hereby make, constitute and appoint: RUSSEt'l -f) Lt';AR, K':RNNtr E, V(JC;1}tTROYAL..'R I:fyVE1:t.; Ktttt'Y"I tJRWttL R, STEVEN J. BLOHM DULCE R. HUGGINS, JOINTLY OR SEVERALLY _ Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as arc or may he required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 201 1 , "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company: and it is FURTHER RESOLVED, that the signature of such officers and the seal of'the Company may be affixed in any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall he binding upon the Company when so affixed and in the future with regard to any hood, undertaking or contract of surety to which it is attached." , ,$utunrury,,, �Cl' p�!pG�� a =1; SEAL :c11 tuts. 973 4,40 rE ry1nNlalttlttNtt Stesei it tndame. senmill rreeltresTctirst 0RVrrshlnalai i tot nattnnat Insurance Company & Senior Vice President or North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation Its __ ,r a Mike ,. ha, Smear Vire Prnlslrnt ofwashtngtun International Insurance Company & Senior Vice President of North American Specialty insurance Company & Senior Vice President or Wruport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to he signed by their authorized officers this this 4TH day of DECEMBER , 20 is North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation On this 4TH day of DECEMBER , 20 18, before me, a Notary Public personally appeared Steven P. Anderson . Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to one, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL Y. KENNY Notary Adakr. • M ak. ul Illhur, My (pntniasn, f,pvc' I 7/0412011 M. Kenny, Notary Public I, Jeffrey (ioldt�erg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have sat my hand and affixed the seals of the Companies this 1 1th day of September 20 20 Vi[(, c Internaltbroparty &. 55 tr Antcr! n . Spec dp, _ c, i..n'_ & ' , ,i. i-1 Scwelatr >i w c,:port tnsuran,, Jazmyn Trujillo Martinez From: Sent: To: Subject: Jazmyn and Dawn, Trace Anderson Wednesday, September 9, 2020 2:17 PM Jazmyn Trujillo Martinez; Dawn Anderson Panorama Estates, PUDF18-0002 Release to Warranty All punch list items for Panorama Estates have been completed. I have received as-builts verifying the detention pond volume and discussed them with Mike. The release request can be found in the IA folder on the U drive under PUDF18- 0002. If there are any concerns please let me know, otherwise please begin the process to release to warranty. Thank you, Trace Anderson Development Review Inspection Public Works 1111 H Street Greeley, CO 80634 tanderson (a7 weldq ov. com tonderson@co.weld.co.us Mobile: 970.397.4515 Office: 970.400.3714 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 To: Chris Gathman <ci;athmant weldeov.com> Subject: Panorama Estates PUD ICaution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Chris, Hope you're doing well. I hope you can help me with this. I was curious when the attached bond can be released for Panorama Estates PUD? I've attached a copy of our Subdivision Bond for Panorama Estates PUD for your reference. Thanks — Chris SINNIII �r �Il1i1t1� �Itt�ltlw �l�lr NORTHERN COLORADO CONSTRUCTORS, INC. Chris Zadel, Proj+ct M.sn. *r 9075 WCR 10, Fort Lipton, CO 80621 P: 303.857,1754 IF; 303.857.2933 I C; 970,539.8328 Help conserve our natural resources Do you really need to print this bP emat 2 T Jazmyn Trujillo Martinez From: Sent: To: Subject: Jazmyn, Bob Choate Friday, September 25, 2020 10:33 AM Jazmyn Trujillo Martinez RE: Panorama Estates PUD - PUDF18-0002 Release of Collateral Request This one is a little different, and I will accept it, but it will require some follow up from PW, so you all can decide whether to accept it. The warranty runs for two years, and this bond expires in three years. Usually I don't like an express expiry date, because we can't call on it after that, but given we will have an extra year to call on it, I'm fine with it. It also precludes our ability to call on it simply as a result of Panorama's failure to procure a replacement bond if/when needed. This is another thing I would not normally accept, but again, given that we have a year to call on it should Panorama fail to correct the work as needed, I can accept it. This means that PW must be vigilant after the warranty period expires in two years, to ensure all corrective work is done within the following year. It sounds like an easy thing, but sometimes these slip through the cracks. If you accept this bond, I suggest you attach this email and then set a separate follow up reminder for September 2022 to ensure we don't miss it. Thanks, Bob Choate Assistant Weld County Attorney (970) 400-4393 From: Jazmyn Trujillo Martinez <jtrujillomartinez@weldgov.com> Sent: Friday, September 25, 2020 9:42 AM To: Bob Choate <bchoate@weldgov.com> Subject: FW: Panorama Estates PUD - PUDF18-0002 Release of Collateral Request Hi Bob, Attached is the warranty collateral bond we received for Panorama Estates, PUDF18-0002. Please let me know if this bond is acceptable. Best, Jazmyn Trujillo -Martinez Development Review Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 (970)400-3711 1 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chris Zadel <chrisz@ncconstructors.com> Sent: Wednesday, September 23, 2020 11:17 AM To: Jazmyn Trujillo Martinez <jtruiillomartinez@weldgov.com> Subject: RE: Panorama Estates PUD - PUDF18-0002 (Panorama Estates) Release of Collateral Request Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Jazmyn, Please see attached revised bond. I will mail the original today. Thanks — Chris rat& NORTHERN COLORADO CONSTRUCTORS, INC. Chris Zadel. Project manager 9075 WCR 10. Fort Lupton, CO 80621 P: 303.857.1754 IF; 303.857.2933 I C: 970.539.8328 Hip conserve our natural resources Do you ready need to print this e�il From: Jazmyn Trujillo Martinez <itruiillomartinez@weldgov.com> Sent: Wednesday, September 9, 2020 3:36 PM To: Chris Zadel <chriszCcancconstructors.com> Subject: Panorama Estates PUD - PUDF18-0002 (Panorama Estates) Release of Collateral Request Good afternoon, The Public Works Development Review Inspector, Mr. Trace Anderson, has released his approval to proceed with a partial release of collateral from full down to warranty collateral. The warranty collateral is 15% of the initial $539,178.50, which comes to $80,876.78. The warranty collateral will need to be provided in order to release the initial bond. The warranty collateral can be provided through a new surety bond, a letter of credit, or a cash deposit and will be held for two years, after which you are eligible to request a full release of the collateral. Once I receive the warranty collateral, I will be able to proceed with the partial release by presenting it to the Board of County Commissioners for approval, signing and recording the transaction. If you need this expedited, please send me a pdf copy of the bond or letter of credit as soon as possible and I can begin completing part of the workflow ahead of the presentation, which will get it to recording faster. I do need the original for recordation so you may drop it in the mail or bring it in. 2 RESOLUTION RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR PLANNED UNIT DEVELOPMENT, PUDF18-0002 - PANORAMA ESTATES, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on April 11, 2018, the Department of Planning Services approved Final Planned Unit Development, PUDF18-0002, for Panorama Estates, LLC, 36509 CR 41, Eaton, CO 80615, for a Planned Unit Development for 26 Residential Lots with E (Estate) Zone Uses along with 3.79 acres of Open Space and Three (3) Outlots, on the following described real estate, to - wit: Lot B of Recorded Exemption, RECX12-0025; being part of the N1/2 SE1/4 of Section 8, Township 2 North, Range 67 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 Panorama Estates, LLC, with terms and conditions being as stated in said agreement. and WHEREAS, the Board has been presented with a Subdivision Bond from North American Specialty Insurance Company, in the amount of $539,178.50, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Subdivision Bond from North American Specialty Insurance Company, in the amount of $539,178.50, 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 and Road Maintenance 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 Panorama Estates, LLC, be, and hereby is. approved. BE IT FURTHER RESOLVED that Subdivision Bond from North American Specialty Insurance Company, from Panorama Estates, LLC, 36509 CR 41, Eaton, CO 80615, in the amount of $539,178.50, be and hereby is, accepted BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. et. e i G3 4�-Ifl 'tab 2018-2366 PL2289 IMPROVEMENTS AGREEMENT - PANORAMA ESTATES, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of July, A.D., 2017, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST d. Weld County Clerk to the Board BY.'". putt' gte k e Boar APPROVED AS TO.FORM. r ount orney Date of signature: Stare Moreno, Chair arbara Kirkmeyer, Pro-Tem 1 Mike Freeman 2018-2366 PL2289 I /b /43$ BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST RE: BOCC Agenda Item - Approve Improvements Agreement for: Panorama Estates -- PUDF 18-0002 DEPARTMENT: Public Works DATE: 7/9/2018 PERSON REQUESTING: Evan Pinkham Brief description of the issue: The Department of Public Works received a request from the applicant, Tommy Raye, requesting that the Board of County Commissioners consider approving the Improvements Agreement for the residential subdivision (PUDF I 8-0002). Weld County 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. The Department of Public Works received a request from the applicant, Tommy Raye, requesting that the Board of County Commissioners consider accepting on -site collateral in the form of a bond (North American Specialty Insurance Company) in the amount of 5539,178.50, for the above -mentioned Improvements Agreement. What options exist for the Board? 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Recommendation: Option I. 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 for PUDF18-0002 and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kirkmeyer, Pro-Tem Steve Moreno, Chair Approve Schedule as Regular Recommendation BOCC Hearing Item Other/Comments: 9c4- 2018-2366 SUBDIVISION BOND 'NOW ALL MEN BY THESE PRESENTS, that we Bond No, 228g318 0OB0g� E Panorama Estates LIC• 9075 y�/ as Obligee, in the penal sum of S.—Qtl t X-��d._Sfalp nt r` . Fine Hundred Thi and 50/i00th pen __._____� -- e Thousand on N n -_ the United States of -.,______"_""'""-`-_----_ _.d[ed ^, .o...., fi._ .. _ America, for the payment of which wei and (S S3��.� administrators, successors truly to he made, we ourselves, s�heirs, lawful money it f �ssors and assigns, jointly and severally,hind ourselves, our heirs, executors, WHEREAS, firmly by these p1eseuts, Panorama states LLC Las agreed to construct in Panora �' _Panorama rna Estates _ ter. ..._._ ______ the following improvements: as detailed in Exhibit "A° a ~„�� `— the foeen the C detailed in Exh b - na Exhibii g Q_ th -----otY.of o •r• • • n •:n.r Imnr yerrtn a� C as Principal, and North �._ An_ rt-- ALS eci I authorized to do business in the State of ^tn Colorado , as Surety, are held and firmly bound unto NOW, THEREFORE, ' TiiE 'CONDITION � --` have eonstrueteOF THIS OBLIGATION_ Constructed, improvements IS SUCH, that if the; said Principal shall construct, or herein described and reason of its failure the complete shall save the Obligee s said work, then this obligation shall be null and void; otherwise to r remain any loss, cost or damage by Signed, scaled and dated this 3rd day of M�.�_.. to full force and effect. — ---1 2018 !1J9r r It 1 c._ By: 5-36egi0E 2198 XOP Principal SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Overland Park. Kansas, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Overland Park, Kansas, each does hereby make, constitute and appoint: RUSSELL D. LEAR, DARLENE ICRINGS, K'ANNE E. VOGEL, ROYAL R. LOVELL, KELLY T. URWILLER, WESLEY J. BUTORAC, STEVEN J. BLOHM, DULCE R. HUGGINS, and KRISTEN PEREIRO JOIN'T'LY OR SLVLRALLY Its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of FIFTY MILLION (550,000.000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9t of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." By ( t ""-- Steven P. Andenou. Seaga Vko Prodder! of Wetketeglall MtanalaruN p,waece Company & Senior Vice President of North 4nteitTlt Specialty Insurance Company BY Michael A.Itto tnnbc Vitt Prntdeat or m71rfP°n urnwUmtl Insurance Company & swine Vire ?redolent [(North American Specialty Inavance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 03 day of JANUARY 20 IS State of Illinois County of Cook SS: North American Specialty Insurance Company Washington International Insurance Company On this 03 day of JANUARY , 20 18 , before me. a Notary Public personally appeared Steven P. Anderson . Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito t Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL. M. NEMM! I Notary?Wit. - Slate of Olin:ne t My CO, I:Nes M Kenny. Nnlnry Puhlic I, Jeffrey Goldberg . the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies JetfTray : &.:•.err,'✓:�•_ r,s+Ae,:i R assistant Sesetary Wastungta, In,emah,r,a1 i'v2 m-:<.'. ,r�.any a North vnrn an upeoalty Insurance company IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS PANORAMA ESTATES - PUDF18-0002 THIS AGREEMENT is trade this O e day ol. 2018, by and between Panorama Estates, hereinafter referred to as "Property Owner.- authorize i to d a business in the State of Colorado. and the County of Weld, a body corporate and politic of the State of olorado, by and through its Board of County Commissioners, whose address is 1150 "O- Street, Greeley. Colorado 8063 l hereinafter referred to as "County." WITNESSETII: WHEREAS, Property Owner is the owner of the following described property in the County of Weld. Colorado: Lot B of Recorded Exemption RECX12-0025: being part of the N1/2 SE 1'd of Section 8, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado and hereinafter referred to as "the Property," and WHEREAS, Property Owner has received Board of County Commissioner approval of PUDEI8- 0002 for 26 lots on approximately 66.57 acres on the Property, and W'IIEREAS, Property Owner acknowledges that the final approval of PUDF180002 is conditional upon Property Owner's funding and/or construction of the on -site and road maintenance described in this Agreement and depicted in the following incorporated exhibits: Exhibit A — On -Site Improvements Costs of Construction, Exhibit B — On -Site Improvements Construction Schedule, Exhibit C — Construction Plans, wie; �� Exhibit D — Plat Map (recorded simultaneously with this Agreement), and w"' 'D mw WHEREAS. Property Owner acknowledges no building permits will issue for any lot described in •p, PUDF18-0002 until said improvements have been completed and accepted by County, and s w -a WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code Vdli Sec. 2d-3-80, 24-4-70, and 27-8-60, if no construction has begun or no use established within three (3) W.,3_3! years of the date of the approval of the final plan or plat, the Board of County Commissioners may require gip.+ the Property Owner to appear before it and present evidence substantiating that the development has not r c been abandoned, and that the Property Owner has the willingness and ability to continue development, Tiv"."1" PCDFl8-0002 and �- mu amp WHEREAS, the parties agree that the Property Owner shall provide collateral for certain on -site improvements required by this Agreement when the Board of County Commissioners approves this Agreement. Sew 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 1: SITE SPECIFIC PROVISIONS 02o/g— oz3Co4° Page Iof10 A. Off Site Improvements (Not Applicable) B. On -Site Improvements: Property Owner shall be responsible for the construction of all On -Site Impro‘emcnts as shown on the accepted Exhibits. improvements located on the Property shall be considered "On -Site improvements." 1.0 On -Site Improvements Responsibilities. Property Owner is solely responsible for all designated improvements. These responsibilities include but are not limited to the following. as applicable: design, surveys, utility locates, dedication of ROW, if necessary. ROW acquisition. if necessary. ROW and Access Permits and fees, coordination with oil and gas operators and facilities and affected irrigation facilities and utilities, traffic control, and project safety during construction. Property Owner shall at its own expense, plant, install and/or maintain all grass and other landscaping and re -seeding where applicable as shown on the accepted Exhibits. Property Owner shall obey all applicable regulations issued by the Occupational Safety arid Health Administration (OSHA). Colorado Department of Transportation (CDOT), Colorado Department of Public Health and Environment (CDPHE:), and other federal, State, or County regulatory agencies. 2.0 On -Site Grading, Drainage Facilities and Paving. Property Owner shall, at its sole expense, grade and/or pave, if applicable, specified roadways, accesses, easements and parking areas, and install accepted drainage and signage components, adjacent to or within the interior portion of the property in accordance with the directives of the Weld County Department of Public Works and Department of Planning Services, as further described in the accepted Exhibits. Any other on -site improvements shall be completed as indicated on the accepted Construction Plans for this facility. Property Owner/HOA shall be responsible for all maintenance of the on -site improvetnents. Additional infrastructure improvements will he addressed at the time of application for any future amended USR. Some of these improvements may include work extending into State or County ROW in which case a ROW or access permit is required. 3.0 Cost of Construction Exhibit, If applicable, A registered Colorado Engineer or equivalent must sign and stamp the construction cost estimate on 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. 4.0 Construction Schedule Exhibit. Exhibit B provided by the property owner indicates the construction schedule for all on -site improvements, including an anticipated completion date. Property ' Owner shall not commence construction of improvements prior to approval of this Agreement, including c•NN the attached Exhibits, and receipt of the appropriate Grading Permit, Access Permit, and/or ROW Pennit, aw if applicable. Property Owner shall substantially complete all improvements in accordance with Exhibit B m in order to request the warranty period begin. Fri the event that the construction schedule is not current, the k� a Property Owner shall submit a revised construction schedule. ¢3M 5.0 On -site Improvements Collateral. Collateral is accepted and released by the Board of County Commissioners pursuant to the Weld County Code. In order to receive partial or full release of collateral, a; a' n) Property Owner must contact either the Planning Department who conducts inspections for all on -site ■•g:o $!! •► improvements, and/or the Public Works Department who conducts inspections for all off -site smw improvements. It' all improvements are determined to be in accordance with this approved agreement, the 411° Property Owner may submit either new or revised collateral documentation to the Public Works Department. Then Public Works submits the documentation to the Clerk to the Board's office, for the request to be placed on the BOCC agenda. Additional information about collateral is outlined in Part 11.B aSK of this Agreement. S n j0 6.0 As -Built Plans. -.As-built- plans shall be submitted once the Property Owner has completed iii Page 2 or 10 improvements as described in Part ILB, Subsection 3.2.3, of this Agreement. Property Owner shall 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. C. Maintenance Requirements: 1.0 Off -site recurring maintenance, as required by the Board: 1) Application of magnesium chloride 2 times per year on County Road 17 between the site access and County Road 24. PART 2: GENERAL PROVISIONS A. Engineering and Construction Requirements: 1.0 Lnginecrin Services, Property Owner shall furnish to County, at its own expense, all engineering services in connection with the design and construction of the improvements identified on the accepted Construction Plans 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 he limited to: surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 2.0 Construction. Property Owner shall furnish and install, at its own expense. the improvements 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 Board of County Commissioners, 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. 1.1;53: 3.0 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 ',m6) results to the County. If County discovers inconsistencies in the testing results, Property Owner shall eoNN � mmw employ at its expense a third party qualified testing company approved by County. Such third party shall WC^ °o furnish the certified results of all such testing to the County. At all times during said construction, the rnp County shall have the right to test and inspect material and work, or to require testing and inspection of mwv 6-xa'm material and work at Property Owner's expense. Any material or work not conforming to the approved In e, plans and specifications, including but not limited to damages to property adjacent to the construction plan '..,A area shall be repaired, removed or replaced to the satisfaction of the County at the expense of Property o,r w' Owner. Ill0 o mal B. Collateral: am 1.0 General Requirements for Collateral. Property Owner shall provide to County. collateral to INF guarantee all of Property Owner's obligations under this Agreement: (I) Project Collateral is required for 0:3,.. completion of certain on -site and all off -site improvements as applicable, as described in this Agreement; (2) Warranty Collateral is required for all improvements during the two-year warranty period; and (3) Road _ o Maintenance Cnllui�,rul is required to he kept m place Ihr the life of the permitiproject. Collateral tacceptance and release is governed by the Weld County Code. Page 3 of t0 1.1 Project Collateral shall be submitted to guarantee completion of certain on -site and all required off -site improvements identified in the Exhibits. Project Collateral must be submitted in an amount equal to 100' (lithe value of the irnproN.ements, 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 he necessary to pro'ide additional collateral in the event the cost estimate is older than three (3) years. NO WORK SHALL COMMENCE LINTI1. PROJECT COLLATERAL HAS BEEN SUBMITTED .AND ACCEPTED BY THE COUNTY. 1.7 Warranty Collateral shall he 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, County may, in its sole discretion, access Warranty Collateral for the purpose of completing such improvements. 1.3 Road Maintenance Collateral shall be submitted and held by County for the life of the development. Road Maintenance Collateral is 53,600 for developments with paved designated travel routes, and 52,400 for developments with unpaved designated travel routes. The Road Maintenance Collateral may be accessed by County if, following notification to Property Owner of required roadway safety related repairs or maintenance (including dust control), Property Owner fails to perform said repairs within the time allowed in County's notification. If any of this collateral shall be collected by County, Property Owner shall replace the amount, plus interest, within six (6) months. If no Project Collateral is required to be submitted. Road Maintenance Collateral shall be submitted at the time of execution of this Agreement. 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 may be 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. 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 from and 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. Road Maintenance Collateral may be withheld from and at the time of release of Warranty Collateral, or may be submitted separately by Property Owner. 3.3 Request fhr Release of Collateral. Prior to release of collateral by Weld County for the entire project or for a 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: Page 4 of 10 3.2.1 The Property Owner's Engineer or Ins 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 (CDOI) Schedule for minimum materials sampling, testing and inspections found in C DOT Materials Manual. 3.2.3 -As-built- plans shall he submitted at the nine 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 frotn the County Engineer. 3.2.4 The Statements of Substantial Compliance must be accompanied, as applicable, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district, or town for any utilities. 3.2.5 A letter must be submitted from the appropriate Fire Authority, if applicable, indicating the lire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and, if required by the County, state the results of fire flow tests. 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 Commissioners may release said collateral. C. Acceptance of Improvements: 1.0 Acceptance of On -Site Improvements: Upon completion of construction of all required on -site improvements as described in the Construction Plans, Property Owner shall submit to the Weld County Department of Planning a Statement of Substantial Compliance, and shall request inspection of the On -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 County shall direct the Property Owner to correct the deficiencies. If the County determines the improvements were constructed in accordance with the Construction Plans. the County shall approve the improvements and request the Board of County Commissioners authorize release of collateral for On -Site Improvements. 2.0 Inspection. Approval, and Acceptance Process: 2.l Upon completion of construction of all 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 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 County shall direct the Page 5 of 10 Property Owner to correct the 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 authorise 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 Approval. If requested by the Property Owner and agreed by the County. portions of the improvements may be 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 satisthctory to the County, and all terms of this Agreement have been faithfully kept by Property Owner. 2.4 The Board of County Commissioners does not accept any On -Site Improvements for maintenance purposes. On -Site Improvements may only be accepted as dedicated for public use. Maintenance of on -site improvements is the responsibility of the Property Owner or its successor, including the Homeowners' Association. '[he Board of County Commissioners does not represent or ensure the on -site improvements will be constructed and/or available for their intended use(s). The County does not and shall not assume liability for improvements designed and/or constructed by others. D. Access and Right -of -Way Permits: 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 V of Chapter 12 of the Weld County Code. 2.0 Right -of -Way (ROW) Permits. Per Article [V of Chapter 12 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. E. Enforcement and Remedies: 1.0 Violation of Terms 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) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed. County believes in good faith that the Page 6 ot10 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 determines that Property Owner has violated the terms of this Agreement. and has failed to correct said violation, 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 permit, 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 he necessary to access collateral for the purpose of completing improvements as described above. 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 sections 24-3-80, 24-4-70, and 27-8- 60. However, County may still exercise all necessary activities under this Agreement that the County determines necessary to protect the health, safety, and welfare of the residents of Weld County. K. General Provisions: 1.0 Successors and Assigns. 1.1 This Agreement shall be assigned by the Property Owner to the Homeowners' Association (HOA) in accordance with the provisions provided in the Declarations associated with the residential subdivision. However, in all other circumstances, the 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 all cases other than an assignment to the HOA. 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. Page 7 of 10 3.0 Governmental Immunity. 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- l0-101 et seq., as applicable now or hereafter amended. 4.0 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms 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. including subsequent lot purchasers. 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. 5.0 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. 6.0 Choice of Law/Jurisdiction. 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 Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute. 7.0 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. impu �<mto —.a t9to -Air co ▪ F'I - r•UA a. �mm Nam A O ffitr- me 8.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature and description caused by, arising from, or on account of the design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, and notwithstanding section 7.0 above, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the taws and regulations of the State of Colorado governing occupational safety and health. 9.0 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. 10.0 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. Pace 8 of 10 1 1.0 Acknowledgment. County and Property Owner acknowledge that each has read this Agreement, understands it and agrees to he hound 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 subiect matter of this Agreement. 12.0 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. 4419123 07/30/2018 04:38 PM R Fie :$0.00 00 .III IM1r tifiil1��:raifi� I4 Recorder, Weld County, Co LIS Page 9 of 10 PROPERTY OWNER: By: ." O • Name: lO►MrAD. Title: Oa.itat,e LESSEE (IF APPLICABLE): By: Name: Title: STATE OF COLORADO County of Weld Date Date SS. -/8 fh / The foregoing instrument was acknowledged before me this J day of:.JU►1 _ , 2011, by 772)11 „D }61_e W I N 1-.SSralwA4dschiasi seal. NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20074038662 MY COMMISSION EXPIRES OCT.14, 2019 Notary Public WELD COUNTY: �C ATTES ": �J_'zA BOARD OF COUNTY COMMISSIONERS Weld ' out Clerk to the Bard WELD COUNTY. COLORADO BY: Deputy CI ' k to the Bo ,. teve Moreno, Chair • JUL 2 S 'b0$B 4419123 Pages: 10 of 50 07/30/2818 04:36 PM R Carly *sppas,Clark B and Raoo dar..Wa rd County. CO 110 lIFIAIIII MYLUIVInkitillihRlidi'01 WI444 ilk Ell Page 10 of 10 Sidewalk Ditch Improvements Subsurface Drainage Erosion Control vteasures/BMP's I'\lain 1. C+tll;l ra° iI',cr Set. E. - Dust Control (per Sec. E.-7.5.2) Ny r;lnts 'IniinitWS/EU ;Ir Parkin 1rc�. t tri, tiu'I,s Bus fiva,ks Street Lighting , ti'aincs Signage Landscaping, Seeding, Trees, etc. Park Improvements Hurslicup A�::ess+ti4,ity. P' ri.in,' .t IZlils SOB- 1ill tt.. Engineering and Supervision Casts (S) t i ieng. Insirrrriurt. �s bufi plans AnsT rivik en ad iti(in iv prcliininarq Ind liaal t»t. suersv'ssgn ut tttuat runstrtitoun t$ cuntr;rrnrrii 'tOI tI. 1; t tMA I'E.D COST OP IMPROVEMENTS, tNGIN E.ItINU AND SUPERVISION tSI 4419123 Pages: 11 of 50 07/30/2018 04:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII t�.rl�'1QP�i�:h�1� Ilit14��K��ii[ Bill fln�t,st,ttn Ssno.nn S4.nnn to EXHIBIT A - Cost Sheet (OFF -SITE ) - Signature Page The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall he determined solely by Weld County, or its dub, authorized agent Said improvements shall be completed according to the construction schedule set out in F:xhibit R Ry., Applicant Ry \Luangiue Partner . Panorama k.x 4lh,s bate 14 Title Applicant Title 20 I, Date 20 4419123 Pages: f 50 07/30%2018 04:36 PiM RFe2 s $0.00 Carly KOPPiti l!tKOPP?1Clerk and ' 1R��' 6, Ni�,I Phi�rhii Lk NI III Pattorsnia L-..aatr. d Culvert (+r3 as Uned Swale Ditch Improvements Subsurface Dr:.unaae ntrunek A-cce,s (per S ,t. F..7.11) awn C,ontr, ,lles;ur:,,rti111"s oad Collateral (per 7,?e F ct Control (filer !Sec. F.7.5 rr,sy,',tree ‘iunurrre lI ,Bu<es Ati'\1NU SERVR Parkin2 Area, C urh St,rp, Bus ,�treeC Llyhttng �.. Srr,er V3mP9 �f_'1 i1 ye Feicing tirzn, rs?; Park lmprovenienr F ndicap . cces_sihihty. Parking su Raik Septic S`,,stsm4 t+vr n And Soper v,ni�- 11 I G4 S I1;r . t }.. 1•::\I MIMI I (Test,nR, insprr[,nn. Rc- u+.t p anc and work in OJJihnn to pre(imtnary ancT F`ht' 1(l),11l7,l P'. n/.1111 utr Tale. tlti laden. Pdcwer :,fatileS a1CR.?1 o1CR17 I'hnne: 11,01•P',7,17`, S:,s r .rn S.f,5nn flu , •1,1(4 .1., ,i11 q+t S t =,ru.nu S≥-=nn.u❑ 52, .: no WI Oil ,PI Sa,um ttu I utai dt, ,juler „n of :KAUAI cunslruCt on 551u,11 slu 4419123 Pages: 13 of 50 07/30/2018 04:35 PM R Pee:$0.00 Carly Koppea, Clerk and Recorder. Weld County CO 11111 Y.X FI I ii l l' :A ;Cast 400; The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B By By �^s Applicant Managing Partner - Panorama f:etnlee LLC Title Applicant 'Title 4419123 Pages: 14 of 50 07/30/2018 04:38 PM R Fet:S0.00 Carly II IY�f IV1tN��4: erk if 6 Recorder t i� idel I:ticldfl'ildiii' I III Date IJ 20 is Date 20 F! ff 1 R Time.�chcdulr°. (O.1;-.S17f;; IS( ;OFT s tiam,cir tiilMi �.��(._ r�1 I t�4 n: KC., O,4Z P1:.:l1ltil L.'..i.... pa ,nK: t"u4C n. P' 1O1.1 ' 3ei,,„„ I4'wk., 2-1 CF.. I a nprnve .err ;rats tie comptet' 1 w tfne � years born 13t0, of app*ra a- ❑ t the 'inn; pl3 t. Grading `;trzet Grading Street B:,e. C;ravel +:_.r raricrl;r7 Street Pain. Pavement !Marking Curbs, Gutters, and Culverts Sidewalk Sr ,eitwsrer'C)raina ,Retention / Detention Ponds Road Culvert Gras L shed 1)irr_!r rents --- Subsurface Drainage Entrance/Access I rrlsian s ong+jl tfen:;s ri Fire Hydrants Survey, Street Monuments/Boxes Days .5 Da... I Dal jPLANNING SERVICESSS Parking Area, Curls Stairs, Bus ! rusks Street Lighting Strcct Names Signage 'Fencing Requirements Park Improvements Handicap Accessibility, Parking & Rails Septic Systems l _ _ Flnal ,CamQlegnn mDa I t pt r prnte0 I Day 2 Days \Veek 3 Days 4418123 Pages: 15 of 50 07/30/2018 04:38 PM R Fee:$0.00 Carly Koppea, Cleric and Recorder, Weld County, CO IIIII PAM Wr'ikIN .5 Day I Day F:XHIRI I F - I line Schedule- Signature Page Elie County. It its option, and upon the revues: of the Applicant, may grant an extension O1 time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannon he met By C.E4.11-w Applicant htan®.einu Padre, Panorama Elutes, Date tnehruary I..t Applicant Date 20 it It O \New Verson Agreement\Exhibits12013\Exh B Time Schedule-FINAL12013) xisx 4419123 Pages: 16 of 50 07/30/2018 04:38 P11 R Fee:$0.00 $0.00 Carly Koopsss.Cler;god Recorder.. Wild County. CO W iii Ip�dr �kela1i1'i'1'ti tkikiraI1r0V Vail IfYtVB ill PANORAMA ESTATES, LLC Panorama Estates - Final PUD Utility Map, Roadway Plans, Landscape, & Sign Plan LOCATED IN 1/2 OF SOUTH WEST 1/4 SECTION 8, TOWNSHIP 2 NORTH, RANGE 67 WEST, OF THE 6TH PM COUNTY of WELD, STATE of COLORADO JANUARY,2018 (11OINU.!! DEOTLCN NICALrsOll ,. INCCSTtS451014S l nasIW. C rr.,oy C S rt1 MAP ;Q) RenernlNaes 1 Dreding 'Drainer,: Erosion Control Plan 4 Detention Pend Detail. 5 Erasion Control Details 9 IItlINy Plan 7.11 Roadway Plan a Prone. tart? Wales Line Plan L arenas 20.29 Water 1.1690414041 10.11 euneri to spillway Men • Profile. 1. Land.o.po 4 Sten Man I LEDEN0 OR SSISAatit VI I Enginaara i rt111ca:Son 9 4 ii 3 r a 4419123 Pages: 17 of 50 07/30/2018 04:38 PM R Fee:$0.00 Carly Koppes, Clerk and Reoorder, Weld County, CO lIIINMI:7VWNW LI4 hkAi r'l4,11.4I iII III QEMlM4,t{QTMi TARrkWo, _._... mW ..._. a I - 4419123 Pages: 18 of 50 07/30/2018 04:36 PM R Fee:$0.00 Carly Kopp's. Clerk and Recorder. Weld County. CO liii OIRKsi r1iii NV.UI SECTION A -A TYPICAL DITCH SECTION Cm "mna U 1 E 3,. 4419123 Pages: 19 of 50 07/30/2018 04:36 PM R Fss:80.00 Carly Koppes, Clark and Recorder, Wald County, CO "Ill %A?P Qugllrr ossca..,...._oatsa TRASH RACK @WAIL OUTLST STRUMS; OUTAKL QALlrTAON PONQ V$IRQ[NCY SPILLWAY OATAIL !WAND RIPRAP OaTAIL GUM CRFT[ !N[ET PLOW WWI OUTTALL QATEIL I a A a 3 A' 4 ,. 4419123 Pages: 20 of 50 07/30/2018 04:38 PM R F..:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO X1111�r11L'JC�f�y�:E�t�llll4l��'��FrII110110I5IMlfkil'elisi Bill $ cna lQN crr s.. 114T_!J!!!9L MEHIGI! TMGNIHG MAT M.9rR.lstiH CG11CR[R WM VTCgMT P Ifl M Veinal a S 2 5 441Si123 Pages: 21 of '30 07/30/2018 04:35 PM R Fea:$0.00 Carly Koppes, Clerk end Recorder. Weld County, CO iii NryittllivVIP#CYAN' IAN a tiWvh 11111 S a . PL 6 4419123 Pages: 22 of 50 07/30/2018 04:36 PM R Fee:$0.00 Carly Koppaa, Clark and Reoordar, Weld County, CO ii I1FM L'i+c':IWlrVIA IK4w 11.114iiiilvi II III I*4) OR 19 4419123 Pages: 23 of 80 07/30/2018 04:30 PM R Fes:$0.00 Carly Koppas, Clark and Recorder, Wald County, CO III III COUNTY ROAD 1TfUCT1ON i r ►anaram. Estates Lino Tablm Gllq • 1 �■.,`..�. ^` i6/ .. .<. Panorama E.tatoa, LLC 33 TYP,GAL ROAD S!CTICM .. , • T:.. .,..1 IY 11 11 I: Ii :� •:f ,I, :C iii �1 1118 :1≥ 'Iw �. ',r Ai �1 ' ,I1 .. 4419123 Paws: 24 of 30 0Carly 04:38 C1• 8k and Reoorrda , Weld County, CO /III I��.rR�'tl�l F��t 6�C 4 K 5t�� 11�t%�� Y4 1111 14. pi .♦ a .s . w: • a . a ig .. • ' U T blot {Ilpn b ■ Panorama Estataa, LLC f F j i YF } 9 r 4419123 018 04:38 es: PM R 25 of 50 007/ty $0.00 VIII igil:T Nr��'ICNO TAMA f W 1�Rr��ilfi MAIM 111111 t Z 4 a^ _ _ WA - 4MORM�1\Q9lcti _ r g • - _ use new Alignments v 1 i w ♦ y�i4' '..l i 1, - r r :k - is s 1_ {L{; HH a ,ix 4419123 Pages : 50 07/30/2018 04:36 26 PM R Fee:$0.00 Carly III I�K•r�,4TK��'ktld i1�r1�'�LKAN County , Co'Yi�h Bill 11 1 a V a 3 3 4419123 Pays: 27 of 50 07/30/2018 04:38 PM R Fee:$0.00 Carly Koppes, Clark and Reoordar, Wald County, CO 12 ,. 4419123 Pages: 28 of S0 07/30/2018 04:38 PM R Fes:$0.00 Carly Koppel, Clark and Recorder, Weld County, CO VIII.tl��K�L'h�+l�r4i�l�al�'k1�JLi�I��Glrl'�1�Mt 1uY I III A :A 13 ,. 4419123 Pages: 29 of 50 07/30/2018 04:36 PM R Fee:$0.00 Carly Kopp's, Clerk and Recorder, Weld County, CO VIII FM LA irtiirik III!! I '; 3 7 4 .1 U E n 14 441923 of ao 07/30/12018 04:38gP11 R es: 3FFee $O 00 Carly Koodos, Clark and ihroorder, Weld VIII County I r ri glitil:M0i4+R'Etiffillii ,10:M Hit 11111 Y • ✓ J /t f :ltiyennq t R . .y G of Milan t - i t I F L1� 4 I i1 4 -- ... - .. 4419123 Pages: 31 of 50 07/30/2018 04:36 PM R Fee.$0.00 Carly Koppel, Clerk and Recorder Weld County CO PA3 LIA U "III .7 r • 1 a tj iJ• it 16 4419123 Pig..: 32 of 50 07/30/2018 04:36 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII I W. ll'F, iII'fydi'cpRIKAI.+ilit'j1il ffilliVilKaYI 11111 A, W7 3 s 4419123 Palms: 33 of 50 CCarly0Koppei3OClerkk 8 end Recorder, Weld County, CO /III NirdlItilivi ICAIN NAfr1lA1/4 Ilk II III 17 cc� d F • 4419123 Pages: 34 of 50 07/30/2018 04;38 PIS R Fee:$0.00 Carly Koppel, Clark and Recorder, Wald County, CO ligNa64 llitAi4l illiti tYir 11111 18 .. u a 1 4419123 Pawls: 35 of 50 07/30/2018 04:38 PM R Fse:$0.00 Carly Koppes, Clerk and Reoorder, Weld County, CO viiMPlin,+f,Ilillker6 r r we V j I 20 M 4419123 Pages: 36 of 50 07/30/2018 04:38 PM R Fee:$0.00 Carly KOppea, Clerk and Recorder, Weld County, CO III 3" 3 v 3 a I S 21 4419123 Pages: 37 of 50 07/30/2018 04:38 PM R Fee:$0.00 Carly Koppos, Clerk and Raoorder, Wald County, CO %fii i 1 PI. VA it !till 23 4419123 Pages: 39 of 90 Carly Kim's:. Clark and Rsoordier, weld county co 07/30/2018 04:38 PM R Fee:$0.00 lentleikeit N II III 23 ,. 4419123 Pages: 39 of 50 07/30/2018 04:38 PM R Feu $0.00 Carly Kopp's, Clerk and I4'IW Ih'ti«il Yk I II ro� A ; 5 4 p 24 ,. 4419123 Pages: 40 of 30 07/30/2018 04:36 PM R Fee:80.00 Carly Koppes. Clerk and Recorder, Weld County, Co jt4W1i1h1PAIII 4419123 Paw's: 41 of 30 07/30/2018 04:36 PM R Fee:$0.00 Carly Koppea. Clerk and Recorder, Weld County, CO IIIII NFIA t<kaill'rOViR killiIil4illi fig# *f ki t- !t �' a`I 4 IVA 26. 4419123 Ragas: 42 of 30 07/Carly9Koppis,eCle and soord:r, eld County, CO iii i riortlkr�'i cr 'AYr�i AwKtirl'w illiV i II III L ti i 27 4419123 Pages: 43 of 60 07/30!2018 04:36 PM R Fee:$0.00 Carly Kappa:, Clerk and Recorder, Weld County, CO �� l dR4 ' Y91.!hfif` flit U WIL III MAMAGMLAMI IC -142 TOM�A TR[NCN SUCTION p11I tn4M5TiaN. alommaympeosa »� � �-�raLR►�� aITVP*C s i+ 1124 O CCIUIII.QUMTIKQ$ Y[rifTLIN[ WRA/ IQR a{� I atQM M1[ AND iYRNlCi 4419123 Pages: 44 of 50 07/30/2018 04:36 PM R Fee:60.00 Cirly Kappes, Clerk and Recorder, Weld County, CO 111111'1ILIPui. h NIF A 1 L I 'Iiu f4'r'1 Bill TP.AM WIMP QQNQUi.T_f.11QNiNQ. PIM REITMM.. TALI Q1TML 2 a y a 26 Y WILVIRMWl V �. 1 u 1 6 29 4419123 Petits: 0 of 50 07/30/2018 04:38 PM R Fee:$0,00 Carly Koppel. Clerk X1111 �dI� ILI II'�fi�nlP N�til �l��S ��GI� �fi��S Yi /I III cuivxr.t cuLVERT I s 3 1 a 30,. 4419123 Pages: 49 of 50 07/30/2018 04:36 PM R Fee:S0.00 Carly Koppea, Clerk and Recorder, Weld County, CO PAW 1 r iI II rr %\ COL' AT 3 MART! PANORAMA C{RCLA 3 Panammma (Slates, LLC 31 4419123 Pages: 47 of 50 07/30/2038 04:30 Pp R Fee:$0.00 Carly Koppel, ilIK.r4Clarkand Weld lI III CULVI T PASOMILIWit CIRCLE A 1 wa 32 4419123 Pages: 48 of 30 07/30/2018 04:30 PM R Fee:$0.00 Carly Koppes, Clark and I�e�L' ��'E 'ZIVI,IJMh ly��ilLP�AWald � illN"Ill \ PANORAMA CIRA.e 4VGYART7 CULVERTS iLLiWA a 33 4419123 Porn: 49 of 90 07/30/2018 04:38 PM R Fee:$0.00 Carly Koppes, Clark and Raoordsr, Wald County, CO jQ�YMtg.\Maki 1111 PANORAMA ESTATES INTMavl h UN MICR .i 34,. 3 Pages:0 of 50 07/30/2018 04;38 PRM F.. $0.00 Carly Kappa' Clerk and Recordsr, Weld County. CO (V " II I 4233841 09/02/2016 03:11 PM Total Pages 1 Rec Fee $11 00 Carly Koppes - Clerk and Recorder Weld County CO STATEMENT OF AUTHOR' iIOR' 1 Y' 1 This Statement or Authority relates to an entity' named I'atturama Eslatea, .Ll. a S;uloradu hmiltd liabllifv comma and is executed on hehalt of the entity pursuant to the provisions of Section ia-U1-I'2, C R S fhe type of emit), is a, O Corporation O Registered Limited Liability Pannership ❑ Nnnprulit Corporation ❑ Registered Limited Liability Limited Partnership El I totted t Lability Company ❑ Limited Partnership Association ❑ General Partnership O Government or Governmental Subdis Oxon OE Agency O Limned Partnership O Trost ❑ 3 The emit), is formed under the laws of State of Colorado 4 The mailing address for the entity Es 9075 Weld ( iwniti Nd Id, Fort Lupton. (a) ItUh2l 5 the li name GI position tit each person authorized to execute instruments conveying, encumbering ur otherwise affecting title to real prooern on hehall sit the entity is Watcr Supply Lt.(. a Colorado limited liability company, as Monger I he authority otthe foregoing person of w hind the crux) is ❑ not limited O limited as fltill)Vor Other mutters wncernutn the manner to which the entity deals with interests in real property Executed this BUYER: Panorama Estates, Ll.('. a C olor:ulu limited liability coaipau) Bs: Hater Vpipls LL( , a C'olnradn limited liability comports Its: %lemin•r Chris 7.ailel. Hama er Tomlin) tt. R 'e, tlames- sTATtt ittCOLORADO CQt\TY Olt 8'9t11f� _ Date I he t'nrzgomg instrument was ackcaswiedged before me this list dash of 1ugunt, 201 by Chris 7.adet and tummy Co Rate as Moaners of Water Supply ILL' a Colorado liroiled liability cvimpans. %lentber of Panorama bottles. l nlurado limited IlahihO cump:tnt 0, h ess mY heal and L1 ) C atltlnls5 ion espy REBECCA RINGMAN NOTARY PUBLIC STATE Of C(a twrARY r. 6." .Io,,d,i not 6: u,cil .tykes the arse;} i..apahIt o1 boidrog vile !. !COI p,,.pem `t'rc nb,rntc _t .1”2. Innnai,e,i shin Sc prune ,acts :s donee that n., ,rich hmttut , ,, c.,.ts Ti,; ;ucli.r, ^.��I .�1 tnh.$,ni iIlit_, l,-.' [;c. c5rd 'u ohi.,u, the hcnrtii. ,,I lhr i mac tn../.1 td 4miiuni. t'dr No. IIIK927'h Contract Form New Contract Request Entity Information Entity Name* PANORAMA ESTATES LLC Entity ID* O^00039667 Contract Name* PUDF1 8-0002 PANORAMA ESTATES LLC WARRANTY COLLATERAL - IMPROVEMENTS AGREEMENT Contract Status CTB REVIEW ❑ New Entity? D Parent Contract ID 4151 Contract Lead* DRANDERSON Contract Lead Email drandersono.weld.co.us Requires Board Approval YES Department Project # Contract Description * PUDFI 8-0002 PANORAMA ESTATES LLC WARRANTY COLLATERAL S80,876.78 ACCEPT WARRANTY COLLATERAL 580,876.78 - BOND #2269316M PROVIDED BY NORTH AMERICAN SPECIALTY INSURANCE COMPANY RELEASE PROJECT COLLATERAL $539,178.50 (PL2289.. 2018-2366) BOND #2269316 Contract Description 2 Contract Type* AGREEMENT Amount* $80,876.78 Renewable* NO Automatic Renewal Grant Department PUBLIC WORKS Department Email CM- PublicWorks.Tweldgov.com Department Head Email CM-PublicWorks- DeptHeadgweldgov.com County Attorney BOB CHOATE County Attorney Email BCHOATE@CO.WELD.CO.US GATE@ CO. WELD. CO. U S Requested BOCC Agenda Date* 10,12;2020 Due Date 10;'08'2020 Will a work session with ROCC 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 MSA enter MSA Contract ID Note_ the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Review Date * Renewal Date 1Q'05,;2021 Termination Notice Period Committed Delivery Date Expiration Date r 10, 1212021 Contact Information Contact Info Contact Name Purchasing Contact Type Contact Email Contact Phone 1 Contact Phone 2 chasing over Purchasing Approved Date Approval Process Department Head JAY MCDONALD DH Approved Date 10/05/2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10/21,2020 Originator DRANDERSON Finance Approver BARB CONNOLLY Legal Counsel BOB CHOATE Finance Approved Date Legal Counsel Approved Date 1 0,07,2020 10 08r 202© Tyler Ref # AG 102120 Hello