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Home My WebLink About20053129.tiff RESOLUTION 737 RE: APPROVE REQUEST FOR RELEASE OF FUNDS FOR IMPROVEMENTS ESCROW AGREEMENT#13685600, AND AUTHORIZE CHAIR TO SIGN - ROCKY MOUNTAIN ENERGY CENTER, LLC, C/O CALPINE CORPORATION 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 August 21,2002,the Board approved the following Resolutions with terms and conditions being as stated in said agreements: 1) #2002-2288, Improvements Agreement (Public Road Improvements) 2) #2002-2285, Agreement Regarding Weld County Road 51/Burlington Northern and Santa Fe Railway Crossing 3) #2002-2287, Road Maintenance Agreement for Weld County Road 51 south of 1-76 Frontage Road and north of Highway 52, and WHEREAS,pursuant to said agreements, the Board approved three Escrow Agreements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, Rocky Mountain Energy Center, LLC,and Wells Fargo Bank West, National Association, for project fees, charges, and expenses, and WHEREAS,the Department of Public Works has presented the Board with a request for release of all remaining funds from Escrow Agreement#13685600, and WHEREAS,the Board deems it advisable to authorize the Chair to sign said request for release of funds, upon the recommendation of the Department of Public Works, related to said agreements with Rocky Mountain Energy Center, LLC, c/o Calpine Corporation. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Chair be, and hereby is, authorized to sign said request for release of funds, upon the recommendation of the Department of Public Works, related to said agreements with Rocky Mountain Energy Center, LLC, c/o Calpine Corporation. 1111111 111111111111111111 111111 IIIII III 11111 11111111 3339737 11/14/2005 03:03P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2005-3129 PL1582 (10 : � �� PL i, 02/-6 s- AUTHORIZE CHAIR TO SIGN REQUEST FOR RELEASE OF FUNDS - ROCKY MOUNTAIN ENERGY CENTER, LLC, C/O CALPINE CORPORATION PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 26th day of October, A.D., 2005. I, I / 4 �BOELD COUNTOY, COLORADO STONERS ATTEST: $ �' •' illiam H. Je e, Chair Weld County Clerk to the ''�•,'t!.�E�� I�/may_/ _ M. . r� ile, Pro-Tem D uty Cle to the BY: � 1 I cJ - � Board D • E. Long �� o n ED A RM: �\ Robert D. Masdgn ou ty Attorney a (///// Date of signature: ��2f Glenn Vaad �) 111111111111111111111111IIII11111111111III1111I IIII1111 3339737 11/14/2005 03:03P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2005-3129 PL1582 MEMORANDUM 1 CTO: Clerk to the Board DATE: October 13, 2005 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Enginee SUBJECT: Agenda Item Release of funds from Rocky Mountain Energy Center/Calpine/BN/RR Escrow account #13685600. The WCR 51 project is complete and withdrawal of these remaining funds will balance the contract commitments. The remainder of the funds may be released to Rocky Mountain Energy Center. Attached are two original termination notices. Please return one original to Public Works as soon as it is signed by the Chair. Public Works will forward the information to Wells Fargo for release. pc: Wayne Howard, Project Manager Mona Weidenkeller M:\Francie\Agenda-2.docM:\Francie\Agenda-2.doc _-_ 2005-3129 Rocky Mountain Energy Center, LLC 50 West San Fernando Street Suite 627 San Jose, CA 95113 Telephone: 408-794-2572 Fax: 408-794-2573 October 5, 2005 To: Ms. Bobbie Tomme D E C i D 2 V Wells Fargo Bank, N.A. u LS Corporate Trust and Escrow Services 1740 Broadway, MAC C7301-024 OCT 1 Denver, CO 80274 Tel.: 303-863-6247 WELD COUNTY PUBLIC WORKS DEPT Fax.: 303-863-5645 Copy: Wayne Howard, P.E. Board of County Commissioners Weld County 915 10th Street, P.O. 758 Greeley, CO 80632 Tel.: 970-304-6496 ext. 3788 Fax.: 970-304-6497 Subject: Release of funds from RMEC/Calpine/BN/RR Escrow account (ref. # 13685600) Dear Bobbie, Reference is made to that certain Escrow Agreement among Rocky Mountain Energy Center, LLC, Board of County Commissioners of Weld County and Wells Fargo Bank West, National Association, dated August 30, 2002 (account# 13685600). In accordance with this document and following your telephonic conversation with Sofya Ovcharenko, Commercial Associate, Rocky Mountain Energy Center, LLC hereby requests that Wells Fargo Bank West, National Association release funds from the account referenced above to Rocky Mountain Energy Center, LLC via a check. Please send the check to the following address: Rocky Mountain Energy Center, LLC 4160 Dublin Blvd Dublin, CA 94568-3139 Fax: 925-479-7311 Ph.: 925-479-6755 Attn.: Michele Blanco aa2s-8/4y Please consider this notice as a termination notice for this escrow account. Please send the closing financial statement to the following address: Rocky Mountain Energy Center, LLC 4160 Dublin Blvd Dublin, CA 94568-3139 Fax: 925-479-7311 Ph.: 925-479-6755 Attn.: Michele Blanco We have appreciated the opportunity to work with you, Very truly yours, Aliic� � -�-- Mike Rogers Vice President cc. Michele Blanco Sofya Ovcharenko Acknowledged and Agreed: Chair of the Board of County Commissioner ' ST: gjea4u. Weld County, Colorado Y By A-‘ ///w� t t By, `' c( 1 nJ �l�' Chair 10/26/2005 -� D. uty Cl rk to the Bo d William H. Jerke & -31,9 **************************************xxx***xxxxx*************;t***xxxx***************x**x**xx**xxxxx P. 01 * TRANSACTION REPORT DEC-06-2005 TUE 01 :48 PM * x x FOR: WELD CO GOVT 9703520242 x * DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP * * DEC-06 01 :46 PM 913038635645 1'23" 5 SEND OK 438 * X Y * x TOTAL : 1M 23S PAGES: 5 x x ****t*IKIK****XYXiXXi **************t:Y*******XX********** **** :Y*YYYXffi******* ************** *********** fetes vine FAX TRANSMISSION COLORADO Weld County Clock to the Board PO Box 758 Greeley,CO 80632 Fux: 970-3524242 Phone:970-336-7215,ext.4217 To: Ms.Bobbie Tomme, Date: December 6, 2005 Wells Fargo Bank,N.A. Fax: (303) 863-5645 Pages: 4+Cover Re-6 cfr -+- «5 From: Carol Harding, Deputy Clerk to the Board Subject: Release of funds -RMEC/Calpine Hello