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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 oOvOogo00o oO000 OOOOOoo 0000 m0000Oo ooOo In N000000 0 0 0 0 0 0 6 6 w 0 0 CD CD c o HHf9"O H HH w mH H H HH E9 M O M O O O M 0000 ^ H 0 4 N H O_ HHHH 0 a x z m H H?dH H Go 4$ N o 1\ W z J ad LU � m N O o0 vov v$ov vo zq� F Z oomCl) mai HH HHOO o0 000mow)ow HH H��O �mH mH 00 00 HHHHHtllH 00 H6 J C 3 Onwo «aH H ~ w O W V W 0 W W Z W �. m W Z U.000000 z O in a W 0 C 000000 O O O O O O Oo0000co00 o0000000Oo 0000000000 O0o00000 000uil0000 O O D O h I h 0 0 N 00 oO 00 y_t Q 4 d y H H f9 H H H H H N H H H H H H H O� H N M O H O 40'. 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