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Home My WebLink About20092872.tiffRESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR #366 - OCON GROUP, LLC 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 February 20, 2004, the Department of Planning Services staff approved the application of OCON Group, LLC, c/o John O'Connor, P.O. Box 903, Longmont, Colorado 80502, for an Indoor and Outdoor Self Storage Facility on the following described real estate, to wit: Lot 1, Block 3, Western Dairymen Cooperative; being part of Section 10, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on November 29, 2004, 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 OCON Group, LLC, c/o John O'Connor, with terms and conditions being as stated in said agreement, and accepted Subdivision Bond AO30612, and Change Rider, drawn on the Bond Safeguard Insurance Company, 1919 South Highland Avenue, Building A, Suite 300, Lombard, Illinois 60148, in the amount of $83,700.00, and WHEREAS, on October 28, 2009, the Board was presented with a recommendation from the Department of Planning Services to release said collateral, due to the fact that Mr. O'Conner requested this case be withdrawn in March, 2006, and the action was not completed at that time, and WHEREAS, at said meeting the Board deemed it advisable to continue the matter to November 2, 2009, to allow Planning Services staff adequate time to draft a letter for inclusion in the file recognizing the withdrawal request and indicating the staff approval of February 20, 2004, is no longer recognized. WHEREAS, on November 2, 2009, upon evidence of a letter from staff to be included in the file as requested, the Board deemed it advisable to release said collateral. 11111111111111111111111111111 I I 11111111 1 1 1 11111 1111 1111 3661574 11/24/2009 11:51A Weld County, CO 1 of 2 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 2009-2872 PL1755 ///3O/6"% CANCEL COLLATERAL - OCON GROUP, LLC (SPR-366) PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Subdivision Bond AO30612, and Change Rider, drawn on the Bond Safeguard Insurance Company, in the amount of $83,700.00 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of November, A.D., 2009. OARD OF COUNTY COMMISSIONERS ELD _OUNTflOLORADO Weld County Clerk to the Bo BY: \t(LI c.Ci (1til(1l Deputy Cleo the Board ) APPROVED AS TO FORMS y Attorney Date of signature: II I C(1 Sean P. Conway era Kirkmey David E. Long I 111111 Ill 111111111111 IIIII III 1111111 111 11111 IIII VIII 3661574 11/24/2009 11:51A Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2009-2872 PL1755 p‘&4t4 Wilk COLORADO MEMORANDUM TO: Board of County Commissioners DATE: October 26, 2009 FROM: Kim Ogle, Planning Services SUBJECT: OCON Group, LLC Site Plan Review #366 Release of Subdivision Bond A030612 Bond Safeguard Insurance Company c/o John O'Connor, Applicant The applicant John O'Connor with the OCON Group, LLC requested staff action on SPR-366 in March 2006. The request was for withdrawal of case number SPR-366 and a request for full release of collateral for the project. This action was not completed. Planning Services received electronic correspondence from Mr. John O'Connor requesting the same on October 24, 2009. Given that the project has been withdrawn, it is the recommendation of the Department of Planning Services to release to Mr. O'Connor with the OCON Group, LLC the Subdivision Bond A030612 from the Bond Safeguard Insurance Company in the amount of eighty-three thousand seven hundred ($83,700.00) and no/100s. The Department of Planning Services requests your support in this request. Clerk to the Board's Notes: OCON Group, LLC (PL1755, 2004-3407) SPR #366 - Western Dairymen Cooperative. Imps Agrmt, John O'Connor. Subdivision Bond A030612 from Bond Safeguard Insurance Company No Expiration Listed Received call from Mr. O'Conner 8/31109. He thinks this was cancelled In 2005 or 2006 He just received a bill from the Bond co for $8,000.00 because of the letter they received from us in June $83,700.00 2009-2872 Kim Ogle From: OCON Group [ocon@ocongroup.com] Sent: Saturday, October 24, 2009 11:56 AM To: Kim Ogle Subject: Hwy 119 withdrawal Attachments: hwy 119 w-draw.doc Hello Kim Thanks for the return call. The issue is this project was cancelled in March of 2006, and no work had ever begun. Subsequent to the spr 366 admin approval we went through a replat process and Jacqueline suggested we terminate the project and start over after the replat was completed. Please find attached the termination letter sent to Jacqueline in March of 2006. The main issue is the bonding company is asking us to pay for the last four years as the bond has been outstanding and was never released. Please advise. John O'Connor President and CEO OCON Group, LLC OCON Development, LLC P: 303 906 2571 F: 303 552 2075 www.ocongroup.com Original Message From: Shannon Peteson [mailto:pete@ocongroup.com] Sent: Thursday, March 02, 2006 11:55 AM To: John O'Connor; ocon Subject: [SPAM] Talked with Jacqueline w/Weld Co. and she said she needs an orginal signature of yours to withdraw the previous application sign the attached letter and get it back to me. I also need to know if you want me to get lease invoices out the the tennats and also how to calculate the extra charges for for gas and power. later Pete No virus found in this incoming message. Checked by AVG. Version: 7.5.524 / Virus Database: 270.4.6/1540 - Release Date: 7/8/2008 6:33 AM March 2, 2006 Weld County Planning Ms. Jacqueline Hatch 4209 CR 24.5 Longmont, CO 80504 v(720) 652-4210 f(720) 652-4211 OCON Group John O'Connor PO Box 903 Longmont, CO 80502 v(303) 485-6169 f(303) 678-7777 Re: SPR-366 Dear Ms. Hatch Ocon Group would like to withdraw the application for the Site Plan Review (SPR-366). SPR-366 was administratively approved by the Weld County Department of Planning Services with specific Conditions of Approval on February 20, 2004. Ocon Group would also request the release of collateral for the existing improvements agreement. Sincerely, John O'Connor Manager Page 1 of 1 Jacqueline Hatch From: Jacqueline Hatch Sent: Wednesday, July 29, 2009 11:19 AM To: Richard Hastings Subject: OCON Group collateral SPR-366 Rich In regards to the agreement exhibits I faxed over. It actually looks like they will be posting entirely new collateral (and then will need to request a release of the existing collateral). I have reviewed the new exhibits and am okay with the landscaping, signage, and fencing items. THANKS Jacqueline fir- e -b-k< Li 66 il"Iv Pc -c9 7/29/2009 qtr COLORADO MEMORANDUM TO: Board of County Commissioners DATE: November 2, 2009 FROM: Kim Ogle, Planning Services SUBJECT: OCON Group, LLC Site Plan Review # 366 do John O'Connor, Applicant The applicant John O'Connor with the OCON Group, LLC requested staff action on SPR-366 in March 2006 to withdraw the current land use application. The applicant subsequently submitted a new application for the same property in November 2007. This case, identified in correspondence as AmSPR-366, was administratively approved by staff on January 22, 2008. Staff has contacted the applicant by telephone notifying him that new collateral will be required to be submitted and accepted by the Board of County Commissioners prior to the recording of the Site Plan Review plat(s). i t0 �t9 b9 �e4 Address SUBDIVISION BOND Bond No. AO30612 KNOW ALL MEN BY THESE PRESENTS: That we OCON Group, LLC. P.O. Box 903 Longmont, CO 80502 as principal, and Bond Safeguard Insurance Company Address 1919 S. Highland Ave. Building A, Suite 300 Lombard, IL 60148 a corporation existing under and by virtue of the laws of the State of IL and authorized to do business in the State of Colorado, as surety, are held and firmly bound under Weld County, a municipal corporation of the State of Colorado, in the penal sum of Sixty Thousand Seven Hundred Dollars and 00/100 ($60,700.00) dollars, the payment of which well and truly to be made, and each of us bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly, and severally, firmly by these presents. NOW THEREFORE, the condition of the above obligation is such that: WHEREAS, the above bounden principal is the owner of and/or is interested in or developing land and premises known as Hwy 19, Weld County, Colorado, Siteplan Review #366 WHEREAS, said subdivision is subject to the provisions and conditions of the ordinance of Weld County known as the Subdivision Ordinance, which ordinance inter alia requires the installation of various street and other improvements by said principal; and I WHEREAS, under said Subdivision Ordinance the said principal in Weld County, Colorado is required "as part of his responsibility" to install and construct the following improvements: Site grading, Sanitary Sewer, Water Mains, Landscaping, etc. -as described in Exhibit "A" NOW THEREFORE, if the above bounden principal shall well and truly install and construct the said described improvements and facilities perform the work hereinabove specified to be performed, all on or before the 11`h of October . 2005 - then this obligation shall be null and void, otherwise this obligation shall remain in full force and effect. IN WITNESS WHEREOF, these presents have been executed this 11th day of October , 2004 . 13th October day of Subscribed and sworn to before me this 03-25-06 My Commission Expires ....11y,,,, Subscribed and sworn to?toeth4s.,—[ Y$ aOIAs My Commission Expires OCON Group 2004 Not'y Public Surety Bond Safeguard Insurance Company y) Darren N. Doucer. Attorney -in -Fact day of O17.X , Of PUMA "Wray Public °9 'i f6 '' P♦♦ �� Of......OF Bond Processed By Colorado Resident Agency: 0OND GUARANTEE GROUP, INC� Cam.:: Splay" W: Men: i».Off 0..4. POWER OF ATTORNEY A° 30612 Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: Darren N. Doucet. Kara D DeCoste, its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed $500,000.00, Five Hundred Thousand Dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney - In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Vice President, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 7th day of November, 2001. BOND SAFEGUARD INSURANCE COMPANY BY ACKNOWLEDGEMENT David E. Campbell President On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. "OFFICIAL SEAL" MICHELE KOLLER Notary Public, State of Illinois My Commission Expires 08128/07 CERTIFICATE Michele Koller Notary Public I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY, An Illinois Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Lombard, Illinois this Hitit Day of 9e,0 ber 20 Owl , 2 Donald D. Buchanan Secretary CHANGE RIDER To be attached to and form part of Bond No. AO30612 It is hereby mutually agreed and understood by the Principal, OCON Group. LLC and Bond Safeguard Insurance Company as Surety, that the Bond Penalty on this bond has been changed to the following: From: Sixty Thousand Seven Hundred Dollars and no/100 ($60,700.00) To: Eight -Three Thousand Seven Hundred Dollars and no/100 ($83,700.00) Nothing contained herein shall vary, alter, waive or extend any of the terms, limits, or conditions to the bond, except as set forth above. This Rider becomes effective on the 11th day of October. 2004 at twelve and one minute o'clock a.m., Standard Time. Signed this 1st day of November. 2004. By Bond Safe e ' (Principal) d Insurance Company Darren N. Doucet, Attorney -in -Fact (Surrety) Bond Processed By Cglorado Resident Agent {BOND GUARANTEE GROUP, INC C.4ccSo SP OM CO • Phalle: crowns -um 6tit Wilk COLORADO November 4, 2009 ATTN: JOHN O'CONNOR OCON GROUP, LLC PO BOX 903 LONGMONT CO 80502 RE: Cancellation and release of Collateral for OCON Group, LLC CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. 0. BOX 758 GREELEY, COLORADO 80632 To Whom it may Concern: On November 2, 2009, the Board of County Commissioners approved the cancellation and release of collateral for OCON Group, LLC, in the amount of $83,700.00, 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 #AO30612 for $83,700.00 has been returned to Bond Safeguard Insurance Company. 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: Donna J. Beyer Deputy Clerk to the Board 6trir Wilk COLORADO November 4, 2009 BOND SAFEGUARD INSURANCE COMPANY 1919 S HIGHLAND AVE BLDG A STE 300 LOMBARD IL 60148 RE: Cancellation and release of Collateral — OCON Group, LLC CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 To Whom It May Concern: Attached hereto please find the Board of County Commissioners Resolution releasing the collateral for OCON Group, LLC, in the amount of $83,700.00, and Subdivision Bond #AO30612 issued by Bond Safeguard Insurance Company, in the amount of $83,700.00. 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: Deputy Clerk to the Board Hello