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HomeMy WebLinkAbout20121635 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR AMENDED USE BY SPECIAL REVIEW PERMIT #861 - PETRO-CANADA RESOURCES (USA) 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 October 21, 2009, the Board approved the application of Bringleson Ranch, LLC, 48904 County Road 127, New Raymer, Colorado 80742, c/o Petro-Canada Resources (USA) Inc., 999 18th Street, Suite 600, Denver, Colorado 80202, for a Mineral Resource Development Facility, including Oil and Gas Support and Service (upgrade of Lilli Plant) in the A (Agricultural) Zone District, on the following described real estate, to wit: Part of the W1/2 NE1/4 NW1/4, SW1/4 NW1/4, W1/2 SW1/4, NW1/4 NW1/4 of Section 4, Township 8 North, Range 58 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on August 24, 2009, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements to ensure the completion of the Grading Permit component of the Improvements Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Petro-Canada Resources (USA) Inc., with terms and conditions being as stated in said agreement, and accepted a cash deposit that was wired to Weld County and deposited in the Clerk to the Board's Trust Fund from Petro-Canada Resources (USA) Inc., in the amount of $10,000.00, and WHEREAS, staff from the Weld County Departments of Planning 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 the cash deposit that was wired to Weld County and deposited in the Clerk to the Board's Trust Fund from Petro-Canada Resources (USA) Inc., in the amount of $10,000.00 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. 3858004 Pages: 1 of 2 W 07/10/2012 10:46 AM R Fee:$0.00 e, . - P Steve Moreno, Clerk and Recorder. Weld County, CO ■III I iP��Gtii+�II,1��I +�ICI+ GF6LMF.P*LIO r 'MN 1 11111 1 .131a 2012-1635 PL0453 CANCEL COLLATERAL-PETRO-CANADA RESOURCES(USA)INC. PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 2nd day of July,A.D.,2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO ATTEST:'' '..404--..-7:14......__ r __, � - Sean P.Conway,Chair Weld County Clerk to the Board EXCUSED C ) � 1 / Will m F.Garcia,Pro- em BY: �i .� �.� \ /Ii Deputy C k to the Boar fS +� �; 4-Cu 4ci f; - ra Kirkmeyer APP A "a-M: Ns( I.`_ r I*I( ..\)`iavid E.Lon / `�w....r- unty ttorney 1(g> Mo. ouglas Rade acher Date of signature: 7"/0 "/ 3858004 Pages: 2 of 07/10/2012 10:46 AM Rd F 2 00 rde 2012-1635 PL0453 MEMORANDUM TO: Clerk to the Board ; �86i DATE: 6/27/2012 FROM: Richard Hastings, Public Works Department GOUNTY SUBJECT: BOCC Agenda Item: Final Release of Collateral Petro-Canada Resources (USA) Inc. (PL0453, #2009-2221) AmUSR-861 Request for Final Release of Collateral: The Department of Public Works received a request from the applicant's representative, Deborah Thomas/Bryan Cave, HRO, requesting the final release of collateral, for the Grading Permit component of the Improvements Agreement for AmUSR-86I. The "Lilli Gas Plant" site is located west of CR 127.5 and north of the Town of New Raymer. Weld County Public Works Department had previously performed a site inspection, at the above mentioned site, and observed the following: • All Public Works related items regarding Grading Permit activities, associated with the IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, Document # 2009-2221, have been completed and are found to be acceptable. Weld County Collateral List: Petro-Canada Resources (USA) Inc. (PL0453, #2009-2221) AmUSR #861 Imps Agrmt—Wire transfer received at Treasurer's Office and transferred to Clerk to the Board's Trust Fund for grading activities Transferred 08/03/2009 $10,000.00 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$10,000.00 2012-1635 pc Dave Bauer,Weld County Public Works Kim Ogle,Weld County Planning Services M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\AmUSR-861 Lilli Gas Plant\Pctro-Canada Collateral Release_ftles\Final Collateral Release-Petro-Canada Resources(USA)Inc(AmUSR-861)-MEMO-docx BRYAN CAVE 00 via Federal Express 970.304.6496 and via email rhastinqsacaweld.co.us Bryan Cave HRO 1700 Lincoln Street,Suite 4100 Richard Hastings Denver,CO 80203-4541 Weld County Public Works Phone (303)861-7000 Fax (303)866-0200 1111 H Street, P.O. Box 758 www bryancave cool Greeley, CO 80632 Re: Release of Collateral/(PL0453, #2009-2221) AmUSR #861 Imps Agrmt Bryan Cave LLP Atlanta Dear Richard: Boulder Charlotte Our client, Petro-Canada Resources (USA), Inc., hereby requests release of the Chicago Colorado Springs $10,000.00 cash collateral you presently hold in connection with the Imps Agreement. Dallas Please send a check for the cash deposit to: Denver Frankfurt Michael E. Korenbiat, Esq. Hamburg Suncor Energy Services Inc. Hong Kong 717 17811 Street, 29th Floor Irvine Jefferson City Denver, CO 80202 Kansas City London If you require additional documentation or information, please contact Debe Thomas at Los Angeles 303.866.0411. New York Paris Phoenix San Francisco Very truly yours _ Shanghai Singapore 11 I }1 ( � St Louis Washington,DC De orah J. Tho as Paralegal Bryan Cave International Consulting A TRADE AND CUSTOMS CONSULTANCY www bryan c aveco nsulti n g.com Bangkok Beijing Jakarta Kuala Lumpur Manila Shanghai Singapore Tokyo 41594981 vl den Richard Hastings From: Richard Hastings Sent: Thursday, June 21, 2012 11:16 AM To: 'Thomas, Deborah' Cc: David Bauer; Amy Burry; Kim Ogle; Stephanie Arries; Donna Bechler Subject: RE: Petro-Canada Collateral Release Inquiry from Bryan Cave, LLP Debe, Review with staff indicates that the work is complete and that both of these collaterals can be released: Petro-Canada Resources (USA) Inc. (PL0453, #2009-2221)AmUSR#861 Imps Agrmt—Wire transfer received at Treasurer's Office and transferred to Clerk to the Board's Trust Fund for grading activities Transferred 08/03/2009 $10,000.00 Public Service Company of Colorado (2009-2963) 11/09/2009 Utility Right-of-Way— Milliken Pipeline Project Two year Warranty of Workmanship Irrevocable Letter of Credit#CPCS-794699 from JPMorgan Chase Bank $25,000.00 Extended to 9/22/2012 Regarding your inquiries found below, Weld County will need written requests from the companies that posted the collateral, as these two collaterals were posted via Board of County Commissioners Resolution. This will also provide an address for return of the collateral. Also,the Petro-Canada collateral was a wire transfer so please ask your client as to how this particular collateral should be returned. If a wire transfer is requested for this collateral return, we will need the required bank information. Let me know if you have any questions or require further information. Thanks, Rich 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 dre r Y LP' r C O'J t 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 1 Richard Hastings From: Thomas, Deborah [deborah.thomas@bryancave.com] Sent: Friday, June 08, 2012 8:08 AM To: Richard Hastings Subject: RE: Petro-Canada ROW Bond Inquiry Richard, Thank you so much for sending me the information regarding the $10,000 cash deposit relating to the Lilli Plant Site Grading Permit and the Letter of Credit No. CPCS-794699 in the amount of$25,000 relating to the Colorado's Milliken Pipeline project. Our client, Petro-Canada Resources (USA) Inc. sold all of their oil and gas properties in 2010 and these interests were sold to Noble Energy Inc. Petro-Canada Resources(USA) Inc., hereby request release and termination of these 2 bonds. If you required additional information, please either respond to this email or call me at 303.866.0411. Thank you for your help in obtaining this additional information relating to bonds under the name of Petro-Canada Resources(USA) Inc. Debe Thomas From: Richard Hastings [mailto:rhastings@co.weld.co.us] Sent: Wednesday, June 06, 2012 3:19 PM To: Thomas, Deborah Cc: Donald Carroll; Amy Burry Subject: Petro-Canada ROW Bond Inquiry Debbie, As per your request,during our phone conversation today, please find attached the above-mentioned documents. I'll speak with Amy Burry tomorrow and see if she can shed some light on your other inquiry relative to the Petro-Canada License & Permit Bond for the Grover Pipeline, in the amount of$25,000. I'll get back to you as soon as I've had the opportunity to review this matter with staff. 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 erg - L. rp t 1861 - 2011 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4227 FAX: (970) 352-0242 P. O. BOX 758 WELD--COUNTY GREELEY, COLORADO 80632 I July 11, 2012 Michael E. Korenblat, Esq. Suncor Energy Services, Inc. 717 17th Street, 29th Floor Denver, Colorado 80202 RE: Cancellation and release of Collateral for AmUSR #861 — Petro-Canada Resources (USA) Inc. Mr. Korenblat: On July 2, 2012, the Board of County Commissioners approved the cancellation and release of collateral for Petro-Canada Resources (USA) Inc., in the amount of $10,000.00, as referenced above. Enclosed is a copy of the Resolution signed by the Board of County Commissioners. If you wish to receive a recorded copy of the resolution, you can contact the Clerk and Recorder's Office. 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://q 4X,lGLt..-k 1 i/j4y Donna J. Be ffer Deputy Clerk to the Board ARRANT NUMBER 3275471 Wald County,Colofado W INVOICE NUMBER • INVON"F . - tVOICF (1604'NINIT-cna ADD L NETT mini INT OR RFFFRFNCF ,. "`ItATF { -AMOUNT " - -nFCSI(COONS 'AMOUNT 2012-1635 - 07/02/12 10,000.00 0.00 0.00 10,000.00 • • • + REMOVE DOCUMENT ALONG THIS PERFORATION - THIS DOCUMENT IS PRINTED IN TWO COLORS.Do NOT ACCEPT UNLESS BLUE AND BROWN ARE PRESE T. NUMBER 3275471 VW I.J ANT I uII 1LU1UH- `.: _� F> LT P~ #. ' i By Order of The Board.Of County Commissioners B2-;1 AI a„NLA-ED1 ERE-Uf.AN — P.O.Box 758 102, MAR,..,AL�LE TI,TrIE F�f; .,y1 Greeley,CO 80632 xaxnrrtv J , wdel-- oa �Rs Fargo (970)3564000 FAX: (970)352-0242 gam•*•••10,000.00 r Greeley,CO 80634 ...=` DA 2 VOID IF NOT CASHED IN 60 DAYS • DATE 7/11/201 ".l • Ten Thousand Dollars LL 0 PAY TO THE ORDER OF LL PETRO-CANADA RESOURCES(USA)INC CHAIRMAN BOAR Of COUNTY ISSIONERS DEPARTMENT 1712 DENVER CO 80291-1712 Jy-'Li""L'tE i cr. - CLERIC OETHE BOARb;. IIIIIIINIIIIIIMIIIPIMMMIIIIIIIIIIIIIIMIP U.S.Postal Service,. 711 CERTIFIED MAIL.RECEIPT ui (Domestic Mall Only;No Insurance Coverage Provided) m r- Postage $. t ry.9 r �lr rn Cetllned Fee /n' Po5(me I71 Return Receipt Fee (,7n�` j n (Endorsement Required) Restricted Delivery Fee u (Endorsement Required, n J Total Postage 8 Fees $ sp tTn r�i/b%fi eet No ! 4',.37 or PO Oox Nn '�7 1 i C/Iy,st�1 ZiP.a , _ oi'� SFr 3:,t,June 2t�2 �%r • See set rI frond n UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid USPS Permit No.G-10 •Sender:Please print your name,address,and ZIP+4 in this box• WELD COUNTY, COCO! OQADO TH E TO BOA PD P. 0. Box 75S Greeley, CO 8063'2 Hello