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Home My WebLink About20092963.tiff587 RESOLUTION RE: APPROVE UTILITY RIGHT-OF-WAY USE PERMITS AND ACCEPT COLLATERAL FOR TWO (2) YEAR WARRANTY OF WORKMANSHIP - PUBLIC SERVICE COMPANY OF COLORADO 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 October 6, 2009, the Weld County Department of Public Works accepted and approved three (3) Utility Right -of -Way Use Permits (RW09-00302, RW09-00303, and RW09-00314), with two (2) more to be submitted in the Spring of 2010, for Public Service Company of Colorado, Attn: Greg Saia, 550 15th Street, Suite 700, Denver, Colorado 80202, for a Two (2) Year Warranty of Workmanship regarding the installation of a sixteen -inch natural gas pipeline for the Milliken Pipeline Project on the following described real estate, to -wit: County Road 15, being part of Section 5; County Road 17, being part of Sections 4 and 5; County Road 23, being part of Section 11; all being in Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, and County Road 7, being part of Sections 15 and 16; County Road 5, being part of Sections 16 and 17; all being in Township 4 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to the terms of said permits, the Board has been presented with Irrevocable Standby Letter of Credit, CPCS-794699 from JPMorgan Chase Bank, N.A., 300 South Riverside Plaza, Mail Code IL1-0236, Attn: Standby Letter of Credit Unit, Chicago, Illinois 60606-0236, in the amount of $25,000.00, which includes a $5,000 warranty per crossing, and WHEREAS, after review, the Board deems it advisable to accept said Irrevocable Standby Letter of Credit as stated above, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Irrevocable Standby Letter of Credit CPCS-794699 from JPMorgan Chase Bank, N.A., 300 South Riverside Plaza, Mail Code IL1-0236, Attn: Standby Letter of Credit Unit, Chicago, Illinois 60606-0236, in the amount of $25,000.00, be and hereby is, accepted. I 111111 IIIII 111111111111 IIIII IIII 111111 ill 11111 IIII 1111 3664587 12/11/2009 11:05A Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2009-2963 EG0060 cc P� .. /, f /7/ UTILITY RIGHT-OF-WAY USE PERMITS - PUBLIC SERVICES COMPANY OF COLORADO PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of u ber, A.D., 2009. ATTEST: Weld County Clerk to the Bo BY. De o the Board APPROVED AS TO David E. Long Date of signature: I I III] 111111111111111111111111111111111111111 ill 11111 III 1111 3664587 12/11/2009 11:05A Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder OARD OF COUNTY COMMISSIONERS LD COUNTY. COLORADO iam F. Garcia, Chair c Cs Doug as ademacher, ro-Tem Se P. Conway r ra Kirkmeyer J 2009-2963 EG0060 COLORADO 46t4:1 MEMORANDUM TO: Clerk to the Board DATE: October 27, 2009 FROM: Amy Burry, Public Works SUBJECT: Agenda Item Collateral posted by Letter of Credit for Public Service Co. of Colorado's Milliken Pipeline project in the amount of $25,000.00. Enclosed is the original, "Letter of Credit" No. CPCS-794699, for Board acceptance and recording. M'.\FrancieVtgenda Item.doc 2009-2963 JPMorganChase 0 JPMorgan Chase Bank, N.A. Global Trade Services 300 South Riverside Plaza Mail Code 1L 1-0236 Chicago, IL 60606-0236 TO: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY 915 TENTH STREET GREELEY, CO 80632 OCT 1, 2009 OUR L/C NO.: CPCS-794699 APPLICANT: PUBLIC SERVICE COMPANY OF COLORADO 1225 17TH STREET SUITE 1100 DENVER, CO 80202 ATN: LEEANN BEE WE HAVE ESTABLISHED OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR AS DETAILED HEREIN SUBJECT TO UCP LATEST VERSION DOCUMENTARY CREDIT NUMBER: FURTHER IDENTIFICATION: DATE OF ISSUE: BENEFICIARY: APPLICANT: CPCS-794699 ISSUE OCTOBER 1, 2009 BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY 915 TENTH STREET GREELEY, CO 80632 PUBLIC SERVICE COMPANY OF COLORADO 1225 17TH STREET SUITE 1100 DENVER, CO 80202 ATN: LEEANN BEE DATE AND PLACE OF EXPIRY: SEPTEMBER 22, 2010 AT OUR COUNTER DOCUMENTARY CREDIT AMOUNT: USD25,000.00 AVAILABLE WITH: JPMORGAN CHASE BANK, N.A. CHICAGO, IL BY PAYMENT 155044 Emelia Sosa Page 1 of 4 JPMorganChase C j JPMorgan Chase Bank, N.A. Global Trade Services 300 South Riverside Plaza Mail Code ILI-0236 Chicago, IL 60606-0236 OCT 1, 2009 OUR L/C NO.: CPCS-794699 IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ADDITIONAL 12 MONTH PERIODS FROM THE PRESENT OR EACH FUTURE EXPIRATION DATE, UNLESS AT LEAST 60 DAYS PRIOR TO THE CURRENT EXPIRY DATE WE SEND NOTICE IN WRITING TO YOU VIA SWIFT, OR HAND DELIVERY AT THE ABOVE ADDRESS, THAT WE ELECT NOT TO AUTOMATICALLY EXTEND THIS LETTER OF CREDIT FOR ANY ADDITIONAL PERIOD. HOWEVER IN NO EVENT SHALL THIS LETTER OF CREDIT BE AUTOMATICALLY EXTENDED BEYOND THE FINAL EXPIRY DATE OF MARCH 31, 2012. UPON SUCH NOTICE TO YOU, YOU MAY DRAW ON US AT SIGHT FOR AN AMOUNT NOT TO EXCEED THE BALANCE REMAINING IN THIS LETTER OF CREDIT WITHIN THE THEN -APPLICABLE EXPIRY DATE, BY YOUR SWIFT OR PRESENTATION OF YOUR DRAFT AND DATED STATEMENT PURPORTEDLY SIGNED BY ONE OF YOUR OFFICIALS READING AS FOLLOWS: QUOTE THE AMOUNT OF THIS DRAWING USD UNDER JPMORGAN CHASE BANK, N.A. LETTER OF CREDIT NUMBER CPCS-794699 REPRESENTS FUNDS DUE US AS WE HAVE RECEIVED NOTICE FROM JPMORGAN CHASE BANK, N.A. OF THEIR DECISION NOT TO AUTOMATICALLY EXTEND LETTER OF CREDIT NUMBER CPCS-794699 AND THE UNDERLYING OBLIGATION REMAINS OUTSTANDING. UNQUOTE IN THE EVENT THIS LETTER OF CREDIT IS SUBSEQUENTLY AMENDED BY US TO EITHER: I) RESCIND A NOTICE OF NON -EXTENSION AND TO EXTEND THE EXPIRY DATE HEREOF TO A FUTURE DATE, OR II) EXTEND THE EXPIRY DATE TO A DATE THAT IS AFTER THE STATED FINAL EXPIRY DATE HEREOF, SUCH EXTENSION SHALL BE FOR THAT SINGLE PERIOD ONLY AND THIS LETTER OF CREDIT WILL NOT BE SUBJECT TO ANY FUTURE AUTOMATIC EXTENSIONS UNLESS OTHERWISE STATED. A COPY OF OUR NOTICE THAT THE LETTER OF CREDIT WILL NOT BE AUTOMATICALLY EXTENDED WILL ALSO BE SENT TO: PUBLIC SERVICE CO OF COLORADO ATTN: LEEANN BEE 1225 17TH STREET SUITE 1100 DENVER, CO 80202 155044 Cmelia Sosa Page 2 of 4 JPMorganChase 0 JPMorgan Chase Bank, R.A. Global Trade Services 300 South Riverside Plaza Mail Code ILI-0236 Chicago, IL 60606-0236 OCT 1, 2009 OUR L/C NO.: CPCS-794699 ADDITIONAL DETAILS: FUNDS UNDER THIS CREDIT ARE AVAILABLE AGAINST PRESENTATION OF THE BENEFICIARY'S SIGNED AND DATED STATEMENT REFERENCING OUR LETTER OF CREDIT NO. CPCS-794699 STATING THE AMOUNT OF THE DEMAND AND READING AS FOLLOWS: "PUBLIC SERVICE COMPANY OF COLORADO HAS NOT CORRECTED ANY DAMAGE TO AND/OR NOT COMPLETED RESTORATION TO THE PRE -CONSTRUCTION CONDITION OF THE NINE (9) WELD COUNTY ROADS INTERSECTED DURING INSTALLATION OF A 16 -INCH GAS PIPELINE. WE HEREBY DEMAND U.S.$ ... UNDER JPMORGAN CHASE BANK, N.A. LETTER OF CREDIT NO. CPCS-794699." THIS LETTER OF CREDIT MAY BE CANCELLED PRIOR TO EXPIRATION PROVIDED THE ORIGINAL LETTER OF CREDIT (AND AMENDMENTS, IF ANY) ARE RETURNED TO JPMORGAN CHASE BANK, N.A., AT OUR ADDRESS AS INDICATED HEREIN, WITH A STATEMENT SIGNED BY THE BENEFICIARY STATING THAT THE ATTACHED LETTER OF CREDIT IS NO LONGER REQUIRED AND IS BEING RETURNED TO THE ISSUING BANK FOR CANCELLATION. ACCOMPANIED BY A FORMAL RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY APPROVING CANCELLATION. WE ENGAGE WITH YOU THAT DRAFTS DRAWN UNDER AND IN CONFORMITY WITH THE TERMS AND CONDITIONS OF THIS CREDIT WILL BE DULY HONORED ON PRESENTATION IF PRESENTED VIA UNITED STATES MAIL, CERTIFIED RETURN RECEIPT REQUESTED OR VIA PERSONAL DELIVERY SERVICE ON OR BEFORE THE EXPIRATION AT OUR COUNTERS AT 300 SOUTH RIVERSIDE PLAZA, MAIL CODE IL1-0236, ATTN: STANDBY LETTER OF CREDIT UNIT, CHICAGO, IL 60606-0236. THE ORIGINAL LETTER OF CREDIT MUST ACCOMPANY THE DOCUMENTS REQUIRED UNDER THIS CREDIT FOR ENDORSEMENT. EXCEPT AS EXPRESSLY STATED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (2007 REVISION), INTERNATIONAL CHAMBER OF COMMERCE - PUBLICATION NO. 600. PLEASE ADDRESS ALL CORRESPONDENCE REGARDING THIS LETTER OF CREDIT TO THE ATTENTION OF THE STANDBY LETTER OF CREDIT UNIT, 300 S. RIVERSIDE PLAZA, MAIL CODE IL1-0236, CHICAGO, IL 60606-0236, INCLUDING THE LETTER OF CREDIT NUMBER MENTIONED ABOVE. FOR TELEPHONE ASSISTANCE, PLEASE CONTACT THE STANDBY CLIENT SERVICE UNIT AT 1-800-634-1969, SELECT OPTION 1, OR 312- 155044 Fanelia Sosa Page 3 of 4 JPMorganChase j JPMorgan Chase Bank, N.A. Global Trade Services 300 South Riverside Plaza Mail Code ILI-0236 Chicago, IL 60606-0236 OCT 1, 2009 OUR L/C NO.: CPCS-794699 954-1508 AND HAVE THIS LETTER OF CREDIT NUMBER AVAILABLE. THIS LETTER OF CREDIT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS. dictaa /-k) ciA4647 AUTHORIZED SIGNATURE 155044 Emelia Sosa Page 4 of 4 461D, Iliac COLORADO Weld County Public Works Department 1111 H Street Greeley, CO 80632 Phone: (970) 356-4000 x3750 or(970) 304-6496 FAX: (970) 304-6497 Mailing Address: P.O. Box 758 Greeley, Colorado 80632 UTILITY RIGHT-OF-WAY USE PERMIT (This permit is for the construction and/or installation of telegraph, telephone, electric light, wire or power, pipelines, or the like, along, across, upon, and under road rights -of -way which are owned or controlled by Weld County, Colorado. In accepting this permit the Permittee, under penalty of perjury, verifies that they have received, read, and understood all provisions set forth for the permit, and have authority to sign for, and bind the Permittee, if the Permittee is a corporation or other like entity', and that by virtue of their signature the Permittee is bound by and agrees to comply with all said permit requirements and provisions, all ordinances of Weld County, and state laws regarding facilities construction.) Permit Number: RW09-00302 Permit Type: Utility - Gas Permit Application Date: 10/05/09 Permittee Name: Greg Saia Company: Public Service Co. of CO Address: 550 15th Street, Suite 700 City: Denver State: CO Zip: 80202 Business Phone: 303-571-7596 # of Road Bores: 1 Permit Fee: $100.00 Permit Expiration Date: 01/05/10 Contractor Name: Randy Hairston Company: Hog Excavation Inc. Address: 1532 10 Road City: Mack State: CO Zip: 81525 Business Phone: 970-858-3832 Location / Description of Construction Address: 1,035 feet south of CR 50 WCR 15 Township/Range/Section: 4N67W-5 East Road: 50 Subdivision: Nearest Town: Johnstown Description: Road bore under CR for 16" natural gas pipeline Start Date: 10/05/09 Completion Date: 12/22/09 Daily Hours: 8 to 5 No Weekend Hours Note: Time extensions require approval. Notify Weld County 24 hours prior to construction start. North Road: 15 LOC # CPCS-794699 Construction Schedule and Conditions Plans Submitted Met Weld County Insurance Requirements Special Reauirements Digitally signed by Amy Burry ON cn=Amy Buny, 6=Us o=public works, ou=weld county, email=aburry@ru weld on us Reason. I am approving this „ Dale 2009.1O 06 11 0819 -06'00' Weld County Public Works Engineering Department Date: 10/06/09 WELD_PUBL_0500313 Start Date: 10/05/09 Completion Date: 12/22/09 Daily Hours: 8 to 5 No Weekend Hours Note: Time extensions require approval. LOC # CPCS-794699 elf(! WLORA COLORADO Weld County Public Works Department 1111 H Street Greeley, CO 80632 Phone: (970) 356-4000 x3750 or (970) 304-6496 FAX: (970) 304-6497 Mailing Address: P.O. Box 758 Greeley, Colorado 80632 UTILITY RIGHT-OF-WAY USE PERMIT (This permit is for the construction and/or installation of telegraph, telephone, electric light, wire or power, pipelines, or the like, along, across, upon, and under road rights -of -way which are owned or controlled by Weld County, Colorado. In accepting this permit the Permittee, under penalty of perjury, verifies that they have received, read, and understood all provisions set forth for the permit, and have authority to sign for, and bind the Permittee, if the Permittee is a corporation or other like entity; and that by virtue of their signature the Permittee is bound by and agrees to comply with all said permit requirements and provisions, all ordinances of Weld County, and state laws regarding facilities construction.) Permit Number: RW09-00303 Permit Type: Utility - Gas Permit Application Date: 10/05/09 Permittee Name: Greg Saia Company: Public Service Co. of CO Address: 550 15th Street, Suite 700 City: Denver State: CO Zip: 80202 Business Phone: 303-571-7596 # of Road Bores: 1 Permit Fee: $100.00 Permit Expiration Date: 01/05/10 Contractor Name: Randy Hairston Company: Hog Excavation Inc. Address: 1532 10 Road City: Mack State: CO Zip: 81525 Business Phone: 970-858-3832 Location / Description of Construction Address: 750 feet north of 2nd Street WCR 17 Township/Range/Section: 4N67W-4, 5 East Road: 2nd Street North Road: 17 Subdivision: Nearest Town: Johnstown Description: Road bore under CR for 16" natural gas pipeline Construction Schedule and Conditions Plans Submitted Met Weld County Insurance Requirements Notify Weld County 24 hours prior to construction start. Special Requirements Digitally signed by Amy Burry u,-wr,y early. u-oa. o=public works. ou=weld county, malleaburry@co.weld.cous Reason: I am approving this claimant Date: 2009.1006 11:12:07 -06'00' Weld County Public Works Engineering Department Date: 10/06/09 WELD_PUBL_0500313 Weld County Public Works Department MSc COLORADO 1111 H Street Greeley, CO 80632 Phone: (970) 356-4000 x3750 or (970) 304-6496 FAX: (970) 304-6497 Mailing Address: P.O. Box 758 Greeley, Colorado 80632 UTILITY RIGHT-OF-WAY USE PERMIT (This permit is for the construction and/or installation of telegraph, telephone, electric light, wire or power, pipelines, or the like, along, across, upon, and under road rights -of -way which are owned or controlled by Weld County, Colorado. In accepting this permit the Permittee, under penalty of perjury, verifies that they have received, read, and understood all provisions set forth for the permit, and have authority to sign for, and bind the Pemiittee, if the Permittee is a corporation or other like entity; and that by virtue of their signature the Permittee is bound by and agrees to comply with all said permit requirements and provisions, all ordinances of Weld County, and state laws regarding facilities construction.) Permit Number: RW09-00314 Permit Type: Utility - Gas Permit Application Date: 10/08/09 Permittee Name: Greg Saia Company: Public Service Co. of CO Address: 550 15th Street, Suite 700 City: Denver State: CO Zip: 80202 Business Phone: 303-571-7596 # of Road Bores: 2 Open Cut - Native Material Permit Fee: $125.00 Permit Expiration Date: 01/08/10 Contractor Name: Randy Hairston Company: Hog Excavation Inc. Address: 1532 10 Road City: Mack State: CO Zip: 81525 Business Phone: 970-858-3832 Location / Description of Construction Address: 20 feet south of Ash Street;CR 21.75 730 ft N of Front St WCR 23 Township/Range/Section: 4N67W-11 East Road: Ash Street North Road: 23 Subdivision: Nearest Town: Milliken Description: Road bore under CR for 16" natural gas pipeline Start Date: 10/05/09 Completion Date: 12/22/09 Daily Hours: 8 to 5 No Weekend Hours Note: Time extensions require approval. Notify Weld County 24 hours prior to construction start. LOC # CPCS-794699 Construction Schedule and Conditions Plans Submitted Met Weld County Insurance Requirements Special Reauirements r "y" Approved By: DN: m=Amy Burry. c=us, o=public works, ouweld county, emaikraburry@co.weld.cro.us Date: 2009.10.14 09:02:53 -06'00' Weld County Public Works Engineering Department Date: 10/14/09 WELD_PUBL_0500313 JPMorganChase 0 JPMorgan Chase Bank, N.A. Global Trade Services 131 South Dearborn, 5th Floor Mail Code: TL1-0236 Chicago, IL 60603-5506 JUL 19, 2011 L/C NO.: CPCS-794699 ITEM NO: 0004 TO: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY 915 TENTH STREET GREELEY, CO 80632 RE: CPCS-794699 AMENDMENT NO. 1 APPLICANT: PUBLIC SERVICE COMPANY OF COLORADO 1225 17TH STREET , SUITE 1100 DENVER, CO 80202 ATN: LEEANN BEE L/C NO. CPCS-794699 IN ACCORDANCE WITH INSTRUCTIONS RECEIVED, THE ABOVE REFERENCED STANDBY LETTER OF CREDIT HAS BEEN AMENDED AS FOLLOWS: THE FINAL EXPIRY DATE HAS BEEN EXTENDED TO SEPTEMBER 22, 2012. ALL OTHER TERMS AND CONDITIONS OF THE CREDIT REMAIN UNCHANGED. A T'ORIZED SIGN TURE 172825 Emelia Sosa Page I of 1 Hello