HomeMy WebLinkAbout1.0 ApplicationDate: Mai c h
Applican• Jay S+inecioher and Company
24, 1986
Address
101 Tamarisk Trail Parachute CO 81635
�f Applicant: ?'�.
Special Use: To operate a temporary staging area
Legal Description: Township 65 South, Range 94 West
Requirements:
1. Plans and specifications for proposed use.
2. Letters of approval from utility companies, sewage and water.
Evidence of road access and other information deemed necessary.
3. A vicinity map, drawn to scale, depicting the subject property,
location and use of buildings and structures on adjacent lots.
4. An impact statement on the proposed use where required by Sections
5.03-5.03.12 of the Zoning Regulations.1
5. Notice, including the name of the applicant, description of the
subject lot, a description of the proposed special use and the time
and place for the hearing, shall be given in the newspaper of general
circulation in that portion of the County .at least fifteen (15) days
prior to such hearing time. The applicant shall bear' the cost of
advertising.
6. A copy of Assessor'smap showing property; and a listing of all
adjoining property owners of said property. Notice; containing
information described under paragraph 51 shall be mailed to all owners
of record of these lots, at least 5 days prior to the hearing, by
certified, return receipt mail, and the receipts shall be presented at
the hearing by the applicant.
7. A fee of $500.00 shall be charged for 'each application and shall be
submitted with the application.
8. Attach copy of proof of ownership (deed; title insurance).
This Special Use permit is in compliance with Sections, 5.03 and 9.03 of
Elle Garfield County Zoning Resolution and as per application.
List all adjoining property owners of said property"'
Attach map showing all improvements (present and proposed) and all
pertinent distances and area. Show all improvements on yourproperty and
adjoining property.
The above
information is correct to the'best of my knowledge.
f e;),
lAdicant �
)17 (1 J-6
Date
• •
Attachment A
to
SPECIAL USE PERMIT
APPLICATION
Anvil Points Road, Garfield County, CO
Submitted to:
Garfield County Planning Office
Prepared by
Jay Stinecipher and Company
101 Tamarisk Trail
Parachute, CO 81635
on behalf of
Mr. W.F. Clough
Rifle, CO
Description of Site
This application covers that portion (approximately 10 acres) west of the Anvil
Points Road in SW4 of NW4, Sec. 20, Township 6 South, Range 94 West, Garfield
County, Colorado.
Jay Stinecipher, President
Jay Stinecipher and Company
_u_'p_ria OIL
Date
•
Box 686
Rifle, Colo. 81650
Feb. 15, 1986
Mark Bean
Garfield County Building & Sanitation Dept.
Garfield County -Courthouse
109 8th Street Suite 303
Glenwood Springs, Colo. 81601
Dear Mark,
I hereby authorize: Jay Steincipher to obtain a permit
on my behalf to store the salvaged oil shale plant at Anvil
Points on my land at Anvil Points.
Sincerely,
W.F. Clough
¶ E8 18 1986 _ f
• •
SYNFUELS ENGINEERING & DEVELOPMENT, INC.
March 24, 1986
Mr. Mark Bean, Director
Garfield County Planning Department
109 8th Street
Glenwood Springs, CO 81601
Dear Mr. Bean:
Please find enclosed a Special Use Permit Application for the temporary
staging area located adjacent to the Anvil Points Road in Township 65
South, Range 94 West. This application is forwarded by Jay Stinecipher
and Company for Mr. William Clough (land owner). We have included a
description and time table for the temporary staging area and hope
that all points have been covered.
We would appreciate the opportunity to conduct a public meeting in
Rifle, Colorado, which would address the concerns of the county
residence which are affected by the temporary staging area.
If you have any questions, please contact Mr. Reed Clayson at Synfuels
Engineering and Development, Inc. (SED, 303/285-7826. In his absence,
Dr. Harry McCarthy will attempt to answer any questions concerning
this application.
Enclosed, please also find a check for $500.00 as required for the
Permit Application.
Very truly yours,
SYNFUELS ENGINEERING & DEVELOPMENT, INC.
Harry E. McCart , President
HEM/cgl
101 Tamarisk Trail • Parachute, Colorado 81635 • (303) 285-7826
• •
SPECIAL USE PERMIT
APPLICATION
Anvil Points Road, Garfield County, CO
Submitted to:
Garfield County Planning Office
Prepared by
Jay Stinecipher and Company
101 Tamarisk Trail
Parachute, CO 81635
on behalf of
Mr. W.F. Clough
Rifle, CO
24 March 1986
• •
SECTION 1.0
PURPOSE OF APPLICATION
On behalf of Mr. W.F. Clough, Jay Stinecipher and Company hereby
applies for a special use permit to operate a temporary staging area on
a 10 -acre plot of land adjacent to Anvil Points Road near Rifle,
Colorado. The temporary staging area is on land owned by Mr. Clough,
who has authorized this application by separate letter to the Garfield
County Planning Department.
The staging area is needed to enable site reclamation of the former
Anvil Points Oil Shale Research Facility to go forward in an efficient
and timely manner. The Anvil Points facility has been demolished and
is being reclaimed by a local consortium of small businesses under
contract with the U.S. Department of Energy. The consortium has
entered into a business agreement with Jay Stinecipher and Company to
salvage iron, steel, and related products from the facility, and to
dispose of these products as soon as possible in accordance with good
business practice. The location of the temporary staging area in
relationship to the Anvil Points facility is indicated in Figure 1-1.
For this purpose, Jay Stinecipher and Company has rented land from Mr.
Clough, has moved the salvage material from the Anvil Points facility
to the temporary staging area, and is proceeding to dispose of the
material, primarily to local businesses, farmers and ranchers, and
governmental entities. If granted a special use permit to complete
these operations, Jay Stinecipher and Company estimate that the
proposed activity will be completed by 15 September 1986 (Section 5.0).
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• •
SECTION 2.0
RELATIONSHIP TO ANVIL POINTS PROJECT
2.1 INTRODUCTION
The temporary storage area is needed only in connection with the
salvage and disposal of salveageable material from the Anvil Points Oil
Shale Research Facility. However, the temporary storage area will not
be operated by the consortium of small businesses engaged in work at
the Anvil Points facility, nor is the U.S. Department of Energy (which
has responsibility for the Anvil Points Facility) involved with the
temporary storage area. The Anvil Points facility and its current
demolition and reclamation activities are briefly described herein to
clarify the environmental tradeoffs which make use of the temporary
storage area desirable, and to indicate the nature of the material
which will pass through the temporary staging area.
2.2 ANVIL POINTS DE -COMMISSIONING
The Anvil Points Oil Shale Facility is a 4720 -acre tract located within
the Naval Oil Shale Reserve in Garfield County, Colorado. This
facility was designated by Congress to encourage the use of the
facility in research, development test evaluation, and demonstration
work consistent with 10 U.S.C. 7438 (b). Historically, this site was
used in developing techniques for oil shale mining and processing.
Original development was begun by the Bureau of Mines subsequent to
1944.
The facility was used sporadically for almost 40 years. Its scope is
indicated in Figure 1.1. The last lease on the facility expired in
1982. Because of an absence of private sector interest in sharing
expenses of the facility, it was decided to place the facility in a
standby mode in 1983. However, many parts of the facility had not been
used for several years prior to 1983, and had already begun to
deteriorate.
In 1984, the DOE decided to pursue decommissioning, demolition, and
site reclamation of the industrial and housing portions of the
facility, i.e., an area of slightly more than 50 acres. An audit
performed at that time revealed that:
(1) Most buildings on the site were in conditions ranging from fair to
very poor.
(2) Large amounts of asbestos and contaminated materials existed on
site.
(3) Many of the materials and facilities, if properly treated, might be
useful for a variety of industrial, agricultural, and commercial
applications.
It was clear that demolition of the facility and reclamation of the
site was highly desirable from an environmental standpoint, and that
the work should be completed as soon as technically and economically
feasible. Accordingly, competitive bids were requested, and a contract
was awarded to a consortium of
Mountain Region Corp. of Grand
called for asbestos removal to
reclamation to be completed within
local small businesses headed by
Junction, Colorado. The contract
be completed within six months and
12 months.
2.3 DEMOLITION AND RECLAMATION OF ANVIL POINTS FACILITY
The main elements of work to be performed under the contract were as
follows:
(1) Complete removal and disposal of all friable asbestos located at
the Anvil Points Oil Shale Research Facility. This was done in
accordance with the guidelines and regulations of the Colorado
Department of Health, EPA, OSHA, and Department of Transportation.
(2) Demolish the Anvil Points Facility, with the exception of existing
elements (e.g., the mine, the water treatment facilities, and the spent
shale pile) specifically exempted in the contract, and dispose of the
resulting materials.
(3) With the exception of items listed in the contract, reclaim the
land which comprises the Anvil Points Facility. Reclamation is to
include regrading, topsoil spreading, and revegetation.
The asbestos material was identified, removed, packaged, and shipped to
the EPA -approved Arapahoe Landfill near Denver, Colorado. This work,
performed by a local company using up to 45 local workers, was
completed 2.5 months ahead of the contractual completion date.
Concurrent with asbestos removal, salvage and demolition went forward.
The contractor was required to remove and dispose of all materials at
the facility except as noted above. This included proper disposal of
all biodegradable, toxic, and hazardous material off-site in accordance
with the regulations published by cognizant agencies.
During one high -activity period, approximately 65 employees were on the
site working in several different zones and on two shifts. Almost all
of these employees were hired from the local labor pool.
The disposal of salvageable material began with an open house in
August, 1985, with many local people in attendance. It soon became
apparent that it would be possible to sell more of the facilities and
material than had been expected. This lightened the load on local
disposal facilities and provided for many local buyers a supply of
materials and useable facilties at low prices. The contractor disposed
of other materials through donations and transfer to temporary storage
until they could be sold.
Through these means, demolition was completed almost four weeks ahead
of the contractual completion date, and it was possible to begin
reclamation several months ahead of schedule.
• •
SECTION 3.0
PURPOSE AND SCOPE OF STAGING AREA
The major purpose of the temporary staging area is to facilitate the
reclamation of the Anvil Points Oil Shale Research Facility and to
enable the local small business consortium to fulfill their contractual
obligations with the U.S. Department of Energy. By moving the
remaining salvageable materials from the 50 -acre Anvil Points site to
the temporary staging area, the contractors have been able to take
advantage of the fall and winter moisture for reclamation. This
effectively means that reclamation can be performed one year sooner
than might otherwise be possible, with attendent environmental and
cultural benefits to the area. It also facilitates the salvage and
disposal operations by locating the material in a more accessible, more
easily controlled, and more compact area.
As noted in Section 1.0, the temporary staging area occupies a 10 -acre
rectangular site adjacent to the paved Anvil Points Road. The area
will be devoted exclusively to the disposal of the remaining
salvageable material from the Anvil Points Facility. This means that
only the material already on the site will be moved in. When this
material has been sold, the land will be returned to a grazing area
with no permanent structure on site. Two men will staff the operation
during normal working hours until disposal is complete (expected
timetable included in Section 5.0). Thus, the activity is temporary,
dedicated to a single purpose, and consistent with good business
practice.
• •
SECTION 4.0
ENVIRONMENTAL IMPACT
4.1 SCENIC VALUES
The temporary staging area is located in an isolated region
approximately eight miles west of Rifle, Colorado. The area is at a
somewhat lower elevation than the Anvil Points Oil Shale Research
Facility from which the salvageable materials have been moved. Because
removal of the materials from the Anvil Points Facility is allowing
reclamation of that area to proceed, the overall scenic value of the
immediate area is somewhat improved by use of the temporary facility.
The temporary staging area is visible to: (1) people travelling up
Anvil Points Road (which is now closed just beyond the temporary
staging area, but which is the access road to the Rifle Landfill off
Anvil Points Road, and is travelled infrequently); (2) people
travelling along 1-70 for about an 0.7 mile stretch, but one mile from
the area at its closest point; and (3) people travelling through, or
residing upon, the bench area on the other side of the valley, about 3
to 6 miles away. As can be inferred from Figure 4.1, all of these
potential viewers of the temporary staging area is smaller and less
visible than the previously abandoned and decaying facilities from
which the materials are being taken, but we are concerned with the
visual impact of the temporary staging area nontheless.
We have examined the area from two viewpoints: (a) the possibility of
erecting a temporary berm or berms to obscure the area, and (b) the
possibility of moving or removing the items that are most visible from
vantage points (2) and (3) above, which constitute almost all the
potential viewers except those travelling to the site for business or
on inspection tours and those travelling to and from the landfill.
Method (b) was selected for reasons given below.
Because of the elevated nature of 1-70 and of the bench area opposite
the temporary storage area, berms would be ineffective. Because of the
higher elevation of the opposite bench and the upward slope of the
temporary storage area, it would require a berm approximately 40 feet
high to obscure the material in the temporary storage area. Such a
berm would itself be a major feature of the terrain, and would disrupt
the vegetation of the area for a significant period of time even after
the temporary staging area was abandoned.
The only materials readily visible from the main vantage points are
several large petroleum storage tanks partially dismantled and removed
from the Anvil Points Facility. Accordingly, we have placed the
highest priority on disposing of these tanks. The two largest tanks
have already been removed from the area, and we expect to have all of
the remaining, visible tanks removed within 30 days. When this is
accomplished, we believe tha#!e remaining material will seldom be
noticed from the main vantage points, and that the material will
constitute an insignificant feature of the area.
4.2 AIR QUALITY
• •
The activities at the temporary storage area will have virtually no
measurable impact on air quality. The road to the temporary storage
area is paved, and perhaps four vehicles per day arrive at the
facility. Since most of these trips are of local origin, and because
persons going to the site presumably would go elsewhere to obtain the
desired materials if the temporary storage area did not exist, the
total number of vehicle miles in the valley would likely to be slightly
increased in the absence of the facility.
4.3 WATER QUALITY
There is no foreseeable impact on water quality associated with the
temporary storage area. No streams pass through or near the site. No
excavations or construction are needed. As noted in Section 2.0, the
material temporarily stored at the site has previously had all asbestos
and toxic materials removed, so there appears to be no possibility of
any change in either surface water quality or groundwater quality
associated with the temporary storage area.
4.4 VEGETATION AND WILDLIFE
As noted above, use of the temporary storage area is allowing
revegetation of the Anvil Points site to occur sooner than would
otherwise have been possible. This has the effect of bringing 50 acres
of land into rangeland during the period the 10—acre temporary storage
area will be in use. By enabling the reclamation process to take
advantage of the winter moisture, it also greatly enhances the
probability of success of the Anvil Points reclamation process.
The most frequently observed species in the sagebrush community are
desert cottontail, Brewer's sparrows, starling, mourning dove, and
sagebrush lizard (Anvil Points Oil Shale Facility Mine and Reclamation
Plan, Goodson & Associates, Denver, Colorado, September 30, 1982). As
can be seen from Frigure 4.1, the Anvil Points project is restoring to
rangeland the same types of community as the temporary storage area,
plus some communities that are of equal or higher value for fur—bearing
animals.
No Federal or Colorado threatened or endangered mammal is known to
occur, or likely to occur, at or near the facility (Goodson, 1982).
Two types of threatened or endangered plant species (spineless hedgehog
cactus and Uinta Basin hookless cactus) were considered to have
potential for occurrence somewhere in the area, but Goodson's analysis
indicated that the lease area is not likely to contain either species.
No cacti have been found or would be expected to occur in the immediate
area of the temporary storage area.
Thus, insofar as can be determined, use of the temporary storage area
will have negligible direct impact on vegetation or wildlife, but,
indirectly, will have a positive impact by facilitating reclamation of
the larger Anvil Points site.
0
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8622'
�Bh
Semi — Desert Area
1 Sagebrush Community
Escarpment Area
2 Juniper Woodland
3 Douglas Fir—Blue Spruce Community
4 • Mountain Shrub/Mountain Mahogany
5 Mountain Shrub/Gambel Oak
6 Talus
7 Eroded Land
Plateau Area
8 Aspen Community
9
10
11
12
all IMO la INN
Douglas Fir— Blue Spruce Community
Mountain Shrub
Sagebrush Community
Mountain Grassland
Anvil Point Facility
Lease Boundary
Facility Area
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KS,V,-
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4111.4
Rulison
bib
SCALE 1:24000
0
1 MILE
1000
0
1000
2000
3000
4000
6000
7000 FEET
0
1 KILOMETER
CONTOUR INTERVAL 40 FEET
DATUM IS MEAN SEA LEVEL
Vegetation Assemblages Occurring in the Anvil Points
Oil Shale Facility Lease Area,
(Adapted from, "Radian Corp Final Report, Sept. 198 III)
Figure 4-1
• •
SECTION 5.0
TIMETABLE
Abandonment of the temporary storage area depends upon the rate of
disposal of the material stored there. From the standpoint of the
public and the owner, it is best to dispose of the material for its
highest use. For example, local citizens are purchasing many of the
items intact and putting them to immediate use. From a system
standpoint, this seems preferable to having to cut up the material and
convert it to scrap, or dispose of it in a landfill or other
repository.
On the other hand, we realize the advantages of clearing the site as
soon as practicable. Further, it is advisable to dispose of the more
visible items first, in order to eliminate any potentially
objectionalbe features of the temporary storage area (Section 4.1).
With these considerations in mind, and based upon the rate at which
material from the Anvil Points Facility has been and is being disposed
of, we have developed the following targets:
1. All large petroleum storage tanks (e.g., those with capacities of
1000 barrels or more) removed on or before April 30, 1986.
2. Removal to continue at a steady pace such
presently stored material will have been disposed
3. All material removed and the site abandoned by
that half of all
of by June 15, 1986.
September 15, 1986.
•
JOHN W. SAVAGE, JR.
ATTORNEY AT LAW
• gus/eit
/1/409(1*N /A)/@NitE • P.O. BOX 1926 • RIFLE, COLORADO 81650-1926 • (303) 6251470, 625-1395
May 2, 1986
Mr. Jay Stinecipher
101 Tamarisk Trail
Parachute, CO 81635
Re: Staging Area Special Use
Permit
Dear Mr. Stinecipher:
We do not have any objection to your Special Use Permit
Application.
JWS/emb
AGREEMENT
This agreement covers temporary rental and revegetation of a
parcel of land (approximately 10 acres) adjacent to the Anvil
Points Road in Township 65 South, Range 94 West near Rifle ,-.:
Colorado.
For his part, Mr. W. F. Clough, owner of the property, agrees o,
to rent the land to Jay Stinecipher and Co. at a monthly rate of $IDA�.
For their part, Jay Stinecipher and Co. agree, upon completion
of their operations at the site, to remove all material and scrap
stored there during operations, and to perform revegetation --
operations for the subject parcel of land. These operations will
include re—seeding the land with a mixture of native grasses to
restore the land to rangeland condition.
Any changes to this agreement must be specified in writing and
approved by Mr. W. F. Clough and Jay Stinecipher and Co. Such
changes can be suggested by ei er parti t. the agreement.
Agreed:
Title: , D w_p tel"
Date:
5e t' L M
„,441_4;?,/VF
W. F. Clough Jay Stinecipher and Co.
• •
MRC
MOUNTAIN REGION CORP.
174 31 ROAD ° GRAND JUNCTION, CO 81503 ° (303) 434-8219
12 September 1986
Mark L. Bean, Planning Director
Garfield County Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
Dear Mark;
SUBJECT: Bond Supplied in Conformity to Resolution No. 86-50,
Special Use Permit for Temporary Staging Area on the
Property Off Anvil Points Road as Described in the
Resolution
On behalf of the parties to the aforesaid resolution, Mountain
Region Corp. hereby submits the enclosed Performance Bond No.
TPI 497297 in the amount of $7,500.00. We are acting in this
instance on behalf of Jay Stinecipher and Co. and the property
owner. As principal for the bond, we will be in charge of the
reclamation for which the bond is issued. Please contact me
or Mr. Reed Clayson (telephone 285-7826) if there is any
question concerning this submittal.
We appreciate your cooperation and assistance in this matter.
We look forward to a successful completion of the Anvil Points work.
Most sincerely,
Sandra R. DuCray
President
Transamerica
Services •
Iran rice Premier Insurance Companym
iltltni Office: IrV,, ', Callfomia
Performance Bond
Bond No. TPI 497297
Approved by The American Institute of Architects
A.I.A. Document No. A-311 (February 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS: that Mountain Region Corporation
174 31 Road
(Here insert full name and address or legal title of Contractor)
Grand Junction, CO 81503
As Principal, hereinafter called Contractor, and Transamerica Premier Insurance Company, a California Corporation,
as Surety, hereinafter called Surety, are held and firmly bound unto Garfield County Planning Office
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, in the amount of Seven Thousand, Five Hundred
and No/100
Dollars ($ 7,500.00
),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated Apri 1 17, 19 86, entered into a contract with Owner for
Special Use Permit
in accordance with drawings and specifications as prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
B 30026 10-85
••
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithful-
ly perform said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or ex-
tension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner
to be in default under the Contract, the Owner having
performed Owner's obligations thereunder, the Surety
may promptly remedy the default, or shall promptly
1) Complete the Contract in accordance with its terms
and conditions, or
2) Obtain a bid or bids for completing the Contract in
accordance with its terms and conditions, and upon
determination by Surety of the lowest responsible bid-
der, or, if the Owner elects, upon determination by the
Owner and the Surety jointly of the lowest responsible
bidder, arrange for a contract between such bidder and
Owner, and make available as Work progresses (even
though there should be a default or a succession of
defaults under the contract or contracts of completion
arranged under this paragraph) sufficient funds to pay
Signed and Sealed this 2nd
WITNESS
WITNESS
the cost of completion less the balance of the contract
price, but not exceeding, including other costs and
damages for which the Surety may be liable hereunder,
the amount set forth in the first paragraph hereof. The
term "balance of the contract price;' as used in this
paragraph, shall mean the total amount payable by
Owner to Contractor under the Contract and any amend-
ments thereto, less the amount properly paid by Owner
to Contractor.
Any suit under this bond must be instituted before the
expiration of two (2) years from the date on which final
payment under the Contract falls due.
No right of action shall accrue on this bond to or for the
use of any person or corporation other than the Owner
named herein or the heirs, executors, administrators or
successors of the Owner.
day of September , 19 86
Mountain Region Corporation
{
i
PRINCIPAL SEAL
/7 -1
l-.- <
TITLE
Charles C. DuCray
Transamerica Premier Insurance Company
SEAL
By.
SURETY SEAL
ATTORNEY-IN-FACT Thomas Sauer
1111 zransamerica •
Insurance Services
i rat1/
,rica Premier Insurance Company
Adnunis office. Irvine. Calilunna
Labor and Material Payment t3ond
Bond no TPT 497797
Approved by The American Institute of Architects
A.I.A, Document No. A-311 (February 1970 Edition)
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that Mountain RegionCorporation (Here insert full name an s lContractor)
174 31 Road
Grand Junction, CO 81503
as Principal, hereinafter called Principal, and Transamerica Premier Insurance Company, a California Corporation, as
Surety, hereinafter called Surety, are held and firmly bound unto Garfield County Planning Office
(Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Seven
Thousand, Five Hundred and No/100 Dollars($ 7,500.00
(Here Insert a sum equal to at least one-half of the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated
Special Use Permit
April 17,
19 8 6 , entered into a contract with Owner for
in accordance with drawings and specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
B 30027
8-84
NOW, THEREFORE, THE COND OF THIS OBLIGATION is such that, if pal shall promptly make payment to all
claimants as hereinafter defined, fo 1 labor and material used or reasonably require for use in the performance of the Contract,
then this obligation shall be void, otherwise it shall remain in full force and effect, subject, however, to the following conditions:
1. A claimant is defined as one having a direct contract with
the Principal or with a subcontractor of the Principal for labor,
material, or both, used or reasonably required for use in the
performance of the contract, labor and material being con-
strued to include that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental of equipment directly
applicable to the Contract.
2. The above named Principal and Surety hereby jointly and
severally agree with the Owner that every claimant as herein
defined, who has not been paid in full before the expiration
of a period of ninety (90) days after the date on which the
last of such claimant's work or labor was done or performed,
or materials were furnished by such claimant, may sue on
this bond for the use of such claimant, prosecute the suit to
final judgment for such sum or sums as may be justly due
claimant, and have execution th.>reon. The Owner shall not
be liable for the payment of any costs or expenses of any such
suit.
3. No suit or action shall be commenced hereunder by any
claimant:
a) Unless claimant, other than one having a direct contract
with the Principal, shall have given written notice to any two
of the following: The Principal, the Owner, or the Surety
above named, within ninety (90) days after such claimant
did or performed the last of the work or labor, or furnished
the last of the materials for which said claim is made, stating
Signed and sealed this
2nd
(Witness)
(Witness)
with substantial accuracy the amount claimed and the name
of the party to whom the materials were furnished, or for
whom the work or labor was done or performed. Such notice
shall be served by mailing the same by registered mail or
certified mail, postage prepaid, in an envelope addressed to the
Principal, Owner or Surety, at any place where an office is
regularly maintained for the transaction of business, or served
in any manner in which legal process may be served in the
state in which the aforesaid project is located, save that such
service need not be made by a public officer.
b) After the expiration of one (1) year following the date on
which Principal ceased work on said Contract, it being under-
stood, however, that if any limitation embodied in this bond is
prohibited by any law controlling the construction hereof such
limitation shall be deemed to be amended so as to be equal to
the minimum period of limitation permitted by such law.
c) Other than in a state court of competent jurisdiction in and
for the county or other political subdivision of the state in
which the project, or any part thereof, is situated, or in the
United States District Court for the district in which the
project, or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the
extent of any payment or payments made in good faith here-
under, inclusive of the payment by Surety of mechanics'
liens which may be filed of record against said improvement,
whether or not claim for the amount of such lien be pre-
sented under and against this bond.
day of
September 19 86
Mountain Region Corporation
(Principal)
(Seal)
(Ti
(Seal)
Charles C. DuCray
Transamerica Premier Insurance Company
(Surety) (Surety)
Attorney -in -Fact
1110111;15 SiluCr
m Transamerica •
Insurance Services
GPA -rV 4 )50
Power of Attorney valid only if numbered in red.
Isamerica Premier Insurance Company
A unistrative Office Irvine, California
General Power of Attorney
Know All Men by These Presents, That Transamerica Premier Insurance Company, a corporation duly organized and existing under the laws of the
State of California, and having its administrative office in Irvine, Orange County, California, does by these presents make, constitute and
appoint
THOMAS SAUER
of Denver _
and State of Col orado its true
and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver
CONTRACT BONDS (S.B.A.Guarantee Agreement) - MAXIMUM PENALTY $500,000.00
OTHER CONTRACT BONDS - MAXIMUM PENALTY $100,000.00
ALL OTHER BONDS - MAXIMUM PENALTY $10,000.00
THIS POWER OF ATTORNEY SHALL TERMINATE AND BE
OF NO FURTHER EFFECT AFTER DECEMBER 31, 1986"
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said
appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Transamerica Premier Insurance
Company, at a meeting held on the 12th day of June, 1984.
"Be It Resolved, that the President, any Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and
authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the
following provisions:
"Section 1. Attorney -in -Fact. Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute,
acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity, consents of surety and other conditional or
obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments
so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate
Secretary."
In Witness Whereof, Transamerica Premier Insurance Company has caused these presents to be signed by its President
June and its corporate seal to be hereto affixed this___ 21st.
A.D.: 19 85 �M1ER //yr& — —day of
State of California
County of Orange
On this 21��day of
Joan_M. Wap
c
1
r -
INCORPORATED
—*--
JULY 1, 1941
CALIFORV
June
TRANSAMERICA PREMIER INSURANCE COMPANY
By
Jack. M. Trapp
executed the within instrument as President
acknowledaeif soma that the rprnnration nvorntnri t,
OFFICIAL SEAL
JOAN M. WYNN
NOTARY PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
�1 MY COMMISSION EXPIRES SEP. 18, 1987
I, the undersigned Secretary of Transamerica Premier Insurance Company hereby certify that the above and foregoing is a full, true and correct copy of
the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect.
And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the
following resolution adopted by the Board of Directors of the Transamerica Premier Insurance Company at a meeting duly called and held on the 12th
of June, 1984, and that said resolution has not been amended or repealed:
"Resolved, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of Corporation, may be affixed or printed by
facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding
upon this Corporation."
1
a J /X Cmc_._, &.
, in the year ._1985 , before me
, a notary public, personally appeared
, personally known to me to be the person who
, an behalf of the corporation therein named and
Notary Public
GIVEN under my hand and the seal of said Company, this 2nd
19 86
THIS POWER OF ATTORNEY EFFECTIVE ONLY IF
ATTACHED TO BOND NO.TPI 497297
')024
day of __S ep_t em b_e r
Secretary
8-84