HomeMy WebLinkAbout20130873.tiffRESOLUTION
RE: GRANT PERMIT FOR TEMPORARY ASSEMBLY TO LEAHY FAMILY FARM, LLC -
APRIL 28, JUNE 16, JULY 7, AUGUST 4 AND 11, 2013
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, Leahy Family Farm, LLC, 22437 County Road 19, Milliken, Colorado,
80543, has presented to the Board of County Commissioners an application for a Permit for
Temporary Assembly on land within the unincorporated portion of the County of Weld, State of
Colorado, to be held on April 28, June 16, July 7, August 4 and 11, 2013, from 6:00 a.m., until
5:30 p.m., each day, on property described as follows:
Leahy Family Farm, LLC, 22437 County Road 19,
Milliken, Colorado 80543; being part of the SE1/4 of
Section 9, Township 4 North, Range 67 West of the
6th P.M., Weld County, Colorado
WHEREAS, said applicant has paid Weld County the sum of ONE -HUNDRED
DOLLARS ($100.00) for said Weld County Permit for Temporary Assembly, and
WHEREAS, having examined said application, the Board deems it appropriate to grant a
Weld County Permit for Temporary Assembly to Leahy Family Farm, LLC, and
WHEREAS, said permit shall be issued subject to compliance with the terms and
conditions as set forth in the application materials and upon the express condition and
agreement that the temporary assemblage will be conducted in strict conformity to all laws of
the State of Colorado, and
WHEREAS, any violation to said terms and conditions shall be cause for revocation of
said permit and forfeiture of bond.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that said Weld County Permit for Temporary Assembly on April 28,
June 16, July 7, August 4 and 11, 2013, be, and hereby is, granted to Leahy Family Farm, LLC,
to conduct a temporary assemblage at the hereinabove described location.
'.SD, 42
2013- 0873
LC0022
PERMIT FOR TEMPORARY ASSEMBLY - LEAHY FAMILY FARM, LLC
PAGE 2
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said Permit.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of April, A.D., 2013.
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk
AP
the Boar
n y Attorney
Date of signature:PR 18 2013
BOARD OF J GVNTY COMMISSIONERS
WELD CO NT COLORADO
C� DO
William F. Garcia, Chair
uglas Rademac r, Pro-Tem
ike Freeman
EXCUSED
Barbara Kirkmeyer
1
2013-0873
LC0022
WELD COUNTY PERMIT FOR TEMPORARY ASSEMBLY
By action of the Board of County Commissioners of the County of Weld, State of
Colorado, taken this 8th day of April, 2013, IT IS HEREBY GRANTED a permit for a temporary
assemblage on land within the unincorporated portion of the County of Weld, State of Colorado,
to be held on April 28, June 16, July 7, August 4 and 11, 2013, on property described as:
Leahy Family Farm, LLC, 22437 County Road 19, Milliken, CO
80543; being part of the SE1/4 of Section 9, Township 4 North,
Range 67 West of the 6th P.M., Weld County, Colorado
This permit authorizes Leahy Family Farm, LLC, to hold such an assemblage so long as
it is in accordance with Chapter 12 of the Weld County Code and all other applicable State and
County statutes and regulations. This permit is subject to compliance with the terms and
conditions as set forth in the application materials and to additional conditions set forth by the
Board and attached hereto.
PERMIT APPROVED this 8th day of April, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUN15, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Cle
the Boar
F. Garcia, Chair
ugla Radema her, Pro-Tem
can P. Conway
ike Freeman
EXCUSED
Barbara Kirkmeyer
NOTE: THIS PERMIT MAY BE REVOKED AND THE BOND FORFEITED FOR FAILING TO
MEET THE CONDITIONS SET FORTH HEREIN.
2013-0873
LC0022
APPLICATION FOR TEMPORARY ASSEMBLY
INSTRUCTIONS TO APPLICANT: Complete each section and mark "N/A" where not applicable.
Additional sheets maybe attached and maps, sketches or drawings may be substituted for the verbal
description of plans for the assembly site. All required information must be furnished before the
application will be processed
NAME: Ann M. Leahy Age: 75
RESIDENCE: 1351 Broadview, Estes Park, CO
MAILING ADDRESS: PO Box 1652, Estes Park, CO 80517
NAME: Patrick D. Leahy
RESIDENCE: 22437 Weld County Road 19, Milliken, CO
MAILING ADDRESS: 22437 Weld County Road 19, Milliken, CO 80543
NAME: David B. Leahy
q -o - 3oa- 5039
RESIDENCE: 1809 13th Avenue, Greeley, CO
MAILING ADDRESS: 1809 13th Avenue, Greeley, CO 80631
Age: 54
Age: 53
(This must list all partners in a partnership, officers of an unincorporated association, society or group,
or, if there, are no officers, by all members of such association, society or group. IF A CORPORATION,
ATTACH A CERTIFIED COPY OF THE ARTICLES OF INCORPORATION.)
1. Address and legal description of all property upon which the assembly is to be held:
Leahy Family Farm LLC, 22437 Weld County Road 19, Milliken, CO 80543. Being part of the SEA of
section 9, Township 4 North, Range 67 West of the 6th PM
A. Name, residence and mailing address of the record owners of such property (Attach a
notarized statement by the record owners of such property consenting to the assembly if not all
of the record owners make application.)
NAME: Leahy Family Farm LLC
RESIDENCE: 22437 Weld County Road 19
MAILING ADDRESS: 22437 WCR 19, Milliken, CO 80543
2. Nature or purposes of the assembly: Series of American Motorcyclist Association (AMA) chartered
and sanctioned motocross races, affiliated and sanctioned by Rocky Mountain Motocross Association
(RMXA), in Colorado/Wyoming AMA District 25. Also American Historic Racing Motorcycle Association
(AHRMA) Observed Trials, Vintage Motocross races, and Rocky Mountain Enduro Circuit (RMEC)
enduro races. See separate sheet for schedule of races.
2013-0873
3. Dates and hours during which the assembly is to be held: Most of the race -day activities start with
sign-up before 6 am. The races usually begin around 8:30 am and continue until around 5:30 pm.
Please see separate sheet for races and days to be run.
4. Maximum number of persons to be allowed at assembly at any one time: N/A.
5. The maximum number of tickets to be sold, if any: N/A.
6. Identify plans to limit number of persons to the maximum identified above: No maximum number.
Facility is 92 acres. All events are held outdoors and spectator -viewing areas are fenced. Spectators
walk around the perimeter to view races from different places.
7. Identify plans for supplying potable (drinking) water, including the source, number, and location of
facilities, and type and means of disposing of waste deposited: We have bottled water for sale in the
office. Concessionaires sell beverages and most people bring water in their own containers.
8. Identify the plans for holding, collecting and disposing of solid waste materials: We have 20-35 fifty-
five gallon plastic barrels, which are placed in the parking areas, along the driveway and fire lanes, near
the sign-up building and in spectator viewing areas. We have two large dumpsters, which are picked up
weekly or on call after race weekends. Vendor Imperial Disposal, PO Box 816, Johnstown, CO 80453.
9. Identify the plan for providing separate toilet facilities for males and females, including the source,
number, and location, type and the means of disposing of waste deposited: We are required to have
permanent toilets and there are three (3) in the sign-up building. In addition, six portable units are
delivered in March, cleaned before and after race weekends thru October. If we have a two-day event,
we clean the units and replenish the toilet paper before the second race day. Vendor Waste
Management, Greeley, CO 80631, Contact: Jennifer West, 970-416-3552
10. Identify the plans to provide for medical facilities, including the location and construction of any
structures, the names, addresses and hours of availability of emergency medical technicians and
nurses and provisions for emergency ambulance service: The AMA requires that an ambulance with
trained personnel be on -site for the entire day at AMA events. In most cases, after an ambulance is
called, a track worker meets the ambulance at the front gate and directs them to the site of the injury. If
someone needs to be transported, our provider makes that decision. This year our ambulance provider
will be: Stadium Medical, 5363 Parfet St., Arvada, CO 80002, owned by Rodger Ames, phone 303-549-
7914, email:contact(a)stadiummedical.com (email goes directly to Rodger's phone).
11. Identify the plans, if any to illuminate the location of the assembly, including the source and amount
of power, and the location of lamps: All of our events are held during daylight hours.
12. Identify the plans for parking vehicles, including size and location of lots, points of highway access
and interior roads, including routes between highway access and parking lots: Coming in on Highway
60, participants go % mile south on County Road 19, then enter and exit the facility at a graveled
driveway. They are immediately directed into two lines so they don't block the county road. We have
three large graveled parking lots. Johnstown Volunteer Fire Dept. has instructed us about fire lanes on
the facility. Once you get to the parking area, signage and banners mark parking and openings.
Security personnel also make sure people are parked correctly and fire lanes kept open.
13. Identify the plans for communications with hospital, police and fire services, including the source,
amount and location of communication equipment: Our yearly schedule is given to Johnstown and
Milliken town administrators. During a race, Stadium Medical is the contact for any emergency
agencies: contactstadiummedical.com or Phone: 303-549-7914
14. Identify the plans for camping facilities, if any: People drive a lonq way to come to these events and
in addition to race -day insurance, we purchase AMA camping insurance, which covers us from noon
the day before until midnight the day of the race. We do not allow people on the property before late
afternoon the day before a race, and only self-contained overnight parking is allowed. The grounds are
patrolled until 10 pm when lights out is declared. No practice riding is permitted the evening before a
race or the day of the race. We have No Alcohol and "all pets must be on a leash" rules and security
enforces these rules. For some of our races, a list of motels with special rates for riders is provided.
There is a camping facility at Johnson's Corner, 6 miles away.
15. Identify the plans for fire protection: We are in the Johnstown Fire Protection Volunteer District, but
the events are all outdoors. We have fire extinquishers, as required by the AMA, at the start gate and in
the sign-up building. We are enforcing the Weld County's "No Open Fires" rule, and race day flyers
remind riders and spectators to put cigarettes in buckets provided, with no barbeque grills or open fires
allowed when there is a restriction.
16. Identify the plans for security, including the number of guards, their deployment, their names,
addresses, credentials and hours of availability and description of peer group control, if any: As part of
our special permit, we are required to hire security personnel. We employ different individuals from our
race club for this. They patrol the parking lot, park vehicles, control riders going to and from the start
pate, make sure all persons have armbands, watch for alcoholic beverages, and dogs which may be
off -leash. They also keep the fire lanes open and advise one of us if there's a special problem with
spectators or riders. Security people come in for approximately 4 hours the evening of sign-up before
the race and again at 6 am for 6 or more hours the day of the race. AMA and the other race
organizations have rulebooks with strict penalties for disqualification or removal of riders from the
property whose behavior warrants it. All AMA promoters are required to take the AMA Risk
Management workshop, either on-line or at a D25 District meeting.
17. Identify the plans for sound control and sound amplification, if any, including number, location, and
power of amplifiers and speakers: We have speakers on the sign-up building roof and scoring tower in
the west spectator area, but all announcements go out over the small FM radio station that is contained
within our property and heard by riders on their vehicle radios. We had this system designed and
adapted to our particular needs by Ron Bailer, engineer, formerly with KUNC. It was updated in 2008
by Arin Teqtman.
18. If applicable, identify plans for meeting County health standards for food concessions and
concessionaires who will be allowed to operate on the grounds, including the names and addresses of
all concessionaires and their license permit numbers: Our food concessionaire will be M & M and
Things Inc (M&M Tasmanian Devil Inc) 28-32535-0000.
19. Identify the plans if any, for an electrical system: No electrical system.
20. Identify the plans to ensure that trees, underbrush, large rocks, and other natural features shall be
left intact and undisturbed, and natural vegetative cover retained, protected and maintained so as to
facilitate drainage, prevent erosion, and preserve the scenic attributes: and the plans to abate dust on
the site: When a rider comes through the front pate at our facility, they see one of several 3'X7' signs
stating No Off -Road riding. We have specific _parking areas, which are roped or fenced off, and riders
are told where they can park. We originally planted several hundred shrubs and trees on the property.
For dry conditions, we put water on the track for race day, and on the entrance roads, if needed. We
have local lawn businesses that bring grass clippings to mulch into the track. Johnstown also brings us
wood chips from clean up in the spring and many people bring us sacks of leaves in the fall. We then
disc them into the track, making the soil soft and loamy and moisture retentive. If you prep (water and
disk or plow deeply), it prevents dust, allows rider's tires to last longer than on hard -packed dirt, and
best of all, makes practicing safer for riders.
21. Attach a statement by a bonding company licensed to do business in the State of Colorado
indicating its intent to furnish a bond required in Section 12-1-30.B 13 of the Weld County Code to
ensure performance by the applicant of each of the terms and conditions of the temporary assemblage
permit.
22. Attach a statement by an insurance company licensed to do business in the State of Colorado
stating its intent to provide liability insurance, as required by Section 12-1-30.B.14 of the Weld County
Code, to protect against injury to persons or property occurring because of such an assembly.
23. Submit a $100.00 fee for events where three -hundred fifty (350) or more people assemble or can
reasonable be anticipated to assemble at any one (one) location. As used herein, the term event
means an assembly or anticipated assembly, which is scheduled to last for three (3) consecutive days
or less.
BY THIS APPLICATION, APPLICANT(S) AGREES TO INDEMNIFY AND HOLD HARMLESS WELD
COUNTY OR ANY OF ITS AGENTS, OFFICERS, SERVANTS, AND EMPLOYEES FROM ANY
LIABILITY OR CAUSES OF ACTION WHICH MIGHT ARISE BY REASON OF GRANTING OF A
TEMPORARY ASSEMBLAGE PERMIT, AND FROM ANY COSTS INCURRED IN DEFENDING
AGAINST SUCH ACTIONS OR IN CLEANING UP ANY WASTE MATERIAL PRODUCED OR LEFT
BY THE ASSEMBLY.
The applicant, and each of them swears, (affirms) that, to the best of his knowledge, the
statements contained in the application are true and correct.
(/-6/411
Appli'cant's signature /
L L,
Applicant's printed name
Applicant's position
I� I
SUBSCRIBED AND SWORN to before me this \ \ day of tivQVe.An 20 13.
Witness my hand and official seal.
My commission expires:
MAMMY LEE WATERS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20124078542
Mr ccG_Mi6S 1I TARRED DECEMBER 5, 2016
Schedule of Motocross events for 2013
Two Rivers Racing LLC, promoters Pat and David Leahy
Held at Leahy Family Farm, 22437 Weld County Road 19, Milliken, CO 80543
April 28, MX, Rocky Mountain Motocross Association (RMXA)
June 16, MX, Rocky Mountain Motocross Association (RMXA)
July 7, MX, Rocky Mountain Motocross Association (RMXA)
August 11, MX, Rocky Mountain Motocross Association (RMXA)
Two Rivers Racing, LLC;
Leahy Family Farm, LLC
2013 Motorsports Insurance Proposal
PRIMARY LIABILITY
Premises Liability
Spectator Liability
Products Liability (Food, Concessions)
Personal Injury Liability
Special Vehicles Coverage ($100,000)
Tuning & Testing Liability
Named Peril Pollution Liability
Fireworks Liability - Sponsor's Risk
Participant Legal Liability
Errors and Omissions Coverage (limit $100,000)
Drivers, Car Owners, and Sponsors Liability
Contractual Liability
Incidental Medical Malpractice
Professional Liability - EMTs, Nurses, Paramedics
Premises Damage Liability ($100,000)
Limit: $1,000,000 Per Occurrence, $3,000,000 Per Motorsports Activity Aggregate
Insurance Company: Evanston Insurance Company
Coverage provided for four (4) AMA Motocross Race Dates and 25 practice dates to be
determined.
FLAT ANNUAL PREMIUM: $12,604. including surplus lines tax, filing and inspection fee
$ 590. Optional Terrorism
February 11, 2013
/262829
EVANSTON INSURANCE COMPANY
POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE
To Whom It May Concern;
We are required to send you this notice pursuant to federal legislation concerning terrorism insurance.
You are hereby notified that under the Terrorism Risk Insurance Act, as amended, that you have a right to purchase
insurance coverage for losses resulting from acts of terrorism, as defined in Section 1020) oft he Act: The term "act
of terrorism" means any act that is certified by the Secretary of the Treasury -in concurrence with the Secretary of
State, and the Attorney General of the United States -to be an act of terrorism; to be a violent act or an act that is
dangerous to human life, properly; or infrastructure; to have resulted in damage within the United States, or outside the
United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been
committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or
to influence the policy or affect the conduct of the United States Government by coercion.
YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES
RESULTING FROM CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY
REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY
FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT
AFFECT YOUR COVERAGE SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA,
THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 85% OF COVERED TERRORISM
LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE
COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS TERRORISM COVERAGE
IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS
COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT.
YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS
A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS'
LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF
SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED
LOSSES FOR ALL INSURERS EXCEED $100 BILLION, YOUR COVERAGE MAY BE REDUCED.
SELECTION OR REJECTION OF TERRORISM INSURANCE COVERAGE
WHAT YOU NEED TO DO NOW:
PLEASE "X" ONE OF THE BOXES BELOW AND TAKE THE ACTION INDICATED.
I hereby elect to purchase the Terrorism Coverage required to be offered under TRIPRA For an additional premium
of 5% of the total premium (plus applicable taxes and fees). Action: Please sign and return this form with your
payment for premium to your insurance agent. $590
xi
I decline to purchase the Terrorism Coverage required to be offered under TRIPRA. Action: Please sign and
return this form to your insurance agent.
a
Policy')av�IicanTs Sige
lur jfareo
Print Nameg !
Date
Two Rivers Racing, LLC
Named Insured
PO BOX 700
AMHERST,NY 14226-0700
(800)888-3050 FAX: (800)569-2749
PREMIUM FINANCE AGREEMENT IPFS CORPORATION
PENDING
3/1/2013
A CASH PRICE
(TOTAL PREMIUMS)
B CASH DOWN
PAYMENT
AGENT
$12,604.00 (Name 8 Place of business)
NAUGHTON INSURANCE INC.
$2,880.80
C PRINCIPAL BALANCE $9,723.20
(A MINUS B)
1365 WAMPANOAG TRAIL
P.O. BOX 6192
PROVIDENCE RI 02940
(401)433-4000
FAX: (401)433-5460
INSURED
(Name and residence or business address)
TWO RIVERS RACING LLC
LEAHY FAMILY FARM
22437 WCR 19
MILLIKEN CO 80543
(970)587-5770
LOAN DISCLOSURE
Account #:
Commercial
Quote Number: 166445
ANNUAL PERCENTAGE RATE
The cost of your credit as a yearly
rate.
8.8 %
FINANCE CHARGE
The dollar amount the credit will
cost you.
$214.95
Number of Payments
YOUR PAYMENT SCHEDULE WILL BE
Amount of Payments
5
$1,987.63
AMOUNT FINANCED
The amount of credit provided to
you or on your behalf.
When Payments Are Due
Beginning:
MONTHLY
4/1/2013
TOTAL OF PAYMENTS
The amount you will have paid after you
have made all payments as scheduled.
$9,723.20 $9,938.15
ITEMIZATION OF THE AMOUNT FINANCED: THE
AMOUNT FINANCED IS FOR APPLICATION TO
THE PREMIUMS SET FORTH IN THE SCHEDULE
OF POLICIES UNLESS OTHERWISE NOTED.
Security: Refer to paragraph 1 below for a description of the collateral assigned to Lender to secure this loan.
Late Charges: A late charge will be imposed on any installment in default 5 days or more. This late charge will be 5.00% of the installment due.
Prepayment: If you pay your account off early, you may be entitled to a refund of a portion of the finance charge computed by the actuarial method
on a 360 day basis or as otherwise allowed by law. The finance charge includes a predetermined interest rate plus a non-refundable
service/origination fee of $10.00. See the terms below and on the next page for additional information about nonpayment, default and penalties.
SCHEDULE OF POLICIES.j";
SUftAICE COMPANY AND GENERAL AGENT
GL
COVERAGE
MINIMUM'
`EARNED
PERCE
0.000% 12
$11,800.00
EVANSTON INSURANCE CO
MARKEL UNDERWRITING MANAGERS
FEES
TAXES
Broker Fee
TOTAL $
$450.00
$354.00
$0.00
$12,604.00
The undersigned insured directs IPFS Corporation (herein, "Lender") to pay the premiums on the policies described on the Schedule of Policies. In
consideration of such premium payments, subject to the provisions set forth herein, the insured agrees to pay Lender at the branch office address
shown above, or as otherwise directed by Lender, the amount stated as Total of Payments in accordance with the Payment Schedule, in each case as
shown in the above Loan Disclosure. The named insured(s), on a joint and several basis if more than one, hereby agree to the following provisions set
forth on pages 1 and 2 of this Agreement: 1. SECURITY: To secure payment of all amounts due under this Agreement, insured assigns Lender a security
interest in all right, title and interest to the scheduled policies, including (but only to the extent permitted by applicable law): (a) all money that is or may
be due insured because of a loss under any such policy that reduces the unearned premiums (subject to the interest of any applicable mortgagee or
loss payee), (b) any unearned premium under each such policy, (c) dividends which may become due insured in connection with any such policy and
(d) interests arising under a state guarantee fund. 2. POWER OF ATTORNEY: Insured irrevocably appoints its Lender attorney -in -fact with full power of
substitution and full authority upon default to cancel all policies above identified, receive all sums assigned to its Lender or in which it has granted
Lender a security interest and to execute and deliver on behalf of the insured documents, instruments, forms and notices relating to the listed insurance
policies in furtherance of this Agreement.
NOTICE:
A. Do not sign this agreement before you read it or if it contains
any blank space. B. You are entitled to a completely filled in copy
of this agreement. C. Under the law, you have the right to pay in
advance the full amount due and under certain conditions to
obtain a partial refund of the finance charge. D. Keep your copy
of this agreement to protect your legal rights.
The undersigned hereby warrants and agrees to Agent's
Representations set forth herein.
Signature of Insured or Authorized gent
(10/11) Copyright 2011 IPFS Corporation
DATE Signature of Agent DATE
Page 1 of 2 02/13/13 PLUS - COC
Insured and Lender further agree that: 3. POLICY EFFECTIVE DATES: The finance charge begins to accrue as of the earliest policy effective date. 4.
AGREEMENT EFFECTIVE DATE: This Agreement shall be effective when written acceptance is mailed to the insured by Lender. 5. DEFAULT AND
DELINQUENT PAYMENTS: If any of the following happens insured will be in default: (a) a payment is not made when it is due, (b) a proceeding in bankruptcy.
receivership, insolvency or similar proceeding is instituted by or against insured, or (c) insured fails to keep any promise the insured makes in this Agreement;
provided, however, that, to the extent required by applicable law, insured may be held to be in default only upon the occurrence of an event described in clause
(a) above. The acceptance by Lender of one or more late payments from the insured shall not estop Lender or be a waiver of the rights of Lender to exercise all of
its rights hereunder or under applicable law in the event of any subsequent late payment. 6. CANCELLATION: Lender may cancel the scheduled policies after
providing at least 10 days notice of its intent to cancel or any other required statutory notice if the insured does not pay any installment according to the terms of
this Agreement or transfers any of the scheduled policies to a third party and the unpaid balance due to Lender shall be immediately due and payable by the
insured. Lender at its option may enforce payment of this debt without recourse to the security given to Lender. 7. CANCELLATION CHARGES: If Lender cancels
any insurance policy in accordance with the terms of this Agreement and applicable law, then the insured shall pay Lender a cancellation charge equal to $15.00
or the maximum amount permitted by law. If cancellation occurs, the insured agrees to pay a finance charge on the outstanding indebtedness at the maximum
rate authorized by applicable state law in effect on the date of cancellation until the outstanding indebtedness is paid in full or until such other date as required by
law. (Not applicable in KY, NV, and VT) 8. INSUFFICIENT FUNDS (NSF) CHARGES: If insured's check or electronic funding is dishonored for any reason, the
insured will pay to Lender a fee of $20.00 or the maximum amount permitted by law. (Not applicable in AL and KY) 9. MONEY RECEIVED AFTER
CANCELLATION: Any payments made to Lender after Lender's Notice of Cancellation of the insurance policy(ies) has been mailed may be credited to the
insured's account without any obligation on the part of Lender to request reinstatement of any policy. Any money Lender receives from an insurance company
shall be credited to the balance due Lender with any surplus refunded to whomever is entitled to the money. In the event that Lender does request a
reinstatement of the policy(ies) on behalf of the insured, such a request does not guarantee that coverage under the policy(ies) will be reinstated or continued.
Only the insurance company has authority to reinstate the policy(ies). The insured agrees that Lender has no liability to the insured if the policy(ies) is not
reinstated and Lender may charge a reinstatement fee where permitted up to the maximum amount allowed by law. 10. ASSIGNMENT: The insured agrees not to
assign this Agreement or any policy listed hereon or any interest therein (except for the interest of mortgagees or loss payees), without the written consent of
Lender, and that Lender may sell, transfer and assign its rights hereunder or under any policy without the consent of the insured, and that all agreements made by
the insured hereunder and all rights and benefits conferred upon Lender shall inure to the benefit of Lender's successors and assigns (and any assignees
thereof). 11. INSURANCE AGENT OR BROKER: The insured agrees that the insurance agent or broker soliciting the policies or through whom the policies were
issued is not the agent of Lender; and the agent or broker named on the front of this Agreement is neither authorized by Lender to receive installment payments
under this Agreement nor to make representations, orally or in writing, to the insured on Lender's behalf (except to the extent expressly required by applicable
law). As and where permissible by law, Lender may compensate your agent/broker for assisting in arranging the financing of your insurance premiums. If you
have any questions about this compensation you should contact your agent/broker. 12. FINANCING NOT A CONDITION: The law does not require a person to
enter into a premium finance agreement as a condition of the purchase of insurance. 13. COLLECTION COSTS: Insured agrees to pay attorney fees and other
collection costs to Lender to the extent permitted by law if this Agreement is referred to an attorney or collection agency who is not a salaried employee of Lender,
to collect any money insured owes under this Agreement. (Not applicable in KY) 14. LIMITATION OF LIABILITY: The insured agrees that Lender's liability to the
insured, any other person or entity for breach of any of the terms of this Agreement for the wrongful or improper exercise of any of its powers under this
Agreement shall be limited to the amount of the principal balance outstanding, except in the event of Lender' gross negligence or willful misconduct (not applicable
in KY). Insured recognizes and agrees that Lender is a lender only and not an insurance company and that in no event does Lender assume any liability as an
insurer hereunder or otherwise. 15. CLASSIFICATION AND FORMATION OF AGREEMENT: This Agreement is and will be a general intangible and not an
instrument (as those terms are used in the Uniform Commercial Code) for all purposes. Any electronic signature or electronic record may be used in the formation
of this Agreement, and the signatures of the insured and agent and the record of this Agreement may be in electronic form (as those terms are used in the
Uniform Electronic Transactions Act). A photocopy, a facsimile or other paper or electronic record of this Agreement shall have the same legal effect as a
manually signed copy. 16. REPRESENTATIONS AND WARRANTIES: The insured represents that (a) the insured is not insolvent or presently the subject of any
insolvency proceeding (or if the insured is a debtor of bankruptcy, the bankruptcy court has authorized this transaction), (b) if the insured is not an individual, that
the signatory is authorized to sign this Agreement on behalf of the insured, (c) all parties responsible for payment of the premium are named and have signed this
Agreement, and (d) there is no term or provision in any of the scheduled policies that would require Lender to notify or get the consent of any third party to effect
cancellation of any such policy. 17. PRIVACY: Our privacy policy may be found at https://www.ipfs.com/privacy.aspx. 18. ENTIRE DOCUMENT / GOVERNING
LAW: This document is the entire Agreement between Lender and the insured and can only be changed in writing and signed by both parties except that the
insured authorizes Lender to insert or correct on this Agreement, if omitted or incorrect, the insurer's name and the policy number(s). Lender is also authorized to
correct patent errors and omissions in this Agreement. In the event that any provision of this Agreement is found to be illegal or unenforceable, it shall be deemed
severed from the remaining provisions, which shall remain in full force and effect. The laws of the State of Missouri will govern this Agreement. 19.
AUTHORIZATION: The insurance company(ies) and their agents, any intermediaries and the agent / broker named in this Agreement and their successors and
assigns are hereby authorized and directed by insured to provide Lender with full and complete information regarding all financed insurance policy(ies), including
without limitation the status and calculation of unearned premiums, and Lender is authorized and directed to provide such parties with full and complete
information and documentation regarding the financing of such insurance policy(ies), including a copy of this Agreement and any related notices. 20. WAIVER OF
SOVERIGN IMMUNITY: The insured expressly waives any sovereign immunity available to the insured, and agrees to be subject to the laws as set forth in this
Agreement (and the jurisdiction of federal and/or state courts) for all matters relating to the collection and enforcement of amounts owed under this Agreement
and the security interest in the scheduled policies granted hereby.
AGENT/BROKER REPRESENTATIONS
The agent/broker executing this agreement represents, warrants and agrees: (1) installment payments totaling $0.00 and the down payment indicated in Box "B"
on Page 1 has been received from the insured in immediately available funds, (2) the insured has received a copy of this Agreement, if the agent/broker has
signed this Agreement on the insured's behalf, the insured has expressly authorized the agent/broker to sign this Agreement on its behalf or, if the insured has
signed, to the best of the undersigned's knowledge and belief such signature is genuine, (3) the policies are in full force and effect and the information in the
Schedule of Policies including the premium amounts is correct, (4) no direct company bill, audit, or reporting form policies or policies subject to retrospective rating
or to minimum earned premium are included, except as indicated, and the deposit of provisional premiums is not less than anticipated premiums to be earned for
the full term of the policies, (5) the policies can be cancelled by the insured or Lender (or its successors and assigns) on 10 days notice and the unearned
premiums will be computed on the standard short rate or pro rata table except as indicated, (6) there are no bankruptcy, receivership, or insolvency proceedings
affecting the insured, (7) to hold Lender, its successors and assigns harmless against any loss or expense (including attorney fees) resulting from these
representations or from errors, omissions or inaccuracies of agent/broker in preparing this Agreement, (6) to pay the down payment and any funding amounts
received from Lender under this Agreement to the insurance company or general agent (less any commissions where applicable), (9) to hold in trust for Lender or
its assigns any payments made or credited to the insured through or to agent/broker directly or indirectly, actually or constructively by the insurance companies
and to pay the monies, as well as the unearned commissions to Lender or its assigns upon demand to satisfy the outstanding indebtness of the insured, (10) all
material information concerning the insured and the financed policies necessary for Lender to cancel such policies and receive the unearned premium has been
disclosed to Lender, (11) no term or provision of any financed policy requires Lender to notify or get the consent of any third party to effect cancellation of such
policy, and (12) to promptly notify Lender in writing if any information on this Agreement becomes inaccurate.
(10/11) Copyright 2011 IPFS Corporation Page 2 of 2
02/13/13 PLUS - COC
OLD REPUBLIC SURETY COMPANY
P O BOX 1976
DES MOINES, IA 50305
800-247-2312
CONTINUATION
CERTIFICATE
BOND NUMBER
RLI0540040
- PRINCIPAL
LEAHY FAMILY FARMS, LLC
22437 WRC 19
MILLIKEN, CO 80543
BOND DESCRIPTION
...................................
OBLIGEE
ASSEMBLY PERMIT
BOARD OF WELD
COMMISSIONERS
915 10TH ST.
GREELEY, CO 80631
COUNTY
BOND AMOUNT
60,000 r
ORIGINAL FOR BOND RENEWAL
EFFECTIVE DATE
2/15/2013
EXPIRATION DATE
2/15/2014
THIS BOND CONTINUES IN FORCE TO THE ABOVE EXPIRATION DATE CONDITIONED AND PROVIDED THAT THE LOSSES OR RECOVERIES ON
IT AND ANY AND ALL ENDORSEMENTS SHALL NEVER EXCEED THE PENALTY SET FORTH IN THE BOND AND WHETHER THE LOSSES OR
RECOVERIES ARE WITHIN THE FIRST AND/OR SUBSEQUENT OR WITHIN ANY EXTENSION OR RENEWAL PERIOD, PRESENT, PAST OR FUTURE.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
SIGNED AND DATED THIS NINETEENTH
DAY OF FEBRUARY, 2013
40-4216
PFS INSURANCE GROUP, LLC
4848 THOMPSON PKWY, SUITE 200 =g', SEAL jj_ OLD REPTTRTIIC SURETY COMPANY
JOHNSTOWN, CO 80534-6431 SURETY
970-635-9400 By �`r "
** * * *
* OLD REPUBLIC SURETY 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:
S. PERSCHAU, J. C. WHITLOCK, J. STEWART, P. SALAZAR, K. STEWARD, R. ALLEN, D.WRIG FIT, L. STRAYER, T. VAN ROEKEL, OF
DES MOINES, IA
its true and lawful Attorney(s)-in-Fact, with full power and authority, not exceeding $20,000,000, 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, mortgageguaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers
compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds 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 document is not valid unless printedon colored background and is multi -colored. This appointment is made under and by authority of the board of directors
at a special meeting held on February 18, 1982. This Powerof Attorney is signed and sealed by facsimile under and by the authority of the following resolutions
adopted by the hoard of directors of the OLD REPUBLIC SURETY COMPANY on February IS, 1982.
RESOLVED that, the president, anyvice-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 -factor 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 Anomey or
certification thereof 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 15TH day of NOVEMBER, 2012.
OLD REPUBLIC SURETY COMPANY
STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS
On this 15TH day of NOVEMBER, 2012 , personally came before me Gerald. C. Leach and
Phyllis M. Johnson , 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.
My commission expires: 9/28/2014
CERTIFICATE
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
40-9999 Signed and sealed at the City of Brookfield, WI this day of briar
OLD REPUBLIC SURETY COMPANY
ORSC #22851
To: Weld County Board of Commissioners
From: Deputy Lisa Carpenter
Date: April 1, 2013
RE: Leahy Family Farms
Dear Commissioners,
I have researched and found no reported calls for service to the Leahy Family Farms,
located at 22437 WCR 19, Milliken, CO 80543 for the Calendar year of 2012 to present day.
I find no grounds for disapproval for the renewal of the liquor license.
Respectfully Submitted,
Deputy Lisa Carpenter
Community Resource Officer
Weld County Sheriff's Office
1950 "O" Street
Greeley, CO 80631
TEMPORARY ASSEMBLY REVIEW FORM
Date: March 12, 2013
TO: Lisa Carpenter
FROM: CTB — Tammy Waters
SUBJECT: Temporary Assembly Review
Please review all records on the following property for any associated reports during the last
year and return your report to the Weld County Clerk to the Board's Office within seven days.
Your report will be used by the Board of County Commissioners in considering issuance of a
Temporary Assembly Permit.
PLEASE RESPOND NO LATER THAN: March 26, 2013
EVENT INFORMATION: Leahy Family Farms
22437 County Road 19
Milliken, CO 80543
EVENT DATE: April 28, June 16, July 7, August 11, 2013, FROM 6:00 A.M. -
5:30 PM
No concerns
Deputy's Initials
The Sheriffs Office had a concern and the deputy has mutually
worked with the property owner/event manager to correct the
concern. (Complete Attached Worksheet)
Unresolved concerns exist requiring a Probable Cause Hearing
scheduled by the Board of County Commissioners.
(Complete Attached Worksheet)
Please notify at Extension
Board of Commissioner's Temporary Assembly hearing.
of the date and time of the
Temporary Assembly Worksheet
The following concerns are noted:
The property owner and the Sheriffs Office have collectively agreed to implement the following
to correct concerns noted above: (A time line and corrective action should be listed for each
concern)
/
Z/
Property Owner, Please Print Date
Property Owner Signature Deputy 'e Signature
Use another sheet of paper or attach separate proposal to this packet if needed.
Attach copies of all reports associated with this property for the last year.
Both the Deputy and the Event Manager will be required to attend the Temporary Assembly
Hearing to testify to the above agreement.
MEMORANDUM
Tammy Waters, Deputy Clerk to the Board March 14, 2013
From: Bethany Salzman, Zoning Compliance Officer, Dept. of Planning Services
Subject: LC0022
Review of the following Temporary Assembly Permit by the Department of Planning Services shows the
following:
Leahy Family Farm, LLC
Attn: David Leahy
22437 Weld County Road 19
Milliken, Colorado 80543
Zone District: Agriculture
This use is permitted through a Use by Special Review (USR-1142) permit.
No existing violations were noted.
Please note the application specifically called out "No maximum number" of people (Questions 4-6, page 2).
SERVICE, TEAMWORK, INTEGRITY, QUALITY
MEMORANDUM
TO: Tammy Waters, Clerk to the Board DATE: 03/15/13
FROM: Janet Carter, Public Works
SUBJECT: Temporary Assembly Leahy Family Farm
The Weld County Public Works Department has reviewed this proposal. Our requirements are as follows:
REQUIREMENTS:
1. No parking will be allowed on Weld County Roadways.
2. This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency
Management Agency (FEMA).
3. The applicant did not specify the number of attendees this value is needed to determine the number of
parking spaces are required. Based upon past events at this location we can estimate approximately
500 vehicles will require parking on the property.
4. Please submit a Traffic Control Plan (TCP) prepared by a certified Traffic Control Supervisor (TCS)
5. Please submit an Incident Command Plan for the Office of Emergency Management.
Page - I - of 1 March 15, 2013
C:\Users\twaters\AppData\Local\Microsoft\Windows\Temporary Internet Files \Content Outlook\RII42QYCF\Temp Assembly Leahy Family Farm 031513. IX)C
NOTICE OF APPLICATION
FOR TEMPORARY ASSEMBLY
Pursuant to the Weld County Code, a public hearing will be held in the Chambers of the
Board of County Commissioners of Weld County, Colorado, Weld County Administration
Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior of the hearing. The cost of engaging a court reporter shall be borne by the
requesting party. In accordance with the Americans with Disabilities Act, if special
accommodations are required in order for you to participate in this hearing, please contact the
Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631.
E -Mail messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your E -Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us
DOCKET #: 2013-23
DATE: April 8, 2013
TIME: 9:00 a.m.
APPLICANT:
Leahy Family Farm LLC
Attn: David Leahy
22437 Weld County Road 19
Milliken, CO 80543
REQUEST: Application for a temporary assembly of more than 350 persons on April
28, June 16, July 7, August 4, and 11, 2013.
LEGAL DESCRIPTION: Part of the SE1/4 of Section 9, Township 4 North, Range 67
West of the 6th P.M., Weld County, Colorado
LOCATION: 22437 Weld County Road 19, Milliken, CO 80543 (See Legal Description
for precise location.)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: March 22, 2013
PUBLISHED: March 27, 2013, in the Greeley Tribune
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