HomeMy WebLinkAbout20102551.tiff RESOLL nION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS(ON-SITE ONLY),AUTHORIZE CHAIR TO SIGN,
AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#1721- DAN'S
CUSTOM CONSTRUCTION, 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 December 16, 2009,the Weld County Board of Commissioners approved a
Site Specific Development Plan and Use by Special Review Permit#1721, for Dan LaCoe, 11705
Julius Street, Fort Lupton, Colorado 80621,for a Use Permitted as a Use by Right,Accessory Use,
or Use by Special Review in the Commercial or Industrial Zone Districts(construction company) in
the A (Agricultural) Zone District, on the following described real estate, to-wit:
Part of the S1/2 of Section 33, Township 1 North,
Range 65 West of 6th P.M., Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval,the Board has been presented with
an Improvements Agreement According to Policy Regarding Collateral for Improvements (On-Site
Only) between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Dan's Custom Construction, Inc., with terms and conditions
being as stated in said agreement, and
WHEREAS, the Board has been presented with Performance Bond #71005968, from
Western Surety Company, c/o Michael Herranen, Attorney-in-Fact, 22601 North 19th Avenue,
Suite 210, Phoenix, Arizona 85027, in the amount of$37,200.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Performance Bond as stated above, copies of which are attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for
Improvements (On-Site Only) between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and Dan's Custom Construction, Inc., be, and
hereby is, approved.
BE IT FURTHER RESOLVED that Performance Bond #71005968 from Western Surety
Company, c/o Michael Herranen,Attorney-in-Fact, 22601 North 19th Avenue, Suite 210, Phoenix,
Arizona 85027, in the amount of$37,200.00, be and hereby is, accepted.
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IMPROVEMENTS AGREEMENT- DAN'S CUSTOM CONSTRUCTION, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 25th day of October, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
���1►� WELD COUNTY, COLORADO
ATTEST: • s �� ..� .....
+la Radem- her, Chair
Weld County Clerk to the Bp?rdk , < ` t)f '`.N b'v 4 �-, / ,U
=arbara Kirkmeyer Pro-Tem
BY. t# a
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Depu Jerk to the Board -- <
Sean P. Co way r D
AP O ASL-O FORM: /�
William F. G cia
my ttorney d., )`t&'- t
David E. Long \r/
Date of signature: ( l/ /IL
1n\ S 11.10 111
3730 11111111111111111 r
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2010-2551
PL2036
a MEMORANDUM
ratTO: Clerk to the Board
C
DATE: 10/19/2010
COLORADO FROM: Richard Hastings, Public Works Department
SUBJECT: BOCC Agenda Item -Approve Improvements
Agreement and Accept Collateral For:
Dan's Custom Construction—(USR-1721)
Request for Approval of Improvements Agreement:
The Department of Public Works and the Department of Planning Services received a request
from the applicant, Dan LaCoe, requesting that the Board of County Commissioners consider
approving the Improvements Agreement for the construction company facility (USR-1721),
located at WCR's 2 and 45.
Weld County Public Works Department reviewed the above-mentioned signed original document
and observed the following:
• All Public Works related items on Exhibit A—Cost Sheet, of the Improvements
Agreement According To Policy Regarding Collateral For Improvements, have been filled
in and are found to be acceptable.
Request for Acceptance of Collateral:
The Department of Public Works and the Department of Planning Services received a request
from the applicant, Dan LaCoe, requesting that the Board of County Commissioners consider
accepting collateral in the form of a surety bond(Bond # 71005968) from Western Surety
Company in the amount of$37,200.00, for the above-mentioned Improvements Agreement.
Recommendation:
The Department's of Public Works and Planning Services are recommending approval of the
Improvements Agreement According To Policy Regarding Collateral For Improvements and the
acceptance of collateral, in the amount of$37,200.00 for Dan's Custom Construction—(USR-
1721).
2010-2551
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IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (ON-SITE ONLY)
Dan's Custom Construction—USR-1721
THIS AGREEMENT, made and entered into this c>75Z' day of (`QXf5 r ;1010,
by and between the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter called "County," and Dan LaCoe/Dan's Custom Construction,
hereinafter called"Property Owner"
WITNESSETH:
WHEREAS, Property Owner is the owner of, the following described property in the
County of Weld, Colorado:
Part of the S2 of Section 33, TIN, R65 W of the 6th P.M., Weld County, Colorado
hereinafter referred to as "the Property,"and
WHEREAS, Property Owner has acquired land use permits from County for a Use by Special
Review in the Commercial or Industrial Zone Districts (construction company) in the A
(Agricultural) Zone District on approximately 34.9 acres on the above described real property,
and the County is currently in the process of considering an Use-by-Special Review for the
Property (USR-1721), and
WHEREAS, the Property Owner acknowledges that the issuance of USR-1721 is conditional
upon Property Owner's performance of the on-site and off-site improvements which are
described in this Agreement and depicted in a set of plans provided by Property Owner
(hereinafter referred to as "Plans"), a copy of which is attached to this Agreement and made a
part hereof,and
WHEREAS, Property Owner acknowledges that it may not engage in any activity described in
USR-1721 and/or any activity related to the businesses described above until said improvements
have been completed,and
WHEREAS, the parties agree that Property Owner shall not be required to commence work on
the on-site improvements, nor to provide collateral for said improvements until Property Owner
submits and receives approval of an application for a grading permit or for a Right-Of-Way
permit for construction of accesses and work within the County Right-Of-Way.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein, the parties hereto promise, covenant and agree as follows:
A. Required Off-Site Improvements: Non-Applicable at this time. In the event that direct
access is required at another location, Property Owner shall apply to Weld County for required
permits, as needed. Granting of any new point of access may generate additional obligations
with County for Off-Site Improvements and the need to post"Road Maintenance Collateral".
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B. Haul Routes:Non-Applicable
C. Road Maintenance Requirements:Non-Applicable
D. On-Site Improvements:
1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and/or
maintain the landscaping and re-seeding of the property where applicable as shown on the
accepted Construction Plans and/or USR-1721 Plat Map. Specifically, Property Owner shall at
its own expense, plant, install and maintain all berms, grass and shrubs and other landscaping
and re-seeding where applicable as shown on the accepted Construction Plans and/or USR-1721
Plat Map. Additionally, the Property Owner shall install and maintain fencing to screen the
property where applicable as indicated on the accepted Construction Plans and/or USR-1721 Plat
Map. In the event any of these improvements may include work extending into State or County
Right-Of-Way in which case a Right-Of-Way or access permit is required.
2.0 On-Site Grading, Drainage Facilities, and Paving: Property Owner shall, at its
own expense, grade and/or pave, if applicable, specified roadways, accesses, easements and
parking areas, and install accepted drainage and signage components, adjacent to or within the
interior portion of the property in accordance with the directives of the Weld County Department
of Public Works and Department of Planning, as further described in the accepted Construction
Plans and/or USR-1721 Plat Map. Specific access improvements shall include; construction of
adequate asphalt or concrete paved tracking access apron with double turning radii of(60) feet at
the main entrance onto WCR 2, and a recycled asphalt tracking pad running from the access
apron into the facility off of County Road 2 to the north for a minimum distance of 300-feet, to
minimize the tracking of mud and debris onto WCR 2 and to ensure a complete revolution of the
truck tires. Any other on-site improvements shall be completed as indicated on the accepted
Construction Plans for this facility. Property Owner shall be responsible for all maintenance of
the onsite improvements. Additional infrastructure improvements will be addressed at the time
of application for any future amended USR. Some of these improvements may include work
extending into State or County Right-Of-Way in which case a Right-Of-Way or access permit is
required.
3.0 Timing of Improvements: Property Owner shall not be required to initiate the
landscaping requirements until the occurrence of the triggering event for all improvements,
namely the approval of the grading permit or an amendment to the existing USR. No grading
permit will be released until collateral is posted for the associated improvements and the
Construction Plans have been submitted to and accepted by the Department of Public Works.
Access and/or Right-Of-Way permits might also be required prior to approval of the grading
permit. Grading shall not commence until Construction Plans are accepted. Any alterations to
the accepted Construction Plans must be pre-approved in writing by the Planning and Public
Works Departments. At that time, and unless otherwise amended, Property Owner agrees that all
landscaping and other on-site improvements, as indicated in Section D. 2.0 above shall be
completed within the parameters established in Section E. 7.2 and Exhibit B.
4.0 Acceptance of On-Site Improvements: Upon completion of the on-site improvements,
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Property Owner shall contact the County Department of Planning Services and the County
Department of Public Works and request an inspection of the on-site improvements described in
Paragraph D.1.0 and D.2.0 above. The County's representatives may then initiate the process for
"Acceptance of Improvements"set forth in Paragraph E.6.0, sections 6.1-6.3.
E. General Requirements:
1.0 Engineering Services: Property Owner shall furnish, at its own expense, all
engineering services in connection with the design and construction of the improvements
identified on the accepted Construction Plans, according to the construction schedule set forth in
Exhibit"B,"both of which are attached hereto and incorporated herein by reference. Engineering
services performed by an engineer registered in the State of Colorado are only required following
notification by the County.
1.1 If applicable, the required engineering services shall be performed by a
Professional Engineer and Land Surveyor registered in the State of
Colorado, and shall conform to the standards and criteria established by
the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to,
surveys, designs, plans and profiles, estimates, construction supervision,
and the submission of necessary documents to the County.
1.3 Property Owner shall furnish construction drawings for the road
improvements on public rights-of-way or easements and all improvements
interior on the Property for approval prior to the letting of any construction
contract.
2.0 Rights-of-way and Easements: Before commencing the construction of any
improvements herein agreed upon for public rights-of-way or easements, Property Owner shall
acquire, at the sole expense of Property Owner, good and sufficient rights-of-way and easements
on all lands and facilities traversed by the proposed improvements. All such rights-of-way and
easements used for the construction of roads to be accepted by the County shall be conveyed to
the County and the documents of conveyance shall be furnished to the County for recording.
3.0 Construction: Property Owner shall furnish and install, at its own expense, the
improvements shown on the accepted Construction Plans, and USR-1721 plat map, be solely
responsible for the costs listed on Exhibit"A" and described in parts A and D of this agreement,
which is attached hereto and incorporated herein by reference, with the improvements interior to
the Property being completed by the dates set forth on Exhibit "B". The Board of County
Commissioners, at its option, may grant an extension of the time of completion set forth in
Exhibit B stated herein upon application by the Property Owner.
3.1 Said construction shall be in strict conformance to the plans and drawings
accepted by the County and the specifications adopted by the County.
3.2 Property Owner shall employ, at its own expense, a qualified testing
company previously approved by the County to perform all testing of
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materials or construction; and shall furnish copies of test results to the
County. If County discovers inconsistencies in the testing results,
Property Owner shall employ at its expense a third party qualified testing
company approved by County. Such third party shall furnish the certified
results of all such testing to the County.
3.3 At all times during said construction, the County shall have the right to
test and inspect, or to require testing and inspection of material and work,
at Property Owner's expense. Any material or work not conforming to the
accepted plans and specifications, including but not limited to damages to
property adjacent to the construction plan area shall be repaired, removed
or replaced to the satisfaction of the County at the expense of Property
Owner.
4.0 Release of Liability: Prior to the acceptance by the County and expiration of the
applicable warranty period, Property Owner shall indemnify and hold harmless the County from
any and all liability loss and damage County may suffer as a result of all suits, actions or claims
of every nature and description caused by, arising from, or on account of said design and
construction of all off-site improvements, and pay any and all judgments rendered against the
County on account of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by County in defending such suit, action or claim whether the liability,
loss or damage is caused by, or arises out of the negligence of the County or its officers, agents,
employees, or otherwise except for the liability, loss, or damage arising from the intentional torts
or the gross negligence of the County or its employees while acting within the scope of their
employment. Following the expirations of the warranty period, Property Owner shall be released
from the foregoing requirement. All contractors and other employees engaged in construction of
the improvements shall maintain adequate worker's compensation insurance and public liability
insurance coverage, and shall operate in strict accordance with the applicable laws and
regulations of the State of Colorado governing occupational safety and health.
5.0 Warranty of On-Site and/or Off-Site Improvements: Property Owner shall
warranty all improvements to public rights-of-way, (if any), and all privately created and
maintained roads or rights-of-way, or easements, and all on-site improvements for a period of
one (1) year. The warranty period shall begin only after the County's execution of a written
acceptance of the improvement(s).
6.0 Acceptance of On-Site and/or Off-Site Improvements by the County: Upon
compliance with the following procedures by the Applicant, the improvements shall be deemed
accepted by the County.
6.1 If requested by the Applicant and approved by the County, portions of the
improvements may be placed in service when completed according to the
schedule shown on Exhibit "B," but such use and operation shall not,
alone, constitute an acceptance of said portions of the improvements.
6.2 County may, at its option, issue building permits for construction for
which the improvements detailed herein have been started but not
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completed according to the schedule shown on Exhibit "B," and may
continue to issue building permits so long as the progress of work on the
USR improvements in that phase of the USR is satisfactory to the County,
and all terms of this Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of the required on-site
improvements, and the filing of a Statement of Substantial Compliance,
when necessary, by Property Owner's engineer, Property Owner may, as
set forth in Paragraph D.4.0, request in writing that the County inspect the
improvements and recommend to the Board of County Commissioners
that the improvements be accepted and further that the one-year warranty
period begin. Upon completion of the one-year warranty period, the
County Engineer and/or the Weld County Department of Planning
Services shall, upon request of Property Owner, inspect the subject
improvements, and notify Property Owner of any deficiencies. If any
deficiencies are discovered, Property Owner shall correct the deficiencies.
The County Engineer and /or the Department of Planning Services shall
reinspect the improvements after notification from Property Owner that
said deficiencies have been corrected. If the County Engineer and/or
Department of Planning Services find that the improvements are
constructed according to County standards, he or she shall recommend full
acceptance. Upon a receipt of a positive unqualified written
recommendation from the County Engineer and/or the Department of
Planning Services for acceptance of improvements within the USR, the
Board of County Commissioners shall fully accept said improvements.
6.3.1 All references in this Agreement to"Acceptance of Improvements"
shall refer to the County confirming completion of said
improvement(s) according to the accepted Construction Plans. By
accepting any improvement, the County does not thereby accept
said improvement for purposes of future maintenance, nor does the
County accept any present or future responsibilities or obligations
relative to these improvements.
7.0 General Requirements for Collateral:
7.1 County requires Property Owner to provide collateral to guaranty all of
Property Owner's obligations under this Agreement: (1) Proiect Collateral
for completion of all improvements described in this Agreement and (2)
Warranty Collateral required for all improvements during the warranty
phase
7.2 Project Collateral submitted to Weld County to guarantee completion of
the improvements identified on the accepted Construction Plans and USR-
1721 Plat Map and further enumerated in the costs listed in Exhibit "A",
must be equivalent to One-Hundred percent (100%) of the value of the
improvements as shown in this Agreement. Collateral for Off-Site
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improvements that extend partially off-site as mentioned in Section A.1.0
(if any) or D.2.0 of this Agreement that include only improvements
involving turning radii and approaches can be included as part of the On-
Site collateral amount, if clearly delineated on accepted Construction
Plans and differentiated as "Entrance Improvements" on Exhibit "A" On-
Site Improvements of this Agreement. Such collateral shall be provided to
the County on the dates set forth herein and shall be held in total by
County as provided in Paragraph E. 6.3 below until all improvements have
been completed. This collateral must be submitted to County upon the
submission of the Property Owner's application of a grading and/or right-
of-way permit.
7.3 Warranty collateral shall be submitted to County and shall be held in total
by the County for one (1) year following its written acceptance of the
improvement(s).
7.4 In the event Property Owner fails to adequately complete and/or repair
improvements associated with this Improvements Agreement, County will
access, in its sole discretion, Project or Warranty Collateral to the extent
necessary to complete said improvements or repairs in order to preserve
public interest.
7.5 Acceptable Project Collateral shall be submitted prior to commencement
of Site Preparation, as herein defined. No grading or building permits
shall be issued for any site related activities, on the property and no Site
Preparation shall commence until cost estimates for the improvements are
updated and collateral is provided in the amount of One-Hundred percent
(100%) of the value of the improvements to be completed, and the
development plans are revised to comply with all current County
standards, policies and regulations The improvements shall be completed
within the time schedule set forth in Exhibit "B", which is attached hereto
and made a part of this Agreement. If improvements are not completed
within these time frames, the County, at its discretion, may make demand
on all or a portion of the collateral and take steps to see that the
improvements are made. "Site Preparation"shall mean earthwork grading
or performance of work, or construction or installation of improvements
related to Applicant's planned operations pursuant to USR-1721 that
require a grading or building permit from the County pursuant to the Weld
County Code.
7.6 Collateral may be in the form of an irrevocable letter of credit (LOC) in an
amount equivalent to (100%) of the total value of the improvements set
forth in the Improvements Agreement; the LOC shall be subject to the
requirements of Weld County Code Section 2-3-30 B. The Property
Owner shall utilize only a County approved form when obtaining an LOC:
(IRRVEVOCABLE STANDBY LETTER OF CREDIT FOR BOARD OF
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COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A
copy of said form shall be provided to Applicant upon request.
7.7 Collateral may be in the form of a surety bond given by a corporate surety
authorized to do business in the State of Colorado in an amount equivalent
to one hundred percent(100%) of the value of the improvements set forth
in the Improvements Agreement. The surety bond shall conform to and be
subject to the requirements of Weld County Code Section 2-3-30 B.2. The
Property Owner shall utilize only a County approved form when obtaining
a surety bond: (PERFORMANCE BOND FOR BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of
said form shall be provided to Applicant upon request.
7.8 Collateral may be in the form of a cash deposit made with the Board in an
amount equivalent to one hundred percent (100%) of the value of the
improvements set forth in the Improvements Agreement. In the event the
applicant is required to warranty the improvements, the applicant shall
replace the original deposit with a deposit in the amount of fifteen percent
(15%) of the original amount and those funds shall remain available to the
County until released by the County at the end of the warranty period.
7.9 The Board of County Commissioners of Weld County reserves the right to
reject collateral which is deemed inappropriate or insufficient, which may
be either as collateral in the form of a letter of credit offered by a banking
institution which does not have at least a "three star" rating given by
Bauer Financial, or as collateral in the form of a performance bond offered
by an insurance company which does not have at least a B+ rating given
by A.M. Best. The Board further reserves the right to require Property
Owner to obtain replacement collateral if the rating of the financial
institution providing said collateral drops below the levels stated above.
Replacement collateral shall be submitted by Property Owner within sixty
(60) days of the Board's notice to Property Owner that the rating has
fallen and that the collateral must be replaced. Property Owner may not
terminate existing collateral until replacement collateral has been secured.
8.0 Request for Release of Collateral: Collateral shall be released in accordance with
the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire
project or for a portion of the project by Weld County, the Property Owner must present a
Statement of Substantial Compliance from an Engineer registered in the State of Colorado
(hereinafter "Engineer"). Engineering Statements of Substantial Compliance are only required
following notification by the County. The Statement of Substantial Compliance shall state that
the project or a portion of the project has been completed in substantial compliance with
accepted plans and specifications documenting the following:
8.1 The Engineer or his representative has made regular on-site inspections
during the course of construction and the Construction Plans utilized are
the same as those accepted by Weld County.
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8.2 For the improvements to public rights-of-way or easements, test results
must be submitted for all phases of this project as per Colorado
Department of Transportation (CDOT) Schedule for minimum materials
sampling,testing and inspections found in CDOT Materials Manual.
8.3 "As-built"plans shall be submitted at the time the letter requesting release
of collateral is submitted. The Engineer shall certify that the project
"as-built"is in substantial compliance with the plans and specifications as
accepted, or that any material deviations have received prior written
acceptance from the County Engineer.
8.4 The Statements of Substantial Compliance must be accompanied, if
applicable, by a letter of acceptance of maintenance and responsibility by
the appropriate utility company, special district or town for any utilities.
8.5 A letter must be submitted from the appropriate Fire Authority, if
applicable, indicating the fire hydrants are in place in accordance with the
approved plans. The letter shall indicate if the fire hydrants are operational
and state the results of fire flow tests.
8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the
final Construction Plans.
8.7 Following the submittal of the Statement of Substantial Compliance and
written recommendation of acceptance of the improvements by the
County, the Property Owner(if Property Owner has supplied any or all of
the collateral) may request release of the collateral for the project by the
Board. This action will be taken at a regularly scheduled public meeting
of the Board.
8.8 For all off-site and on-site improvements,(including improvements to
public rights-of-way or easements), the written request for release of
"Project Collateral" shall be accompanied by "Warranty Collateral" in the
amount of fifteen percent (15%) of the value of the improvements as
shown in this Agreement. However, collateral for improvements fully
accepted for maintenance by a responsible governmental entity, special
district or utility company will be fully refunded to Property Owner.
8.9 Following the written request for release of the "Warranty Collateral",the
Weld County Department of Planning Services and the Weld County
Department of Public Works County shall inspect the on-site and/or off-
site improvements. If the improvements need mitigation or further repairs
are required, said work must be completed prior to the conclusion of the
Warranty period. The "Warranty Collateral" shall be released to the
Property Owner following the expiration of the warranty period upon final
written acceptance by the Board of County Commissioners.
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8.10 "Road Maintenance Collateral" (If Applicable) for roads associated with
the designated haul route shall be maintained as long as the USR is active.
It shall be adjusted annually by the inflation rate based on the "Colorado
Construction Cost Index Report" as published by the Colorado
Department of Transportation. Road Maintenance Collateral shall be
adjusted annually, during the month of January, for inflation. The First
adjustment shall be made no less than twelve months after, and in no event
later than twenty four months from the execution of this Agreement
9.0 Successors and Assigns: This Agreement may not be delegated, transferred or
assigned in whole or in part by Property Owner without the express written consent of County
and the written agreement of the party to whom the obligations under this Agreement are
assigned. Consent to a delegation or an assignment will not be unreasonably withheld by County.
In the event of sale of the Property, County may agree to release Property Owner in whole or in
part from obligations under this Agreement. County's rights and obligations under this
Agreement shall automatically be delegated, transferred or assigned to any municipality which,
by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility
over the roads affected by this Agreement. All of the terms and conditions set forth in this
Agreement shall be binding upon the heirs, executors, personal representatives, successors and
assigns of Property Owner, and upon recording by the County, shall be deemed a covenant
running with the land herein described.
10.0 County Engineer: All references in this Agreement to "County Engineer" shall
refer to the any individual or individuals appointed by the County Engineer to act on his/her
behalf.
11.0 Violation of Terms of Agreement: If in County's opinion, Property Owner has
violated any of the terms of this Agreement,County shall notify Property Owner of its belief that
the Agreement has been violated and shall state with specificity the facts and circumstances
which County believes constitute the violation. Property Owner shall have fifteen (15) days
within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days
have elapsed, County believes in good faith that there has been a violation of the terms of this
Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of
this Agreement.
F. Governmental Immunity: No term or condition of this agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections
or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in
this Agreement shall give or allow any claim or right of action whatsoever by any other person
or entity not included in this Agreement. It is the express intention of the undersigned parties that
any person or entity, other than the undersigned parties, receiving services or benefits under this
M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1721 Dan LaCceUmprovements Agreement\Dan's Custom
Construction(USR-1721)Improvements Agreement(ON-SITE ONLY)(10-5-10)Final.docx Page 9 of II
Mt iVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIer
3 11104/2010
11 of
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Agreement shall be an incidental beneficiary only.
M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1721 Dan LaCoeUmprovements Agreement\Dan's Custom
Constmction(USR-1721)Improvements Agreement(ON-SITE ONLY)(10-5-10)Finat4ocz Page 10 of I 1
1 111111 11111 11111 IIIIII till III 1111111 III 111111 III lilt
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•
•
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
PROPERTY —�
PROPERTY
OWNER:
Subscribed and sworn to before me this //''day of (2c -ro`i , J%C>
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
•4p g •s Rade acher, Chair
lier
Weld County Clerk to the r`f.rd ti �` OCT 2 2010
fi♦
�ib61. ,t . f�,'
Cr*
BY: f I?I ttii2" �<• Ii''4 �'.1
Deputy Cler o the Board �► /
APPROVED 48:39 RM:
�.7
/' County Attorney
M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1721 Dan LaCceUmprovements Agreement\Dan's Custom
Construction(USR-1721)Improvements Agreement(ON-SITE ONLY)(10-5-10)Final.doex Page 11 of 11
1 111111 11111 111111 111111 11111 111 1111111 111 1113 111 1111
3730213 11/04/2010 04:09P Weld County, CO
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EXHIBIT A R COO (ON-SITE)
Name of Subdivision,PUD,USR,RE,SPR: U.SR / 72 / Filing/Case#: I,ocation: { !�}/ <
f ` Title c:; 4 iLt- Phone - "if _ay .J 6)t/J
Personnel Contact:Name ��n L-�.C L't'
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this facility the following improvements.
Improvements (ON-SITE)
(Leave spaces blank where they do not apply)
Quantity 11�Ii i� Unit Costs(5) Estimated Construction
('ost tsm
Site Grading
Street Grading
b
�
Street Base 130 i frcr� , (,,C,c
Street Paving
Entrance Improvements(Per Sea E.-Z2)
Curbs,Gutters,and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention/Detention Ponds -12 C)(
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Sanitary Sewers/Sewage Facilities
Sanitary Sewer Forced Main
Erosion Control Measures/BMP's
Laterals(house or building connected)
Water Supply and Storage
Water Mains(includes bore)
Fire Hydrants
Survey,Street Monuments/Boxes
Parking Area ( 00 y Cc,
Street Lighting
Street Names
Signage& Pavement Marking
s
Fencing Requirements (,l � 7 7c)(.1
y
Landscaping 3L, (,'6,c) C r,2 ' (1, S Lyri Got)
Park Improvements
'Telephone
Gas
Electric
Water Transfer
SUB-TOTAL.: 35- 2L'`
Engineering and Supervision Costs S C c)C
(Testing,inspection,as-built plans and work in addition to preliminary and final plat 2 supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION S 7, 20 6)
1110 IIIII 111111111111 11111 III 1111111 1011111110111
3730213 11/04/2010 04:09P Weld County, CO
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EXIIIBIT A s Cost Sheet;(ON41TE) Signature Page
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit B
Applicant
Date /0 /8 ,20 /U
Title
By:
Applicant
Date ,20
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
M:WGREEMENTS\Exhibits\Exh A on-site.xls
111111111111111111111111 Ell III1111111III111111III1111
3730213
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EXHIBIT B�-Time Schedule(ON-SITE)&(OFF-SITE)
Name of Subdivision,PUD,USR,RE,SPR: (A.5 17 2/ Filine/C1.e 0: Location:
Intending to be legally bona,the undersigned Applicant hereby agrees to provide throughout this facility the following Improvements.
All Improvements shall be completed within / yews from the date of approval of the final plat
Construction of the umprovemwna listed in Exhibit A shall be completed as follows:
Improvements Time Schedule
(Leave spaces blank where they do nol apply)
ION-s/TL 1 (OFF S/TL 1
Site Grading
Ctr' 'rte 'e'
Street Grading
C- t; K>f r%
Street Base //
Street Paving
Curbs,Gutters,and Culverts
Sidewalk
Stormwater/Drainage Facilities } ,7/
Retention/Detention Ponds J I y )�)11
Road Culvert L
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Sanitary Sewers/Sewage Facilities
Sanitary Sewer Forced Main
Erosion Control Measures/BMP's
Laterals(house or building connected)
Water Supply and Storage
Water Mains(includes bore)
Fire Hydrants
Survey,Street Monuments/Boxes
Parking Area 1 /
Street Lighting
Street Names
Signage&Pavement Marking CC 01v
Fencing Requirements , { l 2011
Landscaping ,J fl) 2L.‘, 1(
Park Improvements //
Telephone
Gas —
Electric
Water Transfer
Final Comuktign Elate for Entire Project L' !I
�15'Ct St
111411 IIIII IIIIII IIIIII IIIII III IMIIII III IIIIII III IIL
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EXHIBIT B - Time Schedule- Signature Page
The County,at its option, and upon the request of the Applicant, may grant an extension of time for completion
for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot
be met.
By: i a [' ( c
Applicant
ca,,ner Date /0 /8 ,20 /O
Title
By:
Applicant
Date ,20
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
M: AGREEMENTS\Exhibits\Exh B Time Schedule.xls
1 11111111111111111IIIIIIll \\tII���\I it
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CEP
Bond Number71005968
PERFORMANCE BOND FOR cC
BOARD OF COUNTY CCM*IISSIONERS OF WELD COUNTY, COLORADO
KNOW ALL PERSONS BY THESE PRESENTS, that
(name) Dan's Custom Construction, Inc. , (address)11150 Jwms st.Fort Lupton CO sons,a (corporation,
limited liability company, etc.) corporation , organized under the laws
of the State of Colorado , with its principal office located at
(address) 1175oawmssl,Fonwpton,coeoe21, hereinafter called "Principal", and (name
of Surety)western surety Company, of (address of surety) 101 5 Phillips Ave,Sious,Falls,SD 57117
hereinafter called "Surety" are held and firmly bound unto Board of
County Commissioners of Weld County, Colorado, on behalf of Weld
County, Colorado, hereinafter called "Obligee" in the full and penal
sum of * Dollars ($" ) , lawful money of the United States for the
payment of which well and truly made, we bind ourselves, our heirs,
administrators, successors and assigns, jointly and severally, firmly
by these presents.
*Thirty Seven Thousand Two Hundred and No/100"$37,200.00
WHEREAS, the above-bound Principal has obtained or is about to
obtain from the Obligee a land use permit, namely (insert the specific
permit and number - USR, SPR etc) URS#1721 , and pursuant
to the requirements of said permit, has entered into an Improvements
Agreement, dated 10/7/2010 , with Obligee, and
WHEREAS, The Improvements Agreement requires Principal to obtain
a performance bond in an amount equal to the total cost of the
improvements for which Principal is responsible and naming Obligee as
beneficiary, and
WHEREAS, the value of improvements for which Principal is
`"
responsible equals , ($'**' ) .
*"Thirty Seven Thousand Two Hundred and No/100"**$37,200.00
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
Principal shall well, truly and faithfully perform its duties, and all
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 Obilgee 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 Obilgee from all costs and
damages which it may suffer by reason of said default, this obligation
shall remain in full force and effect;
PROVIDED FURTHER, that Surety, for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition to the
terms of the Improvements Agreement to the work to be performed
thereunder, shall in any way affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Improvements Agreement.
PROVIDED FURTHER, this bond is NONCANCELLARLE, and shall renew
annually automatically, from the date of this bond until its release by
Obligee, to guarantee that Principal shall well, truly and faithfully
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 be deemed an original, this 6th
day of October, 2010 .
Dan's Custom Construction, Inc.
Principal
'. ./..,,be,/.CLG�C / By: (re5 ,cied>
Principal Secretary%Witness T4.tle
(SEAL)
S Y (INSURANCE COMPANY NAME)
2:0 tllXNls�./ Elizabeth Dekarske By: 7.77/r
Witness as o Surety Michael John Herranen , Attorney-in-Fact
22601 N 19th Ave,Suite 210 22601 N 19th Ave, Suite 210
Address Address
Phoenix,AZ 85027 Phoenix,AZ 85027
Address Address
IMPORTANT: 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 Fact's authority from the
surety company certified to include the date of the bond.
ACKNOWLEDGMENT OF SURETY
STATE OF Arizona ) (Attorney-in-Fact) Bond No. 71005960
ss
COUNTY OF Maricopa
On this 6th day of October 2010 , before me, a notary public in
and for said County,personally appeared Michael John Herranen
to me personally known and being by me duly sworn, did say, that he is the Attorney-in-Fact of WESTERN SURETY COMPANY,
a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South
Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that
the said Michael John Herranen
acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sign said instrument
without affixing the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at 22601 N 19th Ave,Suite 210
Phoenix Arizona ,the day and year last above written.
My commission expires
March 16th 2014
Notary Public
Jennifer Pixler
Form 106-42000
( / Jennifer Plitt
_ Notary Public-Anions
t t vit Commission 6a0Maa
( �a a�� Moen N�WM
Western Surety Company
POWER OF ATTORNEY-CERTIFIED COPY
Bond No. 71005968
Know All Men By These Presents,that WESTERN SURETY COMPANY,a corporation duly organized and existing under the laws
of the State of South Dakota,and having its principal office in Sioux Falls, South Dakota(the"Company"),does by these presents make,
constitute and appoint Michael John He rranen
its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred,to execute,acknowledge and deliver for and on its
behalf as Surety,bonds for:
Principal: Dan' s Custom Construction, Inc.
Obligee: ' Weld County Planning
Amount: $500,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President,sealed with
the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorney(s)-in-fact
may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety
Company which remains in frill force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary,Treasurer,or any Vice President or by such other
officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies,undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile,"
All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of October 6
2011 ,hut until such time shall be irrevocable and in full force and effect.
In Witness Whereof,Western Surety Company has caused these presents to be signed by its Senior Vice President,Pad T.Bruflat,
and its cor,acsi4 sgal to be affixed this 6th day of October 2010
n +�
is4 ^M et, WEST R SURE COMPANY
Paul T.Brufla enior Vice President
srrIgp J2sQL7. s1 4�'A )
�s€;ir:d > ss
C OUN13r-Q` fYis`tL'1I IA
On this 6th day of October ,in the year 2010 ,before me,a notary public,personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation.
%%%%% i
D. KRELL ;
s.er NOTARY PUBLIC/ NI otary Public South Dakota
•r='may SOUTH DAKOTA1oycJ+
My Commission Expires November 30,2012
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota,do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company as
set forth in the Power of Attorney is now in force.
In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this __ _ 6th day of
October 2010
WEST Rh SURE COMPANY
Paul T.Brufla enior Vice President
Form F6306$2006
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