HomeMy WebLinkAbout20082223.tiff RESOLUTION
297
RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR AMENDED SITE
PLAN REVIEW, AMSPR#187 - WRIGHT INVESTMENT GROUP, INC.
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 July 13, 2007, the Department of Planning Services approved the
application of Wright Investment Group, Inc.,and Union Pacific Railroad, P.O. Box 73, Fort Lupton,
Colorado 80621, c/o Leeburg and Associates, LLC, 707 Hawthorn Avenue, Suite 207, Boulder,
Colorado 80304, for an office building, shop, storage building, display area for new and used car
and trailer sales, outside storage, 12,000 gallon fuel supply vessel and staging area for up to 57
commercial field trucks on the following described real estate, to wit:
Part of the NW 1/4 of Section 32, Township 2 North,
Range 66 West of the 6th P.M., Weld County,
Colorado, and
WHEREAS, on November 5, 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 Wright Investment Group,
Inc., with terms and conditions being as stated in said agreement, and accepted Subdivision
Performance Bond #104965227, drawn on Travelers Casualty and Surety Company of America,
Hartford, Connecticut 06183, in the amount of$27,000.00, and
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 Subdivision Performance Bond#104965227, drawn on Travelers Casualty
and Surety Company of America, in the amount of$27,000.00 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.
AEI 11111 IIIIII IIII IIIIII IIII IIIIIII III VIII IIII IIII
3576297 09/04/2008 11:10A Weld County, CO 2008-2223
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UP : r'L, i11,x,; 4/rye_ crA / 42-
CANCEL COLLATERAL - WRIGHT INVESTMENT GROUP, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 18th day of August, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
r�� f
ATTEST: law'"'/
idaah
William H. Jerke, Chair
Weld County Clerk to the Board
EXCUSED
By: /atazie Robe .d a,n, Pro-Tem
Deputy Clerk the Board
Willi F. Garcia
P ED A RM:
'd E. Long
a -=
C unty Attorney ? o-
Dougl Radema er
Date of signature: e9A9AP
1111111 11111 111111 111 111111 IIII 1111111 III 11111 IIII IIII
3576297 09/04/2008 11:10A Weld County, CO 2008-2223
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder PL1935
MEMORANDUM
W IWine
TO: Board of County Commissioners
COLORADO DATE: August 8, 2008
FROM: Michelle Martin NA
SUBJECT: AMSPR-187
The Department of Planning Services received a letter from the applicant dated 6/23/08
irc` ;ra.'ng the improvements have been done on the site. Three site inspections on 6/7/08,
7/18/08 and 8/8/08 by the Weld County Department of Public Works and the Planning
Department indicate all improvements have been completed.
The Department of Public Works and the Department of Planning Services is recommending
release of the collateral in the amount of twenty seven thousand dollars ($27,000.00) for the on-
site improvements
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2008-2223
Michelle Martin
From: Don Dunker
Sent: Friday, August 08, 2003 12:40 PM
To: Don Dunker; Michelle Martin
Cc: David Bauer; Donald Carroll; David Snyder; Clayton D. Kimmi
Subject: RE: AmSPR-187
Michelle,
The applicant has mitigated the retention water quality feature at the site reducing the
vertical side slopes and placing riprap at the inlet and outlet points of the pond. They
also have placed jersey barriers around the water quality pond to prevent vehicles from
inadvertently driving into it. Routine maintenance will always be required after each
storm as well as reseeding the side slopes until vegetation is established. Please
release 100% of the collateral $27, 000 for this project AmSPR-187.
Thank you,
Don Dunker, P.E.
Weld County Public Works
Original Message
From: Don Dunker
Sent: Monday, July 21, 2008 8 :29 AM
To: Michelle Martin
Cc: Don Dunker; David Bauer; Donald Carroll; David Snyder; Clayton D. Kimmi
Subject: AmSPR-187
Michelle,
I inspected the site for AmSPR-187 located at 1892 Denver Avenue near Fort Lupton, on
Friday July, 18, 2008. I have the following items:
1) The retention pond will require the side slopes to be stabilized and the erosion for
the inlet valley pan and outlet pipe to be corrected. One solution for the side slopes is
to use galvanized steel sheet piling able to support the site semi-truck loads, this way
the sides of the pond can stay vertical but will stop caving in and eroding.
2) There needs to be a permanent railing around the pond the existing orange safety fence
with cattle panels is only a temporary solution.
Public Works will require 15% of $27, 000 (total collateral being held presently) be held
for 1-year warranty period. The total to be held for the 1-year warranty period will be
$4050 .00. The above items will be required to be corrected before the $4050 can be
released.
Thanks,
Don Dunker, P.E.
Weld County Public Works
1111 H Street
Greeley, CO 80631
phone: 970 .304 .6496 ext. 3749
fax: 970.304.6497
ddunker@co.weld.co.us
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June 23, 2008
Michelle Martin
Department of Planning Services
4209 C.R. 24.5
Longmont, CO 80504
RE: AMSPR-187
Ms. Martin,
Wrights' formally request release of collateral and final plat approval in regards to
the landscape and parking revision concerning 1892 Denver Avenue, Fort Lupton, CO.
Landscaping around perimeter and parking revisions have been completed.
I may be reached at 970-381-5867 for appointment if desired.
Wright Investment Group Inc.
P.O. Box 73
Fort Lupton, CO 80621
D Wright
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riet
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
WI I D P. O. BOX 758
C. GREELEY, COLORADO 80632
COLORADO
August 19, 2008
ATTN: VALERIE PARTRIDGE
FLOOD AND PETERSON INSURANCE
4687 WEST 18TH STREET
GREELEY COLORADO 80634
RE: Cancellation and release of Collateral - Wright Investment Group, Inc.
Ms. Partridge:
Attached hereto please find the Board of County Commissioners Resolution releasing the
collateral for Wright Investment Group, Inc., and the original Subdivision Performance Bond
issued by Flood and Peterson Insurance issuing collateral, in the amount of 27,000.00.
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: / 2L1 Ry y/'f7 L vn
Donna J. Bechter,
Deputy Clerk to the Board
- a
��` CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
' FAX: (970)352-0242
P. O. BOX 758
C. GREELEY, COLORADO 80632
COLORADO
August 19, 2008
ATTN: DONALD WRIGHT
WRIGHT INVESTMENT GROUP, INC
P.O. BOX 73
FORT LUPTON, COLORADO 80621
RE: Cancellation and release of Collateral for Wright Investment Group, Inc.
Mr. Wright:
On August 18, 2008, the Board of County Commissioners approved the cancellation and release
of collateral for AMSPR#187, in the amount of $27,000.00, 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 Subdivision
Performance Bond has been returned to Flood and Peterson Insurance, 4687 West 18th Street,
Greeley, Colorado 80634.
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: ie7247,C. >y7A" L/
Donna J. Beclater
Deputy Clerk to the Board
�SS1 rPatPr
SUBDIVISION TRAVELERS CASUALTY AND SURETY COMPAN F`iA P 9
Hartford, Connecticut 06183 d '� ° °
s
PERFORMANCE PA°e `di(9P
BOND
(Annual Premium until Released N - 1��O
by Obligee) r
0 BOO c
Bond No.: 104965227 r� 8
KNOW ALL PERSONS BY THESE PRESENTS, That we, Wright Investment Group, Inc., called the boa
Principal, and Travelers Casualty and Surety Company of America, a Connecticut corporation, called the ra
Surety, are held and firmly bound unto Board of County Commissioners, Weld County, Colorado,
called the Obligee, in the sum of Twenty-seven thousand and No//100 ($27,000.00) for the payment
thereof said Principal and Surety bind themselves, jointly and severally, as provided herein.
WHEREAS, in order to file a plat or subdivision map, or to obtain a permit, the Principal has entered
into a contract with the Obligee which requires the Principal make certain improvements to the land as
more particularly set forth in (hereinafter referred to as the "Contract").
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall construct the
improvements described in the Contract on or before August 1, 2008 (or within such further
extensions of time that shall be granted by Obligee in writing and consented to in writing by Surety),
then this obligation shall be void, otherwise to remain in full force and effect. This obligation is subject
to the following conditions:
1. This bond runs to the benefit of the named Obligee only, and no other person shall have any
rights under this bond. No claim shall be allowed against this bond after the expiration of one year
from the date set forth in the preceding paragraph, or one year from the end of the latest extension of
time consented to in writing by Surety, whichever occurs last. If the limitation set forth in this bond is
void or prohibited by law, the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
2. This bond is not a forfeiture obligation, and in no event shall the Surety's liability exceed the
reasonable cost of completing the improvements described in the Contract not completed by the
Principal, or the sum of this bond, whichever is less.
Signed this 14th day of August, 2007.
Wright Investment Group, Inc.
(Principal)rBy: 0,971.67-ait)
Travelers Casualty a and Surety Company of America
By: �l s; c.
Valerie R. Partridge, Attorney-in-Fact
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WARNING:THIS Ps.WER OF ATTORNEY IS INVALID WITHOUT THE RED 901 m '
� AS POWER OF ATTORNEY
co 'St �+pv' Farmington Casualty Company St.Paul Guardian Insurance Company
0ti orere K.o Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company
Pe ,ye 's e{�' Seaboard Surety Company Travelers Casualty and Surety Company of America
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O� St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company I
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Attorney-In Fact No. 217963 Certificate No. 001393013
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,SL 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
Connie K.Boston, Donald B.Martin, Chris S. Richmond, Darlene Krings,William C. Bensler, Kelly T. UnviIler,Russell J. Michels, Diane F.Clementson,
Valerie R. Partridge,Penny R.Burkard,Anthony P.Stimac, Royal R.Lovell,and Jennifer Winter
of the City of Greeley . State of Colorado
, their true and lawful Attorney(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 permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF.the Comas have caused this instrument to be signed and their corporate seals to be hereto affixed,this 18th
UU Z /
day of Jan
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
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State of Connecticut
By:
City of Hanford ss. Genre Thompson. •e r ice President
18th January 2007
On this the day of . before me personally appeared
himself to he the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company.Fidelity and Guaranty Insurance Underwriters,,
Inc-Seaboard Surety Company,Sr Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers
Casualty and Surety Company, Travelers Casualty and Surely 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 'he 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. 'TM ' l 1 , C j..
My Commission expires the 30th day of lune.2011. pWHI,� G * `. \`
C ' Marie C Tetreaull.Notary Public
:
58440-8-06 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ,
WARNING:THIS POWER OF ATTORNEY IS INVALID VVI I Hvu I Inv Oral ovrucn
This Power of Attorney is granted under, y the authority of the following resolutions adopted by 0 ards of Directors of Farmington Casualty Company,Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Su.,.y 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\�\— -day of .20 en
Kori M.Johans Assistant Secretary
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To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.stpaultravelersbond.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
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