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Home My WebLink About20122971 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR #427 - COLORADO SWEET GOLD / LAFARGE NORTH AMERICA, INC., C/O MARTIN MARIETTA MATERIALS, 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 February 10, 2009, the Department of Planning Services staff approved the application of Colorado Sweet Gold, 8714 State Highway 60, Johnstown, Colorado 80534, c/o Lafarge West, Inc., 10170 Church Ranch Way, Suite 200, Westminster, Colorado 80021, for four (4) Asphalt Cement (AC) storage tanks (40 inches tall by 100 feet in diameter) with two (2) heater units and a modular office building on the following described real estate, to wit: Part of the N1/2 of Section 9, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on November 23, 2009, 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 Colorado Sweet Gold / Lafarge West, Inc., with terms and conditions being as stated in said agreement, and accepted Surety Bond #6633246, from Safeco Insurance Company of America, 1001 4th Avenue, Suite 1700, Seattle, Washington 98154, in the amount of$180,000.00, 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 Surety Bond #6633246, from Safeco Insurance Company of America, 1001 4th Avenue, Suite 1700, Seattle, Washington 98154, in the amount of $180,000.00, 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. 2012-2971 PL2039 3883435 Pages: 1 of 2 10/24/2012 11:37 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County: CO VIII i sI1 !,cil'tLINL y,L LVAWi4MICIrI riNl11111 i- Of CANCEL COLLATERAL- COLORADO SWEET GOLD/ LAFARGE NORTH AMERICA, INC., C/O MARTIN MARIETTA MATERIALS, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of October, A.D., 2012. BOARD OF COUNTY COMMISSIONERS ��,,,� WELD COUNTY, COLORADO ATTEST: 'r"" . Sean P. Conway, Chair Weld County Clerk to the Bn S La EXCUSED ,..g.,_11/42William F. Garcia, Pro-Terxf (-TT BY' 6� � '° : , � LJS�i`es ,LJ�a / /,/ /- Deputy Cler o the B. d 5Bacbara Kirkmeyer 3 / AP OV D O FORM: � "` :r cnc \. OF David E. Long ty Attorney Douglas R demacher Date of signature: /O/773V.�G�7? 3883435 Pages: 2 of 2 10/24/2012 11:37 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO lilt KRA Its N!Il.i '' IN"l 11111 2012-2971 PL2039 ,86, MEMORANDUM To: Board of County Commissioners From: Kim Ogle, Planning Services 0 ,COUNTY W Subject: Full Release of Collateral Vacation of Site Plan Review No. 472 c/o Lafarge North America Inc. c/o Martin Marietta Materials, Inc Date: October 22, 2012 The Department of Planning Services received a letter dated September 10, 2012 from Lafarge North America Inc. of full release of collateral held for the Lafarge Colorado Sweet Gold property, Case File No. SPR-427, currently held as a Surety Bond#6633246 from Safeco Insurance Company of America in the amount of one hundred eighty thousand ($180,000.00) dollars. Colorado Sweet Gold/Lafarge West, Inc. (PL2039, #2009-3068) SPR#427 Improvements Agreement Received Surety Bond#6633246 from Safeco Insurance Company of America No Expiration Listed $180,000.00 Transfer of Permits from Lafarge West to Martin Marietta Materials, Inc., on letter dated October 19, 2011. The current holder of the Site Plan Review No. 427 permit is Martin Marietta Materials, Inc. who concurs with the request by Lafarge North America Inc. as submitted via an electronic mail dated October 5, 2012. This request is being submitted on behalf of both affected parties as the facility as permitted was not constructed and no improvements have commenced on site. It is further requested that the Board of County Commissioners take action to vacate the administratively approved Site Plan Review No. 427 located on the Colorado Sweet Gold property, more specifically described as part of the N2 of Section 9,Township 4 North, Range 67 West of the 6th P.M.,Weld County Colorado containing 8.00 acre more or less. 2012-2971 SERVICE.TEAMWORK.INTEGRITY.QUALITY Kim Ogle From: David Lemesany[David.Lemesany®martinmariettacom] Sent: Friday,October 05,2012 8:39 AM To: Kim Ogle; 'James.Hungerford@lafarge-na.com% Richard Hastings Cc: Anne.Johnson®lafarge-na.com Subject: RE: Lafarge Colorado Sweet Gold Kin Ogle, Martin Marietta concurs with the decision of Lafarge to vacate the SPR-427 and associated bond attached to the Sweet Gold property. Please call me with any questions. Best Regards David Lemesany Regional VP/GM Asphalt 8 Paving I Rocky Mountain Division Martin Marietta Materials, Inc. 10170 Church Ranch Way Suite 200 I Westminster, CO 80021 david.lemesanvOmartinmarietta.com (720)-272-1699 Cell (720)-245-6437 Office Original Message From: Kim Ogle (mailto:koRlepco.weld.co.us] Sent: Monday, September 10, 2012 3:45 PM To: 'James.Hungerfordelafarge-na.com'; Richard Hastings Cc: David Lemesany; Anne.Johnsonplafarse-na.com Subject: RE: Lafarge Colorado Sweet Gold Good afternoon, Staff has received the letter requesting vacation of the SPR-427. Staff is seeking confirmation from Mr. Lemesany of concurrence. With receipt of his correspondence, staff will forward the request to the Board of County Commissioners for action. Thanks to all of you for your assistance. Kind regards, Kim Ogle Planner III Department of Planning 1555 North 17th Avenue Greeley, Colorado 80631 Direct: 970.353.6100 x 3549 Office: 970.353.6100 x 3540 Facsimile: 970.304.6498 1 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. Original Message From: James.HungerfordOlafarge-na.com (mailto:James.Hungerford0lafarRe-na.com] Sent: Monday, September 10, 2012 8:50 AM To: Kim Ogle; Richard Hastings Cc: David.LemesanvOmartinmarietta.com; Anne.JohnsonOlafarge-na.com Subject: Lafarge Colorado Sweet Gold Below is a letter to you requesting a vacation of site Plan Review SPR-427 and a release of associated collateral. Original has been mailed to you. Please call if you would have any questions. (See attached file: Colorado sweetgold.pdf) James Hungerford I Consultant I Lafarge ( Mobile (303) 619-8264 17 Fax (303) 657-4575 * Email James.HungerfordOlafarge-na.com 2 LAFARGE RECEIVED AGGREGATES & CONCRETE SEP 1 2 anti Weld County Nanning Department GREELEY OFFICE September 10. 2012 Mr. Kim Ogle Weld County Planning 1555 North 17th Ave. Greeley. CO 80631 Mr. Richard Hastings Weld County Public Works P.O. Box 758 Greeley.CO 80634 RE: Site Plan Review, SPR-427. Lafarge Colorado Sweet Gold Dear Mr. Ogle and Mr. Hastings, Lafarge requests a vacation of Site Plan Review, SPR-427 and a release of the associated Collateral. Please let me know what additional information you require to process this request. This letter is sent by email as well as certified first class mail. Sincerely. James Hungerford jamcs.hungerford@lafarge-na.com (303) 619-8264 Copy: David Lemesany Regional VP/GM Asphalt& Paving l Rocky Mountain Division Martin Marietta Materials. Inc. 10170 Church Ranch Way Suite 200 1 Westminster. CO 80021 david.lemesany@martinmarictta.com (720)-272-1699 Cell (720)-245-6437 Office LAFARGE NORTH AMERICA INC..Western U.S.Region 10170 Church Ranch Way,Suite 200 Westminster,CO 80021 www.lafargenorthamerica.com It=l="ss Oil __�"Mint K ••••••••••••••• HVfa 1 0. .tee rire at vial® 7._ ==► i ii1i f�! ry gib IId jig II illitili� i 6 • 2 qiiIIIIII 41 il 1 II I5 ` gA qR 9E III hid ! 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BOX 758 O GREELEY, COLORADO 80632 COLORADO October 23, 2012 Safeco Insurance Company of America General Insurance Company of America 1001 4th Avenue Suite 1700 Seattle, Washington 98154 RE: Cancellation and release of Collateral — Colorado Sweet Gold/Lafarge North America, Inc., do Martin Marietta Materials, Inc. To Whom it may Concern: Attached hereto, please find the Board of County Commissioners Resolution releasing the Collateral for Colorado Sweet Gold/Lafarge North America, Inc., do Martin Marietta Materials, Inc., in the amount of $180,000.00. 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 #6633246 for $180,000.00. 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/tie/Met.)if," K,:..(/ %//L, Donna J. Bethler, Deputy Clerk to the Board /,�- L 2 / CLERK TO THE BOARD WI ' PHONE (970) 336-7215, Ext. 4227 FAX: (970) 352-0242 P. O. BOX 758 O GREELEY, COLORADO 80632 COLORADO October 23, 2012 Colorado Sweet Gold 8714 State Highway 60 Johnstown, Colorado 80534 RE: Cancellation and release of Collateral — Colorado Sweet Gold/Lafarge North America, Inc., do Martin Marietta Materials, Inc. To Whom it may Concern: Attached hereto, please find the Board of County Commissioners Resolution releasing the Collateral for Colorado Sweet Gold/Lafarge North America, Inc., do Martin Marietta Materials, Inc., in the amount of $180,000.00. If you would like a recorded copy of the resolution, please contact our Clerk and Recorders Office at 970-304-6530. The original Bond #6633246, has been returned to Safeco Insurance Company of America, 1001 4th Avenue, Suite 1700, Seattle, Washington 98154, in the amount of $180,000.00. 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 COM/7MISSIO�NERS By: Donna J. Bech1er, Deputy Clerk to the Board Cc: Martin Marietta Materials, Inc. CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4227 FAX: (970) 352-0242 P. O. BOX 758 O GREELEY, COLORADO 80632 COLORADO October 23, 2012 Attn: David Lemesany Martin Marietta Materials, Inc. 10170 Church Ranch Way Suite 200 Westminster, Colorado 80021 RE: Cancellation and release of Collateral — Colorado Sweet Gold/Lafarge North America, Inc., do Martin Marietta Materials, Inc. Mr. Lemesany: Attached hereto, please find the Board of County Commissioners Resolution releasing the Collateral for Colorado Sweet Gold/Lafarge North America, Inc., do Martin Marietta Materials, Inc., in the amount of $180,000.00. If you would like a recorded copy of the resolution, please contact our Clerk and Recorders Office at 970-304-6530. The original Bond #6633246, has been returned to Safeco Insurance Company of America, 1001 4th Avenue, Suite 1700, Seattle, Washington 98154, in the amount of $180,000.00. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS //4/ Donna J. Becher, Deputy Clerk to the Board �tia\ti° efr �titi 4," y QObr ya�,4p,�°�y XO4, ��,s, Bond No.6633246 O G°v�ti ro,\ yy io^c ''s„,<-111\ MOW ALL MEN BY THESE PRESENTS, that we LAFARGE NORTH AMERICA, INC. 'o4) G° ,e (hereinafter called "Principal"), as Principal, and the 4$\ Cw4 SAFECO INSURANCE COMPANY OF AMERICA a Corporation organized and existing under the laws of the State of WA , and authorized to transact business in the State of CO (hereinafter called "Surety" ), as Surety are held and firmly bound unto BOARD OF COUNTY COMMISSIONERS-COUNTY OF WELD (hereinafter called "Obligee"), as Obligee, in the penal sun of One Hundred Eighty Thousand and 00/100 Dollars ($ 180,000.00 ), good and lawful money of the United States of America for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. SEALED with our seals and dated this 23rd day of July • 2009 • WHEREAS, the above bounden Principal has agreed to certain Site improvements for Colorado Sweet Gold-SPR247(part of the N2 of Section 9, Twp.4 North, Range 67 West of the tan r.m.,Weia county, Sul. hereinafter to become a part of this bond. NOW, THEREFORE, the condition of this obligation is such that if the LAFARGE NORTH AMERICA, INC. shall well and faithfully construct the said improvements in a good and workman-like manner and do and perform the things agreed by it to be done and perfot,lbi in accordance with said plans and letter, or in default thereof shall indemnify BOARD OF COUNTY COMMISSIONERS-COUNTY OF WELD against all loss cost or expense resulting fran its failure so to do, then this obligation shall be void, otherwise to remain in full force and effect. LAFARGE NORTH AMERICA. INC (Princi l BY: Zt1 \12) a4:4). SAFEC INSURANCE COMPANY OF_AMFRICA (Suret ) BY: 1 .3,-1-/ (6' j1.,tAA.A/ Sandra E. Bronson Attorney-in-Fact or �� Safeco Insurance Company of America Lilk, iiberty' POWER Insurance Company of America 10014th Avenue t► Mutual. OF ATTORNEY Suite 1700 Seattle,WA 98154 KNOW ALL BY THESE PRESENTS: No. 5014 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint *SANDRA E.BRONSON;ROSEMARIE CAPONI;RICHARD A.JACOBUS;DENNIS C.LAUSIER;ELIZABETH MARRERO; MAUREEN MCNEILL;WAYNE G.MCVAUGH;MARY C.O'LEARY;ADRIENNE SEAFORD;DOUGLAS R.WHEELER; DARELLA E.WHITE;Philadelphia,Pennsylvania*****************************************************„*****,* its true and lawful attomey(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF 'AMERICA have each executed and attested these presents this 21st day of March 2009 •pa 49,kii Dexter R.Legg,Secretary Timothy A.Mikolajewski,Vice President • CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1570. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the powerof-attomey appointment,executed_oursuant thereto,.and_- - - (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Dexter R.Legg ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile�� sealooff§§§aidd corporation this 3 day of CO v ` pWt� et covton ��CECOAIp� t4RATE � SEAL SEAL PA Rr117 arf 1953�,n4. '2 ren a• 'POI WASL .42i'Mitt- re Dexter R.Legg,Secretary S-0974/DS 3109 lP� WEB PDF A SAFECO INSURANCE COMPANY OF AMERICA erty relit Mutual. FINANCIAL STATEMENT—DE CEMBE16t 31,2008 Assets IdAbllides Cash and Bank Deposits S 267363,750 Unearned Premiums S 666,660,985 *Bonds—U.S Government.............................................13359352 Reserve for Claims and Claims Expense...................1,377,767,462 Funds Held Under Reinsurance Treaties........ 430,979 *Other Bonds........................................................... 2,353,906395 Reserve for Dividends to Policyholders 164,985 *Stocks 281,831,749 Additional Statutory Reserve................................ Real Estate 0 Reserve for Commissions,Taxes and Other liabilities.............................................. 935383360 Agents'Balances or Uncollected Preniums.................557,216,809 Tavel, µ .,, $3,128,407,771 Accrued Interest and Rents.................................... 34,037369 Special Surplus Funds...... S 3,399,995 Other Adnitted Assets........................... ........... 444,517,784 Capital Stock................................ 5000 000 Paid in Surplus 346,118,108 Unassigned Surplus 415307334 Total Admitted Assets. t-92, %3,20 Surplus to Policyholders. ._ .._ 769.825.437 gyp, Total Liabilities and Surplus S:L252,233I10 * Bonds are stated at amortized or investment value;Stocks at Association Market Values. 41:1 Securities carried at$113,984,922 are deposited as required by law. SEAL 195 or I,TIM M KOLAJEWSRI,Vice-President of SAFECO Insurance Company of America,do hereby certify that the foregoing is a true,and correct statement of the Assets and Liabilities of said Corporation,as of December 31,2008,to the best of my knowledge and belief. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Corporation at Seattle,Washington,this 1st day of March,2009. t Dk l t dats 2_a Vice-President S-I 262:309 U.S. Postal Service. `"N CERTIFIED MAIL, RECEIPT in (Domestic Mail Only;No Insurance Coverage Provided) tO For•=livery lnh rmati nvisit• rwe•site>tt www.ue•s.c ma p N Postage $ m p Certified Fee Pk tri) ^ p p Realm Receipt Fee ^ a '1 (EndorsementRequired) - p Restricted Delivery Fee f 0' (Endorsement Required) ) ru N Total Postage 8 Fees C3 Sent To p S2fe lJ_ �z5_L2CliftmerlOa cenera(-i r t` ?reef,Apt No.; ,./ /, or PO Box No. piv__L�_ /76 Qlr.�i/e City.State,ZIPa4 �, c 2 z/e. '&4 9:0/5 4/ SEN IE•: C•M•LETE THIS SECTION C•M•LETE THIS SECmN IN •EuVE•Y IN Complete items 1,2,and 3.Also complete A. Si e r re item 4 if Restricted Delivery is desired. X O Agent ■ Print your name and address on the reverse O Addressee so that we can return the card to you. B. Received by(Printed Name) C.ate . Deery ■ Attach this card to the back of the mailpiece, j ILi 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: O No Sifeao-42o; gemfrrye ime C�ei)erzz/ its, hart �Ofilir(edea /hie 6-2e,ve /-D, a. Berm�Type 6< �� / rJJ'FF.ertifled Mail O Express Mall eaTT/e w,`1 96�7/.J jz O Registered O Retum Receipt for Merchandise O Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7004 2890 0003 5709 8525 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540 Hello