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HomeMy WebLinkAbout20041367 0 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW#346 - ECKSTINE ELECTRIC COMPANY, CIO MIKE ECKSTINE 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 May 8,2001,the Department of Planning Services staff did approve a Site Plan Review, SPR #346, for Eckstine Electric Company, do Mike Eckstine, 13739 Weld County Road 25.5, Platteville, Colorado 80651, for an Electric Contracting Business in the I-1 (Industrial) Z on the following described real estate, to-wit: NE1/4 NW1/4 of Section 30, Township 3 North, Range 66 West of 6th P.M., Weld County, Colorado WHEREAS,on July 1,2002,the Board of County Commissioner of Weld County,Colorado, approved an Improvements AgreementAccording 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 Eckstine Electric Company, do Mike Eckstine, 13739 Weld County Road 25.5, Platteville, Colorado 80651,with terms and conditions being as stated in said agreement, and accepted Subdivision Bond 19S103820688BCM from Travelers Casualty and Surety Company of America, One Tower Square, Hartford, Connecticut 06183, in the amount of $26,590.00, and WHEREAS, upon recommendation of staff, the Board deems it advisable to release said collateral. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Subdivision Bond 19S103820688BCM from Travelers Casualty and Surety Company of America, 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 notify the appropriate parties of said release. IIII VIII VIII VIII IIII IIIIII IIlII1I III VIII Il1l llll 2004-1367 Ij83 R 0.00 Z D 0.00 Steve Moreno Clerk& 2 Pt , PL161? ()(?; Pt , F.J rah) • CANCEL COLLATERAL - ECKSTINE ELECTRIC COMPANY, C/O MIKE ECKSTINE (SPR #346) PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 10th day of May, A.D., 2004. BOARD OF COUNTY COMMISSIONERS /���� WELD� COUNTY, CO' ORADO ATTEST: �� ► �D�'v"G I( �"°' "lCb• VUV� Robert D. Masden, Chair Weld County Clerk to the Board P William H erke, Pro-Tem to the Board 16e M. J. ' e • Davi . Long ♦ �• ty'Y orney Glenn Vaad Date of signature: 11111111111111111111111111111111111111 III11111 I I I 11111 3183559 05/26/2004 11:25A Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2004-1367 PL1612 MEMORANDUM ',IEL,,44.\( r Y 1'7 TO: Board of County Commissioners WE`P�. -'Z ".7. 33 f i 3: 3G Elk DATE: May 3, 2004 COLORADO FROM: Kim Ogle, Planning Manager�L' , REC:_ SUBJECT: Release of Collateral Site Plan Review 346 for Eckstine Electric Company Mike Eckstine, applicant The Department of Planning Services received a letter from Mike Eckstine of Eckstine Electric Company dated April 20, 2004 requesting a site inspection for the release of the Surety Bond for his property. The Department of Public Works has reviewed the transportation improvements completed as stated in their memorandum dated April 22, 2004 and recommends release of the transportation portion of the Bond. The Department of Planning Services has reviewed the non-transportation improvements completed and recommends release of the non-transportation portion of the Surety Bond. The Department of Planning Services is willing to waive the uncompleted seeding and planting requirements associated with this application until adequate water is available to establish a water regimen for the new plantings. The Department of Public Works and the Department of Planning Services recommend to release the Surety Bond, (Bond Number 19S103820688BCM) in the amount of Twenty-six Thousand Five Hundred Ninety (26,590) and no/100s dollars for Michael O. Eckstine and Marvin G. Koeltzow, Eckstine Electric Company, located at 13739 Weld County Road 25.5, Platteville, case number SPR-346 from the Travelers Casualty and Surety Company of America. M\...\colatte ral\S PRs\S PR346_1.wpd 2004-1367 1,4-14 Weld County Ciq- GREW''," vhnr- APR 2 2 2004 LCKSTIN April 20, 2004 Electric Company RICE ;? L:4.. Weld County Dept of Planning 1555 N. 17th Ave Greeley, Co 80631 Attn: Kim Ogle Re: SPR 346 Bond release Dear Sir: I am asking for a release on our Improvements agreement bond. Everything has been completed with the exception of planting grass in the retention pond and planting a few bushes. As discussed with you previously, the planting of the landscape materials would be difficult at this time due to the ongoing drought. My intentions are to complete the landscaping as soon as the water situation allows. Please call if you have any questions. Sincerely, c� Mike Eckstine IEC 13739 W.C.R. 25% • Platteville, Colorado 80651 970-785-0601 • 303-654-1576 • Fax 970-785-2821 Weld County Planning Department KitGREELEY OFFICE MEMORANDUM APR 2 s 2004 'tom ' " RECEIVED WII TO: Kim Ogle, Planner Ill DATE: April 22, 2004 C FROM: Donald Carroll, Engineering Administrator an° COLORADO SUBJEC: SPR-346, Eckstine Electric Company r I have received a questionnaire from Travelers inquiring about a bond release. I have recently visited the site and verified that the transportation items have been completed. The items covered under this bond include: parking base, paving or concrete, parking area, storm sewer facility, and retention ponds. All other non-transportation items shall be verified by Planning Services prior to release of the bond. The Weld County Public Works Department recommends release of transportation portion. pc: Travelers Carol Harding, CTB SPR-346 M:A PLANNING—DEVELOPMENT REVIEW\SPR-Site Nan Review\SPR-346,Eckstine.DOC �, MEMORAND7A t, mpg \ TO: Board of County Commissioners DATE: June 25, 2002 COLORADO FROM: Kim Ogle, Planner Ill IA SUBJECT: Acceptance of Collateral Site Plan Review 346 for Eckstine Electric Company Mike Eckstine, applicant The Department of Public Works has reviewed the Improvements Agreement according policies regarding collateral for Improvements (Private Road Maintenance) and the estimated cost appears to be adequate for the transportation portion of the parking areas as stated in their memorandum dated June 24, 2002. The Weld County Public Works recommends acceptance of the transportation portion of the Exhibit A for SPR-346. The Department of Planning Services has determined that the amount of the agreement will be sufficient to complete the non-transportation work required for the new office and warehouse facility and recommends acceptance of this Surety Bond. On June 17, 2002, the Department of Planning Services received a Surety Bond (Bond Number 19S103820688BCM)from the Travelers Casualty and Surety Company of America. in the amount of Twenty-six Thousand Five Hundred Ninety (26,590) and no/100s dollars for Michael O. Eckstine and Marvin G. Koeltzow, Eckstine Electric Company, located at 13739 Weld County Road 25.5, Plat ville, case number SPR-346. Items covered under this Bond include: 114 Parking Base One year from Permit date $ 2400.00 Paving, Parking Area One year from Permit date $ 13440.00 Storm Sewer Facilities One year from Permit date $ 1110.00 Retention Ponds One year from Permit date $ 5890.00 On-Site Sewage Facilities One year from Permit date $ 2000.00 On-Site Signs One year from Permit date $ 200.00 Fencing One year from Permit date $ 500.00 Landscaping Requirements One year from Permit date $ 500.00 • Engineering and Supervision $ 500.00 Total Estimated Cost of Improvements and supervision $ 26590.00 The Weld County Attorney, the Department of Public Works and the Department of Planning Services, have determined that the amount of the agreement will be sufficient to complete the work required for an office and warehouse facility located at 13739 Weld County Road 25.5, Platteville, and the Department of Planning Services recommends acceptance of'his Surety Bond, (Bond Number 19S103820688BCM) from the Travelers Casualty and Surety Company of America. M1...\coiatteral\S PRs\SPR346_0.wpd CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO May 12, 2004 Eckstine Electric Company do Mike Eckstine 13739 Weld County Road 25.5 Platteville, Colorado 80651 RE: Cancellation and release of Collateral To Whom It May Concern: Attached hereto please find a copy of the Board of County Commissioner's Resolution approving the cancellation and release of your collateral. The original Subdivision Bond is also enclosed. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4217. Very truly yours, BOARD OF COUNTY COMMISSIONERS Carol A. HA:14->V rd gr , Deputy Clerk to the Board —_i Subdivision Bond Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 Bond No. 19S103820688BCM KNOW ALL MEN BY THESE PRESENTS, that we Michael 0. Eckstine and Marvin G. Koeltzow, as Principal, and Travelers Casualty and Surety Company of America, of Hartford, Connecticut, authorized to do business in the State of Colorado, as Surety, are held and firmly bound unto County of Weld, State of Colorado, acting through its Board of County Commissioners, as Obligee, in the sum of Twenty-Six Thousand, Five Hundred Ninety and No/100 Dollars ($26,590.00), lawful money of the United States of America, for which payment well and truly to be made we bind ourselves, our heirs, executors and assigns,jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION IS SUCH THAT, if the above bounden Principal shall in all things stand to and abide by, and well and truly keep and perform, all covenants, conditions and agreements contained in an Agreement with the said Obligee as is more specifically set forth in said Agreement, to which reference is hereby made and more fully described below: Agreement dated May 24, 2002 for a subdivision entitled Eckstine Electric Company, Resolution No. N/A, Block N/A, Lot(s) Location WCR 25.5/U.S. 85; Filing SPR-346. IT IS FURTHER UNDERSTOOD AND AGREED that the period of this bond shall be from May 24, 2002 to May 24,2004. The Surety's liability is limited to claims made during the term of the bond and shall not exceed in the aggregate the penal sum of the bond specified herein. This bond will not respond to any liability which arises from design, maintenance or efficiency guarantees. SIGNED, SEALED AND DATED this 14t day of June, 2002. By: iSt, 6 fill/nett% Michael O. Eckstine, Principal •'0-‘- ,�' Marvin G. Koeltzow, Prin ipal 51 \its Tray lers Casualty and Su pang of A ica 04C'440�y0 O By: . ti 04 • 44 Mary M. Po , Attorney-in-Fact 4S) 4(1) �4y59 y4 NO. �4 9 \.y0 05 S-5339(01-00) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY • Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Connie K. Boston, Donald B. Martin, Chris S. Richmond,Darlene Krings, William C. Bensler,Kelly T. Urwiller,Russell J. Michels,Linda M. Nikolaeff,Debra S. Morris,Mary M. Powell, of Greeley, Colorado, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: 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. VOTED: 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. VOTED: 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. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: 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 upon the Company in the future with respect to any bond or undertaking to which it is attached. (It-O0 Standard) R WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 22nd day of February 2002. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA }SS. Hartford TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD ve Aka ......„,fr„..7. 5, //`1\71� r µtgrepq j 19836 o By cottr.jrs o %•i s; George W. Thompson �`. • "+''e ° • " Senior Vice President On this 22nd day of February, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. mQn + C. torAccuat ��w13$ My commission expires June 30, 2006 Notary Public Marie C.Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut. Dated this 14th day of June , 2002 . 0 ISrr,. gr. Aya+ GAsu.4 T, �� ACr[Y ,X16e / /....'n By Yd` ,,sth Kori M. Johanson `1 +' `' * PhAssistant Secretary, Bond Hello