HomeMy WebLinkAbout20252563.tiffResolution
Approve Release of Collateral, Authorize Chair to Sign, and Accept Replacement
Collateral for Use by Special Review Permit, USR15-0078 — Circle B Land Company,
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 March 30, 2016, the Weld County Board of Commissioners approved the
application of Circle B Land Company, LLC, 1099 18th Street, Suite 2300, Denver,
Colorado 80202, c/o M3 Construction, LLC, 2861 West 120th Avenue, Suite 250,
Westminster, Colorado 80234, for Use by Special Review Permit, USR15-0078, for a
Mineral Resource Development, including Oil and Gas Support and Service (storage of
tanks, vessels, pipe racks, other oil and gas production equipment and more than one
cargo container as an accessory structure) in the A (Agricultural) Zone District, on the
following described real estate, being more particularly described as follows:
Lot B of Recorded Exemption, RECX14-0110; being part of the E1/2 SE1/4
of Section 27, Township 5 North, Range 61 West of the 6th P.M., Weld
County, Colorado
Whereas, on October 5, 2016, pursuant to certain Conditions of Approval, the Board
accepted an Improvements and Road Maintenance Agreement According to Policy
Regarding Collateral for Improvements between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, and Circle B Land
Company, LLC, with further terms and conditions being as stated in said agreement, to
include collateral in the form of Performance Bond No. LPM9224684, issued by
Fidelity and Deposit Company of Maryland, 1400 American Lane, Schaumburg, Illinois,
60196, in the amount of $2,400.00, and
Whereas, staff from the Weld County Department of Planning Services received a letter
from Circle B Land Company, LLC, requesting that the Board of County Commissioners
release the currently held collateral for USR15-0078, in the amount of $2,400.00,
procured in the form of Performance Bond No. LPM9224684, issued by Fidelity and
Deposit Company of Maryland, and
Whereas, the Board has been presented with replacement collateral in the form of
Performance Bond No. CMS0360797, issued by RLI Insurance Company,
9025 North Lindbergh Drive, Peoria, Illinois 61615, in the amount of $2,400.00, and
Whereas, after review, the Board deems it advisable to accept said Performance Bond
No. CMS0360797, as stated above, a copy of which is attached hereto and incorporated
herein by reference.
5055348 Pages: 1 of 2
09/25/2025 10:29 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
VIII I l+ I145'I+ ' lak VIN, R
cc: PL(DE/MN/DA/TTN/DA/KR) 2025-2563
1%/i3125 PL2416
Release of Collateral and Accept Replacement Collateral for Use by Special Review
Permit, USR15-0078 — Circle B Land Company, LLC
Page 2
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the currently held collateral for USR15-0078, in the amount of $2,400.00,
procured in the form of Performance Bond No. LPM9224684, issued by Fidelity and
Deposit Company of Maryland, be, and hereby is, released, and that replacement
collateral in the form of Performance Bond No. CMS0360797, issued by RLI Insurance
Company, 9025 North Lindbergh Drive, Peoria, Illinois 61615, in the amount of $2,400.00,
be, and hereby is, accepted.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said release form, and the Clerk to the Board be, and hereby is, directed to return said
currently held collateral to the appropriate issuing party.
The Board of County Commissioners of Weld County, Colorado, adopted the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 15th day of September, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Excused
Lynette Peppler: Aye
Kevin D. Ross: Excused
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
5055348 Pages: 2 of 2
09/25/2025 10:29 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
kirdNINO tl NEN ihlkl 1/41 r.+III III
2025-2563
PL2416
or*vcic4 tDaR9 11
MEMORANDUM
TO:
DATE:
FROM:
Clerk to the Board
September 4, 2025
Jazmyn Trujillo -Martinez, Planning Services Dept.
SUBJECT: BOCC Agenda Item — Approve Release of Collateral
and Accept Replacement Collateral For:
Circle B Land Company, LLC — USR 15-0078
Request to Approve Release of Collateral and Acceptance of Replacement Collateral:
The Department of Planning Services received a request from the applicant, Circle B. Land
Company, LLC, requesting that the Board of County Commissioners consider releasing the
currently held collateral for Circle B. Land Company, LLC in the amount of $2,400.00 procured in
the form of Performance Bond No. LPM9224684 issued by Fidelity and Deposit Company of
Maryland and accept replacement collateral in the amount of $2,400.00 procured in the form of
Performance Bond No. CMS03 60797 issued by RLI Insurance Company, 9025 N. Lindbergh Drive,
Peoria, Illinois 61615.
Weld County Planning Services, Public Works, and the County Attorney's Office have reviewed
the above mentioned signed original document and collateral requirements and recommends this
release of collateral and acceptance of replacement collateral.
Weld County Collateral List:
Circle B Land Company
(PL2416 #2016-1088) USR15-0078, Improvements Agreement
Performance Bond # LPM9224684, Fidelity and Deposit Company of Maryland, Non -cancellable
until released by oblige, $2,400.00
Recommendation:
The Departments of Planning Services, Public Works, and the County Attorney's Office are
recommending approval of the release of collateral and acceptance of replacement collateral for
Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For
Improvements for USR 15-0078, and that this item be placed on the next regularly scheduled BOCC
Hearing, as part of the Regular Agenda.
cc: Dawn Anderson, Planning Services
2025-2563
9,15 PLZ4(Lo
RELEASE FORM
Return to: Tami Jones
Lockton Companies.
3657 Briarpark Drive, Suite 700
Houston, TX 77042
Board of County Commissioners of Weld County, Colorado c/o Weld County, CO Planning & Zoning,
on its behalf and on behalf of its parents, affiliates and subsidiaries does hereby release and
discharge the Fidelity and Deposit Company of Maryland, its predecessors, parents, affiliates,
subsidiaries, agents, successors and assigns (hereinafter, the "Surety"), from any and all past,
present and future liabilities and obligations whatsoever under, arising out of, or in any way related
to Bond No. LPM9224684 (hereinafter, the "Bond"); it being the intention of the Board of County
Commissioners of Weld County, Colorado c/o Weld County, CO Planning & Zoning that this release
operate as a full and final release of the Surety's past, current and future liabilities and obligations,
whether known or unknown, to the undersigned under, arising out of or in any way related to said
Bond. The Bond is terminated and cancelled, as of the date noted below, without residual liability.
Board of County Commissioners of Weld County, Colorado
Weld County, CO Planning & Zoning
1402 N. 17th Avenue
Greely, Colorado 8800632
By:
Name/Title: Perry L. Buck, Chair
Date:
SEP 1 5 2025
Attest:
By:
ddrA,A) Je-16,;„i
Clerk to the Board
u
�'
eP lerk to the B rd
y
o?oa5-a5(3
es"
"a"
LOO(TON'
UNCOMMONLY INDEPENDENT
Tarn! Jones
Telephone No.: 713-458-5466
Fax No.: 713-430-5466
Tami jonesclockton.com
September 2, 2025
BY FEDEX
Board of County Commissioners of Weld County, Colorado
Weld County, CO Planning & Zoning
1402 N. 17th Avenue
Greely, Colorado 80632
RE: Principal: Circle B Land Company, LLC
Obligee: Board of County Commissioners of Weld County, Colorado c/o Weld County, CO
Planning & Zoning
RLI Insurance Company Bond No. CMS0360797
(Replacing Fidelity and Deposit Company of Maryland Bond No. LPM9224684)
To Whom It May Concern:
We are pleased to enclose the original of the above referenced bond which has been issued to
replace Fidelity and Deposit Company of Maryland Bond No. LPM9224684 effective immediately
We ask that you please accept the enclosed bond and release Fidelity and Deposit Company of
Maryland Bond No. LPM9224684 at your earliest convenience by issuing a letter of release directly
to the surety, principal or broker as noted below or by signing the enclosed release form.
Lockton Companies
Tami Jones
3657 Briarpark Drive #700
Houston, TX 77042
(713) 458-5466
Tami. oneslockton.com
Samantha Cantu -Crouch
Fidelity and Deposit Company of
Maryland
1299 Zurich Way, 10th Fir
Schuamburg, IL 60196
(847)605-6000
saman(ha.cantucrouch@zurichna.com
Nathan Bennett
Civitas Resources
555 17" St. Suite 3700
Denver, CO 80202
(303)312-8166
nbennett@civiresources.com
We trust you will find the enclosed to be in complete order. However, should you require any
adjustments or need anything additional, please feel free to contact me directly.
Kindest Regards.
Tami Jones
Account Manager -Surety
LOCKTON COMPANIES
3657 Briarpark Drive, Suite 700, Houston, TX 77042 5267
713.458.5200
lockton.tom
PERFORMANCE BOND FOR
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
Bond No. CMS0360797
KNOW ALL PERSONS BY THESE PRESENTS, that (name)Circle B Land
Company, LLC, (addr_ ess ) 555 17th Street, Suite 3700 Denver, CO 80202, a
a(limited liability company) organized under the laws of
the State of Colorado, with its principal office located at
(address) 555 17th Street, Suite 3700 Denver, CO 80202
hereinafter called "Principal", and (name of surety) RLI Insurance
Company, of (address of surety) 9025 N. Lindbergh Drive, Peoria, IL
61615, hereinafter called "Surety" are held and firmly bound unto
hoard of County Commissioners
of Weld County, Colorado, on behalf of Weld County, Colorado,
hereinafter called "Obligee" in the full and penal sum of Two Thousand
Four Hundred and 00/100 Dollars ($2, 400.00) , lawful money of the United
States for the payment of which well and truly made, we bind
ourselves, our heirs, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS, the above -bound Principal has obtained or is about to
obtain from the Obligee a land use permit, namely (insert the specific
permit and number - USR, SPR etc) Special Review USR15-OO78 and
pursuant to the requirements of said permit, has entered into an
Improvements Agreement, dated with Obligee, and
WHEREAS, The Improvements Agreement requires Principal to obtain
a performance bond in an amount equal to the total cost of the
improvements for which Principal is responsible and naming Obligee as
beneficiary, and
WHEREAS, the value of improvements for which Principal is
responsible equals Two Thousand Four Hundred and 00/100 Dollars
($2, 400.00) and
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
Principal shall well, truly and faithfully perform its duties, and all
of its undertakings, covenants, terms, and conditions as set forth in
the Improvements Agreement, and if Principal shall satisfy all claims
and demands set forth in said agreement, and shall fully indemnify and
save harmless Obilgee from all costs and damages which it may suffer by
reason of Principal's failure to perform as agreed, and shall reimburse
and repay Obligee all Outlay and expense which Obligee may incur in
making good any default, then this obligation shall be null and void;
PROVIDED FURTHER, that if Principal shall default in any of its
obligations set forth in the Improvements Agreement, and thereafter
fail to fully indemnify and save harmless Obilgee from all costs and
damages which it may suffer by reason of said default, this
obligation shall remain in full force and effect;
PROVIDED FURTHER, regardless of the number of years this Bond is in force, or
the number of continuation certificates issued, the liability of the Surety
shall not be cumulative in amounts from period to period and shall in no event
exceed the amount set forth above, or as amended by rider;
PROVIDED FURTHER, that Surety, for value received hereby stipulates
and agrees that no change, extension of time, alteration or addition
to the terms of the Improvements Agreement to the work to be performed
thereunder, shall in any way affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Improvements Agreement.
PROVIDED FURTHER, this bond is NONCANCELLABLE, and shall renew
annually automatically, from the date of this bond until its release
by Obligee, to guarantee that Principal shall well, truly and
faithfully perform its duties, and all of the undertakings, covenants,
terms, and conditions set forth in the Improvements Agreement, and any
extensions thereof which may be granted by Obligee with or without
notice to Surety.
The parties to this Performance Bond acknowledge that through the
Improvements Agreement, Obligee reserves the right to require
Principal to obtain a different Performance Bond from a financial
institution other than Surety in the event that the rating of Surety
by AM Best falls below a B+ rating.
IN WITNESS WHEREOF, this instrument is executed in four (4)
counterparts, each one of which shall be deemed an original, this 1st
day of September 2025.
Circle B Land Company, LLC
Secretary/Witness
tray AnwJk
(SEAL)
By:
Erica Kneitz, Witness
3657 Briarpark Drive, Suite 700
Address
Principal
Title than Bennett,
irector,Permitting & Compliance
RLI Insurance Company
By:
Tami es, Attorney -in -Fact
3657 Briarpark Drive, Suite 700
Address
jiouston._ TX 77042 j,ouston, TX 77042
Address Address
IMPORTANT: Surety company executing bond must appear on the Treasury
Department's most current list (Circular 570 as amended) and be authorized
to transact business in the State of Colorado.
Bond must be accompanied with Attorney -in Fact's authority from the surety
company certified to include the date of the bond.
ao?'\
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N. Lindbergh Dr. Peoria, II. 61615
Phone: 800-645-2402
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation. (separately and
together, the "Company") do hereby make, constitute and appoint:
Timothy F. Kelly. Robert F. Bobo, Florence McClellan, Aaron P. Clark, Nick Patetta, Laura Kneitz, Teresa D. Kelly. Craig C. Payne,
Rachel Richardson. Tami Jones. Daisy Greathouse. Erica Kneitz, Kala Kelly. Josh Wright. Lauren Rumsey, Ivette Bustos, Walker Wilks,
jointly or severally
in the City of Houston , State of Texas its true and lawful Agent(s) and Attorneys) in Fact, with
full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all
bonds and undertakings in an amount not to exceed Twenty Five Million Dollars
( $25,000,000.00 ) for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been
executed and acknowledged by the regularly elected officers of the Company.
RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the
following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of
the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate
seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The
signature of any such officer and the corporate seal may be printed by facsimile."
IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have
caused these presents to be executed by its respective Sr. Vice President with its corporate seal affixed this 6th day of
March , 2025 .
State of Illinois
SS
County of Peoria
o�••....So
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On this S. day of March , 2025 , before me, a Notary Public,
personally appeared Eric Raudins , who being by me duly sworn,
acknowledged that he signed the above Power of Attorney as the aforesaid
officer of the RLI Insurance Company and/or Contractors Bonding and
Insurance Company and acknowledged said instrument to be the voluntary
act and deed of said corporation.
By:
JILL A SCOTT
••• Notary Public
State of Ohlo
o My Comm. Expires
September 22. 2O25
Notary Public
4234903020212
RLI Insurance Company
Contractors Bonding and Ins nce Company
By:
Eric Raudins
CERTIFICA'T'E
Sr. Vice President
I. the undersigned officer of RLI Insurance Company and/or
Contractors Bonding and Insurance Company, do hereby certify
that the attached Power of Attorney is in full force and effect and is
irrevocable; and furthermore, that the Resolution of the Company as
set forth in the Power of Attorney, is now in force. In testimony
whereof, I have hereunto set my hand and the seal of the RLI
Insurance Company and/or Contractors Bonding and Insurance
Company this ,1st day of September . 2025 .
RLI Insurance Company
Contractors Bonding and Insurance Company
By:
Jeffrey I i ck
jic,ic.
Corporate Secretary
A0058D19
Contract Form
Entity Information
Entity Name*
CIRCLE B LAND COMPANY LLC
Entity ID*
O00050251
Contract Name*
RELEASE OF COLLATERAL AND ACCEPTANCE OF
REPLACEMENT COLLATERAL CIRCLE B LAND COMPANY
LLC USR 1 5 -0078
Contract Status
CTB REVIEW
f) New Entity?
Contract ID
9917
Contract Lead *
JTRUJILLOMARTINEZ
Contract Lead Email
jtrujillomartinez@weld.go
v
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description *
RELEASE OF COLLATERAL AND ACCEPTANCE OF REPLACEMENT COLLATERAL CIRCLE B LAND COMPANY LLC
USR 1 5-0078 RELEASE CURRENTLY HELD COLLATERAL IN THE AMOUNT OF $2400.00 PROCURED IN
PERFORMANCE BOND NO. LPM9224684 ISSUED BY FIDELITY AND DEPOSIT COMPANY AND
Contract Description 2
ACCEPT REPLACEMENT COLLATERAL PROCURED IN THE FORM OF PERFORMANCE BOND NO. CM50360797 ISSUED
BY RLI INSURANCE COMPANY, 9025 N LINDBERGH DRIVE, PEORIA, ILLINOIS 61615
Contract Type * Department
AGREEMENT PLANNING
Amount*
$2,400.00
Renewable *
NO
Automatic Renewal
Grant
IGA
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
Date *
09/17/2025
Due Date
09, 13 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
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
DAWN ANDERSON
DH Approved Date
09/10/2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
09/15;x`2025
Review Date *
09 1 7.2026
Committed Delivery Date
Contact Type
Contact Email
Finance Approver
CHERYL PATTELLI
Renewal Date
Expiration Date*
09/17;2027
Contact Phone 1
Purchasing Approved Date
Finance Approved Date
09, 10,-'2025
Tyler Ref #
AG 091 525
Legal Counsel
BYRON HOWELL
Contact Phone 2
Legal Counsel Approved Date
09/10/2025
Originator
JTRUiILLOMARTINE7
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