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Home My WebLink About20251000.tiffResolution Approve Partial Release of Collateral and Acceptance of Warranty Collateral for Site Plan Review Permits, SPR18-0011 and SPR21-0007 — Great Western Railway of Colorado, LLC, and GWIP, 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, on October 30, 2018, the Weld County Department of Planning Services conditionally approved the application of Great Western Railway of Colorado, LLC, 252 Clayton Street, 4th Floor, Denver, Colorado 80206, for a Site Plan Review, SPR18-0011, for transloading, from rail to truck and truck to rail, (office trailer, storage containers, and two (2) truck weigh stations for the railroad) in the I-3 (Industrial) Zone District, on the following described real estate, to wit: Great Western Railroad Right -of -Way: Portion of Lot B of Amended Recorded Exemption AmRE-833; being part of the E1/2 NE1/4 of Section 25, Township 6 North, Range 67 West and W1/2 NW1/4 of Section 30, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado Whereas, on September 14, 2021, the Weld County Department of Planning Services conditionally approved the application of GWIP, LLC, 252 Clayton Street, 4th Floor, Denver, Colorado 80206, c/o Dean Brown, 2005 Howard Smith Avenue, Windsor, Colorado 80550, for a Site Plan Review, SPR21-0007, for transload of chemicals from rail car in the I-3 (Heavy Industrial) Zone District, per Section 23-3-330.C.35 of the Weld County Code, on the following described real estate, being more particularly described as follows: Lot B of Recorded Exemption RECX16-0067; being part of the E1/2 NE1/4 of Section 25, Township 6 North, Range 67 West, and the W1/2 NW1/4 of Section 30, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado Whereas, on May 3, 2023, the Board of County Commissioners of Weld County, Colorado, approved an Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements for SPR18-0011 and SPR21-0007, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Great Western Railway of Colorado, LLC / GWIP, LLC, with further terms and conditions being as stated in said agreement, and accepted Performance Bond #DVHNSU0830753, insured through the Harco National Insurance Company, 4200 Six Forks Road, Suite 1400, Raleigh, North Carolina 27609, in the amount of $184,696.00, and 5026219 Pages: 1 of 2 04/30/2025 11:17 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IMIMI NIii rI bli I. Ill II cc: pi,. (uE/MN/VR/sTM/KR) .5/X3/25 ©v1basia-. - c, - - as 2025-1000 PL2520 Partial Release of Collateral and Acceptance of Warranty Collateral for Site Plan Review Permits, SPR18-0011 and SPR21-0007 — Great Western Railway of Colorado, LLC, and GWIP, LLC Page 2 Whereas, staff from the Weld County Departments of Public Works and Planning Services conducted a visual inspection and recommend release of said project collateral, and Whereas, upon recommendation of staff, the Board deems it advisable to release said project collateral. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the project collateral in the form of Performance Bond #DVHNSU0830753, insured through the Harco National Insurance Company, in the amount of $184,696.00, be, and hereby is, reduced, and warranty collateral in the form of a Maintenance Bond, to be attached to Performance Bond #DVHNSU0830753, reducing the amount of collateral to $24,090.75, be, and hereby is, accepted. Be it further resolved by the Board that the Clerk to the Board be, and hereby is, directed to return said project collateral to the appropriate issuing party. The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 14th day of April, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppler: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 5026219 Pages: 2 of 2 04/30/2025 11:17 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO �� I�l�•rPl�"C�II��I�I�I:I�uY�l�ti� I�I�LNI'� I' w l� �':�II��II Bill 2025-1000 PL2520 C ov\-\.cc,c..), ZO iv- s a. a-\ MEMORANDUM TO: Clerk to the Board DATE: March 11, 2025 FROM: Jazmyn Trujillo -Martinez, Planning Services Dept. SUBJECT: BOCC Agenda Item — Approve Full Release of Project Collateral and Accept Warranty Collateral For: Great Western Railway of Colorado, LLC — SPR18-0011 GWIP, LLC - SPR21-0007 Request to Approve Full Release of Project Collateral and Accept Warranty Collateral: The Department of Planning Services received a request from Adam Brix, representative for GWIP, LLC, requesting that the Board of County Commissioners release the currently held collateral for GWIP, LLC in the amount of $184,696.00 held in the form of a Performance Bond, Bond Number: DVHNSU0830753, issued by Harco National Insurance Company. is required to be held reason for holding and accept Warranty Collateral in the amount of $24,090.75 procured in the for of a Maintenance Bond, Bond No. 830038, issued by Harco National Insurance Company. Warranty Collateral is required to be held for the duration of the two-year warranty period, which began on January 2, 2025. Weld County Planning Services and Public Works Departments performed a site inspection, at the above -mentioned site, and observed the following: • All items on Exhibit C, of the Improvements Agreement According to Policy Regarding Collateral for Improvements Document Tyler #2023-1241, have been completed and are found to be acceptable. County Attorney's Office has reviewed the Improvements Agreement and Collateral requirements and recommends this full release of Project Collateral and acceptance of Warranty Collateral. Weld County Collateral List: Great Western Railway of Colorado, LLC and GWIP, LLC SPR18-0011 and SPR21-0007 (PL2520, #2023-1241) Improvements and Road Maintenance Agreement Approved 05/03/23 — Contract ID 6827 Performance Bond #DVHNSU0830753 guaranteed by Harco National Insurance Company, 4200 Six Forks Road, Suite 1400, Raleigh, NC 27609 $184,696.00 Recommendation: The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the full release of project collateral and acceptance of warranty collateral for GWIP, LLC - SPR21-0007 and Great Western Railway of Colorado, LLC — SPR18-0011, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. cc: Dawn Anderson, Planning Services 2025-1000 yA 4 p Las ao March 5, 2025 PLANNING SERVICES DEPARTMENT (970) 400-6100 1402 N. 17th Avenue Greeley, CO 80632 Mr. Dean Brown 252 Clayton Street, 4th Floor Denver, CO 80206 Re: Warranty Commencement - Tarquin Transload Facility Dear Mr. Brown, This letter shall serve as notification for your two-year warranty commencement date of January 2, 2025, for safety improvements to Weld County Road (WCR) 23.75. These improvements were required for approved land use cases SPR 18-001 1 & SPR21-0007, Great Western Railway of Colorado, LLC, and GWIP, LLC (Tarquin Transload Facility). The safety improvements and submittal of as-builts have been completed in compliance with the Improvement Agreement recorded on May, 11, 2023 (Recording # 4897567). It will be the responsibility of the developer/owner to contact Weld County Planning Services Department prior to January 2, 2027, for a final walkthrough in advance of warranty collateral release. Feel free to contact me with any questions at dranderson@weld.gov or 970-400-3736. Sincerely, Dawn R. Anderson Development Review Manager Planning Services Department Cc: File Adam Brix, Broe Real Estate Group Nick Marquez, Weld County Department of Public Works co_O‘31) MAINTENANCE BOND Bond No.: 830038 KNOWN ALL BY THESE PRESENTS: That we GWIP, LLC as Principal, and Harco National Insurance Company , a corporation organized and existing under the Laws of the State of Illinois , as Surety, are held and firmly bound unto Board of County Commissioners of Weld County , as Obligee, in the total sum of Twenty-four Thousand Ninety & 75/100 U.S. Dollars ( $24,090.75 ) for the payment whereof said Principal and Surety bind themselves, jointly and severally, as provided herein. WHEREAS, the Principal entered into a contract with the Obligee dated August 1, 2024 for CR 23.75 - SPR18-0011 - Improvements and Road Maintenance ("Work"). NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 1S SUCH, that if the Principal shall maintain and remedy said Work free from defects in materials and workmanship for a period of 2 year(s) commencing on January 22, 2025 (the "Maintenance Period"), then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED, HOWEVER, that any suit under this bond shall be commenced no later than one (1) year from the expiration date of the Maintenance Period; provided, however, that if this limitation is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law, and said period of limitation shall be deemed to have accrued and shall commence to run on the expiration date of the Maintenance Period. SIGNED this 11th day of March 2025 By: By: Gw , LLC (Pri ipal) Teuta Luri , Attorney -in -Fact STATE OF NEW JERSEY STATE OF ILLINOIS County of Essex County of Cook Michael F. Zurcher Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company POWEROFATTORNEY HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 Bond # 830038 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint JESSICA RICHMOND, MARIO ARZAMENDI, LAURA E. SUDDUTH, STEPHANIE GROSS, JENNIE GOONIE, TEUTA LURI, MADISON DIAZ, KATIE CANALES, MARY A. GARCIA, MISTY WITT, AMANDA R. TURMAN-AVINA, BARBARA kinra-r lkl ,OICTIAIA k11A1l1 Houston, TX their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts pf indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attomey, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians; agents for acceptance of process, and Attomeys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2024 ,��, ti?i S OR4 •,. z SEAL o d ,gaa ./s,,,7 On this 31st day of December, 2024 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. ,GPNNY CRGci`, P,\ l'UBOG %l IN TESTIMONY WHEREOF, 1 have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. ✓ U Cathy Cruz a Notary Public of New Jersey My Commission Expires April 16, 2029 CERTIFICATION I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the oriq±nulss on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the maid Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, 1 tfave hereunto set my hand on this day, March 11 , 2025 A00592 Irene Martins, Assistant Secretary Contract For Entity Information Entity Name* GREAT WESTERN RAILWAY OF COLORADO Entity ID* @00013433 Q New Entity? Contract Name" Contract ID RELEASE PROJECT COLLATERAL & ACCEPT WARRANTY 9221 COLLATERAL GREAT WESTERN RAILWAY OF COLORADO LLC AND GWIP LLC SPR1 8-0011 AND Contract Lead* SPR21-0007 JTRUJILLOMARTINEZ Contract Status CTB REVIEW Contract Lead Email jtrujillomartinez@weld.go v Parent Contract ID Requires Board Approval YES Department Project # Contract Description* GREAT WESTERN RAILWAY OF COLORADO LLC AND GWIP LLC SPR1 8-001 1 AND SPR21-0007 RELEASE PROJECT COLLATERAL IN THE AMOUNT OF $184,696.00 AND ACCEPT WARRANTY COLLATERAL IN THE AMOUNT OF $24,090.75 PROCURED IN THE FORM OF A MAINTENANCE BOND, BOND NO.830038 Contract Description 2 ISSUED BY HARCO NATIONAL INSURANCE COMPANY Contract Type* AGREEMENT Amount* $24,090.75 Renewable* NO Automatic Renewal Grant IGA Department PLANNING Department Email CM-Planning@weld.gov Department Head Email CM-Planning- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV Requested BOCC Agenda Due Date Date* 03/27/2025 03/31/2025 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 03/31/2026 Committed Delivery Date Renewal Date Expiration Date* 03/31/2027 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel DAWN ANDERSON CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 03/13/2025 03/14/2025 03/14/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date Tyler Ref # AG041425 Originator JTRUJILLOMARTINEZ Hello