HomeMy WebLinkAboutKECHTER FARM PLANNED LAND DIVISION - FILING 2 - Filed DCP-DEV. CONSTRUCTION PERMIT - 2015-11-23City of
Fort Collins
engineering`,
City of Fort Collins, Colorado
DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: 15 -30 Issuance Date: 11/-Z0I l e
Project Name: Kechter Farm Filing 2 - Phases 1 and 2 and Sanitary Sewer only in Phases 3-5
Project Location: West of Ziegler Road and south of Kechter Road, between Fossil Lakes
subdivision and Westchase subdivision
Permittee: Terry Hodge, Toll Bros CO I LLC, (303 50Z 3-1498
City and developer contacts: See attached Exhibit `A' for names and phone numbers of all
contact persons for this project
Fees: Permit Application Fee $ 400.00
Construction Inspection Fee $ 40,858.75
Street Cut Fee (to be paid separately) $ 0.0
Total amount due $ 41,258.75
Development Bond or other approved security:
Amount of security deposited with the City to guarantee the completion of all public
improvements to be constructed as shown on the approved plans for the development.
Phase 1 $ 479,080.25
Form of security deposited with the City: rJ 8 3� 3 5 3
Phase 2 $ 389,550.75
Form of security deposited with the City: I-J, 0 ND
* 5843\3 54
Phase 3 (sewer only) $ 9,300.00 -
Form of security deposited with the City:oN� 5g�-3�3 5 Z,
Phase 4 (sewer only) $ 8,812.00
Form of security deposited with the City: out 5�� �� 3 5
�IJ
Phase 5 sewer only) $ 7,200.00
Form of security deposited with the City:�D N D rJ S� l 3�0
Page 1 of 6
WESTERN SURETY COMPANY
Sioux Falls, South Dakota
DEVELOPMENT BOND Bond Number 58731353
KNOW ALL MEN BY THESE PRESENTS: that we, Toll CO I, LLC, as Principal,
hereinafter referred to as the "Developer" and Western Surety Company, a corporation organized
under the laws of the State of South Dakota, as Surety, hereinafter referred to as "Surety", are
held and firmly bound unto the CITY OF FORT COLLINS, COLORADO, a municipal
corporation, hereinafter referred to as the "City", in the sum of Four Hundred Seventy Nine
Thousand Eighty and 25/100 Dollars ($479,080.25), to be paid to the City, for which payment
well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors
and assigns, firmly by these presents.
WHEREAS, the Developer has submitted to the City for its approval of the following
development project: Kechter Farm Planned Land Division — Filing 2, Phase 1; and
WHEREAS, the City has approved said development project and the Developer and the
City have executed a Development Agreement dated Uc.+ S?, 20i 5 pertaining to the
development project (the "Development Agreement") a copy of which is by reference made a
part hereof; and
WHEREAS, the City Code requires that the Developer post a bond equal to the total cost
to construct the Developer's portion of the public infrastructure (which, upon completion and
acceptance by the City shall become the property of the City), which for the above -described
development project shall be Four Hundred Seventy Nine Thousand Eighty and 25/100 Dollars
($479,080.25), with such Surety to be upon condition that the bond remain in full force and
effect until such time as the City releases such bond, which release shall occur upon (1) issuance
to the Developer of a notice of final acceptance stating that all of the public infrastructure
improvements have been completed in accordance with the approved plans for said development
project and the specifications and standards of the City; and (2) delivery to the City by the
Developer of a bond, cash or other securing deposit in a form acceptable to the City to guarantee
that the Developer shall maintain and repair all of said public infrastructure improvements in
accordance with the City Code.
NOW, THEREFORE, the condition of this obligation is such that if the Developer shall
truly and faithfully perform to the satisfaction of the City its obligations in constructing,
maintaining and repairing the public infrastructure constructed in connection with the aforesaid
development project in accordance with the City Code (including the Land Use Code), and the
Development Agreement, then this obligation shall be void; otherwise to remain in full force and
effect.
DATED this 6 TH day of NOVEMBER, 2015.
DEVELOPER:
Toll CO I, LLC
Printed Name
SURETY: WESTERN SURETY COMPANY
Daniel P. Dungan
Printed Name
By:
Attorney -in -Fact (attach Po o Attorney)
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
William F Simkiss, Richard J Decker, Daniel P Dunigan, Joseph W Kolok Jr, Brian C Block,
James L Hahn, Individually
of Paoli, PA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 1 st day of July, 2015.
,I WESTERN SURETY COMPANY
fos
kk
rr�t
4%A
aul T. Btufiat, Vice Pteside�
State of South Dakota
ss
County of Minnehaha
On this 1st day of July, 2015, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said corporation.
My commission expires
3. EICH ;
February 12, 2021 totiW OMIOOtA �W( lwUtiLIC •
CERTIFICATE
" - &�A
S. Eich, Notary Public
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 6TH day of NOVEMBER 2015
0qE/-6-42;a
WESTERN SURETY COMPANY
L• L. Nelson, Assistant Secretary
Form F4280-7-2012
WEMRNI SURETY COMPANY
Sioux Falls, South Dakota
Statemcnt otNet Admitied Asses and Mabditles
Docember 3 t 2014
"S 8Ts
Ekinds
Stocks
Cash, cash oq-aivsJcr1tS, and ihdrMtrm invest tmfs
Invwmon t incom e due and accrued
Premiums and congidemdoos
-blo fitorn. reinsurers
Fiederil 4i�4 fbroif;zi income taxers recoverable
Net deterred tax, met
Rmelvable front patent, subsidianieS, and afny ia-tts
Other assets
Total Assets
LLWJ—LIlIE-.S AND SU"LUS
Losses
Reinsurance payaW on paid loanes and los*s "Justnient exlices-
Loss adjustmefil expense;
Comingent, and other conunissionsi payable
Ubeamed. premiuiwt
Advance Prcrniurbi
Payable to, pareftt,sw6sidiarics and 4ffiliafts
liabi I iti. es
Total Liabilities
Surplus, Account,
Capital paid up S 4,000.,WO
Gross paid in Od. 4cohAuted stiphks 280 0710837
Unassigned funds. 1,1081.954,277
Surplus as regards, policybo-Nets
ToW. Liabilities and Capital
S IA24,951,414
23.97:5,592
51,536,164
aj67,675
41,696,249
1'2�' 1.508)
7,401,7(1;
261..261,713
17,380,167
3.799
3M,997X5
(15,267312)
64,134,995
6,099,306
259,01 t,945
i,32 1,6 10
107,943
7 21,458
S 630,226,850
.06KOX 114
I, PO;r Lo y, Assistant Vice President of Westem Surety Company heriby certify that the above, is an a=urate
mprescntalion of the financial statoment of the Corn party dated December. 31, 2014, as filed with.. the various
Insurance Departments and is a true and'cor.reet S(atetuent of tho condition of Western Surety Company as of
that date.
Wemm*Surety Company
�tssAtant vice 17 wnt
Subscribed
amd sworn to me this
1.9th day of Matoh 2015,
My
YOLMDA JIM E14EZ
pa
Of FICIAL SEAL l
Notary Public, State of 141irtois
My C*mmissuan Expires
September 24,2017
WESTERN SURETY COMPANY
Sioux Falls, South Dakota
DEVELOPMENT BOND Bond Number 58731354
KNOW ALL MEN BY THESE PRESENTS: that we, Toll CO I, LLC, as Principal,
hereinafter referred to as the "Developer" and Western Surety Company, a corporation organized
under the laws of the State of South Dakota, as Surety, hereinafter referred to as "Surety", are
held and firmly bound unto the CITY OF FORT COLLINS, COLORADO, a municipal
corporation, hereinafter referred to as the "City", in the sum of Three Hundred Eighty Nine
Thousand Five Hundred Fifty and 75/100 Dollars ($389,550.75), to be paid to the City, for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, firmly by these presents.
WHEREAS, the Developer has submitted to the City for its approval of the following
development project: Kechter Farm Planned Land Division — Filing 2, Phase 2; and
WHEREAS, the City has approved said development project and the Developer and the
City have executed a Development Agreement dated ()c7k-20\5 pertaining to the
development project (the "Development Agreement") a copy of which is by reference made a
part hereof; and
WHEREAS, the City Code requires that the Developer post a bond equal to the total cost
to construct the Developer's portion of the public infrastructure (which, upon completion and
acceptance by the City shall become the property of the City), which for the above -described
development project shall be Three Hundred Eighty Nine Thousand Five Hundred Fifty and
75/100 Dollars ($389,550.75), with such Surety to be upon condition that the bond remain in full
force and effect until such time as the City releases such bond, which release shall occur upon (1)
issuance to the Developer of a notice of final acceptance stating that all of the public
infrastructure improvements have been completed in accordance with the approved plans for said
development project and the specifications and standards of the City; and (2) delivery to the City
by the Developer of a bond, cash or other securing deposit in a form acceptable to the City to
guarantee that the Developer shall maintain and repair all of said public infrastructure
improvements in accordance with the City Code.
NOW, THEREFORE, the condition of this obligation is such that if the Developer shall
truly and faithfully perform to the satisfaction of the City its obligations in constructing,
maintaining and repairing the public infrastructure constructed in connection with the aforesaid
development project in accordance with the City Code (including the Land Use Code), and the
Development Agreement, then this obligation shall be void; otherwise to remain in full force and
effect.
DATED this 6 TH day of NOVEMBER, 2015.
DEVELOPER:
Toll CO I, LLC
Ivl�� "�ILiLy
Printed Name
By:
Title:��V�,16/�
SURETY: WESTERN WESTERN SURETY COMPANY
Daniel P. Dungan
Printed N
By:
orney-in-Fact (attac P r of Attorney)
.. Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
William F Simkiss, Richard J Decker, Daniel P Dunigan, Joseph W Kolok Jr, Brian C Block,
James L Hahn, Individually
of Paoli, PA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 1 st day of July, 2015.
WESTERN SURETY COMPANY
aul T. Bruflat, Vice President
State of South Dakota 1 as
County of Minnehaba JI
On this 1st day of July, 2015, before me personally came Paul T. Brtflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said corporation.
My commission expires ��+M S. EICH ,�r�� s
February 12, 2021 WrARY
SOUTH
S. Eich, Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 6TH �y of NOVEMBER 2015
+N"8 WESTERN SURETY COMPANY
0
BEA
a
�Nehson-,.ecretary
Form F4280-7-2012
WESTERN SURETY CGMPANY
Sioux Falls, South Dakota
Statermn,t of Net.Admitled 4sWs and Mabd. ides
Deicernber 31, 2014
B*Bds
slocks
Cash, cash 6quivodcrits, and sh"t-term, iniTstrttmts
income due and accrued
Premiums and cortsiderations
-Amount3'w6vM-b1e fi*M minsurerS
* 't le
Fed" 4.W oroig� income taxes recovmbI
Not deterred tax asset
Receivable froin parent, subsidiaries, and any atts,
Other. assets
Total Assets
ASSETS
AND SURMUS
Losses
Reinsurance payaVk ov paid losses and toss adjustment exptnis"
Loss adju:qn"t expense
Corr tingent. and other cmiunWom payable
Uneamcd per miuiro
Ad.yance preinturnS
Payable toparml, tubsi-diaries and affiliates
0dicr 11AWities
,Total Liabilities
Stirplus'Account:
Capital paid qp
Gross paid* Irk ana C0616buted surphz
Unassigned funds
Sulplus as regards, policyboldevit
Total Liabilifies. and Capital
$ 4,000,060
280,071,837
1-031.954,247
1,924," 1,414
23.975,5872
51,536,164
22�67,675
41,696,249
(11,2-21.508)
7,401,7015
26,i61,713
11,580,107
3.799
1,999,252,964
S 302,947,505
(15,267,712)
64,11.4,995
6,099X6
150,011,345
107,843
7.921,458
S .630,226,8$0
$ 1, M026,114
S 1NV52,964
1, Poer Logy; Assistant Vice President of Wostem Surety Corn pang hereby certify that the above. is 0. 0- wurale
representation of the financi at -Statoment of the Company dated Dectmber. 31, 2014, ws filed with, the various
Insurance Departments and in a true and correct statament of the condition of We -stem Surety Company as of
that date.
WeMm.*Surcty Company
AssihaM VICC Prdi&at
Si,tbsv,ribe'4 and swom to me'thii .. l9th. days of' March r 2015.
. on, oulbres,
01MMMM-010-
I . E YOLANDA JIME14EZ
Of FICIAL SEAL N Ptrbli
Notary Publie- State of Iffincis
My. Commission Expires
Sqpternber 24,2GI7
WESTERN SURETY COMPANY
Sioux Falls, South Dakota
DEVELOPMENT BOND Bond Number 58731352
KNOW ALL MEN BY THESE PRESENTS: that we, Toll CO I, LLC, as Principal,
hereinafter referred to as the "Developer" and Western Surety Company, a corporation organized
under the laws of the State of South Dakota, as Surety, hereinafter referred to as "Surety", are
held and firmly bound unto the CITY OF FORT COLLINS, COLORADO, a municipal
corporation, hereinafter referred to as the "City", in the sum of Nine Thousand Three Hundred
and 00/100 Dollars ($9,300.00), to be paid to the City, for which payment well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors and assigns, firmly
by these presents.
WHEREAS, the Developer has submitted to the City for its approval of the following
development project: Kechter Farm Planned Land Division — Filing 2, Phase 3; and
WHEREAS, the City has approved said development project and the Developer and the
City have executed a Development Agreement dated �2015 pertaining to the
development project (the "Development Agreement") a copy of which is by reference made a
part hereof; and
WHEREAS, the City Code requires that the Developer post a bond equal to the total cost
to construct the Developer's portion of the public infrastructure (which, upon completion and
acceptance by the City shall become the property of the City), which for the above -described
development project shall be Nine Thousand Three Hundred and 00/100 Dollars ($9,300.00),
with such Surety to be upon condition that the bond remain in full force and effect until such
time as the City releases such bond, which release shall occur upon (1) issuance to the Developer
of a notice of final acceptance stating that all of the public infrastructure improvements have
been completed in accordance with the approved plans for said development project and the
specifications and standards of the City; and (2) delivery to the City by the Developer of a bond,
cash or other securing deposit in a form acceptable to the City to guarantee that the Developer
shall maintain and repair all of said public infrastructure improvements in accordance with the
City Code.
NOW, THEREFORE, the condition of this obligation is such that if the Developer shall
truly and faithfully perform to the satisfaction of the City its obligations in constructing,
maintaining and repairing the public infrastructure constructed in connection with the aforesaid
development project in accordance with the City Code (including the Land Use Code), and the
Development Agreement, then this obligation shall be void; otherwise to remain in full force and
effect.
DATED this 6 TH day of NOVEMBER, 2015.
DEVELOPER:
Toll CO I, LLC
Printed Name
By:
Title:�1� [ V l 5/ 0/1 -7'r,
SURETY: WESTERN SURETY COMPANY
Daniel P. Dungan
PrintedName
By:
orney-in-Fact (attach r of Attorney)
PERFORMANCE REQUIREMENTS OF THIS PERMIT:
1. The Permittee shall be responsible to require their Project Engineer to incorporate into all
design drawings and specifications the certification of all materials testing by an Engineer. The
Permittee shall have an Engineer prepare revised design drawings and secure City approval for
all revisions to the Utility Plans and related documents. The Permittee shall have an Engineer
represent, as required by the City in the Development Agreement, that the improvements are
constructed in conformance with the approved Utility Plans and the standards and specifications
of the City. The Permittee shall provide "as -constructed" plans prepared by an Engineer prior to
the City's acceptance of the constructed public improvements. (All references above to the
terms "Project Engineer" and "Engineer" shall mean a Professional Engineer licensed in
Colorado.)
2. All contractors who perform work on this project must be bonded and licensed in
conformance with City requirements.
3. Construction time restrictions: N/A
4. The applicant understands that additional permits may be required for this development
project and the applicant shall secure those permits directly from the issuing departments.
5. This permit, along with a complete set of all approved plans and documents for this project
(utility plans, site plan, landscape plan, development agreement, soils report, pavement design,
traffic study, drainage report, plat easements and any other official documents), shall be kept on
the development site available for use by City staff doing inspections.
6. Permit Expiration (in accordance with Section 29-12 of the Transitional Land Use
Regulations or Section 2.6.3(K) of the Land Use Code, whichever is applicable):
a. If construction has not begun within sixty (60) days from the date of issuance of this
permit, this permit shall expire and the applicant will forfeit the permit fee paid for this
permit, whereupon the applicant must re -apply for a new permit.
b. In addition, this permit shall expire one year from the date of issuance. The applicant
may apply for an extension by reapplication at least two weeks prior to the expiration
date. Such application shall contain information sufficient to justify the granting of the
extension. An extension may be granted for up to six months.
7. Building permits and certificates of occupancy will only be issued when all conditions
contained in the Development Agreement and Sections 3.3.2(C) and (D) of the Land Use Code
or Sections 29-678 and 29-679 of the Transitional Land Use Regulations, whichever is
applicable, are met. If the Development Agreement does not specify times for completion of
public improvements, or if there is no Development Agreement, then the improvement
requirements specified in Section 24-95 of the City Code shall apply, which provides that
construction of all improvements shall be required prior to the time of issuance of the first
building permit.
Page 2 of 6
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
William F Simkiss, Richard J Decker, Daniel P Dunigan, Joseph W Kolok Jr, Brian C Block,
James L Hahn, Individually
of Paoli, PA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 1st day of July, 2015.
oG#,
WESTERN SURETY COMPANY
XPaul T. Bruflat, Vice President
State of South Dakota ss
County of Minnehaha
On this 1st day of July, 2015, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seeal; that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said corporation.
My commission expires I
S. EICH �,;
February 12, 2021 PUSIXSO� (�+
S. Eich, Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney heminabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 6TH �y of NOVEMBER 2015
WESTERN SURETY COMPANY
cy).
a'`AY
L. Nelson, Assistant Secretary
Form F4280-7-2012
It t
WEST�RN SURETY CGMPANY
Sioux Falls, South Dakota
State= nt or Net.Admitltd AsW% and Liabilities
Docember 3 t 2014
:4SSE'TS
Bonds
Stocks
Cash, cash oq*vakms, ind short-term inirestramts
lnk,t,qMcI t income due and accnied
Premiums and cwtsidemflons
-Amounts wdvmb4,e fi*M reinsurers
Fed"! 4.r'W, foreign 'income, taxes recovmble
Net deferred tax asset
Receivable from parent, subsidiz'Rics, and afrThate's.
Other assets
Total Assets
LLO=IES AND MMMS
Los."
Reinsurance payaW on paid. losses and loss adjustin'trit &-XP=$4;'4
Loss adjumtebt expense
Contingent and other-commissiops, Payable
Un"Mcd promiutwq
Adyance prcmiurn.4;
Payable to. parent, subsidiaries 4od affiliates
Maml Liabilities
Sea plus nt,
Capital paid up $ 4,000,000
Gross paid in and eoht6buted turptus 290,071,837
Unassigned funds. I mi.954,241
Surplus as regards policyholdeTs
Towl. Liabilities and Capital
1,824,95 1-414
23,975582
51.536,164
2V67,675
41,6%.249
(11,221,508)
7,401,7W-
:26,261,715
11,380,167
3,799
1,998,252,q64
302,997,505
(I 5.267312)
64,134,995
6,099X6
159,011.,345
5,32 1. t6 10
107,943
7.821,458
S 630,226,850
$ 069416,114
$ 1.990.252,964
1, Peter Lo(�y. Assistant Vice President of Wcotm Surety Coin pan), her-6by certify that the abowe is an KcurMe
reprv:sentation of the financial stat&,mtnt of the Com party dated Dccetnber 31, 20141 wt filed with, the various
Insurance Departments and is a true and'correct statctacnt of the condition of Western Company as of
that date. i .
wevem'surety company
ant int Mice 'Assi tPrAild-ent
Sitbacribcd and sworn to me'this 1.9ib, day of-' March 2015.
X!�ornr�i Ion expi
res
YOLANDAMENEZ
OFFICIAL SEAL
Notary Ptiblic, State of lifirvii
X
My Commission DErpires
September 24, 2017
i
WESTERN SURETY COMPANY
Sioux Falls, South Dakota
DEVELOPMENT BOND Bond Number 58731351
KNOW ALL MEN BY THESE PRESENTS: that we, Toll CO I, LLC, as Principal,
hereinafter referred to as the "Developer" and Western Surety Company, a corporation organized
under the laws of the State of South Dakota, as Surety, hereinafter referred to as "Surety", are
held and firmly bound unto the CITY OF FORT COLLINS, COLORADO, a municipal
corporation, hereinafter referred to as the "City", in the sum of Eight Thousand Eight Hundred
Twelve and 00/100 Dollars ($8,812.00), to be paid to the City, for which payment well and truly
to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns,
firmly by these presents.
WHEREAS, the Developer has submitted to the City for its approval of the following
development project: Kechter Farm Planned Land Division — Filing 2, Phase 4; and
WHEREAS, the City has approved said development project and the Developer and the
City have executed a Development Agreement dated 04,-� 8 , zo 1 S pertaining to the
development project (the "Development Agreement") a copy of which is by reference made a
part hereof; and
WHEREAS, the City Code requires that the Developer post a bond equal to the total cost
to construct the Developer's portion of the public infrastructure (which, upon completion and
acceptance by the City shall become the property of the City), which for the above -described
development project shall be Eight Thousand Eight Hundred Twelve and 00/100 Dollars
($8,812.00), with such Surety to be upon condition that the bond remain in full force and effect
until such time as the City releases such bond, which release shall occur upon (1) issuance to the
Developer of a notice of final acceptance stating that all of the public infrastructure
improvements have been completed in accordance with the approved plans for said development
project and the specifications and standards of the City; and (2) delivery to the City by the
Developer of a bond, cash or other securing deposit in a form acceptable to the City to guarantee
that the Developer shall maintain and repair all of said public infrastructure improvements in
accordance with the City Code.
NOW, THEREFORE, the condition of this obligation is such that if the Developer shall
truly and faithfully perform to the satisfaction of the City its obligations in constructing,
maintaining and repairing the public infrastructure constructed in connection with the aforesaid
development project in accordance with the City Code (including the Land Use Code), and the
Development Agreement, then this obligation shall be void; otherwise to remain in full force and
effect.
DATED this 6 TH day of NOVEMBER, 2015.
DEVELOPER: Toll CO I, LLC
Printed Name
By:
��.
Title: DI V (5/0AJ `f'ft E / 0iA)1
SURETY: WESTERN SURETY COMPANY
Daniel P. Dunigan
Printed Name
By:
ttorney-in- act (attach Pow ttomey)
• Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
William F Simkiss, Richard J Decker, Daniel P Dunigan, Joseph W Kolok Jr, Brian C Block,
James L Hahn, Individually
of Paoli, PA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 1st day of July, 2015.
rye WESTERN SURETY COMPANY
�—
JvP
�'►N.
aul T. Bruflat, Vice President
State of South Dakota ss
County of Minnehaha
On this ist day of July, 2015, before me personally came Paul T. Brufiat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said corporation.
My commission expires + "'""""`""""""""
3. EICH
February 12, 2021 tr fff rMX
tiOt!!H DVII00'fll
1�Mi►MAM.titiMM1tiM�M� �
S. Eich, Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 6TH day of NOVEMBER 2015
WESTERN SURETY COMPANY
sew`
L. Nelson, Assistant Secretary
Form F4280-7-2012
WEMRIN SURBTY CoMPAW
Sioux Falls, South D�akota
Statement of Net Admitted Ants and Mabffities
December 31, 2014
Fonds $ 1,824,�5 1-414
Stocks
5231,53765,5642Ca* ch 6qaiV8JCRtS, and W)6d-term inveomts 9,18
InVd,tttrx it. income due and accrtied
a267,675
Premiums and cortsiderations
41,696.249
A -mounts ready =bk from reinsurers
FM"l aild f ino me taxes recoverable MOP I 7,401,7W
Not deferred tax asset 26,261,711
Rmelvable from PRM.A stlbsidi4nies, and anCatzi, I 1,M0, 167
Other assets
3,799
Total: Asseti
1,998,252,964
LIMLITIES AND D"—Lius
Losses
1 3472,90"
Reinsurance P"W� on paid. losses and los's adjustment "PCnse,%
Loss adjust n*A1 expense (15,261347.712)
64,,995
CQUIvngellt and other commissions payable 6,099,306
Uneamcd pramiutmo
259,011,845
Advance premiums
Payable to. parent, subsidiaries and affil,iates 5,321,610
bthti i abilities 10,7,943
� 7921,458
Mxal Liabilities
S .630,226,850
Surplus Aecotir�.t
Capital paid lip 4,000,000
Gross paid. in "a toht6buted "hLq 280,071,07
Unassigned funds. 1.083,95�4271
S41us as regards policybolde-Ts $ -06&,026,114
Total Liabilities and Capital S 1,1)",252,964
I, Pew Loc'y. Assistant Vice President of WCACM Surety Com pang her-6by cernf}, that the above is an A=Urate
Mpri�scntation of the financlal statement of the Company. dated'December 31, 2014, as fi]e . d with. the , various
Insurance Departments sm,4 is a true and'correet �tatOIutnt Of the Condition of Western Surety Company as of
that date.
West*SUMty- Company
eo-VI-1 /
SV6cribcd and-SwOM W me thii -19th day of-Mgtr�b 2015.
idcnt
b4X
YOLANDA JIM ENEZ
OFFICIAL
L. . . . . . . . Nuafaft"
( ), I W"t SEAL I
Nolary Pobfic, State of 1t1irmjj
My Commission Expires
September 24,2017 J
WESTERN SURETY COMPANY
Sioux Falls, South Dakota.
DEVELOPMENT BOND Bond Number 58731350
KNOW ALL MEN BY THESE PRESENTS: that we, Toll CO I, LLC, as Principal,
hereinafter referred to as the "Developer" and Western Surety Company, a corporation organized
under the laws of the State of South Dakota, as Surety, hereinafter referred to as "Surety", are
held and firmly bound unto the CITY OF FORT COLLINS, COLORADO, a municipal
corporation, hereinafter referred to as the "City", in the sum of Seven Thousand Two Hundred
and 00/100 Dollars ($7,200.00), to be paid to the City, for which payment well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors and assigns, firmly
by these presents.
WHEREAS, the Developer has submitted to the City for its approval of the following
development project: Kechter Farm Planned Land Division — Filing 2, Phase 5; and
WHEREAS, the City has approved said development project and the Developer and the
City have executed a Development Agreement dated c,4 J, Z0 S pertaining to the
development project (the "Development Agreement") a copy of which is by reference made a
part hereof; and
WHEREAS, the City Code requires that the Developer post a bond equal to the total cost
to construct the Developer's portion of the public infrastructure (which, upon completion and
acceptance by the City shall become the property of the City), which for the above -described
development project shall be Seven Thousand Two Hundred and 00/100 Dollars ($7,200.00),
with such Surety to be upon condition that the bond remain in full force and effect until such
time as the City releases such bond, which release shall occur upon (1) issuance to the Developer
of a notice of final acceptance stating that all of the public infrastructure improvements have
been completed in accordance with the approved plans for said development project and the
specifications and standards of the City; and (2) delivery to the City by the Developer of a bond,
cash or other securing deposit in a form acceptable to the City to guarantee that the Developer
shall maintain and repair all of said public infrastructure improvements in accordance with the
City Code.
NOW, THEREFORE, the condition of this obligation is such that if the Developer shall
truly and faithfully perform to the satisfaction of the City its obligations in constructing,
maintaining and repairing the public infrastructure constructed in connection with the aforesaid
development project in accordance with the City Code (including the Land Use Code), and the
Development Agreement, then this obligation shall be void; otherwise to remain in full force and
effect.
DATED this 6 TH day of NOVEMBER, 2015.
DEVELOPER: Toll CO I, LLC
M!StVL Ui
Printed Name
By:
—�!
Title: ��(S/o'&J
SURETY: WESTERN SURETY COMPANY
Daniel P. Dungan
Printed Name
By:
orney-in-Fact (attach owe of Attorney)
r'I
,.
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
William F Simkiss, Richard J Decker, Daniel Is Dunigan, Joseph W Kolok Jr, Brian C Block,
James L Hahn, Individually
of Paoli, PA, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-law printed on the reverse hereof, duly adopted, as indicated, by
the shareholder: of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 1 st day of July, 2015.
InWESTERN SURETY COMPANY
c
os�$
aul T. Bruflat, Vice President
State of South Dakota
ss
County of Minnehaha
On this 1st day of July, 2015, before me personally came Paul T. Brutlat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed
the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges
same to be the act and deed of said corporation.
My commission expires �`•",''"`"~''""""r
S. EICH ;
February 12, 2021 t ;U—ff PUKX'
S. Eich, Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 6TH day of NOVEMBER 2015
WESTERN SURETY COMPANY
0
`tEAbf�i�
AIOIN �
L. Nelson, Assistant Secretary
Form F4280-7-2012
ri
WEMRN SURETY COMPANY
Sioux Falls, South Dakota
Swft=rtt of Net Admitted AsWs and Liabilities
Docernber 31, 2014
1,,924,9,51,414
Stocks
Cash, caWoquivalcrits, and short: terns jn, ei is
23,9755V
Gsaettzrierit incom. e due and accrued
51,536,164
Premiums and corisidtrations
w -Amounts 6v4!xabje reinsurers1.508)
41,696,249
Federitl aid for,,-ip income taxes wovefable
Not deferred tax met
7.401,705.
Receivable from parent, sobsidi 4-des, and ani 4(cs
Other assets
Total Assets
3,799
S 1,999,252,964
AND SURPL1.15
Lass"
1 302,947,505,
Reinsurance pAya4jon paid. Josges and loss adjustrdent cxponfts
(15,267.712)
Loss Adjustment expense
64,134,995
ctingcnt and oth&-cwmissioft S, yab pa 1.0
6,049X6
Ud"mcd promiurmt
259,011.,845
Adyance prerniurni
5,32 1. 10
Payable to, pareni,swbsidipjts and affiliates
t6
107,243
othtr iiabitiues
7.821,458
Total Liabilities
S .630,226,850
Capital poid V S 4,0()0,000
Gross paid in od4ofittibuted swptw 280,071,837
Unassigned funds,
Surplus as regards, PiolicYholde-Ts 0%,026,114
Total Liabilities and Capital,
It Poor Loey; ASsistant'Vim President of Wcs.ttm Surety Com pang her&by certify that tho abov* is an Accurate
mpn�sentaticn of the finand &I -statement of tho Com. par.1y dated December. 31, 20 t 4, 4,% filed with.. the various
Insurance Departments sad is a true and -correct statement cif the 0oirditiou of West`em Surety Company as of
that date.
westem Surety Company
By.
�tiat vice Iderl't
Siibsc,ribcd and sworn to me this 19ih. day of tMargh 2Q 15. Ani 'a, Vice Prel'
L4X iioiyrrn
. - --.- - - - - - - - - - - --1-4-
. L Y0LANDAJWENE
OFFICIAL SEAL
SMA04=2 x- -41 f--fiffiw-;
NotarPubflc, State o, IJr'ij
My 0oinmission Expires
September 24,201;
8. Acceptance by the City of the public improvements shall be after (1) final inspection has
been conducted by the City ; (2) punch list items from the final inspection are completed and
accepted by the City; (3) required certifications from the licensed professional engineer that
improvements are completed to City standards, specifications and approved Utility Plans; and (4)
the `as -constructed' plans have been received and accepted by the City.
9. The warranty on street improvements is for five (5) years from the date of acceptance by the
City of the completed improvements, in accordance with Sections 29-13 and 29-14 of the
Transitional Land Use Regulations and/or Sections 2.2.3(C)(3)(g), 3.3.1(C)(2), and 3.3.2(C) of
the Land Use Code, as applicable.
10. The City Erosion Control Inspector must be notified at least twenty four (24) hours prior to
any planned construction on this project. All required perimeter silt fencing and other
erosion/sediment control best management practices (BMP's) that can be installed prior to
construction must be in place and inspected by the City Erosion Control Inspector before any
land disturbing activity begins.
11. No work (including grading) shall be started in State Highway right-of-way until a permit is
issued by the Colorado Department of Transportation to allow such work to begin.
12. Other conditions:
Permittee's acknowledgment signature:
By signing this permit I acknowledges that I am acting with the knowledge, consent, and authority
of the owners of the property (including all owners having legal or equitable interest in the real
property, as defined in Section 1-2 of the City Code; and including common areas legally connected
to or associated with the property which is the subject of this application) without whose consent and
authority the requested action could not lawfully be accomplished. Pursuant to said authority, I
hereby permit City officials to enter upon the property for purposes of inspection and, if necessary, to
enter upon such property to perform work required of the applicant if the applicant were to fail to
perform the required work. I also acknowledge that I have read this permit document with all its
requirements and conditions, and I agree to all of the terms and conditions so stated in this
permit.
Applicant/Project Manager's Signature; 1? Date: &`�
(
Approval for issuance:
City Engineer Appro Date:lis
(Permit Issuance Date)
Page 3 of 6
EXHIBIT `A'
DEVELOPMENT PROJECT CONTACT PERSONS
Project Name: Kechter Farm Filing 2 - Phases 1 and 2, and sanitary sewer only phases 3-5
Project A.K.A.:
Name, address and numbers
City Staff Contact Persons:
Development Engineer: Sheri Langenberger
281 N. College Avenue, Fort Collins, Co 80524
(970)221-6573
Construction Inspector: Wayne Lenard
281 N. College Avenue, Fort Collins, Co 80524
(970) 221-6605
Cell (970) 222-6812
Current Planner: Ted Shepard
281 N. College Avenue, Fort Collins, Co 80524
(970) 224-6343
Water Utilities Engineer/ Wastewater Engineer:
Terry Farrill
4700 S. College Ave, Fort Collins, Co 80525
(970) 226-3104
Erosion Control Inspector: Jesse Schlam
700 Wood Street, Fort Collins, Co 80521
(970) 218-2932
Natural Resources: Kelly Kimple
281 N. College Avenue, Fort Collins, Co 80524
(970) 416-2401
Traffic Operations: Joe Olson
625 Ninth Street, Fort Collins, Co 80524
(970) 221-6062
Street closures: Syl Mireles
625 Ninth Street, Fort Collins, Co 80524
(970) 221-6815
Forestry: Tim Buchanan
215 N. Mason St., Fort Collins, Co 80524
(970) 221-6361
Page 4of6
Light and Power: Janet McTague
700 Wood Street, Fort Collins, Co 80521
(970) 224-6154
Developer's Contact Persons:
Project Manager: Mark Teplitsky, Toll Bros CO I LLC
10 Inverness Drive East, Englewood, CO 80112
(303) 708-0730
Cell (970) 222-7930
Fax (303) 708-0731
MTeplitsky@tollbrothersinc.com
Developer/ Owner: Toll Bros CO I LLC
10 Inverness Drive East, Englewood, CO 80112
(303) 708-0730
Fax (303) 708-0731
mbaileyau,tollbrothersinc.com
Project Engineer: Tim Halopoff, JR Engineering, LLC
2900 S College Ave, Suite 3D, Fort Collins, CO 80525
(303) 267-6230
Cell (970) 817-1010
Fax (303) 721-9019
thalopof[@jren ing eerin
Architect/Planner: Brent Cooper, Ripley Design, Inc.
401 W Mountain Ave, Suite 100, Fort Collins, CO 80521
(970) 224-5828
Fax (970) 224-1662
Brent. coopergripleydesi gninc. com
General Contractor: Terry Hodge, Toll Bros CO I LLC
10 Inverness Drive East, Englewood, CO 80112
(303) 708-0730
Cell (303) 503-1498
Fax (303) 708-0731
thodize@,tollbrothersinc.com
Page 5 of 6
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