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Home My WebLink About20123520.tiff RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#1629 - UNITED POWER, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, by Resolution dated July 16, 2008, the Board approved the application of A. Dale Slater Trust B, Attn: Nancy Slater, 13433 County Road 7, Longmont, Colorado 80504, and United Power, Inc., 500 Cooperative Way, P.O. Box 929, Brighton, Colorado 80603, for a Major Facility of a Public Utility or Public Agency (electrical substation) pursuant to the provisions of Section 23-4-420 of the Weld County Code, in the A (Agricultural) Zone District, on the following described real estate, to wit: SE1/4 of Section 28, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on February 9, 2009, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and United Power, Inc., with terms and conditions being as stated in said agreement, for Lot A of Recorded Exemption #4712, according to the map recorded on December 3, 2008, at Reception No 3592891; being a part of the SE1/4 of Section 28, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado, and accepted Subdivision Bond #0489974, from International Fidelity Insurance Company, 1550 17th Street, Suite 600, Denver, Colorado 80202-1657, in the amount of$1,318,875.00, and WHEREAS, staff from the Weld County Departments of Planning Services and Public Works have conducted a visual inspection and recommend release of said collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Subdivision Bond #0489974, from International Fidelity Insurance Company, in the amount of$1,318,875.00 be, and hereby is, canceled and released. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said collateral to the appropriate issuing party. 3897274 Pages: 1 of 2 12/19/2012 10:27 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 17,6 I hGhilltia,'.111J,!MAh@CK 11111 O2; 2012-3520 (-11-13 PL1963 CANCEL COLLATERAL-UNITED POWER, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of December, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 6Q c M 1.j 1;A,Rv Sean P. Co y, Chair Weld County Clerk to the Board i �0��'�► til • .'Garcia, Pro-Tern BY:tali.. as ♦ i _E_�.A Deputy Cler to he Bo-�� gyp, �,�/ i �G� tic__ "`•,419 ara Kirkmeyer j ,�� I David E. Long • County Attorney Dougla• Rademacher Date of signature: l.;-I \ \)C.la 3897274 Pages: 2 of 2 124/leg/2012 10:27 flu R Fee:$0.00 Moreno Clerk and Recorder; Weld County, CO VIII hY�� IthU,rki�4!rhrI�4itosi *I II III 2012-3520 PL1963 ‘1/4fr MEMORANDUM TO: Board of County Commissioners G 0 N'Y DATE: December 6, 2012 FROM: Michelle Martin SUBJECT: USR-1629 Subdivision Bond #0489974 The Department of Planning Services received an email from Adrian Mendoza with United Power dated 11/26/2012 requesting release of the collateral for the Slater Substation USR- 1629. A site inspection was conducted by the Weld County Department of Planning Services on December 4, 2012 and it was determined all the improvements have been completed. The Department of Public Works in their email dated December 5, 2012 is recommending release of the collateral. Background Information BOCC: USR-1629 was approved by the Board of County Commissioners on June 25, 2008 for a Major Facility of Public Utility or Public Agency (Electrical Substation), subject to the provisions of Section 23-4-420 in the A (Agricultural) Zone District. The subdivision bond #0489974 was accepted by the BOCC on July 16, 2008 for the Improvements Agreement is in the amount of one million three hundred eighteen thousand eight hundred seventy five dollars ($1,318,875.00) for on-site improvements. Legal: Lot A of RE-4712 being part of the SE4 of Section 28, T3N, R68W of the 6th P.M., Weld County, CO. Location: South of State Hwy 66 and east of and adjacent to CR 5.5. Parcel No.: 1207 28 400040 2012-3520 Michelle Martin From: Heidi Hansen Sent: Wednesday, December 05, 2012 3:31 PM To: Michelle Martin Cc: Richard Hastings Subject: Slater Substation Michelle, Public Works has inspected the improvements at Slater substation and finds them to be adequate.Any collateral or warranty collateral held for Public Works items may be released. Thank you, Heidi Heidi Hansen, P.E., CFM Engineer III Weld County Public Works 1111 H Street Greeley, CO 80632 970-304-6496 ext. 3745 if S I ri �. Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 C O a) 14- a L > v) `, +' ' oa O O >'' C rv � .E - -0 L L "O O U O 0 C O C cu O N O a C_ - '^ U > r? C a:+ w + 0 U � C Y $. 'C CO a) O u u4-* in 'O C N CI0C C > > — Y 0 .. o C ro w N a -0 � O 'a v a) C 'o) COC a) a°Di E C v o `> E , -o Y a) C O O E O d in ! O co r •— a) Y C O co Y a) co a o a) E O E Y o 0 3 O N = O Cp w j - , as al O C m E C U, ) a2 o v r o o =o -o d m ) U c rroo op o N g N �, 1--.. . U a) C CO. t) ro C 'E .� CO = co m ° > ,i E a > w E_ c c E o C ON ja OCu U o CO o o V O OU o v > O N In Q ] ,, O C > U -O v ro Y ro co ,� o V, act- d Q oo ro c E *- o c m = co , -a Y ( O ma` inm a) co cn c -o ._ E N CD C E 16 co .2 C N > t6 O U '- O co o ¢ O C i0i, U C Y v a) a. .-. m E m 0 v Rs a) 2 7., -0 -.E-1cO a -' u a` v o c CO CV) N (n - 'E N m ' ra C -oL E p O 0` ea L CO0 1- 0 C. 0 O E N i > u a, O C C -O 7 U W CO as a v '— > O o ¢ F2 it ii) Bo in o O w u m'4- E . CT)E Imm v 3 co m s a o c 1--1-Cl 0 Y x F 3 j 0 g c E a 3 � o an •ai -$ O c c o u o Y c o00 '' E ° `° m Z� Ilk 46, Y ` o .C E co w ? O m al 47 0 N ro � b' Z a La Y in o v d - a c = E ro n . a .. I .44c 0 m c Ew my a) Ea+ ¢ .� > t c � � z4-1 �` w am r3 I) a OC aca co 0c a _ c u cN m ox c vo E c d o 0x yy 0 0 m E x a O r o 2L LLV) F V) Q X F+ a VI I- V) 2 V 2 a —. so EIa , u Y a a) U LONGS PEAK WATER DISTRICT • , 9875 Vermillion Road • Longmont,CO 80504 • (303) 776-3847 UNITED POWER,INC P.O.BOX 929 BRIGHTON,CO 80601 - -- - ACCOUNT NUMBER DATE BILL MA.LEO I SERVICE FROM SERVICE TO DAYS USEC DUE DATE . 00180057 I 10/27/2012 9/24/2012 10/25/2012 31 I 11/15'2012 PREVIOUS READING PRESENT READING UNITS USED - DESCRIPTION AMO_NT DUE Stt0O 1170 - 1178200 WATER 820 Vendor#: C3 C\`, I O 1_ Apct Dept L 1 O/Veh# Amount j 5q) 7 hr I.- / ( i i Approval: -1, 'i / - / .. ry I :Last Year Usa�4: 400400: 719 (G ti- ( 7 N Balancer DIancc SO 00 `d� 15 DAYS AFTER DEE DATE I B,D AT DE Seamw ADDRESS I 13498 WELD CO RD 5, / I i V- S20 00 S(5.00 V PLEASE DETACH AND RETURN BELOW STUB WITH YOUR PAYMENT TO ENSURE PROPER CREDIT TO YOUR ACCOUNT Michelle Martin From: Adrian Mendoza [amendoza@UnitedPower.com] Sent: Monday, November 26, 2012 4:45 PM To: Michelle Martin Subject: United Power Slater Substation Bond as Collateral Hi Michelle, Can you tell me if the County has received the as-built for the Slater Sub landscaping? I have received confirmation from our contractor that this has been submitted. So, I am just trying to find out when Weld County will release collateral. Thanks, Jay i rirt CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4227 FAX: (970) 352-0242 P. O. BOX 758 O GREELEY, COLORADO 80632 • COLORADO December 17, 2012 Attn: Adrian Mendoza United Power, Inc. 500 Cooperative Way P.O. Box 929 Brighton, Colorado 80603 RE: Cancellation and release of Collateral — United Power, Inc. Mr. Mendoza: Attached hereto, please find the Board of County Commissioners Resolution releasing the Collateral for United Power, Inc., in the amount of $1,318,875.00. If you would like a recorded copy of the resolution, please contact our Clerk and Recorders Office at 970-304-6530. The original Bond #0489974, has been returned to International Fidelity Insurance Company, 1550 17th Street, Suite 600, Denver, Colorado 80202-1657, in the amount of $.1,318,875.00. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS By: y Donna J. B hler, Deputy Clerk to the Board Jo • CLERK TO THE BOARD 1 PHONE (970) 336-7215, Ext. 4227 FAX: (970) 352-0242 P. O. BOX 758 O GREELEY, COLORADO 80632 • COLORADO December 17, 2012 International Fidelity Insurance Company 1550 17th St Ste 600 Denver Co 80202-1657 RE: Cancellation and release of Collateral — United Power, Inc. To Whom it may Concern: Attached hereto, please find the Board of County Commissioners Resolution releasing the Collateral for United Power, Inc., in the amount of $1,318,875.00. If you would like a recorded copy of the resolution, please contact our Clerk and Recorders Office at 970-304-6530. I am returning the original Bond #0489974 for$1,318,875.00. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS By: / k__ r Donna J. B chler, Deputy Clerk to the Board Collateral Released by Board of Weld County Commissioners 12/12/2012. SUBDIVISION BOND By:4 , &Ad/4 ddd.6ak Bond No. 0489974' KNOW ALL MEN BY THESE PRESENTS,that we United Power, Inc. PO Box 929 Brighton, CO 80601 as Principal,and International Fidelity Insurance Company authorized to do business in the State of CO ,as Surety,are held and firmly bound unto County of Weld, State of Colorado, acting through its Board of County Commissioners as Obligee,in the penal sum of One Million Three Hundred Eighteen Thousand Eight Hundred Seventy Five Dollars and No Cents ($ 1,318,875.00 )DOLLARS,lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, United Power, Inc. has agreed to construct in Slater Substation the following improvements: Slater Substation- Fencing, Landscaping, Installation of Substation Equipment, Access Roads/Driveways from W.C.R. 5.5 - Parcel No. 120728000010, Lot A NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 'IS SUCH, that if the said Principal shall construct,or have constructed,the improvements herein described and shall save the Obligee harmless from any loss,cost or damage by reason of its failure to complete said work. then this obligation shall be null and void; otherwise to remain in full force and effect. Signed,sealed and dated this 25th day of November , 2008 • United Power, Inc. C-6-76 Principal By: 42.7) /11/2//e98 International Fidelity Insurance Co pany By IMA Jenni er Bub Attorney-in-Fact 11550 17th Street,Suite 600 Denver,Co 80202-1657 Phone 303.534.4567 • Tee ,97 ; iaoo POWER OF ATTORNEY INTERNATIONAL FIDELITY .INS TRANCE CO : ANY HOME OFFICE: ONE NEWARK,CENTER, 20TH F..LOOR . NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL:FIDELITY`INSURA LNCE:COMPANY, a eorporation:organizetl.and existing laws of the State of.New Jersey, and having;:its:.principal office in the City of Newark; New Jersey, does. lierebyconstitute and appoint: SARAH FINN, ROBERT L. COHEN, ROBERT:J. REITER:, BRADLEY J. JI~FFRESS, SUE WOOD, SI4ERYLL SHAWL KRISTEN.L. ':MCCORIVIICK, NICOLE:L. MCCOLLAM; 1VI JENNIFER•BUB> :KEITH:M. THOMPSON Denver, CO. • • ius true.and lawful attorney(s)tin fact to execute;seal and deliver for and?on its:behalf as surety,.any and all bonds and:undertakings, contracts of indemnity and other writings obligatory;:in the nature thereof, which,are or may be:Yallowed tequired or permitted by law,,stature, rule regulation, contract or.otherwise, and the execution 'of such instntment(s) in.:. pursuance ::of these presents, :.shall be .:as bin, ing upon the said :INTERNA I'IONAL FIIDELITYY:INSURANCE COMPANY, as fully and amply, to all:intents and:purposes,as lithe same :had been duly:executed and.:acknowledged by its •regularly elected officers at its principal office. This Power of:Attorne.y:is executed, and•mayy be revoked :pursuant to and by autholii at Ankle 3-Section:, of the:By-Laws.adopted.by the Board of Directors of INTERNATIONAL FIDELITY INSURANCECOMPANY at a:meeting called and held on.the 7th day of February, 1974 "The President or any President, Executive Vice Presidents Secretary or Assistant Secretary, shall have power-and authority (1).To appoint Attorneys-in-fact, and to authorize them to.execute on.behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings,!contracts indemnityof. and'other writin .obli ata rn the nature thereof and,; g ry: (2) To remove, at any time, any.:such attorney-in-fact and revoke the;a, uthority given. : . Further, this Power of Attomeu•is signed and sealed by facsimile pursuant to resolution of the Beard of Directors of said Company adopted at a meeting :: duly called and held on;the 29th Cay,ed April, 1982 of which the following is a true excerpt. Noo-w•:ttiereforc•the signatures of such officers and the seal of the Company maybe affixed to any such ppower of attorney or any certificate relating thereto'by facsimile, and any such power;of attorney or certificate bearing such facsimile:,:signatures.or facsimile seal shall be:valid'and≥binding upon;the Company and any ::such.poWer.So executed.and certified by facsimile :signatures and facsimile seal shall be valid and binding:upon the Company in the future with:respect to any bondor undertaking tai 'which it is attached. . .; QE it V.14n . IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to.be �` signed and its corporate seal to be affixed by its authorized officer,'this lfith day of October A.D. 2007. •: i',:.$1 ,••.,••:1 �a y • • • INTERNATIONAL FImELITy INSURANCE COMPANY SEAL ' ' : : ,r" i 04 STATE OF NEW JERSEY �,' ≥4 'County of Essex, `cam ,JE a Secretary On'this l.bth:day ofOctober2O07 before me came the individual who;executed the pprrecedingg instruriient, to me�pe�rsonailyy: known; and, being by me:duly sworn, said:;the he.is the therein described and-authorized officer:of the.;:: INTERNATIONAL FIDELITY INSURANCECOMPANY; that the seal:affixed to said. instrument is:the.Corporate`Seal:of:said Company;..that di said.Coiperate.Seal and'h,s signature were duly affixed by order of theBoard•of Directors of said'Company. 0ARq IN TESTIMONY WHEREOF, I have'hereunto set my hand affixed my Official Seal., at the City,of Newark, NewJersey the:.day.and year first above written.CO NOTARY v PUBLIC .� �y '�' 'I'JERS� • A NOTARY':PUBLIC OF NEW JERSEY • CERTIFICATION• My Ciiunriissian Expires Nov, 21, 2010 . I, the ndersi u gned officer:.of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I liave compared the'.foregoing copy:of the . Power of Attorney and affidavit;,:and the:copy of the Section of the By-Laws of said Company as set•forth in said Power of Attorney, :with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the san a are correct transcripts thereof, and of the whole of the said originals, and that the.said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF,:I have hereunto set my hand this 25th' day of November 2008 Assistant Secretary. - . U.S. Postal Service,. "' CERTIFIED MAIL,. RECEIPT rn ui (Domestic Mail Only;No Insurance Coverage Provided) 03 F Ilveryinf.rmat•nvisit urwe•-lte atwww.ueps.••m® t1 D D- Postage $ M Certified Fee , Q 11\d IM PesI p Rsturn Receipt Fee LI 1�er (Endorsement Required) '1 Restricted Dew.,Fee / �+ D'D (Endorsement Required) to ru d Total Postage&Fees $ S - r9 T9 $e ost,Apt feral delf -T �irza��r._ i. I ay or PO Box No.)5 L() /7 5T Ste lQ cc9 City,Star ZIPa4 „, G y SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete • new. item 4 if Restricted Delivery is desired. / ow )(Agent • Print your name and address on the reverse ' O Addressee so that we can return the card to you. Received by Printed Name) C. Date,�of/ryDelivery • Attach this card to the back of the mailpiece, i �� q A2 ! 7 1 9 or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No --Mke iha/G//Q/Ai:O /''c7 J2&er≥ice Cefryi dri6� /6 D /7—,57( ?f7 ear 3. Se Ice Type <C c—7 ,Certified Mail 0 Express Mail e/)l'f�i- Co gco7t�-/6-� / 0 Registered 0 Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7004 2890 0003 5709 8532 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 1025esa2-M-1540 Hello