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Home My WebLink About20180915.tiffRESOLUTION RE: APPROVE PARTIAL RELEASE OF COLLATERAL AND ACCEPTANCE OF WARRANTY COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR15-0027 - HIGH RAIL HOLDINGS, LLC, AND GERRARD INVESTMENTS, LLC, C/O MARTIN MARIETTA MATERIALS, INC. 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 August 12, 2015, the Weld County Board of Commissioners approved an Amendment to a Site Specific Development Plan and Use by Special Review Permit, USR15-0027, (formerly known as USR-1584), for Weld LV, LLC, 3821 Derby Trail, Round Rock, TX 78681, and Gerrard Investments, LLC, 27486 CR 13, Loveland, CO 80534, do Martin Marietta, 10170 Church Ranch Way, Suite 201, Westminster, CO 80021, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (construction business with two shop buildings, office buildings, and outdoor storage) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions to include a Mineral Resource Development Facility, including asphalt and concrete batch plants (materials processing) and transloading in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot B of Recorded Exemption, RE -2803; being part of the SW1/4 and SE1/4, and a tract being part of the SW1/4, all in Section 18, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, on October 3, 2016, the Weld County Commissioners approved an Amended Resolution to include more complete Findings of Fact supporting the Board's decision on August 12, 2015, for the purpose of complying with the Court's Order of Remand in the case of Motherlove Herbal Company, et al, v. The Board of County Commissioners of Weld County, et al, Case No. 2015 CV 30776, and WHEREAS, on December 12, 2016, pursuant to certain Conditions of Approval, the Board accepted an Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Off -site Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and High Rail Holdings, LLC, and Gerrard Investments, LLC, do Martin Marietta Materials, Inc., with terms and conditions being as stated in said agreement, to include collateral in the form of Performance Bond #016070497 from Liberty Mutual Insurance Company, in the amount of $5,803,977.00, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a visual inspection and recommend a partial release of said collateral by accepting a Surety Rider reduction to be attached to and form a part of Performance Bond #016070497, thereby reducing the amount of collateral, to be retained as warranty collateral as related to off -site improvements, to $870,596.55, and 4390458 Pages: 1 of 2 04/12/2018 02:05 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 2018-0915 PL2360 !A M ,4119Ill IA4 Ili III II PARTIAL RELEASE OF COLLATERAL AND ACCEPT WARRANTY COLLATERAL - HIGH RAIL HOLDINGS, LLC, AND GERRARD INVESTMENTS, LLC, C/O MARTIN MARIETTA MATERIALS, INC. - USR15-0027 PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the collateral in the form of Performance Bond #016070497 from Liberty Mutual Insurance Company, in the amount of $5,803,977.00, be, and hereby is, reduced, and warranty collateral in the form of Surety Rider, attached to Performance Bond #016070497 from Liberty Mutual Insurance Company, in the amount of $870,596.55, hereby is accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of March, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:d 4� Weld County Clerk to the Board BY: puty Clerk to the Board ..�� APPR unty Attorney Date of signature: L-1(IO ( f 8' Steve Moreno, Chair /14-4/"(- rbara Kirkmeyer, P o-Tem Sean P. Conway � ulie A. Cozad Mike Freeman 4390458 Pages: 2 of 2 04/12/2018 02:05 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO FdrikriB I4W: 1 I'AFI Yoh II II 2018-0915 PL2360 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular Agenda REQUEST RE: BOCC Agenda Item —Release of collateral and acceptance of new collateral for: Martin Marietta Materials, Inc. — USR15-0027 DEPARTMENT: Public Works DATE: 3/8/2018 PERSON REQUESTING: Evan Pinkham Brief description of the issue: The Department of Public Works received a request from the applicant, Martin Marietta Materials, Inc., requesting that the Board of County Commissioners reduce the currently held collateral in the amount of $5,803,977.00, associated with USR15-0027 to $870,596.55. The $870,596.55 is in the form of a performance bond from Liberty Mutual Insurance Company, and will act as warranty collateral for off -site improvements associated with the site. Weld County Public Works performed a site inspection, at the above -mentioned site, and observed the following: • All items on Exhibit A, of the Improvements Agreement According To Policy Regarding Collateral For Improvements Document #2016-3738, have been completed and are found to be acceptable. Assistant County Attorney Frank Haug has reviewed the Improvements Agreement and Collateral requirements and recommends reduction of the collateral. What options exist for the Board? 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Weld County Collateral List: High Rail Holdings, LLC & Gerrard Investments, LLC c/o Martin Marietta Materials, Inc. (PL2360, #2016-3738) USR15-0027 Improvements Agreement Performance Bond #016070497 from Liberty Mutual Insurance Company $5,803,977.00 Recommendation: The Department of Public Works, and the County Attorney's Office are recommending approval of the collateral reduction for Martin Marietta Materials, Inc. — (USRI5-0027). Schedule as Consent Schedule as Regular Agenda BOCC Item BOCC Hearing Item Other/Comments: Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kirkmeyer, Pro -Tern Steve Moreno, Chair 2018-0915 Martin Marietta August 23, 2017 Mr. Frank Haug Assistant Weld County Attorney 1150 O Street, P.O. Box 758 Greeley, CO 80632 Mr. Evan Pinkham Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 RE: County Road 13 Road Improvements Agreement for USR 15-0027 Hwy34 Facility Dear Gentlemen: Julie Mikulas Land Manager Please accept this letter as our written request for acceptance of the off -site improvements associated with Martin Marietta's USR 15-0027 Hwy 34 Facility Improvements Agreement for the attached as -built plans. This letter will also serve as our request for release of the Project Collateral in accordance with the provisions of Weld County Code Chapter 2 Section 3. We understand that Warranty Collateral will be held for two years following written acceptance of the improvements. Sincerely, Julie Mikulas Land Manager Rocky Mountain Division - Northern Office 1800 N Taft Hill Road, Fort Collins, CO 80534 julie.mikulas@martinmarietta.com www.martinmarietta.com Evan, MEMORANDUM TO: Evan Pinkham DATE 8-24-17 FROM: Gene Pfeif SUBJECT: CR13 Acceptance The punch list items dated 8-6-17 for CR13 Road Improvements (RW16-00255) all have been completed satisfactory. Final inspection happened on 8-18-17 which passed with no problems. Thanks! M:\'Administration\Forms\MemoFormatLogo.doc M:\'Administration\Fonns\MemoFormatLogo.doc SURETY RIDER Liberty Mutual Surety 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 To be attached to and form a part of Bond No. 016070497 Type of Bond: Performance Bond dated effective 09/26/2016 (MONTH -DAY -YEAR) executed by Martin Marietta Materials, Inc. , as Principal, (PRINCIPAL) and by Liberty Mutual Insurance Company , as Surety, in favor of Weld County (OBLIGEE) in consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing the amount of this bond to be hereby decreased to $870,596.55. Current bond amount: $5,803,977.00 Decrease amount $4,933,380.45 New bond amount $870,596.55 Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective 10/24/2017 (MONTH -DAY -YEAR) Signed and Sealed 10/24/2017 By: (MONTH -DAY -YEAR) Martin Marietta Materials, Inc. (PRINCIPAL) Byron Creech, Vice President and Treasurer Liberty Mutual Insurance Company SURETY) (ATTORNEY-I'N-FACT) Rebeca L. fa ez Porras S-0443/LM 8/08 XDP SS THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No, 7711195 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS, That The Ohio Casualty insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual. Insurance Company Is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the -Companieta pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Byron Creech: Krtstv W. Knatzschmar Rebeca L,Gprnez Porras:'Lodd Cjun'lp all of the city of Raleigh , state of NC - ' each Individually if there be ntcre 1kh�t 4tne n , its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on Its behalf as surety midis its act atidfieed aid and all underlakirsge, tegtttdn,:recogtrttiances and elhersurety obligations, lrr'pursuance of these presents and shall be as binding upon the Companies as if they have been signed by the president and att sled try $ secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 4th day of April . ' ,. 2017 The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West Insurance Company By: 4w.. STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 4th day of April 2017 before me personally appeared David M, Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seel Teresa Pastella, Notary Public Upper Merion Twp,, Montgomery County My Commission Expires March 28, 2021 Member, Pennsylvania Assoclalon of Notaries By: David M. Care ,'AssistantSecretary Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant o and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,'. acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary, Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. " t ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and U�; Any officer of the Co ny authorized for that Purpose in writing by the chairman or the president, >. - and subject to such *flagons as the chairmen or the president may prescribe, slid appoint such altomeys-in , as maybe necessary !attain behalf of dm Company to make, execute, seal, acknowledge and deliver as surety any and an undertakings, bonds, recognizances and other surety obligation. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have Ml power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if signed by'the President and attested'by'itle sec 5� _ Certificate of Designation - The President of the Company, acting pursuant to the aylaws of the Company, audtorizes David M. Carey; Assistant Secretary to appoint such atameys ln. fact as maybe necessary to act on behalf of the Companyi.tomake, exec, seal, acknowledge and deliver as surely any and alt undertakings, bonds, recognizances and other sorely obligadats. .. Authorization - By unanimous consent of the Company's Board of hectors; t e Company Consents that facsimile or Mechanically reproduced Signature of any assistant secretary of the Company, wherever appearing upon a certified copy of Any power of -Attorney issued by the Company In corMacti n with surety bonds, shall be valid: and binding upon the Company with theme force and effect as though manually.aftixed. ' .r. "._ . I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casuety Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing Is a'fut,; true and correct copy o f the -Power of Attorney -executed by said Companies, is in full force and effect and has not been revoked. ' = IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of s 4 co O4 f_-0 0 E , am N 0 0 C'' ID N 6NI iN es I - INS_ 12873: 022017 135 of 200 COLORADO Department of Transportation Region 4 Traffic Section 10601 West 10th Street Greeley, Colorado 80634 (970) 350-2148 October 19, 2017 ATTN: Britney Guggisberg 1800 North Taft Hill Road Fort Collins, Colorado 80521 (970) 407-3684 RE: PROJECT COMPLETION CERTIFICATE OF ACCEPTANCE, ACCESS PERMIT NO. 416090, The access is located on US 34, a distance of 4,414 feet east of Mile Post 98 on both sides of the road. "WELD COUNTY ROAD 13" Dear Permittee or Applicant The Colorado Department of Transportation (CDOT) has accepted the certification of the Colorado Registered Professional Engineer in Responsible Charge of Construction Observation that to the best of their knowledge and belief, the construction of the access to the state highway is in compliance with the specifications, terms and conditions of Access Permit No. 416090 The permittee, his or her heirs, successors -in -interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit. If any construction element fails due to improper construction or material specifications, the permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. You are advised that your 2 -year warranty period begins from the date of project acceptance, in accordance with the permit terms and the Access Code. You (the permittee/owner) are advised that the date of acceptance is: 10-19-2017 If you have any questions, please contact me at: (970) 350-2147 Sincerel Bruce Barnett Region 4 10601 West 10th Street, Greeley, Colorado 80634 P (970) 350-2148 F (970) 350-2198 https://codot.gov/accesspermits Hello