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Home My WebLink About20194794.tiffRESOLUTION RE: ACCEPT ASSUMPTION OF LIABILITY RIDER CONCERNING IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS FOR ACCESS PERMIT, AP18-00270, AND AUTHORIZE CHAIR PRO-TEM TO SIGN - CLIFF SIMPSON / HIGHLAND INDUSTRIAL PARK 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, the Property Owner, Cliff Simpson / Highland Industrial Park, 43646 CR 45, Ault, Colorado 80610, is the owner of the following described property in the County of Weld, Colorado, being more particularly described as follows: Located in the SW1/4 of Section 2, Township 7 North, Range 66 West of the 6th P.M., Town of Ault, County of Weld, State of Colorado WHEREAS, the Board has been presented with an Assumption of Liability Rider from Liberty Mutual Surety in the form of Surety Bond No. 464554P, in the amount of $194,324.00, concerning the Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements for Access Permit, AP18-00270, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Cliff Simpson / Highland Industrial Park, and WHEREAS, after review, the Board deems it advisable to accept said Assumption of Liability Rider from Liberty Mutual Surety in the form of Surety Bond No. 464554P, in the amount of $194,324.00, as stated above, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Assumption of Liability Rider from Liberty Mutual Surety in the form of Surety Bond No. 464554P, in the amount of $194,324.00, for the benefit of Cliff Simpson / Highland Industrial Park, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem be, and hereby is, authorized to sign said assumption. C.: Ad Nlem-r4c-re,p) cpc(ec-))101(6)06Q) / a - 3-r9 2019-4794 EG0077 ASSUMPTION OF LIABILITY RIDER FOR IMPROVEMENTS AGREEMENT (AP18-00270) - CLIFF SIMPSON / HIGHLAND INDUSTRIAL PARK PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of November, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddthio �JC1��•Weld County Clerk kttothe Board BY: APPROVED AS TO FOR ,4-Ssf, County Attorney Date of signature: I t /27/1 et EXCUSED Barbara Kirkmeyer, Chair Mike Freeman, Pro-Tem Sean Pj onway James 4 - Steve Moreno 2019-4794 PL2520 Liberty Mutual® July 30, 2019 SURETY 1 oz - #10 - J000000 - 4518 - 9035 COUNTY OF WELD BOARD OF COMMISSIONERS 1150O ST GREELEY CO 80631-9596 I'I'll''l'llllllmliiliiiiiiiilliiiilnlil.,l.illll.illl111nlil Dear Obligee: Liberty Mutual Surety 2200 Renaissance Boulevard, Suite 400 King of Prussia, PA 19406 RECEIVED ' 9 L WELD COUNTY On May 31, 2019 Liberty Mutual Insurance Company ("Liberty") acquired the U.S. surety operations of AmTrust Financial Services which includes Developers Surety & Indemnity Company, CorePointe Insurance Company, Indemnity Company of California and Wesco Insurance Company. Liberty is now liable for the above referenced surety obligation. To memorialize and clarify the liability of Liberty for the referenced obligation, we have enclosed an Assumption of Liability Rider ("Rider"). Depending on the obligation, the surety on the Rider is Liberty or Ohio Casualty Insurance Company ("OCIC"). Liberty is an admitted surety in good standing with a U.S. Treasury Listing of $1,289,139,000. OCIC is an admitted surety in good standing with a U.S. Treasury Listing of $175,415,000. As noted on the Rider, upon the effective date the assuming surety will be the surety as if the new surety originally issued the bond. In recognition of this assumption, we ask that you sign the enclosed Rider and electronically return a copy to: AtntrustRider@LibertyMutuaicom. If you have any questions or concerns regarding this process, please contact: Lucille Raymond (1 1irillp.Raymond@libertymutual.com/ (949) 263-3371) or Christina Thorpe(ihristina.Thorpe@libertynnutual.com/ (610) 832-8431). Thank you for your cooperation. Sincerely, Liberty Mutual Surety Enclosure - Rider ©2019 Liberty Mutual Insurance SL -7601 A 7/19 1 oz - #10 - J000000 - 4518 - 9035 Liberty Mutual® SURETY Attn: County Of Weld Board Of Commissioners — RE: Change Surety Company Principal: Cliff Simpson dba : C&H Excavation Surety Bond Number: 464554P Bond Amount: $194,324 Original Surety: Developers Surety and Indemnity Company (DSI) New Surety: The Ohio Casualty Insurance Company Change Surety Company Assumption of Liability Rider • Effective, 8/26/2019 the original surety on the above referenced surety bond, Developers Surety and Indemnity Company (DSI) is replaced with The Ohio Casualty Insurance Company. • On the effective date, The Ohio Casualty Insurance Company assumes all obligations of the original surety from the date of issuance of the Surety Bond and all obligations of Developers Surety and Indemnity Company (DSI) under the Bond are extinguished. • Obligee's signature on this Rider confirms its consent to this substitution and release of the original surety on the effective date. • All notices, including claims, should be sent to: Liberty Mutual Surety P.O. Box 34526 Seattle, WA 98154 Attention: LMS Claims • With the exception of the substitution of Surety Company pursuant to this Rider, all terms and conditions of the Surety Bond remain in full force and effect. This Assumption of Liability Rider shall not, in any respect, vary, waive, alter or extend the terms, conditions and obligations of the Bond. Signed and dated this 30th day of July, 2019. NEW SURETY: The Ohio Casualty Insurance Company By: Renee Llewellyn, Assistant Secretary OBLIGEE: rir 6 `^'+I Board of Weld County Commissioners Nov 1 S.2019 By: Mike Freeman \ Chair Pro —Tern Name\Title oZ /9_ 479'274 ©2019 Liberty Mutual Insurance SL -7601 B 7/19 1 oz - #10 - J000000 - 4518 - 9036 From M and Y drives — Simpson, Cliff/Highland Industrial Park (PL2520, AP18-00270, #2019-2619) Improvements and Road Maintenance Agreement Approved 07/10/2019 — Contract ID #2776 Contract Performance Bond #464554P — AmTrust Surety $194,324.00 Cheryl Hoffman To: Cc: Subject: Attachments: Good afternoon, Bob. Bob Choate Tisa Juanicorena; Esther Gesick; Cheryl Hoffman Cliff Simpson/Highland Industrial Park - AP18-00270 - Performance Bond Correspondence from Liberty Mutual Surety regarding Cliff Simpson Surety Bond 464554P.pdf; Assumption of Liability Rider - Cliff Simpson AP18-00270.docx; Contract ID 2776 -20192619 -Improvements and Road Maintenance Agreement Approved 07-10-19.pdf; Entry from M and Y drives - Performance Bond 464554P approved 07-10-19.pdf We received correspondence from Liberty Mutual Surety regarding acquisition of AmTrust surety bonds. Liberty now advises they are liable for Cliff Simpson Surety Bond #464554P in the amount of $194,324.00. We have attached the following: 1. Correspondence from Liberty Mutual; 2. Tyler file for 2019-2619 — Improvements and Road Maintenance Agreement approved 07-10-19; 3. Resolution Esther and I drafted pertaining to the acquisition; and, 4. Entry from my M and Y drive showing the summary information on this case. Could you look this over and let us know if you're good with us proceeding with the Resolution and Assumption of Liability Rider which needs to be signed by the Chair? After your review, please let us know. Thanks so much! Cheryl Hoffman Deputy Clerk to the Board Weld County Clerk to the Board Office 1150 O Street Greeley, CO 80631 970.400.4227 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 Hello