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Home My WebLink About20012418 RESOLUTION 354 RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL, AND ACCEPT REPLACEMENT COLLATERAL FOR SITE PLAN REVIEW, SPR#325 - CROWN CASTLE ATLANTIC, LLC 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, by Resolution dated June 9, 2000, the Department of Planning Services did approve the application of Crown Castle Atlantic, LLC, 7300 Miller Place #B, Longmont, Colorado 80504, for Site Plan Review, SPR#325, for a 70-foot monopole cell tower and support equipment buildings on the following described real estate, to wit: Lot A of Recorded Exemption #44; located in the E1/2 NE1/4 of Section 10, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on August 7, 2000, the Board of County Commissioner of Weld County, Colorado, did approve 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 Crown Castle Atlantic, LLC, with terms and conditions being as stated in said agreement, and accepted License or Permit Bond #929162344, from Continental Casualty Company, Chicago, Illinois, in the amount of $43,500.00, and WHEREAS, upon recommendation of staff, the Board deems it advisable to release said collateral, and accept License or Permit Bond #6122758, from Safeco Insurance Company of America, Seattle, Washington, in the amount of $43,500.00, as replacement collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that License or Permit Bond #929162344, from Continental Casualty Company, Chicago, Illinois, in the amount of $43,500.00 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. BE IT FURTHER RESOLVED by the Board that License or Permit Bond #6122758, from Safeco Insurance Company of America, Seattle, Washington, in the amount of $43,500.00, be and hereby is, accepted as replacement collateral for Site Plan Review, SPR #325, for Crown Castle Atlantic, LLC. I MIIII 1111 1111111 II 1111111 11111 11111 III Hill IIII 1111 2001-2418 2883354 09/13/2001 12:35P JA Suki Tsukamoto PL1429 1 of 2 R 0.00 0 0.00 Weld County CO 6 CANCEL COLLATERAUACCEPT REPLACEMENT COLLATERAL - CROWN CASTLE ATLANTIC, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of August, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD COUN,'r COLORADO �A,;, ►�. l_a , ATTEST: geig ,,,. . 7 -ile, Ch �� L _ oa C� Weld County Clerk to the � oa . \\\� �,. . u.� Glenn Vaad, BY: �r Deputy Clerk to the Board l VA,e Willi H. Jerke PP VED O FORM: �3. 61 vi E. L ng ounty,Attbrney C , Robert D. Masden Date of signature: 9/v 111111111111 1111111 11 FIFO] 2001-2418 PL1429 2883354 09/13/2001 12:35P JA Suki Tsukamoto 2 of 2 R 0.00 D 0.00 Weld County CO • ACIAL BOND NO. 612 27 58 LICENSE OR PERMIT BOND KNOW ALL MEN BY THESE PRESENT: That we, CROWN CASTLE ATLANTIC. LLC as Principal, and SAFECO INSURANCE COMPANY OF AMERICA , a corporation organized under the laws of the State of Washington with its principal office in the City of Seattle as Surety, are held and firmly bound unto Weld County as Obligee, in the full penal sum of Forty Three Thousand Five Hundred and No/100 Dollars ($ 43.500.00--=---)lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrator, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the above bounded Principal has obtained or is about to obtain from the said Obligee a license or permit for Landscape. Telephone. Electric and Engineering ; and the term of said license or permit is as indicated opposite the space checked below: _Beginning the day of 2001, and ending the day of 2002. _ x Continuous, beginning the 25th day of July 2001. WHEREAS, the Principal is required by law to file with Weld County. 1555 N. 17th Avenue Greeley. CO 80631 , a bond for the above indicated term and conditioned as hereinafter set forth. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden Principal as such licensee or permitee shall indemnify said Obligee against all loss, costs, expenses of damage to it caused by said Principal's non-compliance with or breach of any laws, statues, ordinances, rules or regulations pertaining to such license or permit issued to the Principal, which said breach or non-compliance shall occur during the term of this bond, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, that if this bond is for a fixed term, it may be continued by Certificate executed by the Surety hereon; and PROVIDED FURTHER, that regardless of the number of years this shall continue or be continued in force and of the number of premiums that shall be payable or paid the Surety shall not be liable hereunder for a larger amount, in the aggregate, than the amount of this bond, and PROVIDED FURTHER, that if the Surety shall so elect, this bond may be cancelled by the Surety as to subsequent liability by giving thirty (30) days notice in writing to said Obligee. Signed, sealed and dated this 13th day of June , 2001. CROWN CASTLE ATLANTIC,LLC By:\ ,I. U (SEAL) Kellie E. Rogers,Vice Presiden Finance SAFECO INS LANCE C MP NY OF AMERICA By: (SEAL) Nancy as,Attorney-in-Fact Site Location: 3822 Highway 119 Longmont,CO 80504 Job#13590 2001-2418 fates MEMORANDUM WCTo: Board of County Commissioners August 24, 2001 COLORADO From: Kim Ogle, Planner II Subject: Cancel and Replacement of License or Permit Bond On June 1, 2001, the Department of Planning Services preformed a site investigation of the completed improvements for a seventy (70) foot monopole cell tower and supporting equipment buildings located at 3822 State Highway 119, Case number SPR-325 at the request of Crown Castle, the applicant. The completed improvements for which a draw is being requested includes the construction of Site paving (gravel) and grading, Landscape & Fencing, Telephone and Electric Service. Don Carroll of Weld County Department of Public Works has inspected the items, and in his memorandum of June 13, 2001, indicates he has no conflict with the release of funds. The Department of Planning Services' in their memorandum of June 1, 2001 recommends the withholding of the improvements collateral until the dead, dying or missing landscape items have been replaced and all areas suffering from erosion and/or containing noxious weeds have been addressed. Lee Morrison, Assistant County Attorney, has advised that the release of funds would be in accordance with the terms of the Improvements Agreement. The applicant has submitted a replacement bond for forty-three thousand five hundred and no/100s ($ 43,500.00) dollars. Therefore, the Departments of Planning Services and Public Works recommend that forty-three thousand five hundred and no/100s ($ 43,500.00) dollars (License or Permit Bond #929162344) be released and be replaced with the new bond held by the Clerk to the Board. wpfiles/ogle/kim/cases/collateral/spr325R.wpd SERVICE,TEAMWORK,INTEGRITY,QUALITY caosr-ay/8 . + - 1, , ft \C Almil MEMORANDUM Wilige TO: Monica Daniels-Mika DATE: June 13, 2001 Director of Planning Services COLORADO FROM: Donald Carroll, Engineering Administrator /-- % SUBJECT: SPR-325, Crown Castle International At your request, I made a final inspection on June 13, 2001 . All the transportation items have been verified as being complete. No retained amount is being requested from the Weld County Public Works Department on the transportation portion of this project. Please verify all non-transportation items. VJeld County Planning Dept. ,. Ji,I i 3 2601 pc: SPR-325 Kim Ogle, Planner II DECEIVED Carol Harding, CTB plan2SPr.wpd BOND NO. 929162344 LICENSE OR PERMIT BOND KNOW ALL MEN BY THESE PRESENT: That we, CROWN CASTLE ATLANTIC. LLC as Principal, and Continental Casualty Compa y , a corporation organized under the laws of the State of Illinois with its principal office in the City of Chicago as Surety, are held and firmly bound unto Weld County as Obligee, in the full penal sum of Forty Three Thousand Five Hundred and No/100 Dollars ($43.500.00) , lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrator, successors and assigns,jointly and sever. , firmly by these presents. WHEREAS, the above bounded Principal has i bta ned or is about to obtain from the •said Obligee a license or permit for •-�� ;... ••'_i ; and the term of said license or permit is as indicated opposit- e .p. checked below: Beginning the day of a r 2000, and rte/ ending the clay . \_/ 2001. Continuous, beg g e iii/day f Ji vty 2000. WHEREA., e Principal ire. by Iaile with Weld County. 1555 N. 17th Avenue • :1. _ a •ond o e ove indicated term and conditioned as hereinafter set forth. \\ NOW, THER "•R , CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden Principal . such licensee or permitee shall indemnify said Obligee against all loss, costs, expenses of damage t it caused by said Principal's non-compliance with or breach of any laws, statues, ordinances, rules or regulations pertaining to such license or permit issued to the Principal, which said breach or non-compliance shall occur during the term of this bond, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, that if this bond is for a fixed term, it may be continued by Certificate executed by the Surety hereon; and PROVIDED FURTHER, that regardless of the number of years this shall continue or be continued in force and of the number of premiums that shall be payable or paid the Surety shall not be liable hereunder for a larger amount, in the aggregate, than the amount of this bond, and PROVIDED FURTHER, that if the Surety shall so elect, this bond may be cancelled by the Surety as to subsequent liability by giving thirty (30) days notice in writing to said Obligee. Signed, sealed and dated this 25th day of July 2000. CROWN CASTLE ATLANTIC,LLC By:1/4-"Kei-CLI AA. • (SEAL) Kellie E. Rogers, Vice Presi nt- Finance CONTINENTAL CASUALTY COMPANY By: (SEAL) Nancy mas, Attorney-in-Fact Site Location: 3822 Highway 119 Longmont, CO 80504 - BOND NO. 929162344 • POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT - Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation(herein collectively called"the CCC Surety Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make,constitute and appoint Phyllis Ramirez, Janie Cermeno, Philip N. Bair, Vicie Coleman, Nancy Thomas, Jimmye Langford, Cheryl Baxley, Eric S. Feighl, Mildred L. Massey, Individually • of Houston, Texas their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 29th day of March , 2000 . ��WSU,4r 015118 w CONTINENTAL CASUALTY COMPANY 40 �rfn,xr NATIONAL FIRE INSURANCE COMPANY OF HARTFORD iV comoRtre % C " &y`tom ee R AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA dr teal 4 meTr"' • IV/ \ Marvin J.Cashion Group Vice President State of Illinois, County of Cook,ss: On this 29th day of March , 2000 , before me personally came Marvin J. Cashion,to me known,who, being by me duly sworn, did depose and say:that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. • 'OFFICIAL SEAL' • •• DIANE F Moto i i M•euv t11e9o,1t t•et IAMeb • : -C�-F.. Vaiiica j• My •Commission Ewa*9/17/01 • • My Commission Expires September 17, 2001 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 25th day of July 2000 2�'`oest io. g151Np Mra� CONTINENTAL CASUALTY COMPANY �, b/ �e NATIONAL FIRE INSURANCE COMPANY OF HARTFORD `�' AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA z V S ,ul.r n,°U LL /g may. '902/ • Mary A. Ribikawskis Assistant Secretary (Rev.10/1/97) Hello