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Home My WebLink About20150722.tiff RESOLUTION RE: APPROVE CANCELLATION AND FINAL RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT #1695 - A & W WATER SERVICE, 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, by Resolution dated March 3, 2010, the Board of County Commissioners approved the application of A & W Water Service, Inc., 1892 Denver Avenue, Fort Lupton, Colorado 80621, for a Mineral Resource Development Facility, including Oil and Gas Support and Services (water supply and storage, potash mixing and storage, and production pipe and equipment storage area) in the A (Agricultural) Zone District on the following described real estate, to wit: Part of the E1/2 of Section 31, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on October 18, 2010, the Board of County Commissioners of Weld County, Colorado, approved an Improvements 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 A&W Water Service, Inc., with terms and conditions being as stated in said agreement, and accepted Performance Bond No. B006081, drawn on U.S. Specialty Insurance Company, 13403 Northwest Freeway, Houston, Texas 77040, in the amount of $145,240.00, and WHEREAS, by Resolution dated November 23, 2011, after staff from the Weld County Department of Public Works conducted a visual inspection and recommended the partial release of said collateral, in the amount of $123,454.00, the Board was presented with and accepted replacement Performance Bond No. B006951, drawn on U.S. Specialty Insurance Company, 13403 Northwest Freeway, Houston, Texas 77040, in the amount of $21,786.00, as warranty collateral. WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a visual inspection and recommend final release of said warranty collateral. WHEREAS, upon recommendation of staff, the Board deems it advisable to release said collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Performance Bond No. B006951, drawn on U.S. Specialty Insurance Company, 13403 Northwest Freeway, Houston, Texas 77040, in the amount of $21,786.00 be, and hereby is, canceled and released. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said collateral to the appropriate issuing party. P((erg' 4096708 Pages: 1 of 2 CG 04/06/2015 04:16 PM R Fee:$0.00 (jN62/ Carly Koppes. Clerk and Recorder. Weld County. CO 514 2015-0722 VIII MIr1PY?Fri:«Iti I�IY IiIhL ti.hr�lNtiIMI�F � �I III PL2035 CANCEL COLLATERAL-A&W WATER SERVICE,INC.(USR#1695) PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 18th day of March,A.D.,2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,C LORADO ATTEST:, Xid4;ck �_ �� arbara Kirkme r,Chair Weld County Clerk to the Board Mike Freeman,Pro-Tem BY- I ty Clerk to,,the :1•` r•�►�'- Sean P.Co ay APPROVED AS TO FO : Julie A. County Attorney Steve Moreno Date of signature: 4 4096708 Pages: 2 of 2 04/06/2015 04:16 PM R Fee:$0.00 Carly Koppes, Clerk Ind Recorder, Weld County. CO ■IIIEU�1N+'7Y �1i4,4k+�1�+��4�r f��Ll'A��'�I �If�h�IIII 2015-0722 PL2035 MEMORANDUM TO: Clerk to the Board T. - ,,' DATE: 3/11/2015 FROM: Richard Hastings, Public Works Department �1] COUNTY : SUBJECT: BOCC Agenda Item -Final Release of Collateral A& W Water Services—(USR-1695) Request for Final Release of Collateral: The Department of Public Works received a request from the applicant, Jeff Wright/A&W Water Service, requesting an inspection of the property in order to obtain the fmal release of collateral, for the improvements to the Oil and Gas Support and Services Facility, (USR-1695), located at CR 38.5 and State Highway 60, southwest of the town of Gilcrest. Weld County Public Works Department performed a site inspection, at the above mentioned site, and observed the following: • All Public Works related items on Exhibit A, of the Improvements Agreement According To Policy Regarding Collateral For Improvements Document#2010-2487,have been completed and are found to be acceptable. Weld County Collateral List: A& W Water Service, Inc. (PL2035 -#2010-2487) USR#1695 10/18/2010 Improvements Agrmt, Performance Bond B006081, U.S. Specialty Insurance Company. Noncancellable and shall renew annually automatically. $145,240.00 Partial Release. Received Replacement Bond -123.454.00 B006951 for 2 year warranty. (11/23/2011) $21,786.00 Recommendation: The Departments of Public Works and Planning Services are recommending final release of collateral, as shown above from the Weld County Collateral List, in the amount of$21,786.00 pc: Elizabeth Relford,Public Works Chris Gathman,Planning Services 2015-0722 U:\Engineering\PLANNING-DEVELOPMENT REVIEW\-Pre-Accela Referrals(Old Numbering)1USR-Use by Special Review\USR-1695 A&W Water Services\Improvements AgreementWFinal Release of Collateral(USR-1695)A&W Water-MEMO.docx CLERK TO THE BOARD ��\ 1861 / ' PHONE: (970) 336-7215, Ext 5226 %4I FAX: (970) 336-7233 rl r 1150 O STREET _� pi:4st P. A BOX 632 � GREELEY, COLORADO 80632 ric„ „ April 10, 2015 A & W Water Service, Inc. 1892 Denver Avenue Fort Lupton, Colorado 80621 RE: Cancellation and release of Collateral — A & W Water Service, Inc. A & W Water Service, Inc.: Attached hereto please find the recored copy of the Board of County Commissioners Resolution releasing the collateral for A & W Water Service, Inc., in the amount of $21,786.00, and copies of the cancelled replacement Performance Bond B006951, which superceded Performance Bond B006081, and was issued by US Specialty Insurance Company, 13403 Northwest Freeway Houston, Texas, 77040, and related to land use permit USR-1695. The terms of the agreement have been met. The original Performance Bond was returned to US Specialty Insurance Company. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4217. Very truly yours. BOARD OF COUNTY COMMISSIONERS Tisa Juanicorena, Deputy Clerk to the Board �! CLERK TO THE BOARD �861%eit PHONE: (970) 336-7215, Ext. 5226 FAX (970) 336-7233 1150 O STREET P. O. BOX 752 Y GREELEY, COLORADO 80632 1001-f _ 4_ oNT April 10, 2015 US Specialty Insurance Company 13403 Northwest Freeway Houston, Texas 77040 RE: Cancellation and release of Collateral —A & W Water Service, Inc. US Specialty Insurance Company: Attached hereto please find the recored copy of the Board of County Commissioners Resolution releasing the collateral for A & W Water Service, Inc., in the amount of $21,786.00, and the return of the original replacement Performance Bond B006951, which superceded Performance Bond B006081, and was issued by US Specialty Insurance Company, 13403 Northwest Freeway Houston, Texas, 77040, and related to land use permit USR-1695. The terms of the agreement have been met. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4217. Very truly yours. BOARD OF COUNTY COMMISSIONERS BY Tisa Jutanicorena, Deputy Clerk to the Board **THIS BOND REPLACES AND SUPERSEDES U.S. SPECIALTI INSURANCE COMPANY BOND NO. 6006081** Bond No. B006951 BOND feaV' Ot'e< w �l'-OF WELD COUNTY, COLORADO eRP`' �oNGEv co"`"� G��LP SEO NOe`d Gou &W Water Service, Inc. of 1892 Denver ikeLEP'<d pf �v'— P± � under the laws of the State of Colorado. \J „r l „ i e, y Lupton. Colorado 80621. hereinafter called date. e8°ato , o�� pecialty Insuran lt -{Vorth west Freeway, Houston, Texas 77040, y' per - called 'Surety" are held and r�., . nto Board of County Commissioners of Weld ounty, Colorado, on behalf of Weld County, Colorado, hereinafter called "Obligee'' in the full penal sum of Twenty One Thousand Seven I lundred Eighty Six and No/100 Dollars ($2_1,786.00), lawful money of the Unites States, far the payment of which well and truly made. we hind 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 USR-1695, 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 Twenty One Thousand Seven Hundred Eighty Six and No/100 Dollars ($21,786.00). NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal shall well, truly and Iaithfu1iy perform its duties. and aii 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 Obligee 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 Obligee from all costs and damages which it may sutler by reason of said default. this obligation shall remain in full force and effect: Page I of? **TIIIS BOND REPLACES AND SUPERSEDE-' SPECIALTY INSURANCE COMPANY BOND NO. B00608I** Oa1d PROVIDED FURTH' ��co'0A :eived hereby stipulates and agrees that no change, extension oc R��e Ives Stan 'e Improvements Agreement to the work to be p1/4 et �G��teatO� t to n this bond, and it does hereby waive notice G\_Sh. Stet ty GO / � ht °'�Jthe terms of the Improvements Agreement. 6 G \A ans ond is , and ually date JtY to<K t\ltgoabond rmtbl its release a e� Etrantee thalt Principal shall well,automatically, by' �eP dy 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 reserved 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 he deemed an original, this 9"' day of November, 201 I - A&W Water Service, Inc. Principal .,r S, - , mac+ ` Prirtcipal Secretary/Witness Title Title - (SEAL) U.S Spcc�a,ltyJpsttrance Company fr (,t� J!a - .I�,ith,1-Al ' By. Myisha e ferson, Wkinte4s as to Surety Edwin H. Frank III. Attorney-in-Fact 777 Post Oak Boulevard, Suite 330 13403 Northwest Freeway Address Address Houston, Texas 77056 Houston, Texas 77040 ._ Address Address IMPOR FANT: 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 Facts authority from the surety company certified to include the date of the bond. Page 2ol2 �ycard F ATTORNEY AMER,- Q by 6 .COMPANY' TEXAS BONDING COMPANY QVVFLE U.S.SPECIALTY INSURANCE COMPANY KNOW R^P� oNGER RO�et5 �� rtr� ,i4demnity Company, a California corporation, Texas �P -se O NO t mm5 -.. __. _ � ✓ yany, a California corporation, United States Surety GO 04,5E O%qty GO, - / - �..'n.. e Rcorporation(collectively,the"Companies"), do by iike°f : `\ y'✓Board oink, Ill \' o 'ouston,Texas 7, ° ♦. date j A 7V" -0tbe , •,-fact, each in their sepa�. r(�.--• 1�-.� 1' one is named above, with full power and authority • / GYe flame. place and stead, to execute,a*'.`Ith):'•a 1 jl er any and all bonds, recognizances, undertakings by•,DeP ..sments or contracts of suretyship to inclur • Irnn...nei ndments, and consents of surety, providing the bond ../ does not exceed *********************Three Million********************* Dollars ($ **3,000,000.00** ). fins Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved. that the President any Vice-President.any Assistant Vice-President,any Secretary or any Assistant Secretary shall he and is hereby vested with fill power and authority to appoint any one or more suitable persons as Attorneyts)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions. Anornev-in-Fact may be given cult power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances.contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary Be it Resolved. that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall he valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,on November 9, 2011 AMERICAN CONTRACTORS INDE•INITY COMPANY TEXAS BONDING COMPANY UNITED STALES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY Corporate Seals /V.LTD,tt .;; Try r -- - ---- 434` }hj�'��, wv"` Mutt , SEAL i''� ffI14,17 � 'r . ` r + Daniel P.Aguilar,Vice President State of California 4a 1' _N;eon _2 County of Los Angeles SS: On Nnvamhar 9 7(111 , before me, Deborah Reese, a notary public, personally appeared Daniel P. Aguilar,Vice President of American Contractors Indemnity Company. Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity.and that by his signature on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. .. _ DESO"a"IIEESE Signature _ / �.sr>` CaeNwen/t92eW� g JPUR& ,,ter3,._ (Seal) 1:x Wary•'., ry Palo•Caaanato \z s+/ tw MOM'S Conty My Comm.(vim M"It z9IS f I, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company. Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company.do hereby certify that the above and foregoing is a true and correct copy ofa Power of Attorney, executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 9Th day of November ,-.AL1 Corporate Seals • 1 Bond No. B006951 Jeannie,l.. ssistant Secretary Agency No. 8353 SEN I E r: COMPLETE THIS SECTION C.M'LETE THIS SECT(.N .N'.ELIVE Y • Complete items 1.2,and 3.Also complete A. Signature_ item 4 if Restricted Delivery is desired. X a/ O Agent • Print your name and address on the reverse / O Addressee so that we can return the card to you. B. Received J(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, ti 091or on the front if space permits. / - D. Is delivery address different from item 1? O Yes 1. Article Addressed to: ` /' If YES,enter delivery address below: O No l-Lrs �JPC.C.1 v� he-Juana.. CD. 13403 Nor.w,u) s)ef-FreetatAl 11it os+-r lens "11 Ot to 3. Service Type gCertified Mail'' O Priority Mail Express- 0 Registered O Return Receipt for Merchandise ❑ Insured Mail O Collect on Delivery 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7004 2890 .0:Q02 5.708 9905 (Transfer from service label) ,C e r;J"y-..,.� 1.,b . - _ v y. PS Form 3811,July 2013 Domestic Return Receipt U.S. Postal Service. CERTIFIED MAIL:R'ECEIPT (Domestic Mall only,No/nuance Coverage Provk$aq " Por AsNvaryl • .. Waft..- 0 rti ICI o r � F:u m ru --- -- ---El LA.C7 a •---- ^- _ AS 0 0 .f For a ssotk nnor 2:, . - see7irEvara ia: __ Richard Hastings From: Richard Hastings Sent: Thursday, February 05, 2015 8:26 AM To: 'Wright, Jeffrey' Cc: Elizabeth Relford; Lyndsay Massey Subject: RE: Hwy 60 final inspection and bond release (USR-1695) Tracking: Recipient Delivery 'Wright,Jeffrey' Elizabeth Relford Delivered:2/5/2015 8:26 AM Lyndsay Massey Delivered:2/5/2015 8:26 AM Jeff, 2/17/15 at 9:00 am will work for me for the final inspection. The inspection mainly will involve installation reviews of any drainage and roadway improvements as shown on the final set of"As-built" Plans from CES Consulting. I have the Plans and will basically walk the site, looking for those type of features listed on the plans. I will also note if there is any evidence of erosional or discharge events. I'll look in any culverts, outlets,etc.,to make sure they are clear and that there is no scouring/gullying of the road and ditch slopes.The inspection will take approximately one hour to complete. Although not required, you and whoever else you would like to take part, are welcome to accompany me during the inspection. Let me know if you have any questions. Otherwise, I'll be at the facility access at CR 38.5 and SH 60 on 2/17/15 at 9:00 am to start the inspection. We will have to postpone the inspection, if there is any substantial snow cover on the site. I'll touch base with you the day before if that might be an issue. Thanks, Rich Richard Hastings Compliance Analyst & Construction Inspector Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 (970)304-6496 Ext. 3727 I .1 , egg is Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 From: Wright, Jeffrey [mailto:JWright@AWWaterService.com] Sent: Wednesday, February 04, 2015 4:43 PM To: Richard Hastings Cc: Elizabeth Relford Subject: Re: Hwy 60 final inspection and bond release (USR-1695) Rich Can we do the 17th? Also do you have a list of what the inspection covers? Thanks Jeff Sent from my iPhone On Feb 4, 2015, at 2:18 PM, Richard Hastings<rhastings@co.weld.co.us>wrote: Jeff, Yes,Tuesday 2/17/15 and Tuesday 2/24/15 around 9:00 a.m. are open right now for the final inspection. Let me know if either of those will work for you. If not we can look at some other dates. Thanks, Rich Richard Hastings Compliance Analyst& Construction Inspector Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 (970)304-6496 Ext. 3727 <image002.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Wright, Jeffrey [mailto:JWright@AWWaterService.com] Sent: Wednesday, February 04, 2015 2:08 PM To: Richard Hastings Subject: Hwy 60 final inspection and bond release Rich, I think we are back on track for final inspections at our hwy 60 facility. Do you have time in a couple of weeks to set the inspection up? 2 Thanks Jeff Wright A&W Water Service 303-434-6989 jwright@awwaterservice.com 3 Hello