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HomeMy WebLinkAboutBondGurfield Coúlnty Community Development Department TO MaryLynn Stevens, County Attorney's Office FROM: John Plano, Chief Building Official DATE: 0212112023 SUBJECT: Grading/Revegetation Security Bond - ECO Homes Please see attached the original of the reclamation/revegetation bond security for the following project. ECO Homes: Permit No.: Parcel No.: Location/Address: Grading Permit GRAD-7956 217716400028 391 County Road 332, Rifle, CO Please contact me if you need anything further John Plano, CBO Bond Number 8050827 Effective Date: Februarv L3,2023 Locat¡on of Work: 391 CR 332. Rifle. Colorado GRADING GUARANTEE BOND KNOW ALL MEN BY THESE PRESENTS that the undersígned, Kuersten Construction, LLC (the "Principal"), and Amerisure Mutual lnsurance Company, (the "Surety''), are jointly and severally held and firmly bound unto the Garfield Countv Board of Countv Commissioners, (the "County") as Obligee, in the sum of TwenWThousand Dollars ($2OüXt.ü)1, lawfully money of the United States of America, to be paid to the County for the payment whereof the Principal and Surety hold themselves, their heirs, executors, administrators, successors and assigns, jointly and severallç firmly bound by these presents. WHEREAS, the Principal desires to perform surface grading only on private land covered under the Ecodwelling Grading Permit (GRAD-7956) (the "Permit") ¡n the County. WHEREAS, the Principal applied for the Permit, the terms of which are by reference made a part hereof as though fully set forth herein; WHEREAS, Article 13: Financial Guarantee of the Garfield County, Colorado, Land Use and Development Code ("County Code") requires that as a condition of the Permit, a bond be provided to the County; and NOW, THEREFORE, the conditions of this obligation are as follows: FIRST. The Principal shall: (1) faithfully perform all requirements and obligations of the Permit, Article 13 of the County Code, and other applicable law, and satisfo all claims and demands incurred for the same; and (2) fully indemnify and save harmless the County from all costs and damages which the County may incur in making good any default. SECOND. Principalshall protect, defend, indemnify and save harmless the County and its officers, agents, servants and employees, from and against suits, actions, claims, losses, liability or damage of any character, and from and against costs and expenses, including, in part, attorney fees incidental to the defense of such suits, actions, claims, losses, damages or liability on account of injury, disease, sickness, including death, to any person, or damage to property, including, in part the loss of use, resulting wherefrom, based upon or allegedly based upon any act, omission or occurrence of the Pr¡nc¡pal, or his employees, servants, agents, subcontractors or supplíers, or anyone else under the Príncípal's direction and control (regardless of whether or not cause in part by a party indemnified hereunder), and arising out of, occurring in connection with, resulting from, or caused by the performance or failure: of performance of any work called for by the Permit, or from conditions, created by the performance or non-performance of said work. TFllRD. The Principal and Surety shall guarantee that all activities related to the Permit ("Construction Activities") shall remain in good order and repair from all causes arising from defective workmanship and shall make all corrections arising from said causes without further compensation. L F' Principal and Surety guarantee the Construct¡on Act¡v¡ties and areas within the public right-of-way and pr¡vate property affected by such Construction Activities will be returned to the original condition should the property covered by the Permit not be annexed by the City of Rifle, Colorado. This guarantee is provided pursuant to and in compliance with Article 13 of the County Code. The Surety shall be deemed and held, notwithstanding any Permit provision, contract or other agreement to the contrary, to consent without not¡ce to: t. Any extension of time to the Principal in which to perform any Construction Activities, Permit conditions or obligations. 2. Any change in the Permit or other Permit documents. Further, the Surety shall pay to the County all costs and attorney fees necessary to enforce the provisions of the bond provisions contained herein. The Surety's maximum liability under any and all conditions of this Bond is límited to the penal sum amount outlined above. Unless prohibited by law, an action on the bond may be brought by the County or any person entitled to the benefits of th¡s bond any t¡me w¡th¡n one (1) year from the date of final acceptance of the work performed pursuant to the Permit. Upon full compliance with all the obligatíons of Article t3-1O4. Release of Guarantee of the Garfield County Code, and the February 2, 2O23, Letter of Conditions issued by the Garfield County Community Development Department, which are by reference made a part hereof as though fully set forth herein, or upon annexation of the property subject to this Permit in the City of Rifle, Colorado, the County shall release this bond, in writing. The bond shall remain in effect until released in writing by the County. principal and Surety are jointly and severally liable under the provisions hereof and action against either or both may proceed without prior action against the other, and both may be joined in one action' Signed and Sealed this 13th day of Februarv, 2023 KUERSTEN CONSTR LLC AMERISURE MUTUAL INSURANCE COM Ìt Í-fr\ K'Anne E. Vogel, Atto Ò 2 AMERTSURE MUTUAL INSURANCE COMPANY AMERTSURE INSURANCE COMPAITY AMERISURE PARTNERS INSURANCE COMPANY AMERISURE URETY POWER OT'ATTORNEY KNow ALL MEN BY THESE PRESENTS: That Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure partners InsuranceCompany ar€ corporations duly organized under the laws ofthe State ofMichigan (háein collectively the "Companies"¡, and that the Companies do herebymake, constitute and appoint: TIMOTHY J. BLANCHARD, ANDREW P. WALTERS, CHRISTINA L.TOWNSEND, K'ANNE E. VOGEL, ASHLEY K. ANDERSON, NIKKI M. MOSBRUCKE& JENMTER J. WALKE& NICOLE LEE McGUIRE, ROBERT CHARLES TORREZ and TERRI L. REESE It t39 Td lawful Attorney(slin Facl each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge, for and onits behalf and as its act and deed, bonds or others writings obligatory in the nature of a bond on betáf of each of said Companies, as surety, oncontracts or surefyship âs âre or may be required or permitted by law, regulation, contrâct or otherwise, provided that no bond o, *Arrtutinj oiìontractor suretyship executed under this authority shall exceed the amount of oNE HUNDRED MILLION ($ I 00,000,000.00) DOLLARS FIJRTIIER RESOLVED, that any work carried This Power of Attomey is granted and signed by facsimile under and by the authority of the following Resolutions adopted by the Boa¡dsof Directors of Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company at meetings duly calledand heldon February 17,2022. "REsoLvED, that any two of the P¡esident & Chief Executive Officer, the Chief Financial ofücer & Treasu¡er, the Senior Vice p¡esidenl Surety, thevice President surety, or the General courxel & corporate secretary be" and each or any of them hereby is authorized to execute, a power of Attorneyqualifying the attomey-in-fact named ìn the given Power of Attoiney to execute on behalf of the Company bonds, undertakings and all contractsof surety, and that President & Chief Executive officer, chíef Financial officer & Treasurer or Generaltoúnsel & corporate Secretary each or any ofthem hereby is authorized to attest to the execution ofany such Power of Attomey and to attach therein the seal ofthe Company; FITRTHER RESoLVtrD' that the signature of such ofhcers and the seal of the company may be affixed to any such power of Attomey or to any certificaterelating thereto electronically/digitally or by facsimile, and any such Power of Attomey or certificate bearing such electronic/digital or facsirnile signaturesor electronic/digital or facsirnile seal shall be binding upon the cornpany when so áffixed and in the fu-iure with regard to any bond, undertaking orcontract of surety to which it is attached; Byt out by the attomey-in-fact pursuant ,.4/f I / lt--t / to this resolution shall be valid and binding upon the Company.,, Michael A. Ito, Senior Vice President By:Æ*fu Aaron Green,Vice President IN WITNESS WHEREOF, Amerisure Mutual Insurance company, Amerisure Insurance company and Amerisure parfuiers [nsurance company have caused their offrcial seals to be hereunto affixed, and these presents to be signed by their autho¡ized offrcers this I 2h day o f Apnl - 20 22 State oflllinois County ofKane Amerisure Mutual Insurance Company Amerisure fnsurance Company Amerisure Partners Insurance Company IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies ttris J3th day of February on tlris r2h day of April - 20 22tbefore mg a Notary Pùbtic personally appeared Michael A. Ito. of Amerisure Mutual Insurance company, AmerisureInsurance Company and Amerisure Partners Insurance company and- Aaron dreen of Amerisure Mutual lnsurance Company" Amerizure Insurance Companyand Amerisure Parblers Insurance compan¡ personally known tô m", wno u"l.,gty -e duly swom, acknowledged that they signed the above power ofAftomeyas officers ofand acknowledged said inshument to be the voluntary act and deã oftheir respectivã companiesi Lt-.r\ v-r- l,t{c,;ny.îffi" ¡qqp*-- I, Shamon K' AndersorL the duly elected Vice President, General Counsel & Corporate Secretary of Amerisu¡e MutualInsurance Company and Amerisure Partners lnsurance Company, do hereby certiff that the abovó and foregoing is a trueAttorney executed by said Companies, which remains in full force and effeci. Ir SEAL 2000 SEAL 19ô8 SEAL 2000 ÕFFITIALSÉAL M ßEN¡IY ¡¡OTrqAY FUBU0, Sο{lE OF ILL$IOE MY C0MMffißt üFrffiS le,fiÆ{E$ Shannon K. Andenon, Vice Presiden!