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Home My WebLink About20252563.tiff Resolution 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 Cc:PL(DE/MN/DA/ITN/DA/KR) 2025-2563 Carly Kooppe/2025 1Cler�k and Recorrder,,OWed County CO 1%/13/25 PL2416 III IrAnkald'I 'M� ��r� � r�'�P:��M��i�� II III o v,b os)._ a -"`- a 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-Tern: Aye ��: \ PIN� Jason S. Maxey: Excused I .. 0 Lynette Peppler:Y pp Aye kt 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 2025-2563 09/25/2025 10:29 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County : CO P L24 1 6 1111 h4��w�l rl� 'I* hl�l ILO VA a AID 1/41 11111 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 80632 BY `� Name/Title: Perry L. Buck, Chair Date: SEP 1 5 2025 4001111. Attest: W • AA4Ell,, • Clerk to the Board ��. �.•no,lA By: e u lerk to the BC d P Y \OffgWv‘c4 aoa5-a5('3 PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Bond No. LPM9224684 KNOW ALL PERSONS BY THESE PRESENTS, that (name)Circle B Land Company, LLC , (address) 1099 18th Street, suite 2300, Denver, CO 8020 , a (limited liability company) organized under the laws the State of eto ra a , with its principal office located :t (address) 1099 18th Street, suite 2300, Denver, CO 80202 hereinafter called "Principal", and (name of surety) Fidelity an, Deposit Company of Maryland , of (address of surety) 400 American Lane, Schaumburg, IL 60196 , hereinafter call' . "Surety" are held and firmly bound unto Board of County Co •. ssioners of Weld County, Colorado, on behalf of Weld County, Color_ o, hereinafter called "Obligee" in the full and penal sum o, Two Thousand Four Hundred and no/100 Dollars ($2, 400.00) , lawful mo ey of the United States for the payment of which well and truly ade, we bind ourselves, our heirs, administrators, successors an. assigns, jointly and severally, firmly by these presents. WHEREAS, the above-bound Principal has ob':ined or is about to obtain from the Obligee a land use permit, nal y (insert the specific permit and number - USR, SPR etc)_ Special '-view USR15-0078 and pursuant to the requirements of said p- it, has entered into an Improvements Agreement, dated , with Obligee, and WHEREAS, The Improvements Agreem: t requires Principal to obtain a performance bond in an amount equal o the total cost of the improvements for which Principal is esponsible and naming Obligee as beneficiary, and WHEREAS, the value of impr. ements for which Principal is responsible equals Two Thousand our Hundred and no/100 Dollars ($2, 400.00)and NOW, THEREFORE, THE CONDIT 'N OF THIS OBLIGATION IS SUCH, that if Principal shall well, tr . y and faithfully perform its duties, and all of its undertakings, co -nants, terms, and conditions as set forth in the Improvements Agre: ent, and if Principal shall satisfy all claims and demands set fort in said agreement, and shall fully indemnify and save harmless Obi'. e from all costs and damages which it may suffer by reason of Princip. ' s failure to perform as agreed, and shall reimburse and repay Oblige all outlay and expense which Obligee may incur in making good an default, then this obligation shall be null and void; PROVIDED FU• HER, that if Principal shall default in any of its obligation- set forth in the Improvements Agreement, and thereafter fail to .11y indemnify and save harmless Obilgee from all costs and damages hich it may suffer by reason of said default, this obligation shall emain in full force and effect; PRO DED FURTHER, regardless of the number of years this Bond is in force, or t number of continuation certificates issued, the liability of the Surety - all not be cumulative in amounts from period to period and shall in no event -xceed the amount set forth above, or as amended by rider; Collateral Released - No Longer Required by Board of Weld County Commissioners date: ] � p Dep Clerk to the Board 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 re ew annually automatically, from the date of this bond until its re ease by Obligee, to guarantee that Principal shall well, truly and fa' hfully perform its duties, and all of the undertakings, covenants, -rms, and conditions set forth in the Improvements Agreement, and any extensions thereof which may be granted by Obligee with or without n. ice to Surety. The parties to this Performance Bond acknowledge that hrough the Improvements Agreement, Obligee reserves the right . require Principal to obtain a different Performance Bond from a fina' ial institution other than Surety in the event that the rating o Surety by AM Best falls below a B+ rating. IN WITNESS WHEREOF, this instrument is exec ed in four (4) counterparts, each one of which shall be d- -med an original, this 14th day of September , 2016. ircle B Land Com.an , LLC rincipal B y: 14/0144C, Principal Secretary/Witness Anket -'61.0171161012 (SEAL) Fidelity and Deposit Company of Maryland Ivey Bec itneSS © _ e ... estmoreland, torney-in-Fact PO Box 2992 PO Box 2992 Address Address Wichita, '. 67201 Wichita, KS 67201 Address Address IMPO• ANT: Surety company executing bond must appear on the Treasury Dep. tment' s most current list (Circular 570 as amended) and be au• orized to transact business in the State of Colorado. .ond must be accompanied with Attorney-in Fact's authority from the surety company certified to include the date of the bond. ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the .,to of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and - FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "r.mpanies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of th= :y-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the . e hereof,do hereby nominate,constitute,and appoint Bret S.BURTON,Tim H.HEFFEL,Desiree E.WESTMORELAND,Timothy ' aig Smith,David B. McKinney,Simon KINDEL and Ivey M.BECK,all of Wichita,Kansas, EACH its true and lawful agent and : orney-in-Fact,to make, execute,seal and deliver,for,and on its behalf as surety,and as its act and deed:any and all bonds and undert+ •ngs,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as full • d amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Z ' ' AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL I ERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side h- =. is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her . es and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN ASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 11th day of Feb ,A.D.2016. ATTEST: ZURICH AMERICAN INSURANCE COMPANY r i LONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND µauk 1) orrps •^�,i_lNS� o �01 SEAL (+/ ,,['7 \Ifw • i 1608 *O jr 4 s D7 "rrru*rN"� BY Secretary Vice President Eric D.Barnes Thomas O.McClellan State of Maryland County of Baltimore On this 11th day of February,A.D. .16,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O. MCCLELLAN, Vice President, d ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the • • eding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Co• .• y aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and th- gnature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY . ' OF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. ,i%ptul/go rtGi,�iiiiii r 92a,,,,;,, Maria D.Adamski,Notary Public My Commission Expires:July 8,2019 POA-F 076-6692B EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attornevs-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed b; facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN'1'ES•1'IMON Y WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this/ 1 day of Sext,Iefrj ,20J. ' cFP.oti • 1 .4•no .W.�34 c� or. O otoil £LP /2J Michael Bond,Vice President conhvvc4- lD RC L1 MEMORANDUM TO: Clerk to the Board \1 111 ,T r. DATE: September 4,2025 W�� J/�j rj J; FROM: Jazmyn Trujillo-Martinez, Planning Services Dept. GOUNTY 1 SUBJECT: BOCC Agenda Item—Approve Release of Collateral and Accept Replacement Collateral For: Circle B Land Company, LLC—USR15-0078 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.CMS0360797 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 USR15-0078,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 c1/5' FL ?L L Lo Clerk to the Board's Office 1'=p`1861 Phone: (970) 400-4225 J 1150 O Street n � 9, v' ' P.O. Box 758 COUNTY Greeley, Colorado 80632 www.weld.gov February 11 , 2026 Fidelity and Deposit Company of Maryland 1400 American Lane Schaumburg, II, 60196 Re: Release Performance Bond No. LPM9224684 — Circle B Land Company, LLC To Whom It May Concern: Enclosed please find the released Performance Bond No. LPM9224684 and a copy of the Board of County Commissioner's Resolution, dated September 15, 2025, authorizing the release of said Performance Bond, held as warranty collateral in the amount of $2,400.00 for the above referenced case. If you have questions or need additional information, please do not hesitate to contact me at (970) 400-4212 or jreid@weld.gov. Respectfully, Jess Reid Deputy Clerk to the Board Enclosures: Released Performance Bond No. LPM9224684; Resolution #2025-2563 cc: Dawn Anderson, Jazmyn Trujillo-Martinez, and Maxwell Nader, Department of Planning Services; Clerk to the Board File PL2416 Page 1 of 1 U.S. Postal Service'" m CERTIFIED MAIL`"' RECEIPT Domestic Mail Only .3 For delivery information,visit our website at www.usps.com . ru N Certified Mail Fee $ ul Extra Services&Fees(check box,add fee as appropriate) r-R ❑Return Receipt(hardcopy) $ 0 Return Receipt(electronic) $ Postmark 0 0 Certified Mail Restricted Delivery $ Here r- ❑Adult Signature Required $ ❑Adult Signature Restricted Delivery$ L1-) Postage O $ r-R Total Postage and Fees r- $ O aunt TQ St - tree aQandA L Nd.,o P6 8 �� CO tv h4---Qf--- `#t4Y14! Lf Ot0 et La Ztfm \CC1►\n 1r� T aA.A.NANeLks - _.L to 019 b P F.rm 3800 J.nuar 202 P - '- r ••R•v-r •f. In \ 1561 /,tea. Clerk to the Board's Office • Phone: (970) 400-4225 1150 0 Street n ' P.O. Box 758 GDP N T Y Greeley, Colorado 80632 6 ; I www.weld.gov February 11, 2026 Circle B Land Company, LLC 1099 18th Street, Suite 2300 Denver, CO 80202 Re: Release Performance Bond No. LPM9224684 — Circle B Land Company, LLC To Whom It May Concern: Enclosed please find copies of the letter to the insurance company, released Performance Bond No. LPM9224684, and a copy of the Board of County Commissioner's Resolution, dated September 15, 2025, authorizing the release of said Performance Bond, held as warranty collateral in the amount of $2400.00 for the above referenced case. If you have questions or need additional information, please do not hesitate to contact me at (970) 400-4212 or jreid(aweld.gov. Respectfully, Jess Reid Deputy Clerk to the Board Enclosures: Copies of Letter to Insurance Company, Released Performance Bond No. LPM9224684; Resolution #2025-2563 cc: Dawn Anderson, Jazmyn Trujillo-Martinez, and Maxwell Nader, Department of Planning Services; Clerk to the Board File PL2416 Page 1 of 1 Contract Form Entity Information Entity Name* Entity ID* r] New Entity? CIRCLE B LAND COMPANY LLC @00050251 Contract Name* Contract ID Parent Contract ID RELEASE OF COLLATERAL AND ACCEPTANCE OF 9917 REPLACEMENT COLLATERAL CIRCLE B LAND COMPANY Contract Lead* Requires Board Approval LLC USR15-0078 YES JTRUJILLOMARTINEZ Contract Status Department Project # CTB REVIEW Contract Lead Email jtrujillomartinez@weld.go v Contract Description* RELEASE OF COLLATERAL AND ACCEPTANCE OF REPLACEMENT COLLATERAL CIRCLE B LAND COMPANY LLC USRI 5-0078 RELEASE CURRENTLY HELD COLLATERAL IN THE AMOUNT OF S2400.00 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. CMS0360797 ISSUED BY RLI INSURANCE COMPANY, 9025 N LINDBERGH DRIVE, PEORIA, ILLINOIS 61615 Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT PLANNING Date* 09 13 2025 09/17/2025 Amount* Department Email S2,400.00 CM-Planning@weld.gov Will a work session with BOCC be required?* NO Renewable* Department Head Email NO CM-Planning- Does Contract require Purchasing Dept. to be DeptHead@weld.gov included? Automatic Renewal NO County Attorney Grant GENERAL COUNTY ATTORNEY EMAIL IGA County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV 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 Review Date* Renewal Date 09 17 2026 Termination Notice Period Committed Delivery Date Expiration Date* 09/1 7/2027 Contact Information 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 09 '10 2025 09/10/2025 09 10 2025 Final Approval BOCC Approved Tyler Ref# AG 091525 BOCC Signed Date Originator JTRUJILLOMARTINEZ BOCC Agenda Date 09'15 2025 Hello