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Home My WebLink About20123486.tiff RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT #1723 - CEDAR CREEK II, LLC, C/O BP WIND ENERGY NORTH AMERICA, 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 May 19,2010,the Board approved the application of Cedar Creek II, LLC, c/o BP Wind Energy North America, Inc.,Attn: David Gonzalez,700 Louisiana Street, 33rd Floor, Houston, Texas 77002,for a Major Facility of a Public Utility(a wind energy facility with a generating capacity up to 250.8 megawatts(MW)along with a 230-kilovolt(kV)electric transmission line, an interconnection facility to tie into an existing 72 mile transmission line, existing collector transmission lines, up to five(5) permanent 80 meter meteorological towers, one(1)substation, an operations and maintenance building/facility, along with one (1) temporary batch plant and construction facility) in the A(Agricultural)Zone District on the following described real estate,to wit: Wind Energy Facility: Section 6, Township 10 North, Range 57 West; Sections 1, 2, 3,4,5, Township 10 North, Range 58 West; Sections 5, 6, 8, 17, Township 11 North, Range 56 West; Sections 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 30, 31, 32, 33, Township 11 North, Range 57 West; Sections 3, 4, 10, 11, 12, 13, 14, 15, 16, 24, 25, 27, 34, 36, Township 11 North, Range 58 West; Sections 28, 32, 33, Township 12 North, Range 56 West; and Sections 34, 36, Township 12 North, Range 57 West of the 6th P.M., Weld County Colorado Transmission Line: Sections 1, 2, 3, 4, 5, 7, 8, 9, Township 10 North, Range 58 West; Sections 4, 9, 10, 11, 12, Township 10 North, Range 59 West; Sections 5, 6, Township 10 North, Range 59 West; Section 2, Township 10 North, Range 60 West; Section 7, Township 11 North, Range 57 West; Sections 12, 13, 24, 25, 36, Township 11 North, Range 58 West; Sections 31, 32, Township 11 North, Range 59 West; and Sections 35, 36, Township 11 North, Range 60 West of the 6th P.M., Weld County, Colorado WHEREAS, on June 28, 2010, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Cedar Creek II, LLC, c/o BP Wind Energy North America, Inc., with terms and conditions being as stated in said agreement, and accepted a Wired Transfer of Funds from CitiBank, N.A., in the amount of$1,128,472.00, and WHEREAS, on December 19, 2011, the Board of County Commissioners of Weld County Colorado, approved the release of a portion of said collateral, in the amount of$1,040,951.00, and retained $87,521.00 to serve as Warranty Collateral for a period of one year from the date of approval. 3897661 Pages: 1 of 2 �� L 12/20/2012 11:58 AM R Fee:$0.00 LC/1 i 2012-3486 Steve Moreno, Clerk and Recorder, Weld County', Co f PL2059 Rl�i�� F+l1,1l■M11�4e h4'Ll�d lira +�tlitrio,Llh� IN 411111 CANCEL COLLATERAL-CEDAR CREEK II, LLC, C/O BP WIND ENERGY NORTH AMERICA, INC. PAGE 2 WHEREAS,staff from the Weld County Departments of Public Works and Planning Services have conducted a visual inspection and recommend final release of said collateral, in the amount of $87,521.00. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the Clerk to the Board be, and hereby is,directed to return said collateral via a Wired Transfer of Funds, in the amount of $87,521.00, to Deutsche Bank Trust Company Americas. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of December, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: \ion . a+ C� Sean P. Conway, Chair Weld County Clerk to the Board . arcia, Pro-T BY.�/ ✓� I\`` E La' Deputy CI=r to the Board I �l , ^ 'C' ra Kirkmeyer , 1861 t, AP O D FORM: �� o avid E. Long ounty Attorney 31 I,; C,r ea. c/�✓' gla/Rademacher Date of signature: DEC 1 7 2012 31220/61 012 11 58g es: 2 of 2 1 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder. l4eld County CO 1111 r n P.�111��i1}r�l�rt V! III 2012-3486 PL2059 MEMORANDUM TO: Clerk to the Board � DATE: 12/5/2012 �86 E!! - FROM: Richard Hastings, Public Works Department SUBJECT: BOCC Agenda Item: Final Release of Collateral I Th P-U S T Cedar Creek II-(USR-1723) Request for Final Release of Collateral: The Department of Public Works received a request from the applicant's representative, Kristie Zahn, requesting the final release of collateral, for the Wind Energy Facility (USR-1723), located in the area of CR's 135 and 132, northeast of the town of Grover. Weld County Public Works Department performed a site inspection, at the above mentioned site, and observed the following: • All Public Works related items on Exhibit A, of the Improvements Agreement According To Policy Regarding Collateral For Improvements Document #2010-1393, have been completed and are found to be acceptable. Weld County Collateral List: Cedar Creek II, LLC, do BP Wind Energy North America, Inc. (PL2059 #2010-1393, USR #1723), Improvements Agreement 06/28/10 Wire transfer from CitiBank Received 06/25/10 $1,128,472.00 Partial Release of Collateral 12/19/2011(2011-3250) -1,040,951.00 Requires wire transfer to Deutsche Bank Trust Company Americas Retain Warranty Collateral for one year-Expires 12/19/2012 $87,521.00 Money was wired to Deutsche Bank on 1/18/2012 Recommendation: The Departments of Public Works and Planning Services are recommending final release of collateral, as shown above from the Weld County Collateral List, in the amount of$87,521.00 pc: Don Carroll, Weld County Public Works 2012-3486 Chris Gathman, Weld County Planning Services NI:APLANNING—DEVELOPMENT REVIEW\—Pre-Accela Referrals(Old Numbering)AUSR-Use by Special Review VUSR-1723 BP Cedar Creek lEAgreementsVFinal Collateral Release-Cedar Creek II(USR-1723)-MEMOdocx December 12, 2012 Weld County Department of Public Works 1111 H Street P. O. Box 758 Greeley, Colorado 80632-0758 Attn: Richard Hastings, Compliance Analyst &Construction Inspector Re: Request for Release of Road Improvements Warranty Collateral at$37,254 Request for Release of On-Site Warranty Collateral at$50,267 Reference is hereby made to the Improvements Agreement between Cedar Creek II, LLC (the "Applicant") and the County of Weld (the "County"), State of Colorado dated the 28th day of June 2010(the "Agreement"). All conditions set-forth in Section D.7.0 of the Agreement having been satisfied, Cedar Creek II respectfully requests that the County release the Road Improvements Warranty Collateral and the On-Site Warranty Collateral in the aggregate amount of$87,521. Please wire the funds ($87,521) in accordance with the instructions attached hereto as Schedule A. Best Regards, Eric Stidman Secretary,Cedar Creek II Holdings LLC,the sole member of Cedar Creek II, LLC c/o BP Wind Energy North America Inc. 700 Louisiana Street, 32nd Floor Houston,TX 77002 Office: 713-354-2165 Email: eric.stidman@bp.com Cc: County Attorney- Bruce Barker Project Attorney—Mike Rigo Richard Hastings From: Zahn, Kristie [Kristie.Zahn@bp.com] Sent: Tuesday, November 27, 2012 9:00 AM To: Richard Hastings Cc: Randolph, Kimberly; Stidman, Eric B.; Clark, Shakeria; Rigo, Michael; David Bauer; Donald Carroll; Tonya Johnson; Bruce Barker; Elizabeth Relford Subject: RE: Cedar Creek II (USR-1723):Partial Cancellation & Release of Collateral Document(Doc.# 2011-3250) Thanks for getting the ball rolling on this Richard!! And yes,that is an ironic date O Have a great day!! Thanks, Kristie Zahn Project Accountant BP Wind Energy 700 Louisiana, 33rd Floor Houston, TX 77002 Work: 713-354-2159 Cell: 832-723-5721 Fax: 713-354-2120 www.bpalternativeenergy.com From: Richard Hastings [mailto:rhastings@co.weld.co.us] Sent: Monday, November 26, 2012 4:44 PM To: Zahn, Kristie Cc: Randolph, Kimberly; Stidman, Eric B.; Clark, Shakeria; Rigo, Michael; David Bauer; Donald Carroll; Tonya Johnson; Bruce Barker; Elizabeth Relford Subject: RE: Cedar Creek II (USR-1723):Partial Cancellation 8: Release of Collateral Document (Doc.# 2011-3250) Kristie, Everything appears in order to finalize this now, final release of collateral.The warranty period ends on 12/19/12 and the release will take place prior to that date, probably no later than 12/12/12. Ironic date sequence or what? Let me know if you have any other questions. Sincerely, Richard Hastings Compliance Analyst& Construction Inspector Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 (970)304-6496 Ext. 3727 (970)304-6496 Ext. 3727 11 1 `/ r 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. From: Zahn, Kristie [mailto:Kristie.Zahn@bp.com] Sent: Monday, November 26, 2012 3:30 PM To: Richard Hastings Cc: Randolph, Kimberly; Stidman, Eric B.; Clark, Shakeria; Rigo, Michael; David Bauer; Donald Carroll; Tonya Johnson; Bruce Barker Subject: RE: Cedar Creek II (USR-1723):Partial Cancellation &Release of Collateral Document(Doc.# 2011-3250) Hi Richard —I was wondering if you've had a chance to look into this? Please let me know if there is anything I can do to help facilitate the process. Thanks, Kristie Zahn Project Accountant BP Wind Energy 700 Louisiana, 33rd Floor Houston, TX 77002 Work: 713-354-2159 Cell: 832-723-5721 Fax: 713-354-2120 www.bpalternativeeneray.com From: Zahn, Kristie Sent: Thursday, November 08, 2012 12:33 PM To: Richard Hastings Cc: Randolph, Kimberly; Stidman, Eric B.; Clark, Shakeria; Rigo, Michael; dbauer@co.weld.co.us; dcarroll@co.weld.co.us; tdisnev@co.weld.co.us; bbarker@co.weld.co.us Subject: RE: Cedar Creek II (USR-1723):Partial Cancellation & Release of Collateral Document (Doc.# 2011-3250) Hi Richard, Hope this email finds you well!! I wanted to follow up with you in regards to the final release of collateral for Cedar Creek II. Is there anything that we need to do to start the release process?? Let me know how I can help. Thanks, Kristie Zahn Project Accountant BP Wind Energy 700 Louisiana, 33rd Floor 2 Houston, TX 77002 Work: 713-354-2159 Cell: 832-723-5721 Fax: 713-354-2120 www.bpalternafiveenercw.com From: Richard Hastings fmailto:rhastings©co.weld.co.usl Sent: Thursday, January 26, 2012 9:53 AM To: Zahn, Kristie Cc: David Bauer; Donald Carroll; Tonya Disney; Bruce Barker Subject: Cedar Creek II (USR-1723):Partial Cancellation &Release of Collateral Document(Doc.# 2011-3250) Kristie, In case you do not already have copies for your records, please find attached the above-mentioned recorded document. Upon conclusion of the one year warranty(12/19/2012)for USR-1723, a similar process will occur for the final release of collateral. Please contact me on or around the beginning of November, 2012 and we will initiate the process required to bring the request for final release before the Board of County Commissioners for their approval. Let me know if you have any questions or require further information. Sincerely, Richard Hastings Compliance Analyst&Construction Inspector Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 (970)304-6496 Ext. 3727 r 413 I ! WE i 'Eo JN'� D. 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. 3 Donna Bechler From: Tonya Johnson Sent: Thursday, November 08, 2012 11:38 AM To: Donna Bechler Subject: FW: Cedar Creek II (USR-1723):Partial Cancellation & Release of Collateral Document(Doc. #2011-3250) I am not totally sure why this came to me, maybe I was working on it while I was over there (or sent a doc out to PW for it), but thought I would send it on to you for your records. Thank you, Tonya (Disney)Johnson Weld County Department of Planning Services 1555 N 17th AvenuelGreeley, Colorado 80631 Phone: 970-353-6100 x 3529 trjohnson@co.weld.co.us sts 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. From: Zahn, Kristie [mailto:Kristie.Zahnebo.com] Sent: Thursday, November 08, 2012 11:33 AM To: Richard Hastings Cc: Randolph; Stidman, Eric B.; Clark; Rigo, Michael; David Bauer; Donald Carroll; Tonya Johnson; Bruce Barker Subject: RE: Cedar Creek II (USR-1723):Partial Cancellation &Release of Collateral Document (Doc.# 2011-3250) Hi Richard, Hope this email finds you well!! I wanted to follow up with you in regards to the final release of collateral for Cedar Creek II. Is there anything that we need to do to start the release process?? Let me know how I can help. Thanks, Kristie Zahn Project Accountant BP Wind Energy 700 Louisiana, 33rd Floor Houston, TX 77002 Work: 713-354-2159 Cell: 832-723-5721 1 Fax: 713-354-2120 www.bpalternativeenergy.com From: Richard Hastings fmailto:rhastings@co.weld.co.usl Sent: Thursday, January 26, 2012 9:53 AM To: Zahn, Kristie Cc: David Bauer; Donald Carroll; Tonya Disney; Bruce Barker Subject: Cedar Creek II (USR-1723):Partial Cancellation &Release of Collateral Document (Doc.# 2011-3250) Kristie, In case you do not already have copies for your records, please find attached the above-mentioned recorded document. Upon conclusion of the one year warranty(12/19/2012)for USR-1723, a similar process will occur for the final release of collateral. Please contact me on or around the beginning of November, 2012 and we will initiate the process required to bring the request for final release before the Board of County Commissioners for their approval. Let me know if you have any questions or require further information. Sincerely, Richard Hastings Compliance Analyst&Construction Inspector Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 (970)304-6496 Ext. 3727 cc I 1.J ' W E i^0_'C O UN "' u 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. 2 Donna Bechler From: Renee Fielder Sent: Thursday, December 20, 2012 10:21 AM To: Donna Bechler Subject: Cedar Creek Wire Request ACH summary Report 87,521.pdf-Adobe Acrobat Professional Attachments: Cedar Creek Wire Request ACH summary Report 87,521.pdf Hi Donna- This is the confirmation the wire was sent from our Wells Fargo account to Cedar Creek! I hope this helps. Renee 1 Page 1 of 2 ACH Payment Summary Report Run Date&Time : 12/12/2012 06:17:17 PM Weld County Colorado ACH Payments Batch Name CEDAR CREE Originating Acct Number: 4428004375 Frequency: One Time Originating Acct Nickname: SETTLEMENT ACCOUNT Status: Scheduled ACH Company ID: 4846000813 Create Date: 12/12/2012 06:16:22 PM ACH Company Name: WELD COUNTY CO Scheduled Send Date: 12/12/2012 Company Entry Description: CEDAR CREE Effective Date: 12/13/2012 CR-DR-Mixed: Credits Credit Amount: $87,521.00 Items: 1 Payment Type: PPD-Prearranged Pmt Dep Entry Debit Amount: $0.00 Items: 0 Net Amount: -$87,521.00 Items: 1 Login ID Activity Date/Tme FIELR481©WELDC481 createFromTemplate 12/12/2012 06:16:22 PM FIELR481@WELDC481 approve 12/12/2012 06:16:49 PM Report Totals Payment type Totals:Credits/Debits PPD: $87,621.00 $0.00 ACH Company ID Totals:Credits/Debits 4846000813: $87,621.00 $0.00 Credits/Debits Grand Totals: $87,621.00 $0.00 ACH Payment Summary Report Run Date&Time: 12/12/2012 06:17:17 PM Page 2 of 2 Filter Criteria: Accounts: 4428004375-USD-SETTLEMENT ACCOUNT 8012700872-USD-SETTLEMENT ACCOUNT Originating ACH Company Ids: 2846000813 3846000813 4846000813 5846000813 Date Type: Create Date Date Range: Batch Amount Range: Transaction Amount Range: Statuses: Payment Entered,Pending Add Approval,Scheduled,Ready To Send,Pending Delete Approval,Add Rejected,Sent,ln Process,Disallowed,Failed,Processed,Confirmed,Submitted,Deleted,Delete Rejected,Approved,Saved,Payment In Process,Payment In Process,Verifed To Send,Verified To Send,Pending Modify Approval,Modify Rejected,Payment In Process,Payment In Process,Payment In Process,Add Partially Approved,Modify Partially Approved,Overdue,Security Violation,Received By Bank,Processing By Bank,Incomplete Save,Awaiting Transmission CreditUDebit/Mixed: Payment Types: Tax,PPD-Prearranged Payment&Deposit Entry,CCD-Cash Concentration or Disbursement Confidential Batch: No Detail First Sort Detail Second Sort: ACH Payment Ids: 5745897 End Of Report Hello