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Home My WebLink About20252779.tiff Resolution Approve Partial Release of Collateral and Acceptance of Warranty Collateral for First Amendment to Site Plan Review Permit, 1AMSPR23-03-362, and Authorize Chair to Sign - Henry Frank, 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 January 3, 2024, the Department of Planning Services conditionally approved the application of Henry Frank, LLC, 8993 Audubon Court, Niwot, Colorado 80503, for a First Amendment to Site Plan Review Permit, 1AMSPR23-03-362, for a Distribution Center in Vista Commercial Center in the PUD (Planned Unit Development) Zone District on the following described real estate, to wit: Lot 3, Block 1 Vista Commercial Center 1st Filing; being part of the NE1/4 of Section 8, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado Whereas, on July 8, 2024, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements for First Amendment to Site Plan Review Permit, 1AMSPR23-03-362, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Henry Frank, LLC, with further terms and conditions being as stated in said agreement, and accepted Performance Bond #7445737, issued by the Old Republic Surety, P.O. Box 1635, Milwaukee, Wisconsin 53201, in the amount of $109,056.88, and 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 collateral in the form of Performance Bond #7445737, issued by the Old Republic Surety, in the amount of $109,056.88, be, and hereby is, reduced, and warranty collateral in the form of a Bond Surety Rider, to be attached to Performance Bond #7445737, reducing the amount of collateral to $16,358.53, be, and hereby is, accepted. Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign said Warranty Collateral Surety Rider. 5061515 Pages: 1 of 2 10/27/2025 10:48 AM R Fee:$0,00 CC:PL(9EMN/OA/Ga/NM/KR) Carly Koppi s, Clerk and Recorder, Weld County , CO �2/off/ZS 2025-2779 11III1 �1 KN/+41I0�I 0 111M1!WiQP�IWI& 111111 PL2520 0h -(( - ato Partial Release of Collateral and Acceptance of Warranty Collateral for First Amendment to Site Plan Review Permit, 1AMSPR23-03-362 — Henry Frank, LLC Page 2 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 13th day of October, A.D., 2025: Perry L. Buck, Chair: Aye ,�re•W»�•�•,,,,, Scott K. James, Pro-Tern: Excused �r: \. f / *%. Jason S. Maxey: Aye /' 46 Lynette Peppier: Aye -1111 Kevin D. Ross: Aye xa�� Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 5081515 Pages: 2 of 2 10/27/2025 10:48 AM R Fee:f,0.00 Carly Koppee, Clerk and Reoorder, Weld County , CO III � �k�Mylti��lP�h� ��,k'r'�IY�h �I III 2025-2779 PL2520 Con'vcc,c S') c `N-1 MEMORANDUM TO: Clerk to the Board DATE: September 30,2025 j J r `�1 FROM: Jazmyn Trujillo-Martinez,Planning Services Dept. V N C TY SUBJECT:BOCC Agenda Item—Approve Decrease in Collateral for Improvements and Road Maintenance Agreement For: Henry Frank,LLC—lAMSPR23-03-362 Request to Approve Decrease in Collateral for Improvements and Road Maintenance Agreement: The Department of Planning Services received a request from the applicant,Henry Frank,LLC,requesting that the Board of County Commissioners consider approving the decrease in collateral for Improvements and Road Maintenance Agreement for(1AMSPR23-03-362).Project Collateral was provided in the form of Performance Bone#7445737 issued by Old Republic Surety in amount of$109,056.88.The applicant is seeking approval to decrease the collateral to the Warranty Collateral amount of$16,358.53 through the form of a Bond Rider to be attached to the original bond.All required work has been inspected and accepted.The Warranty Collateral is required to be retained for the duration of the two-year warranty period. Weld County Planning Services,Public Works,and the County Attorney's Office have reviewed the above mentioned signed original document and observed the following: • All items on Exhibit C,of the Improvements Agreement According to Policy Regarding Collateral for Improvements Document Tyler#2024-1853,have been completed and are found to be acceptable. Weld County Collateral List: Frank,Henry,LLC (PL2520,#2024-1853)AMSPR23-03-362,Improvements and Road Maintenance Agreement, Approved 7/8/2024 Performance Bond#7445737,Old Republic Surety,$109,056.88 Recommendation: The Departments of Planning Services,Public Works,and the County Attorney's Office are recommending approval of the decrease in collateral for Improvements&Road Maintenance Agreement According To Policy Regarding Collateral For Improvements for lAMSPR23-03-362,and that this item be placed on the next regularly scheduled BOCC Hearing,as part of the Regular Agenda. cc: Dawn Anderson,Planning Services 2025-2779 10/13 PL25Z 0 * * SURETY RIDER * (Lik* OLD REPUBLIC SURETY COMPANY *** 0 OLD REPUBLIC INSURANCE COMPANY 0 BITUMINOUS CASUALTY OLD REPUBLIC GENERAL INSURANCE CORPORATION TO BE ATTACHED TO AND FORM PART OF Performance Bond Bond Number 7445737 (Type of bond) IN FAVOR OF Board of County Commissioners of Weld County,Colorado,on behalf of Weld County,Colorado (Obligees) ON BEHALF OF Henry Frank,LLC (Principal) EFFECTIVE April 29th,2024 (Original Effective Date) IT IS AGREED THAT, in consideration of the original premium charged for this bond, and any additional premium that may be properly chargeable as a result of this rider, 1.The Surety hereby gives its consent to: INCREASE 0 CHANGE THE NAME OF THE PRINCIPAL DECREASE 0 CHANGE THE ADDRESS OF THE PRINCIPAL CHANGE THE EFFECTIVE DATE Ei CHANGE THE EXPIRATION DATE Xl OTHER Warranty Collateral in the amount of$16,358.53 (of) the attached bond FROM: Henry Frank,LLC To: Board of County Commissioners of Weld County,Colorado,on behalf of Weld County,Colorado EFFECTIVE:September 24th,2025 2. PROVIDED, however, that this attached bond shall be subject to all its agree- ments, limitations, and considerations except as herein expressly modified, and that the liability of the Surety under the attached bond and under the attached bond as changed by this rider shall not be cumulative. 3. Signed and sealed this Twenty-fourth day of September , 2025 ACCEPTED BY: Old Republic Surety Company SURETY '-ZgLtA .7 By:��)a ,i) ZS Perry L Buck eta,.j Valerie J.Mathiason ATTORNEY IN a' Chair, Board of Weld County Commissioners 3�07 wnooyre p; ORSC 22381 (1/93) o SEAL=' * * * * OLD REPUBLIC S COMPANY * * POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS : That OLD REPUBLIC SURETY COMPANY , a Wisconsin stock insurance corporation , does make , constitute and appoint : RAE L . CAMPBELL , DAVID M . JANSSEN , VALERIE J . MATHIASON , STELLA R . FERRIS , DIANA VIGIL , ANDREA WRIGHT , SEAN M . PENNY , ANDREW FRITZLER , KIRK MALCOLM , OF JOHNSTOWN , CO its true and lawful Attorneys ) - in - Fact , with full power and authority , for and on behalf of the company as surety , to execute and deliver and affix the seal of the company thereto ( if a seal is required ) , bonds , undertakings , recognizances or other written obligations in the nature thereof, ( other than bail bonds , bank depository bonds , mortgage deficiency bonds , mortgage guaranty bonds , guarantees of installment paper and note guaranty bonds , self- insurance workers compensation bonds guaranteeing payment of benefits or black lung bonds ) , as follows : ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby , and all of the acts of said Attorneys - in - Fact , pursuant to these presents , are ratified and confirmed . This appointment is made under and by authority of the board of directors at a special meeting held on February 18 , 1982 . This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18 , 1982 . RESOLVED that , the president , any vice - president , or assistant vice president , in conjunction with the secretary or any assistant secretary , may appoint attorneys - in - fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case , for and on behalf of the company to execute and deliver and affix the seal of the company to bonds , undertakings , recognizances , and suretyship obligations of all kinds ; and said officers may remove any such attorney - in - fact or agent and revoke any Power of Attorney previously granted to such person . RESOLVED FURTHER , that any bond , undertaking , recognizance , or suretyship obligation shall be valid and binding upon the Company ( i ) when signed by the president , any vice president or assistant vice president , and attested and sealed ( if a seal be required ) by any secretary or assistant secretary ; or ( ii ) when signed by the president , any vice president or assistant vice president , secretary or assistant secretary , and countersigned and sealed ( if a seal be required ) by a duly authorized attorney - in - fact or agent ; or ( iii ) when duly executed and sealed ( if a seal be required ) by one or more attorneys - in - fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons . RESOLVED FURTHER , that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification there of authorizing the execution and delivery of any bond , undertaking , recognizance , or other suretyship obligations of the company ; and such signature and seal when so used shall have the same force and effect as though manually affixed . IN WITNESS WHEREOF , OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer , and its corporate seal to be affixed this 11TH day of SEPTEMBER 2025 . OLD REPUBLIC SURETY COMPANY Q acme , osis Assistant Secretary - SEAL i db %re.• 496i STATE OF WISCONSIN , COUNTY OF WAUKESHA - SS •. . t „ � � ''`-� ' ` President On this 11 TH day of SEPTEMBER , 2025 personally Alan Pavlic and ersonall came before me , Kevin J Abitz , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument , and they each acknowledged the execution of the same , and being by me duly sworn , did severally depose and say ; that they are the said officers of the corporation aforesaid , and that the seal affixed to the above instrument is the seal of the corporation , and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation . gyik.„ � ; © ? Aq • . ge A Notary Pubic Y; • , . . , , , . et ..9 ' My conunission expires : 9 / 28 / 2026 CERTIFICATE ( Expiration of notary commission does not invalidate this instrument ) I , the undersigned , assistant secretary of the OLD REPUBLIC SURETY COMPANY , a Wisconsin corporation , CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked ; and furthermore , that the Resolutions of the board of directors set forth in the Power of Attorney , are now in force . 40 - 4216 �,��;,;, , ," man,, et. rne, Signed and sealed at the Cityof Brookfield , WI this /HI dayof a0 a5 `\\\ �JC $ UR��i i b " 9 . SEAL ` ,o a , roe , t *, ; ; Imo��P •Q Assistant Secretary PFS INSURANCE GROUP , LLC 22851 UV POAORS 102020 Clerk to the Board's Office 3m 01 �y... Phone: (970) 400-4225 r4= 1 1150 O Street / , P.O. Box 758 v co L' N T v Greeley, Colorado 80632 www.weld.gov February 11 , 2026 Henry Frank, LLC 8993 Audubon Court Niwot, CO 80503 Re: Reduction of Collateral, 1AMSPR23-03-362 To Whom It May Concern: Enclosed please find a copy of the Board of County Commissioners' Resolution, dated October 13, 2025, authorizing the partial release of collateral, in the amount of $109,056.88, and acceptance of Bond Surety Rider#7745737, held as warranty collateral in the amount of $16,358.53, 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 u@,weld.gov. Respectfully, Jess Reid Deputy Clerk to the Board Enclosures: Resolution #2025-2779 cc: Dawn Anderson, Jazmyn Trujillo-Martinez, and Maxwell Nader, Department of Planning Services; Clerk to the Board File PL2520 Page 1 of 1 Entity Information Entity Name* Entity ID* ❑New Entity? HENRY FRANK LLC @00048121 Contract Name* Contract ID Parent Contract ID REDUCTION OF COLLATERAL RELATED TO 9967 IMPROVEMENTS AND ROAD MAINTENANCE * Requires Board Approval AGREEMENT l AMSPR23-03-362 HENRY FRANK,LLC Contract Lead JTRUJILLOMARTINEZ YES Contract Status Department Project# CTB REVIEW Contract Lead Email jtrujillomartinez@weld.go Contract Description" REDUCTION OF COLLATERAL RELATED TO IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT 1 AMSPR23- 03-362 HENRY FRANK,LLC REDUCE PROJECT COLLATERAL OF$109,056.88 TO WARRANTY COLLATERAL IN THE AMOUNT OF$16,358.53 PROCURED IN THE FORM OF A BOND RIDER TO BE Contract Description 2 ATTACHED TO THE ORIGINAL BOND ISSUED BY OLD REPUBLIC SURETY Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT PLANNING Date* 10/09/2025 10/13/2025 Amount* Department Email $16,358.53 CM-Planning@weld.gov Willa 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 10/13/2026 Termination Notice Period Committed Delivery Date Expiration Date* 10/13/2027 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 RUSTY WILLIAMS BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 10/02/2025 10/02/2025 10/02/2025 Final Approval BOCC Approved Tyler Ref# AG101325 BOCC Signed Date Originator JTRUJI LLOMARTI N EZ BOCC Agenda Date Hello