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HomeMy WebLinkAbout20100058.tiff 142 RESOLUTION RE: APPROVE PARTIAL CANCELLATION AND RELEASE OF COLLATERAL AND ACCEPTANCE OF REPLACEMENT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#1584 -GERRARD FAMILY LIMITED PARTNERSHIP, LLLP 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 14, 2007,the Board approved the application of Gerrard Family Limited Partnership, LLLP, 1739 South County Road 13C, Loveland, Colorado 80537, for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial and Industrial Zone Districts (construction business with two shop buildings, an office, and outdoor storage) in the A (Agricultural) Zone District on the following described real estate, to wit: Part of the SW1/4 of Section 18, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on September 17, 2007,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 Gerrard Family Limited Partnership, LLLP, with terms and conditions being as stated in said agreement, and accepted Subdivision Performance Bond #104773587, from Travelers Casualty and Surety Company of America, One Tower Square, Hartford, Connecticut 06183, in the amount of $70,920.27, and WHEREAS, on April 6, 2009, the Board accepted Subdivision Performance Bond Rider #104773587, drawn on Travelers Casualty and Surety Company of America, in the amount of $29,996.40, effective April 1, 2009, for the remaining on-site improvements. WHEREAS,staff from the Weld County Departments of Planning Services and Public Works have conducted a visual inspection and recommend release of a portion of said collateral in the amount of$26,756.94 WHEREAS, the Board has been presented with an additional Rider to Subdivision Performance Bond Rider #104773587, drawn on Travelers Casualty and Surety Company of America, in the amount of $3,239.46, effective November 1, 2009, for a period of one year as warranty collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the Rider to Subdivision Performance Bond#104773587, drawn on Travelers Casualty and Surety Company of America, be, and hereby is accepted, reducing the collateral from $29,996.40, down to $3,239.46. I IIIIII VIII Mill III'VIII HIE VIII III VIII 'Hill 2010-0058 3673142 02/01/2010 11:24A Weld County, CO PL1872 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder CANCEL COLLATERAL - GERRARD FAMILY LIMITED PARTNERSHIP, LLLP PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of January, A.D., 2010. BOARD OF COUNTY COMMISSIONERS /� WELD COU V, e ORADO ATTEST: y c {ap ,[/� E a D ug�las#Rademach �;Chair It Weld County Clerk to the tar a s . ( i ,) :_ _:L :. •.ara Kirkmeyer, Pr.-Tem Deputy Cler tote ry \,:(.9// IA Sean PT yy �- APPROVED A,S TS FORM: RIj %(- f� Wiliam F. Garcia County ttorney Qv,.V v cji' David E. Long Date of signature: //<2-?22%D I 11111111111 IOU /III 11111111111111111111 111111111 /III 2010-0058 PL1872 3673142 02/01/2010 11:24A Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Memorandum TO: Clerk to the Board Office Board of County Commissioners C. DATE: January 6, 2010 COLORADO FROM: Brad Mueller Department of Planning Services RE: Partial Release of Collateral USR-1584 (Gerrard, Construction facility) The Department of Planning Services has received a request for partial release of collateral held for the Gerrard Family construction business (File No. USR-1584), currently held in the amount of $29,996,40. The Board granted partial release of a larger bond amount earlier in March of this year. This request is being made after completion of various required improvements. At this time, Public Works has determined that all public works related items are complete; Planning has determined that most landscaping improvements are complete, and has accepted the owner's request that the remaining items be completed concurrent with construction of an approved office building and parking lot. The office building and parking have not been built yet, and are not scheduled for construction at this time due to economic conditions. Planning Services and Public Works have reviewed this request and support the release of collateral,with retention of the Warranty Collateral until November 1, 2010. The replacement Bond will be in the amount of$3,239.46. 2010-0058 1 dIrlirigi a MEMORANDUM TO: Kim Ogle, Planning Services W� IDATE: 1/4/2010 �• FROM: Richard Hastings, Public Works Department COLORADO g ' p SUBJECT: Partial Release of Collateral Gerrard Family Limited Partnership, LLLP (PL1872 #2007-2931) USR #1584 Request for Partial Release of Collateral: The Department of Planning Services received a request from the applicant, Nathan Gerrard, requesting an inspection of the property in order to obtain the partial release of collateral and to begin the one-year warranty period. Weld County Public Works Department performed a site inspection on 10/22/09, 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 (Private Road Maintenance) Document # 2007-2931, have been completed and are found to be acceptable. Weld County Collateral List: Gerrard Family Limited Partnership, LLLP (PL1872 #2007-2931) USR #1584 - On-Site Imps Agrmt. Private Road Maintenance Subdivision Bond #104773587, Travelers Casualty and Surety Co. No Expiration Listed $70,920.27 Partial Release (2009-0803) 40.293.87 Rider received. Effective 04/01/09 $29,996.40 Warranty Collateral: $29,996.40 - $8,400.00 (Landscaping-Exhibit A) = $21,596.40 X 15% = $3,239.46 Collateral to be released: $29,996.40 - $3,239.46 = $26,756.94 Recommendation: The Department of Public Works is recommending partial release of collateral, as shown above from the Weld County Collateral List, in the amount of$26,756.94 Replacement collateral of $3,239.46 will serve as Warranty Collateral for a period of one year from the date the Board of County Commissioners approves this request. Any non-Public Works-related items should be verified by Planning Services prior to collateral release. C:\Documents and Settings\dbcchler\Local Settings\Temporary Internet Files\Content.Outlook\HDO4AU84\USR-1584 Gerrard Excavating Partial Release-MEMO-(I-4-09).docx Travelers Casualty and Surety Company of America TRAVELERS J Hartford, CT 06183 RIDER7 \S To be attached to and form part of Bond No. _104773587 Issued on behalf of Gerrard Excavating, Inc. , .Principal, and in favor of County of Weld, Colorado , as Obligee It is agreed that: 1. The Surety hereby gives its consent to change : from: to: 2. The Surety hereby gives its consent to change the Address from: to: 3. The Surety hereby gives its consent to change the bond limit--- from: $29, 996.40 to: $3, 239.46 4. This rider shall become effective as of November 1, 2009 . PROVIDED, however, that the liability of the Surety under the attached bond as changed by this Rider shall not be cumulative. Signed, sealed and dated this 28th day of December, 2009. Travelers Casualty and Surety Company of •a BY E P2P.IJ�—_ County of Weld, Colorado nee Stein, Attorney-in-Fact Accepted: or Obligee Gerrar 'xcava mg, Inc. By: 4,r rh r Principal WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER a POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 220225 Certificate No. 0029 60087 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Christine A.Herbert,Steven J.Ewing,Bryan K. Brenning,and Renee Stein of the City of Loveland , State of Colorado ,their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or perwittednn any'adtions or proceedings allowed by law. 24th IN WITNESS WHEREOF,the Companies have caused this instrinuentto`be signed and their corporate seals to be hereto affixed,this April day of ,Ln Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guarantylnsurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty InsuranceUnderwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America ���y St.Paul Fire a�nn,�d4�Marine Insurance Company United States Fidelity and Guaranty Company Ako �X ( r7! rr ' :'' ut'M—i 94t+ yaa....s 4y Its nxo L< C hYY + AL f 44 e'a4ron tie s 'l:..Ih' 't r o l f4l4i^ ®' u 19636 o r '+yN. 1 W>$t>,.r - u pt" •s ''�CP :SE ALr7 V.SEAM`z° m®f (e... (P' 'Mb d^" �r 4� M' OGfRaF �F"u<f 1S ANi 1 I b •• Pt, State of Connecticut By: �'• City of Hartford ss. Georg Thompson, '-nior ice President On this the 24th day of April 2009 before me personally appeared George W. Thompson,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company, and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. �a"' ` `• \W°V' C . �'R�'" — ' My Commission expires the 30th day of June,2011. * soo,L G * \\\Marie C.Tetreault,Notary Public lri COs 58440-5-07 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President,any Senior Vice President,any Vice President, any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary:or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company,of-America;and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said'Companies,which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 28th day of December 20 09 !.JohansAssistantSecretryC, ' s,n iIWW811Hi 9 rr `Na t. o' y, ®� �A z r+i *'•-' rF 6 i .‘4.C.1.2% �O - o; o. o�`'�x L9 Fyba+rp Y,iAm p �/ P1.2 W�ppYFIJr, ) 1983 a 1951 o qt, 27 e z i vSBAL i 5 .`�fo. �SEAL/e� p sy r' N� ��`attWW' 'rs:Aw ei yr F' tl` M' AIX To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Donna Bechler From: Kim Ogle Sent: Wednesday, December 30, 2009 8:32 AM To: ingerrard@gerrardmc.corni; Brad Mueller Cc: Donna Bechler; Kim Ogle; Richard Hastings Subject: RE: Collateral Release Please submit to Donna Bechler, Deputy Clerk to the Board, Post Office Box 758, Greeley, Colorado 80632 Thank you. Kim Ogle Weld County Planning Services - Greeley Office 918 Tenth Street I Greeley CO 80631 I kogle@co.weld.co.us T: 970.356.4000 x 3549 I F: 970 304 6498 I C: 970.302.2875 Original Message From: Nathan Gerrard [mailto:ngerrard@gerrardinc.com] Sent: Wednesday, December 30, 2009 8:13 AM To: Brad Mueller Cc: Kim Ogle Subject: RE: Collateral Release I have the bond rider ready for submittal. Where and to whom should I send it? Nathan Gerrard Gerrard Excavating, Inc. ngerrard{9gerrardinc.com 1739 S. County Rd 13C / Loveland, CO 80537 / office 970.669.1463 / fax 970.669.0593 Original Message From: Brad Mueller [mailto:bmueller@co.weld.co.us] Sent: Monday, December 28, 2009 7:43 AM To: ngerrard@gerrardinc.com Cc: Kim Ogle; Brad Mueller Subject: FW: Collateral Release Nathan, Public Works has considered your request to waive the conditions of the Improvement Agreement regarding the one-year warranty collateral and determined that a waiver cannot be granted. Given my eminent departure with the County, please coordinate scheduling of the partial collateral release with Kim Ogle in our office. As we discussed prior to your waiver request, a Letter of Credit (per the standards I forwarded) or reissuing of the bond is needed before we can schedule this with the Board. 1 Nathan, it's been a pleasure working with you, and I wish you continued success with your business. Best regards in the New Year. Brad Original Message From: Richard Hastings Sent: Tuesday, December 22, 2009 2:48 PM To: Brad Mueller Cc: David Bauer; Don Dunker; Donald Carroll; Clayton D. Kimmi; Heidi Hansen; Kim Ogle Subject: RE: Collateral Release Brad, Following staff review, Public Works requests that the participant adhere to the stipulations found within the attached email dated 11-6-09. Specifically, "As-built" Plans and the one-year Warranty Collateral need to be submitted. Let me know if you need anything else. Thanks, Rich Hastings Weld County Public Works/Engineering Dept. 1111 H Street (Site Address) P.O. Box 758 (Mailing Address) Greeley, CO 80632-0758 Office:(970) 304-6496 EXT. 3727 Cell: (970) 381-3767 rhastings@co.weld.co.us Original Message From: Brad Mueller Sent: Monday, December 21, 2009 12:12 PM To: ngerrard@gerrardinc.com Cc: Richard Hastings; David Bauer; Kim Ogle Subject: RE: Collateral Release we are fairly bound by the contract (Improvements Agreement) that you signed, as well as the County Code. However, I will forward this to Public Works for their input. Rich and Dave, please comment. Brad 2 From: Nathan Gerrard [mailto:ngerrard@gerrardinc.com] Sent: Monday, December 21, 2009 11:18 AM To: Brad Mueller Subject: RE: Collateral Release Brad, I was contemplating asking if there was any way this requirement may be waived. The only thing we are guaranteeing is the asphalt in the driveway. The subgrade has been in place for over two years now and hasn't moved an inch. It is very unlikely that the asphalt itself would catastrophically fail. If it did we would have no choice but to repair it since it is our only access. Regardless, it is our driveway, not part of a subdivision and not an improvement that any way affects the public. Bond or LOC, I still have to pay a minimum flat fee and we both have to go through all of the paperwork shuffle. Let me know what you think. Nathan Gerrard Gerrard Excavating, Inc. ngerrard@gerrardinc.com <mailto:ngerrard@Rerrardinc.com> 1739 S. County Rd 13C / Loveland, Co 80537 / office 970.669.1463 / fax 970.669.0593 From: Brad Mueller [mailto:bmueller@co.weld.co.us] Sent: Monday, December 21, 2009 10:59 AM To: ngerrard@gerrardinc.com Subject: RE: Collateral Release Nathan, I know that the holidays are a terrible time . . . Did you secure a Letter of Credit? If so, I can schedule the Board hearing. After next week, however, you'll be working with someone else here, because I'll be gone after that. Brad 3 Donna Bechler From: Donna Bechler Sent: Monday, January 04, 2010 1:04 PM To: Kim Ogle; Richard Hastings Subject: Gerrard Excavating Kim and Rich, I have received a rider from Travelers Casualty and Surety Company for Gerrard Excavating, (USR 1584)changing the Bond amount from $29,996.40 to $3,239.46. Do you have the paperwork I need in order to place this on the agenda? Thanks. DONNA J. BECHLER Deputy Clerk to the Board Weld County, Colorado 915 10th Street Greeley, Colorado 80631 (970) 356-4000 Ext. 4227 (970) 352-0242 (fax) Website: www.co.weld.co.us Email: dbechler@co.weld.co.us 1 1 8 6 1 - 2 0 1 1 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 . GREELEY, COLORADO 80632 WELD__-COUNTY February 2, 2011 Attn: Renee Stein Travelers Casualty and Surety Company of America One Tower Square Hartford, Connecticut 06183 RE: Surety Bond Rider#104773587 for Gerrard Excavating, Inc. Ms. Stein: This letter shall act as a reminder to you of your obligations to the Board of County Commissioners of Weld County under the above-referenced Surety Bond Rider. As you are aware, on the 28th day of December, 2009, Travelers Casualty and Surety Company of America, issued a Surety Bond Rider on behalf of Gerrard Excavating, Inc., naming the Board of County Commissioners of Weld County, Colorado, as beneficiary. The original bond was set for $29,996.40, and the dollar amount of the Surety Bond Rider was established at Three Thousand, Two Hundred Thirty-Nine and 46/100 ($3,239.46). The terms of the Surety Bond Rider became effective November 1, 2009, as one-year Warranty Collateral. Gerrard Excavating has not completed the stipulations that were included in the Improvements Agreement. The Department of Public Works still requires the "as-builts" to be completed before the collateral can be released. I will also be sending a copy of this letter to Gerrard Excavating, Inc., If you have any questions regarding this letter or your obligations under the Surety Bond Rider, or if you disagree with any of the statements contained herein, please call Donna Bechler, at 970-356-4000, ext. 4227, or Esther Gesick, ext. 4226. Very truly yours, Bruce T. Barker Clerk to the Board Deputy Clerk to the Board ,(2 / %� pc Gerrard Excavating, Inc. LAC/1) --(r 5� rhastinas(co.weld.co.us Original Message From: Donna Bechler Sent: Tuesday, February 01, 2011 4:02 PM To: Richard Hastings; Donald Carroll; Tom Parko; Heidi Hansen; Josh Holbrook; David Bauer; Chris Gathman; Kim Ogle; Stephanie Arries Cc: Esther Gesick Subject: Collateral Renewals Hi. Going over the collateral list, I've found several that need to be looked at: 4—Gerrard Family Limited Partnership expired 11/01/10. On 7/22/10, I have a notation that a final inspection was to take place in October, but I haven't heard anymore about that one. Public Works: Still require "As-builts" before final release of collateral. Loveland Peaks, LLC (there are 2 accounts) They expired 05/04/2010 with auto renewal. Are these okay or do they need to be notified? Public Works: Both still need to be maintained so they need notification. First item is for on-site improvements and they are still in the process of starting this sub-division. Second item is for off-site improvements to WCR 3 and needs to be maintained until the improvements take place or until 6/17/2019, whichever occurs first. Mile High Dairy Theirs expired 06/01/10 with auto renewal. I didn't hear anything from the bank when I sent them a letter on 3/19/2010. Public Works: Collateral is for landscaping and fencing which is all Planning related issues. Planning will need to inform you on the status of this collateral item. Saddler Arena Expired 09/06/07 with additional year unless 60 days notice. Is this one still okay? Public Works: They are in the process of sending 15% Warranty Collateral and should arrive shortly. No need to send notification, at this time. Sem Crude I sent a letter to the insurance company in October, 2010, and I received a call saying I had a 2009 date on it, and I explained I had used an old letter as a shell, and forgot to change the date. However, we never received an extension on the termination date. 2 Hello