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Home My WebLink About20100170.tiff 15 RESOLUTION RE: APPROVE AGREEMENT CONCERNING CERTIFICATE OF OCCUPANCY COLLATERAL FOR ON-SITE IMPROVEMENTS FOR USE BY SPECIAL REVIEW PERMIT #895 - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, 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 June 27, 1990, the Weld County Board of Commissioners approved a Site Specific Development Plan and Use by Special Review Permit #895, for Waste Services Corporation, do Brad Keirnes, 6037 77th Avenue, Greeley, Colorado 80634, for a solid waste disposal site and facility located in the A(Agricultural)Zone District on the following described real estate, to-wit: Part of the SW1/4 of Section 7, Township 7 North, Range 66 West of 6th P.M., Weld County, Colorado WHEREAS, in order to insure the successful completion of the improvements to the property, the Board has been presented with an Agreement Concerning Certificate of Occupancy Collateral for On-Site Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Waste Management Disposal Services of Colorado, Inc., 40,000 Weld County Road 25, Ault, Colorado 80610-9748, and WHEREAS, the Board has been presented with check #28498 from ET Environmental Corporation, 4501 Bridgetown Road, Suite 105, Cincinnati, Ohio 45211, in the amount of $60,000.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said check 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 Agreement Concerning Certificate of Occupancy Collateral for On-Site Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Waste Management Disposal Services of Colorado, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED that check#28498 from ET Environmental Corporation,4501 Bridgetown Road, Suite 105, Cincinnati, Ohio 45211, in the amount of$60,000.00, be and hereby is, accepted. 111111111111111111 IIII 1111111 IIIII 11111 III HE IM IIII 2010-0170 3672788 01/29/2010 11:48A Weld County, CO PL0777 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder CERTIFICATE OF OCCUPANCY COLLATERAL FOR ON-SITE IMPROVEMENTS - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of January, A.D., 2010. BOARD OF COUNTY COMMISSIONERS -‘,1 IS La%WELD COUNTY, COLORADO ATTEST: y • . ' ' ��• pc.- i f�.uglas 'adem-cher, C ir Weld County Clerk to the r. ,.Y\ f .4 .A A /' Barbara Kirkmeyer, Pr.-Te BY: . 4 iti, �(1 tL2ilj(7'( r '^)i ' Deputy CIerktto the Board s� �. Sea C nw y J� ,_,_<"'F APPROVu U FORM: jSney WGaa j-"t e CS David E. Long UUU Date of signature: h/.2 7/C 1111111 Ill 111111 1111111111 liii !jICII IIII /III 111 3672788 ounty, CO 2010-0170 pL07 2 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder CERTIFICATE OF OCCUPANCY COLLATERAL FOR ON-SITE IMPROVEMENTS Waste Management Corp.—USR-895 THIS AGREEMENT, made and entered into this ic'l' day of y„,� �, ,iOrc1, by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and Waste Management Disposal Services of Colorado, Inc., hereinafter called "Waste Management." WITNESSETH WHEREAS, Waste Management is the owner of a portion of the SW I/4, Section 7, T7N, R66W of the 6th P.M., Weld County, Colorado known as the North Weld Landfill, and has a permit, USR 895, for the operation of said landfill, and WHEREAS, Waste Management desires to construct certain improvements on the property described above, including the building of a new scale house, and paving of the site, and the installation of a drainage culvert, and WHEREAS the Weld County Planning Department determined that the improvements to the property do not constitute a"substantial change" to USR-895,and WHEREAS, Waste Management desires to use the new scale house, but due to weather conditions is unable to undertake the paving of the site or the construction of the culvert, and WHEREAS, the County's policy is not to issue a Certificate of Occupancy until the Weld County Department of Public Works accepts the improvements, which cannot be constructed at this time, and WHEREAS, the County frequently collects collateral to insure the successful completion of improvements to property. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: The Weld County Building Official shall issue a Certificate of Occupancy for the new scale house following the successful completion of all of the following steps: 1. Waste Management shall post the collateral described below to insure the completion of the paving and the construction of the culvert on the site; 2. Waste Management shall obtain all final inspections of the scale house by Weld County Building Inspector; 3. Waste Management shall also obtain written approval of the scale house from the applicable departments of Weld County government, (including, but not limited to, the Departments of Planning Services, Public Works and Health, and shall obtain the written approval of the structure by the local fire protection district. Page 1 of 3 M:\PLANNING—DEVELOPMENT REVIEVV\USR-Use by Special Review\USR-895 Waste Management\Waste Management(USR- 895) IA-Final Version 01-06-10.docx 111111 HIS IIIIIIII11111viiiIIII 3672788 01/29/2010 11:48A Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder ,,,,yr/r -C/7 Waste Management shall post collateral, in accordance with County policy, to insure the successful completion of the paving and construction of the culvert in the amount of Sixty Thousand and 00/100 Dollars ($60,000.00), and Weld County shall return the collateral to Waste Management following Waste Management's submission of a written statement that it has successfully completed both the paving and construction of the culvert in accordance with the details shown on the grading and erosion control plan by May 31, 2010, and following the County's confirmation of said statement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PROPERTY OWNER: By: Scott Bradley Vice President, Waste Management isposal Services of Colorado, Inc. STATE OF COLORADO ) -nur ss. County of Weld ) '� The foregoing instrument was acknowledged before me this 7 day of 1 ; 20 /0, by Scott Bradley, Vice President, Waste Management Disposal Services'of Colora o, Inc. My commission expires: . / ��% � f°.l, 99-7 6' -- Notary Public Page 2 of 3 M:\PLANNING-DEVELOPMENT REVIEWIUSR-Use by Special Review\USR-895 Waste Management\Waste Management(USR- 895)IA-Final Version 01-06-10.docx I 'VIII III" IIIIII I1ll 1111111111111111111111111 IIII IIII 3672788 01/29/2010 11:48A Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 7-5 Weld County Clerk to t o- 40ouglas Rademacher, Chair -A41,-;),& �1 JAN 2 02010 BY: p Deputy Clerk,16 the Bi' APPROVED AS TO FORM: ounty Attorney Page 3 of 3 M:\PLANNING-DEVELOPMENT REVIEVNUSR-Use by Special Review\USR-895 Waste Management\Waste Management(USR- 895) IA-Final Version 01-06-10.docx 1 111111 11111 111111 IIII 1111111 11111 11111 III VIII Ell IIII 3672788 01/29/2010 11:48A Weld County, CO 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder /D MEMORANDUM TO: Board of County Commissioners IineCOLORADO DATE: January 20, 2010 FROM: Kim Ogle, Planning Services SUBJECT: Acceptance of Cash Deposit ET Environmental Corporation for North Weld Landfill —Waste Management Use by Special Review USR-895 The Department of Planning Services' is in receipt of a cash deposit for the North Weld Landfill/Waste Management Disposal Services of Colorado, Inc., USR-895 for the on-site improvements associated with the new scale house, paving and culvert installation and associated improvements on lands located in the SW4 of Section 7, T7N, Range 66 West of the 6th P.M., Weld County, Colorado, in the amount of sixty thousand (60,000.00) and 00/ 100s dollars. Total Estimated Cost for improvements 60,000.00 dollars The Weld County Attorney finds the Agreement is in the appropriate form;the Department of Public Works has determined that the amount of the agreement will be sufficient to complete the work required for the Waste Management North Weld Landfill, case number USR-895. The Department of Planning Services' recommends acceptance of this cash deposit by the Board of County Commissioners. 2010-0170 Weld County Planning Department GREkil ,)FFi^,E MEMORANDUM Wi`pC TO: Kim Ogle, Planning Services DATE: January 1 , 2 1 FROM: Clay Kimmi, RE., CFM COLORADO SUBJECT: USR-895 Collateral and Improvements Agreement Waste Management started construction of a scale house and access improvements earlier this fall. The access improvements consisted of paving to the new scale house and vehicle tracking pads. The scale house was constructed and is ready for use. However, the weather turned bad and Waste Management was unable to complete the access improvements. In order to obtain a Certificate of Occupancy for the scale house, Waste Management asked to post collateral for the access improvements. The access improvements will be completed this spring. Waste Management signed the improvements agreement and provided a check for$60,000 as collateral. Original&Email: Kim Ogle,Planning Services pc: USR-895 Page I of I M:APLANNING—DEVELOPMENT REVIEW VUSR-Use by Special ReviewVUSR-895 Waste Management AUSR-895 Collateral Memo to Planning l-14-l0.DOC a WELD LANDFILL ti v. w. A WASTE EMENT COMPANY 40,000 Weld County Road 25 Ault, Colorado 80610.9748 (970)686-2800 (970)686-1031 Fax January 12, 2010 Hand Delivered Mr. Kim Ogle Weld County Planning 918 10th Street Greeley, CO 80631 Dear Mr. Ogle: Enclosed is the signed"Certificate of Occupancy Collateral for On-Site Improvements" for the North Weld LandfilUWaste Management Disposal Services of Colorado, Inc. (USR-895) and the related check in the amount of$60,000.00. Please process this agreement through the Weld County Board of Commissioners at the next available opportunity. Thank you for your assistance with this matter. Please contact me at 970.686.2800 ext. 23 if you require additional information. Cordially, Bill Hedberg Sr. District Manager 3) m 4 o o D w o o CO W V o o N c o o m O O U < o o F C W W 0 Z C O C V < c G L rti i Z O O 4 O O O Cl) 4 C-) Fi 4 D Cr) rd 4 O >1 H i O 0.4 X 0 0 Z C W z '[j Y c 0 m o o O c O ¢ n HLLI 110 C r C Q2 O O W 0 H W O O LL w O O O g y] al O o O w W 0 ,r C >i ? H 1) r H 0 X C -H C Cu o * o * W 0 * ~ O ¢ * OO ' a o * W F * r z w * O O * t * r E H * r- O w * 'Si *O 0O O O O\ * LO i d' d rd H * H N 00 • 5E rr5 H * N O N 0 O N N O R to * Hril J7t, * F 3 x di Z O 0 * 1 ic 0 �m ujEr W -IC Z i bl -H * D H °Z 0 -H o a Oz Lo W cc k W H QO o o > @ -H * _ O H H ZHJU * Z z W 1 W O -H O 3 L _ o 00 )_ to0 -H * H o W dr Ul O * 5 0 i * Z H * D o * ✓ zi w H * Z o 0w LI i 2Q RI O O W LI s . Donna Bechler From: Esther Gesick Sent: Wednesday, January 06, 2010 8:50 AM To: Clayton D. Kimmi Cc: Kim Ogle; Donna Bechler Subject: RE: N. Weld Landfill COR#2 Erosion Control, RCP Crossing Clay, Thanks for your voice mail, that helped point me in the right direction. Once Waste Management signs the agreement, please forward it, along with a staff memo and a check made out to "Weld County", if that is the form of collateral they have chosen. Once the Resolution is signed, we will use that to direct the Accounting Dept to deposit the money into our Trust fund so that it can earn interest while we are holding it. Next Spring, when staff determines the work is complete, all you will need to do is forward a staff memo requesting release, we will list it on the next available Agenda, Donna pulls the Resolution to ensure early signature, and again that document is what we use to have a check issued back to the applicant, which we then forward to them with a cover letter (typically within a week) . I hope this gives you what you need to respond to Waste Management, but please don't hesitate to call/e-mail with further questions. Thanks! Esther E. Gesick Deputy Clerk to the Board Weld County, Colorado 915 10th Street Greeley, CO 80631 (970)356-4000 X4226 (970)352-0242 (fax) Original Message From: Clayton D. Kimmi Sent: Tuesday, January 05, 2010 4:31 PM To: Esther Gesick Subject: FW: N. Weld Landfill COR #2 Erosion Control, RCP Crossing Ester, I was told that you could help me answer the three questions below. Can you provide me with the answers so I can get back to Waste Management? Thanks Clay Original Message From: Gary Harrison [mailto:Gary@cwarch.com] Sent: Tuesday, January 05, 2010 12:24 PM To: Clayton D. Kimmi Cc: Grady, Mitch D. Subject: RE: N. Weld Landfill COR #2 Erosion Control, RCP Crossing Clay, we are wrapping up this agreement and security. A few questions: 1 l . 1. Is the check made out to Weld County? 2. Will the check be held or cashed? 3. Once the final pavement is completed and approved, what is the approximate turn around on receiving the security back? thanks Gary Harrison Principal, LEED AP, NCARB Concepts West Architecture, Inc. Lowell School 831 S Nevada Avenue, Suite 100 Colorado Springs CO 80903 719.576.1555 2 Hello