HomeMy WebLinkAbout20030021.tiff RESOLUTION
RE: APPROVE DISBURSEMENT CERTIFICATE FROM ESCROW AGREEMENT
#13685400, DATED AUGUST 30, 2002, 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 two invoices
requiring a Disbursement Certificate, in the total amount of$18,825.00, from Escrow
Agreement#13685400, dated August 30, 2002, and
WHEREAS, the Board deems it advisable to authorize the Chair to sign said
Disbursement Certificate, 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 Disbursement
Certificate, upon the recommendation of the Department of Public Works, related to said
agreements with Rocky Mountain Energy Center, LLC, do Calpine Corporation.
2003-0021
PL1582
CC : F'L ten EC C'AJ
AUTHORIZE CHAIR TO SIGN DISBURSEMENT CERTIFICATES - 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 6th day of January, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
�,o / WEL OUNTY, COLORADO
ATTEST: ��� 1
vid E. Lo , Ch •
Weld County Clerk to th g; VV / h �
L.0 tig 'iR bert D. Masden, Pro-Tern
BY:
Deputy Clerk to the Bo �►` , EXCUSED
M. J. Geile
O DASTOF :
Willia H. Jerke
/
ufSty`A Lorne /J� �4�
Glenn Vaad
Date of signature: JO
2003-0021
PL1582
EXHIBIT 1
DISBURSEMENT CERTIFICATE
Wells Fargo Bank West,N.A.
Escrow Agent
Corporate Trust and Escrow Services
MAC C7301-024
1740 Broadway
Denver, Colorado 80247
RE: Escrow Agreement# 3(A8 sHoo dated Augusta?, 2002
The Board of County Commissioners of Weld County, Colorado ("Board"),
acting by and through their authorized representative as identified below, hereby
certifies to Wells Fargo Bank West, N.A. ("Escrow Agent") and to Rocky Mountain
Energy Center, LLC ("RMEC"), as follows:
1. Attached hereto are true and correct copies of invoices dated on or prior to
12/23 , 200?("Invoices") evidencing costs and expenses incurred by the Board in
connection with the performance of its obligations with respect to the grading and/or
paving of a certain portion of Weld County Road 51 which is south of the Interstate 76.
frontage road, as set forth in that certain agreement entitled "Improvements Agreement
(Public Road Improvements)" between the Board and RMEC dated August 13, 2002
("Agreement").
2. The amount owed to the Board on account of such Invoices is
$ 18,825.00 ("Invoice Amount"), and the Board is entitled, pursuant to the terms of
the Agreement, to have such amount disbursed to it by the Escrow Agent from the
Escrowed Property. (2002-2288)
3. The Board requests the Escrow Agent to disburse to it from the Escrowed
Property an amount equal to the Invoice Amount in the form of a wire transfer payable
to: Wells Fargo Bank West, National Association, Weld County Treasury Collections
Clearing Account, Account#4428004375, ABA # 102000076.
Dated: January 6 , 200 3
Board of County Commissioners
Weld ty, Color do
By:
Name: Dav'. _ • .
Title: Cha (01 0. 0
Attest: .,..9...:..�� :a�.r.L F
"a`
bte
Deputy Clerk to th.{ :..P: %
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Due Date
Document 0
PICKETT ENGINEERING, INC. Account # -
808 8th Street, Greeley, CO 80631 Keyed By/ Extenslan Elate
Phone: 970-356-6362 Mail±M34Iwithandeaute—Returnto t
—
Authorized By
INVOICE
Wayne Howard Invoice #: 02-062-1
Weld County Public Works Invoice Date: 12/23/2002
1111 H Street Due Date: 1/9/2003
Greeley, CO 80631
Re: Weld County Road 51 Design
Engineering Services through: December 14, 2002
Contract Percent Previously Current Total Contract
Description Amount Complete Invoiced Invoice to Date Balance
Survey 18760.00 75% 0.00 14070.00 14070.00 4690.00
Pavement Design 5000.00 0% 0.00 0.00 0.00 5000.00
Preliminary Engineering 21900.00 20% 0.00 4380.00 4380.00 17520.00
Final Engineering 14600.00 0% 0.00 0.00 0.00 14600.00
Project Management 3500.00 5% 0.00 175.00 175.00 3325.00
'TOTALS 63760.00 0.00 18625.00 18625.00 45135.001
Current Charges: $ 18,625.00
Late Fees: $ -
Invoice Total: $ 18,625.00
Account Summary
Current 31-60 61-90 >90 Total Due
$18,625.00 $0.00 $0.00 $0.00 $18,625.00
Federal ID 84-1481837
Jae II* ld/da/°2
Thank you for your business! e i 1_s, T y 3
Invoicing is considered accepted unless challenged it wrrlt=within 14 days from the date of Invoice.
A late payment fee of 1 1/2%per month(18%annum)will be charged on all accounts due over 30 days.
Payments on accounts in default shall first be applied to any late payment fee owed.
Please include Invoice # on all remittances.
INVOICE
334255
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MEMORANDUM t..
CTO: Clerk to the Board DATE: December 30, 2002
•
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Agenda Item 11‘((kk...-
Please submit the enclosed item for the Board's next agenda:
Request a Resolution authorization for Chair to sign all future Disbursement Certificates submitted
for the following Board approved Resolutions/Agreements. Future Disbursement Certificates will
be submitted for Chair's signature only.
• Rocky Mountain Energy Center, LLC, c/o Calpine Corporation, Improvements Agreement (Public Road
Improvements) (Document No. 2002-2288)
Submitted to date:
Disbursement Certificate from Escrow Agreement#13685400 dated August 30, 2002:
Invoice No. 02-062-1, Pickett Engineering, $18,625.00
Invoice No. 334255, Darcy Tiglas, 200.00
Total Disbursement Certificate: $18,825.00
• Rocky Mountain Energy Center, LLC, c/o Calpine Corporation, Maintenance Agreement for WCR
51/Burlington Northern and Santa Fe Railway Crossing (Document No. 2002-2285)
• Rocky Mountain Energy Center, LLC, c/o Calpine Corporation, Agreement for WCR 51 south of I-76
Frontage Road and north of Highway 52 (Document No. 2002-2287)
The appropriate documentation is attached.
Enclosures
pc: Wayne Howard, Project Manager
Jeff Jerome, Operations Division Manager
Mona Weidenkeller
M:\WPFILES\Francle\AGENDA.wpd
2003-0021
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