HomeMy WebLinkAbout20113250.tiff of
RESOLUTION
RE: APPROVE PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY
SPECIAL REVIEW PERMIT #1723 - CEDAR CREEK II, LLC, CIO 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
1111111111111111111111111111111111 111111111111111111111 PV--)
3819098 01/20/2012 11:59A Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 1- D`D-I a 2011-3250
PL2059
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 release of a portion of said collateral, in the
amount of$1,040,951.00, and retaining $87,521.00,to serve as Warranty Collateral for a period of
one year from the date of approval.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that a Wired Transfer of Funds, in the amount of $1,040,951.00, be wired to
Deutsche Bank Trust Company Americas, and hereby is, canceled and released, retaining
$87,521.00 as Warranty Collateral.
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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 19th day of December, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
"ID COUNTY, CO QRADO
ATTEST: ✓( �?,
arbara Kirkmeyer, air
Weld County Clerk to the Board
/ ��i %•e n P. Cow , Pro-Tem
Deputy Clerk to the Boa Frei I -" < 1♦�% /�'
' m F. Gar is
Prr
AP ED ORM: ®
♦�d9 David E. Long
s F' Attorney a v�
Dougla Rademacher
Date of signature: ( 3//2
IIIIII IIIII 1111111 IIII II 11111111111n1111101 III IIIII 11111111
3819098 01/20/2012 11:59A
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
2011-3250
PL2059
MEMORANDUM
TO: Clerk to the Board
1861 - 2011
DATE: 12/15/2011
FROM: Richard Hastings, Public Works Department
W E L DEC O U N T Y SUBJECT: BOCC Agenda Item: Partial Release of Collateral
Cedar Creek II, LLC, C/O BP Wind Energy North
1IIL����J�I America—(USR-1723)
(PL2059,#2010-1393)
Request for Partial Release of Collateral:
The Department of Public Works received a request from the applicant, Eric Stidman/Cedar Creek
II Holdings LLC, requesting the partial release of collateral and to begin the one-year warranty
period, for the improvements to the site, located at CR's 132 and 135.
Weld County Public Works Department had previously performed a site inspection, at the above
mentioned site, and observed the following:
• All Public Works transportation related items on Exhibits B & C, of the Improvements
Agreement, Document#2010-1393, have been completed and are found to be acceptable.
Weld County Collateral List:
Cedar Creek II, LLC, c/o 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
Recommendation:
The Departments of Public Works and Planning Services are recommending partial release of
collateral, as shown above from the Weld County Collateral List, in the amount of $1,040,951.
Weld County will retain a balance of$87,521 to serve as Warranty Collateral for a period of one
year from the date the Board of County Commissioners approves this request. Weld County will
wire transfer the net funds of $1,040,951 to the applicant's requested financial institution;
Deutsche Bank Trust Company Americas.
pc: Dave Bauer,Weld County Public Works
Chris Gathman,Weld County Planning Services
2011-3250
M.APLANNING—DEVELOPMI-:NT REVIEWVUSR-Use by Special Rev lewAUSR-1723 RI'Cedar Creek llAAgreementsVPartial Collateral Release
(Cedar Creek II (JSR-1723)-MEMO.docx
Zahn, Kristie
From: Zahn, Kristie
Sent: Tuesday, December 13, 2011 1:09 PM
To: Richard Hastings (rhastings@co.weld.co.us); dbauer@co.weld.co.us;
bbarker@co.weld.co.us
Cc: Rigo, Michael; Stidman, Eric B.; Randolph, Kimberly; Clark, Shakeria
Subject: Request for Release of Collateral for Cedar Creek II, LLC
Attachments: 11-03-24Blattner.pdf; Road Improvements Collateral.pdf
Good Afternoon,
I hope this email finds all of you well and ready for a great New Year!
I am writing to submit a formal letter requesting the release of collateral related to: Road Maintenance, Road
Improvements, On-Site and Temp Met Tower. You will find, on the second page of the letter, wiring instruction for the
release of funds.
Attached, please find (1)a letter from Curtis Hall at the Public Works Department submitted to Craig Arneson of Blattner
Energy (Cedar Creek II, LLC's BOP Contractor) stating that"the roads have been left in an acceptable condition" and (2)
the letter requesting release of collateral.
I will also send these documents,via FedEx, to the following addresses. Please let me know if these need to be updated.
Weld County Department of Public Works
1111 H Street
P.O. Box 758
Greeley, Colorado 80632-0758
Attn: County Engineer
Weld County Attorney's Office
915 Tenth Street
P.O. Box 758
Greeley, Colorado 80632
Attn: Weld County Attorney
Please let me know if any of you have questions, comments or concerns.
Thank you,
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
1
1861 - 2011
PUBLIC WORKS DEPARTMENT
1111 H STREET
P.O. BOX 758
W E L 1 e O N T Y GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
March 25, 2011
Mr. Craig Arneson
Blattner Energy
392 County Road 50
Avon, MN 56310
Dear Mr. Arneson:
This letter is a follow-up to our drive thru of the Wind Farm project located in northeast Weld
County, March 24, 2011. The roads used during the construction of the wind farm have been left
in an acceptable condition to Weld County Public Works. We anticipate no major problems with
the roads and you are stock piling enough gravel at our nearest gravel pit to accommodate future
road repairs that may occur due to damage during construction.
I will pass along my evaluation of the roads to our staff at public works and they can assist you in
the procedure for the release of collateral.
cerely,
mils Hall
Public Works Supervisor
pc: Pat Persichino, Director
Dave Bauer, County Engineer- Development
CEDAR CREEK II, I.I.C
October 12, 2011
Weld County Department of Public Works
1111 H Street
P. O. Box 758
Greeley, Colorado 80632-0758
Attn: David Bauer, County Engineer
Re: Request for Release of Road Maintenance Collateral at$500,000
Request for Release of Road Improvements Collateral at$248,360
Request for Release of On-Site Collateral at$335,112
Request for Release of Temp Met Tower Collateral at $45,000
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 and, subject to the County's retention of certain funds
as requested below, Cedar Creek II respectfully requests that the County release the
Road Maintenance Collateral, the Road Improvements Collateral, the On-Site Collateral
and the Temporary Met Tower Collateral in the aggregate amount of$1,128,472.
The Applicant also respectfully requests that the County retain an aggregate amount
equal to $87,521 for the Road Improvements Warranty Collateral ($37,254) and the On-
Site Warranty Collateral ($50,267). Please wire the net funds ($1,040,951) in
accordance with the instructions attached hereto as Schedule A.
If you have any questions, concerns or require any additional inspections, then please
do not hesitate to give me a call.
Best Regards,
1
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, 32rd Floor
Houston, TX 77002
Office: 713-354-2165
Email: eric.stidman@bp.com
Cc: County Attorney- Bruce Barker
Project Attorney-Matthew Cohen
Attachments: As-Built drawings for Road Improvement
As-Built drawings for On-Site Improvements
Schedule A
Wire Instructions
Deutsche Bank Trust Company Americas
SWIFT: BKTRUS33
ABA: 021001033
A/C Number:01419647—TSS Corporate Trust
FFC: Port $63886-001.1
Attn: Elizabeth Baldyga/Estelle Lawrence
1861 - 2011
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4227
FAX: (P 0) 352-0242
P. BOX O. BOX 758
WELD_- _COUNTY GREELEY, COLORADO 80632
u
January 18, 2012
Attn: Kristie Zahn
BP Wind Energy North America, Inc.
700 Louisiana, 33'° Floor
Houston, Texas 77002
RE: Partial Cancellation and release of Collateral for Cedar Creek II, LLC, c/o BP Wind Energy
North America, Inc, USR#1723
Ms. Zahn;
On December 19, 2011, the Board of County Commissioners approved the partial cancellation and
release of collateral for Cedar Creek II, LLC, c/o BP Wind Energy North America, USR#1723, in the
amount of$1,040,951.00, as referenced above, and retained$87,521.00,which shall be retained for
one (1) year as warranty collateral. Enclosed is a copy of the Resolution signed by the Board of
County Commissioners. If you would like to receive a recorded copy of the resolution,please contact
the Recording Department at Weld County Government. The amount of$1,040,951.00 was wired
to Deutsche Bank Trust Company Americas on January 18, 2012.
If you have questions or need additional information, please do not hesitate to contact me at(970)
356-4000, Extension 4227.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
By: (/l (�
Donna J. Be hler
Deputy Clerk to the Board
Donna Bechler
From: Donna Bechler
Sent: Friday, January 13, 2012 11:48 AM
To: 'kristie.zahn@bp.com'
Subject: Partial Release of Collateral for USR#1723
Kristie,
I am writing to let you know the request for a wire transfer to Deutsch Bank Trust Company Americas in the amount of
$1,040,951 will be sent to the Weld County Treasurer on January 16th, so you can expect the transfer to occur within a
short amount of time after that. I will be sending you a letter in the mail, along with a copy of the Resolution, partially
releasing the collateral for Cedar Creek II, LLC, c/o BP Wind Energy North America, Inc, and authorizing the wire
transfer.
Let me know if you have any questions.
Donna Bechler
Deputy Clerk to the Board
1150 O Street
P.O. Box 758
Greeley, Colorado 80632
970-336-7215 Ext 4227
66i _ 10
WE; !CO U H'T
u6_
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1
Donna Bechler
From: Renee Fielder
Sent: Wednesday, January 18, 2012 12:54 PM
To: Donna Bechler; Chris D'Ovidio
Subject: FW: CEO Portal Activity Summary
I have sent the wire out for Cedar Creek II, LLC, and it has left our bank - see below!
Renee Fielder
Assistant Treasurer
Weld County Treasurers Office
1400 N 17th Avenue, PO Box 458,
Greeley, CO 80631
970-353-3845 x-.3257
rfielder(ako.weld.co.us
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: Wells Fargo Event Messaging Admin [mailto:ofsrep.ceoemigw(0wellsfargo.com]
Sent: Wednesday, January 18, 2012 11:08 AM
To: Renee Fielder
Subject: CEO Portal Activity Summary
Dear RENEE FIELDER,
These are your Event Messaging notifications.
Commercial Electronic Office (CEO) Portal Treasury Information Reporting Event: Outgoing Wire
One or more wire transfers have been sent from your account(s) .
Date/Time Stamp: 01/18/2012 09:08 AM PT
Debit Account Number: XXXXXXX-375
Debit Account Name: WELD COUNTY COLORADO
Wire Amount: 1,040,951.00 USD
Value Date: 01/18/2012
Beneficiary Name: BKTRUS33
Fed/SWIFT Confirmation Number: 0118I1B7031R019952
For more information about this event, please sign on to the CEO portal.
Event Message ID: 018-9302536
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