HomeMy WebLinkAbout20092415.tiffAj
RESOLUTION
RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN
REVIEW #325 - CROWN CASTLE ATLANTIC COMPANY, 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 June 9, 2000, the Department of Planning Services approved the
application of Crown Castle Atlantic Company, LLC, 7300 Miller Place #B, Longmont, Colorado
80504, for construction of a 70 -foot monopole cell tower and support equipment buildings on the
following described real estate, to wit:
Lot A of Recorded Exemption #44; located in the
E1/2 NE1/4 of Section 10, Township 2 North,
Range 68 West of the 6th P.M., Weld County,
Colorado, and
WHEREAS, on August 7, 2000, 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 Crown Castle Atlantic Company,
LLC, with terms and conditions being as stated in said agreement, and accepted License or Permit
Bond #929162344, drawn on the Continental Casualty Company, Chicago, Illinois, in the amount
of $43,500.00, and
WHEREAS, on August 27, 2001, the Board approved the release of said collateral, and
accepted replacement collateral in the form of Permit Bond #612 27 58, issued by Safeco
Insurance Company of America, in the amount of $43,500.00, to cover the landscaping portion of
said agreement, and
WHEREAS, on December 13, 2004, the Board received a request for the full release of said
collateral from Crown Castle Atlantic, LLC; however, the request was denied, and the case was
referred back to the Department of Planning Services.
WHEREAS, staff from the Weld County Departments of Planning Services and Public
Works 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 Permit Bond #612 27 58, drawn on Safeco Insurance Company of America,
in the amount of $43,500.00 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.
1111111111111111111111 IIII 111111111111
3651786 10/01/2009 11:48A Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder
2009-2415
PL1429
CANCEL COLLATERAL - CROWN ATLANTIC COMPANY, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 9th day of September, A.D., 2009.
ATTEST:
Weld County Clerk to
BYCo• r�r
Deputy Clerk to the Board 1 3
AP
torney
Date of signature
David . Long
1111111 11111 Oil IIII' IIII IIIIII 111111 III 11111 1111 1111
3651786 10/01/20(19 11:48A Weld County, CO PL1429
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
BOARD O
WELD C
OUNTY COMMISSIONERS
TY, COLORADO
William F. Garcia, Chair
oug : s Rade = cher, Pro-Tem
Sean P. Conway
ar._a Kirkmeyer
2009-2415
cst4.
COLORADO
MEMORANDUM
TO: Board of County Commissioners
DATE: September 4, 2009
FROM: Kim Ogle, Planning Services `4, ,
SUBJECT: Crown Castle Atlantic Company, LLC
Site Plan Review #325
Release of Bond No. 612 27 58
Safeco Insurance Company of America
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Staff from the Department of Public Works conducted a field inspection in August 2009 and
determined that the property was in compliance with all transportation elements as stated in their
referral dated August 31, 2009. Planning Services inspected the site on May 8, 2009 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 Bond No. 612 27 58, from the Safeco Insurance Company of
America for the Crown Castle Atlantic Company, LLC for cellular tower site improvements, be
released in full.
2009-2415
#tt•it
flk.
COLORADO
MEMORANDUM
TO: Kim Ogle, Planning Services
DATE: 8/31/2009
FROM: Richard Hastings, Public Works Department
SUBJECT: Collateral List Update:
Crown Castle Atlantic Company LLC
(PL1429 - #2001-2418) SPR#325
Release of Collateral Status
• All Public Works related items have been completed and are found to be acceptable.
Weld County Collateral List:
Crown Castle Atlantic Company LLC - (PL1429 - #2001-2418) SPR#325
Improvements Agreement for Private Road Maintenance
Safeco Insurance Company of America
Bond No. 612 27 58
No expiration without 30 days notice
$43,500.00
Recommendation:
The Department of Public Works is recommending final release of collateral, as shown above
from the Weld County Collateral List.
Any non -Public Works -related items should be verified by Planning Services prior to collateral
release.
C:\Documents and Settings\kogle\Local Settings\Temporary Internet
Files\Content.Outlook\NUIE6KGO\Collateral List update (Crown Castle Atlantic SPR-325)-
MEMO (2).docx
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COLORADO
September 14, 2009
SAFECO INSURANCE COMPANY OF AMERICA
SAFECO PLAZA
SEATTLE, WASHINGTON 98185
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
RE: Cancellation and release of Collateral — Crown Castle Atlantic Company, LLC
To Whom It May Concern:
Attached hereto please find the Board of County Commissioners Resolution releasing the
collateral for Crown Castle Atlantic Company, LLC, in the amount of $43,500.00, and the
License or Permit Bond #612 27 58 issued by Safeco Insurance Company of America, in the
amount of $43,500.00.
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: / '-1L/M-tYf /,f1'�ili
Donna J. Bec 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
September 14, 2009
CROWN CASTLE ATLANTIC COMPANY, LLC
7300 MILLER PLACE #B
LONGMONT, COLORADO 80504
RE: Cancellation and release of Collateral for Crown Castle Atlantic Company, LLC
To Whom it may Concern:
On September 9, 2009, the Board of County Commissioners approved the cancellation and
release of collateral for Crown Castle Atlantic Company, LLC, in the amount of $43,500.00, 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 License or Permit Bond #612 27 58 for $43,500.00 has
been returned to Safeco Insurance 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: /61Z9/4_ "tit
Donna J. B chler
Deputy Clerk to the Board
BOND NO. 612 27 58
SAFECO"
POWER
OF ATTORNEY
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
No. 6485
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby
appoint
PHYLLIS RAMIREZ; JANIE CERMENO; PHILIP N. BAIR; NANCY THOMAS; VICIE COLEMAN; JIMMYE LANGFORD; MILDRED L. MASSEY; ERIC S. FEIGHL;
CHERYL BAXLEY; Houston, Te%acur***********************************+**+a****am* *******+***+++++******+***++*******++++++********++++************+******
its true and lawful attomey(s)-in-fad, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 21st
day of April 1999
R.A. PIERSON, SECRETARY BOH DICKEY, PRESIDENT
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fad or under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power -of -attorney appointment Is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the
foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney Issued pursuant thereto, are true and
correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this 13th
day of
June 2001
RA. PIERSON, SECRETARY
S-0974/SAEF 7/98
O Registered trademark of SAFECO Corporation.
8/24/00 PDF
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yeti 09°\(:)o) a
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v°ra °pc)�12 BOND BOND NO. 612 27 58
ye t i 4
�e-C 4e yye s o
G°- eb om� tiGOCM- LICENSE OR PERMIT BOND
1 ,6
occC �' 9 KNOW ALL MEN BY THESE PRESENT:
That we, CROWN CASTLE ATLANTIC. LLC
as Principal, and SAFECO INSURANCE COMPANY OF AMERICA , a corporation organized
under the laws of the State of Washington with its principal office in the City of Seattle as Surety,
are held and firmly bound unto Weld County as Obligee, in the full penal sum of
Forty Three Thousand Five Hundred and No/100 Dollars ($ 43.500.00 )lawful money of
the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs,
executors, administrator, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the above bounded Principal has obtained or is about to obtain from the
said Obligee a license or permit for Landscape. Telephone. Electric and Engineering ; and the term
of said license or permit is as indicated opposite the space checked below:
Beginning the
ending the
day of 2001, and
day of 2002.
x Continuous, beginning the 25th day of July 2001.
WHEREAS, the Principal is required by law to file with Weld County. 1555 N. 17th Avenue
Greeley, CO 80631 , a bond for the above indicated term and conditioned as
hereinafter set forth.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the
above bounden Principal as such licensee or permitee shall indemnify said Obligee against all loss,
costs, expenses of damage to it caused by said Principal's non-compliance with or breach of any laws,
statues, ordinances, rules or regulations pertaining to such license or permit issued to the Principal,
which said breach or non-compliance shall occur during the term of this bond, then this obligation shall
be void, otherwise to remain in full force and effect.
PROVIDED, that if this bond is for a fixed term, it may be continued by Certificate executed
by the Surety hereon; and
PROVIDED FURTHER, that regardless of the number of years this shall continue or be
continued in force and of the number of premiums that shall be payable or paid the Surety shall not be
liable hereunder for a larger amount, in the aggregate, than the amount of this bond, and
PROVIDED FURTHER, that if the Surety shall so elect, this bond may be cancelled by the
Surety as to subsequent liability by giving thirty (30) days notice in writing to said Obligee.
Signed, sealed and dated this 13th day of June , 2001.
CROWN CASTLE ATLANTIC, LLC
By:
Kellie E. Rogers, Vice President1 Finance
(SEAL)
SAFECO INS . ' NCE C MP NY OF AMERICA
By:
Site Location: 3822 Highway 119
Longmont, CO 80504
Job #13590
(SEAL)
Nancy as, Attorney -in -Fact
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(678) 417-3000
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http://www.safeco.com/about-us/safeco-locations
9/10/2009
zwri
COLORADO
September 14, 2009
CROWN CASTLE ATLANTIC COMF
7300 MILLER PLACE #B
LONGMONT, COLORADO 80504
RE: Cancellation and release of C
To Whom it may Concern:
On September 9, 2009, the Board
release of collateral for Crown Castl
referenced above. Enclosed is a
Commissioners. I will forward a cor
it has been recorded. The original
been returned to Safeco Insurance C
8
If you have questions or need addi' i-
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BOARD OF COUNTY COMMISSIOI
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Donna Bechler
From:
Sent:
To:
Subject:
Mr. Rowe,
Donna Bechler
Thursday, October 08, 2009 10:00 AM
'John. Rowe@crowncastle.com'
Release of Collateral
On September 9, 2009, the Board of County Commissioners released the collateral for Crown Castle Atlantic Company,
LLC, in the amount of $43,500.00. The original License or Permit Bond was returned to Safeco Insurance Company on
September 14, 2009, and I attempted to send a letter to Crown Castle at the same time, informing them of the release
of collateral; however, the letter was returned to me as undeliverable. The address I sent it to was 7300 Miller Place #B.
Could you please e-mail the current address for Crown Castle, so I can resend the letter.
Thank you.
Donna Bechler
Deputy Clerk to the Board
Weld County Government
1
Donna Bechler
From:
Sent:
To:
Subject:
Mr. Brack,
Donna Bechler
Thursday, October 08, 2009 9:58 AM
'Richard. Brack@crowncastel.com'
Release of Collateral
On September 9, 2009, the Board of County Commissioners released the collateral for Crown Castle Atlantic Company,
LLC, in the amount of $43,500.00. The original License or Permit Bond was returned to Safeco Insurance Company on
September 14, 2009, and I attempted to send a letter to Crown Castle at the same time, informing them of the release
of collateral; however, the letter was returned to me as undeliverable. The address I sent it to was 7300 Miller Place #B.
Could you please e-mail the current address for Crown Castle, so I can resend the letter.
Thank you.
Donna Bechler
Deputy Clerk to the Board
Weld County Government
Donna Bechler
From:
To:
Sent:
Subject:
Microsoft Exchange
Richard.Brack@crowncastel.com
Thursday, October 08, 2009 9:58 AM
Undeliverable: Release of Collateral
Delivery has failed to these recipients or distribution lists:
Richard.Brack@crowncastel.com
A problem occurred during the delivery of this message. Microsoft Exchange will not try to redeliver this message for you.
Please try resending this message later, or provide the following diagnostic text to your system administrator.
Scant by Muciosoft Exchange Server 200?
Diagnostic information for administrators:
Generating server: HUB I.CO.WELD.CO.US
Richard.Brack@crowncastel.com
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Original message headers:
Received: from MAILE3OX_CO.VILLD.CO.US (IleS0::bcU7:a587:501b.5c651) by
HUB1.CO.WELD.CO.US ([fe80::c8e i:2cdti:de23:35eb"%i1101) with rnatn; Thu, 8 Oct
2009 09:58:09 -0600
From: Donna Bechler =. dbechler@co.weld.co.us>
To: "Richard.Brack@crowncastel.com" < Richard.Brack@crowncastel.com>
Date: Thu, 8 Oct 2009 09:58:05 -0600
Subject: Release of Collateral
Thread -Topic: Release of Collateral
Thread -Index: AcpIMB9ogZ2BOeAkQUea4vtc6-27Ltiv=
Message-ID:<4BB349ACCEF69A4DA52E445215298D770207743BDF@MAILBOX.CO.WELD.CO.US
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1
Donna Bechler
From:
Sent:
To:
Subject:
This is the list
Kim Ogle
Wednesday, September 30, 2009 4:10 PM
Donna Bechler
FW: Release of Collateral held for Site Plan Review 325
From: Kim Ogle
Sent: Wednesday, September 30, 2009 8:47 AM
To:'Richard.Brack@crowncastle.com'; 'John.Rowe@crowncastle.com'; 'jon.dohm@crowcastle.com';
'tom.duffek@crowncastle.com'
Cc: Kim Ogle
Subject: Release of Collateral held for Site Plan Review 325
Good morning Gentlemen:
Weld County government desires to return collateral to you for monies held on the landscape component for a facility
located at 3822 State Highway 119, Longmont, Colorado 80504. Mary Dezell is the property owner.
Previous correspondence between this office and Crown Castle included each of you. At this point I am seeking a letter
of authorization from Crown Castle requesting monies held to be returned to an individual as authorized representative
for Crown Castle International
My contact information is attached herein.
Thank you.
Kim Ogle
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