HomeMy WebLinkAbout20091236.tiffRESOLUTION
RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN
REVIEW, SPR #369 - LANOGA CORPORATION, DBA UNITED BUILDING CENTER
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, on March 17, 2004, the Department of Planning Services approved the
application of Lanoga Corporation, dba United Building Center, do Craig Zollner, Branch Manager,
1130 7th Avenue, Greeley, Colorado 80631, for the construction of a building materials center with
an outside storage yard on the following described real estate, to wit:
Lot B of Amended Recorded Exemption #763, being
further described as part of Section 19, Township 6
North, Range 65 West of the 6th P.M., Weld County,
Colorado, and
WHEREAS, on May 26, 2004, the Board of County Commissioner 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 Lanoga Corporation, dba
United Building Center, c/o Craig Zollner, with terms and conditions being as stated in said
agreement, and accepted Subdivision Bond #104321500, drawn on Travelers Casualty and Surety
Company of America, One Tower Square, Hartford, Connecticut 06183, in the amount of
$140,707.00, and
WHEREAS, staff from the Weld County Departments of Public Works and Planning
Services 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 Subdivision Bond #104321500, drawn on Travelers Casualty and Surety
Company of America, in the amount of $140,707.00 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.
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3627512 06/04/2009 11:30A Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
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2009 -1236
PL1723
067o47 /07
CANCEL COLLATERAL - LANOGA CORPORATION, DBA UNITED BUILDING CENTER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 27th day of May, A.D., 2009.
ATTEST: 1ieAll
Wel. County Clerk to the
BY
De
APPROVED AS
David E. Long
Date of signature 512-7! O `1
BOARD OF C Y COMMISSIONERS
ELD CQU�OLORADO
am F. Garcia, Chair
Sea P. Conway
a -
Barbara Kirkmeyer
5
Pro -Tern
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3627512 06/04/2009 11.30!1 Weld County, Co PI -17232 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
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COLORADO
u�F COUNTY
MEMORAND �` "--�S
2133q MM 20 P 2: 58
TO: Board of County Commissioners
DATE: May 20, 2009
FROM: Kim Ogle, Planning Services* '
APPROVED BY: Thomas E. Honn, AICP, Director of Planning Services
SUBJECT: Site Plan Review # 369
Full Release of Collateral
Staff from the Department of Public Works conducted a field inspection on Friday May 1, 2009
and determined that the property was in compliance with all transportation elements as stated in
their referral dated May 1, 2009. Planning Services also inspected the site on this same date
and determined that all non -transportation related items had been completed and were
acceptable.
The Weld County Attorney, the Department of Public Works and the Department of Planning
Services, have determined that the improvements required for an office and warehouse facility
located at Lot B of AmRE-763; being part of the E2 NE4 of Section 19, T6N, R66W of the 6th
P.M., Weld County, Colorado with a situs address of 32825 CR 39, Lucerne, CO, guaranteed by
Subdivision Bond, (Bond Number 104321500) from the Travelers Casualty and Surety Company
of America, One Tower Square, Hartford CT 06183 be released to the applicant's
representative.
PC: R. Hastings, PW
D. Carroll, PW
S. Arries, CA
File: SPR-369
2009-1236
Weld County Planning Department
GREELEY OFFICE
O
WIiDc.
COLORADO
MEMORANDUM
MAY n 4 innq
R.ECEOVED
TO: Kim Ogle, Planning Services DATE: May 1''
,'2009
FROM: Donald Carroll, Engineering Administrator 1Y"
SUBJECT: SPR-369, United Building Center
(Release of Collateral)
In checking the site, we have verified that the transportation portion has been completed to our satisfaction and
recommend release of that portion of the collateral.
All other non -transportation portion item such as landscaping and fencing shall be verified by Planning
Services prior to release.
pc: SPR-369
M:\PLANNING - DEVELOPMENT REVIEW\SPR-Site Plan Review \SPR-369UnitedBuildingCenter.DOC
DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
918 Tenth Street
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE (970) 353-6100, EXT. 3549
FAX (970) 304-6498
May 1, 2009
Ms. Dafna Shalev
Laird Norton Company LLC
801 Second Ave. Suite 1300
Seattle, Washington 98104
Subject: Field Investigation, SPR-369
Dear Ms. Shalev:
The Department of Planning Services and the Department of Public Works visited this property on the
afternoon of Friday May 1, 2009 for the purposes of verifying that the stated improvements have been
completed as required per Site Plan Review 369 and per Board of County Commissioner Resolution
dated May 26, 2004.
The Board of County Commissioners accepted a Subdivision Bond, (Bond Number 104321500) from the
Travelers Casualty and Surety Company of America, One Tower Square, Hartford CT 06183 in the
amount of One hundred forty thousand seven hundred seven (140,707) and no/100s dollars for Dale
Kukowski, Vice President of Lanoga Corporation dba United Building Center, case number SPR-369.
Items covered under this Bond include:
Site Grading
Street Paving
Sidewalk
Retention Ponds
On -Site Sewage Facilities
Fencing
Landscaping Requirements
October 31, 2004
October 31, 2004
October 31, 2004
October 31, 2004
October 31, 2004
October 31, 2004
October 31, 2004
Total Estimated Cost of Improvements and supervision
$ 76567.00
$ 24600.00
$ 3000.00
$ 9183.00
$ 4600.00
$ 13770.00
$ 7500.00
$ 140707.00
The Department of Public Works inspected the property and determined that the transportation line items
have been completed and accepted. The Department of Planning Services inspected the property and
determined that the fencing and landscape requirements had been met, although maintenance of the
landscape is an issue and will require action by future property owners.
Given the findings of the Department of Public Works and the Department of Planning Services, it is the
collective recommendation that the improvements required have been completed. Staff will recommend
to the Board of County Commissioners to release 100% of the monies held for the office and warehouse
facility located at Lot B of AmRE-763; being part of the E2 NE4 of Section 19, T6N, R66W of the 6th
P.M., Weld County, Colorado, having a situs address of 32825 CR 39, Lucerne, CO. The Department of
Planning Services requests in writing a request from the Bond holder their successors, a letter requesting
full release of this Subdivision Bond, (Bond Number 104321500) from the Travelers Casualty and Surety
Company of America, One Tower Square, Hartford CT 06183.
Should you have questions or concerns, please contact myself, Kim Ogle, Department of Planning
Services at 970.353.6100 extension 3549. Thank you.
Sincerely,
Kim Ogle
Planning Services
pc: D. Carroll, Public Works
T. Honn, Planning Services
E. Gesick, CTB
File: SPR-369
Page 1 of 1
Kim Ogle
To: Dafna Shalev
Cc: Kim Ogle
Subject: RE: Improvement Agreement between the County of Weld and Lanoga Corp.
Attachments: Lanoga Corp 05012009.doc
Ms. Shalev:
Please see the enclosed letter.
Should you have any questons or concerns I am available by telephon e or email.
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
From: Dafna Shalev [mailto:Shalev.D@Iairdnorton.com]
Sent: Friday, May 01, 2009 12:50 PM
To: Kim Ogle
Subject: Improvement Agreement between the County of Weld and Lanoga Corp.
Mr. Ogle,
Thanks so much for calling back; if it's possible can you please send me a note stating the status of the
improvements as you detailed it in our conversation.
Thanks so much for your help.
DAFNA SHALEV
Paralegal
Laird Norton Company LLC
801 Second Ave. Suite 13001 Seattle, WA 98104
St 206.501.4519 I fax 206.464.5250
r e-mail: shalev.d@lairdnorton.com
5/1/2009
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
COLORADO
May 27, 2009
LANOGA CORPORATION
DBA UNITED BUILDING CENTER
C/O CRAIG ZOLLNER, BRANCH MANAGER
1130 7TH AVENUE
GREELEY, COLORADO 80631
RE: Cancellation and release of Collateral for Lanoga Corporation, dba United Building Center
Mr. Zoliner:
On May 27, 2009, the Board of County Commissioners approved the cancellation and release of
collateral for Lanoga Corporation, dba United Building Center, in the amount of $140,707.00 as
referenced above. Enclosed is a copy of the Resolution signed by the Board of County
Commissioners. I will forward a copy of the signed and recorded Resolution to you as soon as it
has been recorded. The original Subdivision Bond for $140,707.00 has been returned to Travelers
Casualty and Surety Company of America.
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/A>1.1i1L-fir;
Donna J. Be er
Deputy Clerk to the Board
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
COLORADO
May 27, 2009
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
ONE TOWER SQUARE
HARTFORD, CONNECTICUT 06183
RE: Cancellation and release of Collateral - Lanoga Corporation, dba United Building Center
To Whom it may Concern:
Attached hereto please find the Board of County Commissioners Resolution releasing the collateral
for Lanoga Corporation, dba United Building Center, in the amount of $140,707.00, and the original
Subdivision Bond issued byTravelers Casualty and Surety Company of America, in the amount of
$140,707.00
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 iii)1.4 at
Donna J. Bec er,
Deputy Clerk to the Board
Subdivision Bond
Bond No. 104321500
Travelers Casualty and Surety Company of America
One Tower Square, Hartford, CT 06183
KNOW ALL MEN BY THESE PRESENTS, that we Lanoga Corp dba United Building Centers as Principal, and
Travelers Casualty and Surety Company of America, of Hartford, Connecticut, authorized to do business in the State
of CO, as Surety, are held and firmly bound unto County of Weld, State of Colorado 915 10th St. Box 758 Greeley,
CO 80632, as Obligee, in the sum of One hundred forty thousand seven hundred seven Dollars ($140,707), lawful
money of the United States of America, for which payment well and truly to be made we bind ourselves, our heirs,
executors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION IS SUCH THAT, if the above bounden Principal shall in all things stand to and
abide by, and well and truly keep and perform, all covenants, conditions and agreements contained in an Agreement with
the said Obligee as is more specifically set forth in said Agreement, to which reference is hereby made and more fully
described below:
Agreement dated April 21, 2004 for a subdivision entitled LOT B of RE0803-19-1 AMRE 763, SECTION 19, TOWNSHIP
6N, RANGE 65 WEST Also known as 32825 wcr 39 Lucerne, CO, Resolution No. __ , Block _ , Lot(s) ___.
IT IS FURTHER UNDERSTOOD AND AGREED that the period of this bond shall be from April 1, 2004 to October 31,
2004. The Surety's liability is limited to claims made during the term of the bond and shall not exceed in the aggregate the
penal sum of the bond specified herein.
This bond will not respond to any liability which arises from design, maintenance or efficiency guarante
SIGNED, SEALED AND DATED this 3rd day of May, 2004
By:
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Dale
ukow
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TraveCasualtyfrty Company of America
Data 8fein, Attorney
-3339 (01-00)
CORPORATE ACKNOWLEDGEMENT
STATE OF MINNESOTA
COUNTY OF WINONA
On this 4th day of May
, in the year 2004
before me Steven Edward Badciong , Notary Public,
personally appeared Dale Kukowski
personally known to me (or proved tome on the basis of satisfactory evidence) to be the person (s) who
executed this instrument as Vice President on behalf of the
corporation herein named and acknowledged to me that the corporation executed it; that he (she) knows
the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it
was so affixed by order of the Board of Directors of the said corporation, and that he (she) signed his (her)
name to the said instrument by like order.
STEVEN EDWARD BADCIONG
NOTARY PUBLIC - MINNESOTA
WINONA COUNTY
My Commission Expires Jan. 31, 2005
dotary Public, Residing at Winona C.un
Minnesota
ommission Expires: January 31, 2005
SURETY ACKNOWLEDGEMENT (ATTY-IN-FACT)
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this 3rd day of May in the year two thousand and four, before me, Gloria S. Carlson , a Notary Public
in and for said County and State, residing therein, duly commissioned and sworn, personally appeared
Dan Stein, known to me to be the duly authorized Attorney -in -Fact of the TRAVELERS CASUALTY
AND SURETY COMPANY OF AMERICA and the same person whose name is subscribed to the within
instrument as the Attorney -in -fact of said Company, and the said Dan Stein duly acknowledged to me that
he subscribed the name of the I _ RAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
thereto as Surety and his own name as Attorney -in -fact.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in
this Certificate first above written.
My Commission Expires:
.4', ) Leji4a___
Notary Public
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") bath made, constituted and appointed, and do by these
presents make, constitute and appoint: Donald W. Harer, Barbara G. Sands, Dan Dohse, Dan Stein, Gloria Carlson, Joy
Bombardo, Sara Range, Ruthann Burford, Paul J. Gregoire, Brian J. Oestreich, Sarajane Trapp, John M. Small, Judith A.
Seidl, Lisa M. Slakes, Teresa M. Henry, Gina Banks Eanes, Jill M. Howe, Frank Phillips, Barbara Byrne, Catherine
Bruneteau, Janet C. Lamoureux, Stephanie J. Watts, Barbara K. Bussen, Mark S. Costello, Kathy Burgoyne, Jenna Ilalonen,
Brent McBeath, of Minneapolis, Minnesota; Brookfield, Wisconsin; Omaha, Nebraska; West Des Moines, Iowa, their true
and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within
the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of
indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents
incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized
officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now
in full force and effect:
VOTED: 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.
VOTED: 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.
VOTED: 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 scaled 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.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: 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 upon the Company in the future with respect to any bond or
undertaking to which it is attached
(11-00 Standard)
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 17th day of December, 2003.
STATE OF CONNECTICUT
)SS Hartford
COUNTY OF HARTFORD
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
9 �
HARTFORDA Orb O By
', CONN.
r°
61 'N
s
George W. Thompson
Senior Vice President
On this 17th day of December, 2003 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
CERTIFICATE
My commission expires June 30, 2006 Notary Public
Marie C. Tetreault
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth
in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 3 r d day of
nay ,2004
By��l
Mori M. Johanson
Assistant Secretary, Bond
•
Travelers
IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE
COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act"). The Act
establishes a short-term program under which the Federal
Government will share in the payment of covered losses caused by
certain acts of international terrorism. We are providing you with
this notice to inform you of the key features of the Act, and to let
you know what effect, if any, the Act will have on your premium.
Under the Act, insurers are required to provide coverage for certain
losses caused by international acts of terrorism as defined in the
Act. The Act further provides that the Federal Government will pay
a share of such losses. Specifically, the Federal Government will
pay 90% of the amount of covered losses caused by certain acts of
terrorism which is in excess of Travelers' statutorily established
deductible for that year. The Act also caps the amount of terrorism -
related losses for which the Federal Government or an insurer can
be responsible at $100,000,000,000.00, provided that the insurer
has met its deductible.
Please note that passage of the Act does not result in any change
in coverage under the attached policy or bond (or the policy or bond
being quoted). Please also note that no separate additional
premium charge has been made for the terrorism coverage
required by the Act. The premium charge that is allocable to such
coverage is inseparable from and imbedded in your overall
premium, and is no more than one percent of your premium.
ILT-1018 (2/03)
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