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
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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
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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