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HomeMy WebLinkAbout20100923.tiff 692 RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (ON-SITE ONLY),AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR SITE PLAN REVIEW, SPR#428- HOAD, 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 February 24, 2009,the Department of Planning Services staff approved Site Plan Review, SPR#428,for Zeek Partnership, LLLP, 4057-B Camelot Circle, Longmont, Colorado 80504, c/o HOAD, Inc., 13025 County Road 16, Fort Lupton, Colorado 80621, for a Site Plan Review for sand blasting, a paint booth, outdoor storage, parking of equipment, and fabrication of material on the following described real estate, to-wit: Lot 8, Block 2, of Amended Rademacher Subdivision; being part of the NW1/4 of Section 23, Township 3 North, Range 68 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 HOAD, Inc.,with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Performance Bond #2089548 from North American Specialty Insurance Company, 475 North Martingale Road, Suite 850, Schaumburg, Illinois 60173, in the amount of$271,161.00, 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 HOAD, Inc., be, and hereby is, approved. 111111 11111 111111 111111 III 11111 1111111 111 11111 1111 1111 3694692 05/21/2010 10:38A Weld County, CO 2010-0923 1 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PL0525 IMPROVEMENTS AGREEMENT- HOAD, INC. PAGE 2 BE IT FURTHER RESOLVED that Performance Bond #2089548 from North American Specialty Insurance Company,475 North Martingale Road, Suite 850, Schaumburg, Illinois 60173, in the amount of$271,161.00, be and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of May, A.D., 2010. ,,� BOARD OF COUNTY COMMISSIONERS 41 E 1, ^r LD CO NTY OLORADO ATTEST: '5• •y- 'T uT11F s Rade =cher, C air Weld County Clerk to the Boar ritl •\ , ara Kirkmeyer, P o-Tem A ft BY: AO I B11,71�/ �� C_ P� De ut Clerk the Board Sean P. Co y AP, PR /j /j�j� � v Willis ! . Garda ounty Attorney e,,, 9 E 7 I David E. Long Date of signature: 5 Iacd IC 111111111111111111111111 III 111111111111 III 11111 IIII IIII 3694692 05/21/2010 10:38A Weld County, CO 2 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2010-0923 PL0525 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (ON-SITE ONLY) HOAD, Inc. —SPR-428 THIS AGREEMENT, made and entered into this day of by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and HOAD, Inc., hereinafter called "Property Owner." WITNESSETH: WHEREAS, Property Owner is the owner of, the following described property in the County of Weld, Colorado: Lot 8 Block 2 of Amended Rademacher Subdivision"; located in Part of the NW4 of Section 23, T3N, R68W 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 sand blasting, paint booth, outdoor storage, parking of equipment and fabrication of material on approximately 3.25 acres on the above described real property, and the County is currently in the process of considering a Site Plan Review for the Property(SPR-428), and WHEREAS, the Property Owner acknowledges that the issuance of SPR-428 is conditional upon Property Owner's performance of the on-site and/or 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 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 an application for grading 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 B. Haul Routes: Non-Applicable C. Road Maintenance Requirements: Non-Applicable M:\PLANNING-DEVELOPMENT REVIEW\SPR-Site Plan Review\SPR-428 Zeck Partnership\Improvements Agreement\HOAD(SPR-428) IA(2-17-10)Final.docx Page I of 9 gill VIII IIIIII IIIIII III VIII IIIIIII III VIII IIII IIII 2010-0923 3694692 05/21/2010 10:38A Weld County CO 3 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 site plan drawings. Specifically, Property Owner shall at its own expense, plant, install and maintain all trees, grass and shrubs and other landscaping and re- seeding where applicable as shown on the accepted Construction Plans and/or site plan drawings. Additionally, the Property Owner shall install and maintain fencing to screen the property where applicable as indicated on the accepted Construction Plans and/or site plan drawings. Some of these improvements may include work extending into State or County Right-Of-Way in which case a Right-Of-Way permit is required. 2.0 On-Site Grading, Drainage Facilities, and Paving: Property Owner shall, at its own expense, grade and/or pave specified roadways, accesses and parking areas, and install accepted drainage facilities, 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. 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 SPR. Some of these improvements may include work extending into State or County Right-Of-Way in which case a Right-Of-Way and/or Colorado Department of Transportation(CDOT) 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 SPR. No grading permit will be approved 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, 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. 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. 1.1 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. M:\PLANNING—DEVELOPMENT REVIEW\SPR-Site Plan Review\SPR-428 Zeek Partnership\hnprovements Agreement\HOAD(SPR-428) IA(2-17-10)Final.docx Page 2 of 9 HUHN! 111111 11111 III 111111111111 III BIM IIII 3694692 05/21/2010 10:38A Weld County, CO 4 of 15 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 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 its own expense, 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 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 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 materials or construction; and shall furnish copies of test results 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 shall be removed and replaced to the satisfaction of the County at Property Owner's expense. 3.4 Said on-site improvements, including any access improvements, shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B." The Board of County Commissioners, at its option, may grant an extension of the time of completion of items shown on the accepted Construction Plans, with associated costs shown on Exhibit "A", upon application of the Property Owner subject to the terms of Section 6 herein. 4.0 Release of Liability: 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 M:\PLANNING—DEVELOPMENT REVIEW\SPR-Site Plan Review\SPR-428 Zeek Partnership\Improvements Agreement\HOAD(SPR-428) IA(2-17-10)Final.docx Page 3 of 9 1 111111 11111 111111 111111 111 11111 Ell I I 11111 1111 1111 3694692 05/21/2010 10:38A Weld County, CO 5 of 15 R 0.00 D 0.00 Steve Moreno Clerk & Recorder design and construction of 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. 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 laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Warranty of On-Site Improvements: Property Owner shall warranty all improvements to public rights-of-way, including 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 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 constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but not 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 SPR improvements in that phase of the SPR 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 MAPLANNING—DEVELOPMENT REVIEW\SPR-Site Plan Review\SPR-428 Zeek Partnership\Improvements Agreement\HOAD(SPR-428) IA(2-17-10)Final.docx Page 4 of 9 ALAI Dill' 111111III ����� ������� ��� 11111l��� ���� 3694692 05/21/2010 10:38A Weld County, CO 6 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 SPR, 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) Project Collateral for completion of all improvements described in this Agreement; (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 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 improvements mentioned in Paragraph A.1.0 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 until all improvements have been completed. This collateral must be submitted to County upon the approval of this Agreement by the Board of County Commissioners. 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 Acceptable 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 M:\PLANNING-DEVELOPMENT REVIEW\SPR-Site Plan Review\SPR-428 Zeek Partnership Improvements Agreement\I-IOAD(SPR-428) IA(2-17-10)Final docx Page 5 of 9 111111111111111111111111 III 11111111111 I 111 11111 1111 1111 3694692 05/21/2010 10:38A Weld County, CO 7 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder standards, policies and regulations. The improvements shall be completed within the time schedule set forth in Exhibit "B" hereto. 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 SPR- 428 that require a grading or building permit from the County pursuant to the Weld County Code. 7.5 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 COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Applicant upon request. 7.6 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.4. 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. 7.7 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. 7.8 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 of collateral has been secured. M:\PLANN W G—DEVELOPMENT REVIEW\SPR-Site Plan Review\SPR-428 Zeek Partnership Improvements AgreementWOAD(SPR-428) IA(2-17-10)Final.docx Page 6 of 9 11111111111111111lilt ill 11111lilt III IIIII MI ft 3694692 05/21/2010 10:3Se Weld County, CO 8 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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"), 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 Property Owner's 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. 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 Property Owner's 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 appropriate, 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 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 Weld County Department of Planning Services and the Weld County Department of Public Works, the Property Owner may request release of the collateral for the project or portion of 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 excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. M:\PLANNING—DEVELOPMENT REVIEW\SPR-Site Plan Review\SPR-428 Zeek Partnership\Improvements Agreement\HOAD(SPR-428) IA(2-17-10)Final.docx Page 7 of 9 IUD 11111111111111111III11011111111 III 0111VIIIVIII 3694692 05/21/2010 10:38A Weld County, CO 9 of 15 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 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 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. 9.0 Successors and Assigns: Except as specified below, this Agreement may not be delegated or assigned in whole or in part by either party hereto without the express written consent of the other party 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. Notwithstanding the previous two sentences, the obligations to improve and maintain the improvements outlined in this Agreement may be delegated to a purchaser of a portion or all of the Property or business operation conducted thereon, provided further that County's consent to such does not relieve HOAD, Inc. (SPR-428) of any obligations under this Agreement. Notwithstanding any other provisions of this Agreement or of this paragraph, County may delegate or assign its rights and obligations under this Agreement without the consent of Property Owner (or its assigns, delegates or successors in interest) to another governmental entity which by annexation or agreement has assumed jurisdiction over the roads affected by this Agreement. This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the 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. M:\PLAN NING—DEVELOPMENT REVIEW\SPR-Site Plan Review\SPR-428 Zeek Partnership\Improvements AgreemenN-IOAD(SPR-428) IA(2-17-10)Final docx Page 8 of 9 IIF! 11111111111111111 III IIIII 1111111 III 111111 III IIII 3694692 05/21/2010 10:38A Weld County, CO 10 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT A - Cost Sheet (ON-SITE) Name of Subdivision,PUD,USR,RE,SPPR: k�acQe.-.4 ii,,.fi i% Sa'4'z r Filing/Case tl: p Location:1414 Lc' Personnel Contact:Name /na-l( �s�M cll� Title O, - Pte -( Phone ,3 tit 7 2or( 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 Units Unit Costs($1 Estimated Construction Cost,s Site Grading Z‘ GY et,tt, $ /OI406,c,o Street Grading Street Base 7t y�S S �l t - <0 F 3E, !as—, Street Paving 43 g•L S � (or,oc) f t3 2z0, (_v Entrance Improvements(Per Sec.E.-7.2) Curbs,Gutters,and Culverts Y I �.Cx% (_ R 9, 00 .$/0/ bee Sidewalk Stormwater/Drainage Facilities I-- 3 S 7/6,e10 $ 5,7(6 t c-o Retention/Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements / 5 .S 4c.co .17.2.OO,co Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion ControlMeasuresBMP's z_co —r 430.06 36,ccc%,C 3 Laterals(house or building connected) Water Supply and Storage Water Mains(includes bore) Fire Hydrants Survey,Street Monuments/Boxes ) L S 4 ;(- oW,tr ,$,Zt coo, (tj Parking Area Street Lighting 7 Er_c_t. $Z, 5-7, 14,1 7r;ocx>_,i Street Names Signage&Pavement Marking Fencing Requirements /C 7C L r 3 cx, .t 37 I/5r,no Landscaping t,2s 7"/.) $ 30. UJc, s 2H, 7S-0,c i Park Improvements Telephone Gas Electric i' L 5 $ 7U 000.(e" Sic,oct), t, Water Transfer SUB-TOTAL: Engineering and Supervision Costs$ coo (Testing,inspection,as-built plans and work in addition to preliminary and final plat;supervision of actual construction by contractors) -rrvrei FSTIMATFI)COST OF IMPROVEMENTS AND SUPERVISION $ 77.7// /Ot C-) 1 111111 1111 111111 IInI III VIII IIIIIII III lilt III IIII 3694692 05/21/2010 10:38A Weld County, CO 11 of 15 R 0.00 0 0.00 Steve Moreno Clerk & Recorder EXHIBIT A - Cost Sheet (ON-SITE) - 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 %% W11nnIt1, ,13d � G+ s44,I/e?r' X�n Date ei —2 ,20 / O tb 3 y •;3. #.::eltacz• •e• '1/4,CaA 111'Nd'eC nt C-t orck S4"cse L. rJ.( Date it /1 ,20 /O Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) MII1 III 111111111111 III 111111 III IIII 3694692 05/21/2010 10:38A Weld County, CO 12 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder M:\AGREEMENTS\Exhibits\Exh A on-site.xls EXHIBIT B-Time Schedule(ON-SITE) &(OFF-SITE) Name of Subdivision,PUD,USR,RE,SPR:Fsnrfe...,.' /.b./tLci 5/Ef/1rFiling/Case N: Location:Ogic case-4 Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this facility the following improvements All improvements shall be completed within O.S years from the date of approval of the final plat. Construction of the umprovements listed in Exhibit A shall be completed as follows: Improvements Time Schedule (Leave spaces blank where they do not apply) fan IOFF-SITEI Site Grading -5--2-41—/0 4 -a-to Street Grading Street Base j q y le 6 -16- l b Street Paving 6 2g __to ,.-_ i __ to Curbs,Gutters,and Culverts 6- — `y- io Sidewalk Stormwater/Drainage Facilities _.ZI- /C'1 7- 2-1C' Retention/Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements C3 L /1 CJ ,- J� ! -7 `c Subsurface Drainage / Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control Measures/BMP's 4 -_1C Laterals(house or building connected) Water Supply and Storage Water Mains(includes bore) Fire Hydrants Survey,Street Monuments/Boxes 5_, cf_ f L _/ g,. t L Parking Area Street Lighting („__ - /c' 6- /g- -to Street Names Signage&Pavement Marking Fencing Requirements 7 _/L .7- 130, - i Landscaping / Park Improvements Telephone Gas Electric ( --,Z b -V- /c Water Transfer Final Completion Date for Entire Project br 1 111111 11111 111111 111111 111 11111 1111111 111 111111 1 1111 3694692 05/21/2010 10:38A Weld County, CO 13 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. `````pPJuuuuui„ry .. v ulj` �C a, APP ‘• q on„hi: !'/e s,<1l F_ Date y/-Z B- ,20 / Title ci licant ost"ca+ \ e c te\t'a c Date /�Z� ,20 /0 Title (If corporation, to be signed by President and attested to by Secretary,together with corporate seal.) 11111111111111111111111111 111111 III IIII 3694692 05/21/2010 10:38A Weld County, CO 14 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder M:\AGREEMENTS\Exhibits\Exh B Time Schedule.xls IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. \•o p utni ,,,,,p PROPERTY ° ' ' OWNER: �'µ _ 1 xM: 0t1 \5. te ; PROPERTY 'v OWNER: „nn u a• •, rrnI,rr � • Subscribed and sworn to before me this 7 r day of /32r,`/ , /d . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO A I I EST: I_ • ,r ' ?rte 401/4) ugl Rade acher, Chair Weld County Clerk to t Bt feel } MAY 0 3 2010 i� :a BY: ,/i/!./ t eputy Cler to the Boar��'�r AP ,D A, • ounty Attorney 1111111 11111 111111 111111111 11111 1111111111 111111 111 1111 3694692 05/21/2010 10:38A Weld County, CO 15 of 15 R 0.00 D 0.00 Steve Moreno Clerk & Recorder M:\PLANNIN—DEVELOPMENT REVIEW\SPR-Site Plan Review\SPR-428 Zeck Partnership\Improvements Agreement\HOAD(SPR-428)IA (2-17-10)Final door Page 9 of ;5)O/0--O JoU Matt Goodrich From: Jennifer Frazier Den@reddcofence.com] Sent: Thursday,April 29,2010 8:39 AM To: Matt Goodrich-Elkhorn Subject: Vinyl privacy fence Matt, This note is to confirm our recent conversation about the fence project at your new facility in Ft Lupton, CO. We will supply and install the white vinyl 6-foot high privacy fence for $35.00 per linear foot. Please let me know if you need any additional information. Jennifer Frazier Redd Co Fence, LLC PO Box 24290 Denver, CO 80224 TEL: 303-373-4224 CELL: 303-901-3026 FAX: 303-373-4281 EMAIL: Jen(alReddcoFence.com 1 r Bond No. 2089548 PERFORMANCE BOND FOR 6�L l BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO KNOW ALL PERSONS BY THESE PRESENTS, that (name) _ ROAD, Ire. , (address) P.O. Box 738, Fort Lupton, CO 80621, a (corporation, limited ] ability company, etc. ) corporation, organized under the laws of the State of Wyoming, with its principal office located at (address) 13025 WCR 16, Fort Lupton, CO 80621, hereinafter called "Principal", and (name of surety)North American Specialty Insurance Company, of (address of surety) 475 North Martingale Road, Suite 850, Schaumburg, IL 60173, 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 Two Hundred Seventy One Thousand One Hundred Sixty One Dollars and No Cents ($271, 161 . 00) , 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 . 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) SPR-428, and pursuant to the requirements of said permit, has entered into an Improvements Agreement, dated /2p.-0/ /3 2010, with Obligee, and WHEREAS, The Improvements Agreement requires Principal to obtain a performance bond in an amount equal to the total cost cf the improvements for which Principal is responsible and naming Obligee as beneticiary, and WHEREAS, the value of improvements for which Principal Is responsible equals Two Hundred Seventy One Thousand One Hundred Sixty One Dollars and No Cents, ($271, 161.00) . 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 Obligee from all costs and damages which it may suffer by reason of Principal' s failure to perform as agreed, and shall reimburse and repay Obligee all outlay and expense which Obligee may incur in making good any default, then this oc_iaatson 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 Jr, any way affect its obligations on this bond, and it does hereby waive i:cticc of any such change, extension of time, alteration or addition to the terms ci the Improvements Agreement. PROVIDED FURTHER, this bond is NONCANCELLABLE, 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 he grantee cy Obligee with or without notice to Surety. The parties to this Performance Bond acknowledge that throuch t 14mtmvemmnIs Agreement, Obligee reserved the right to require Principal tr Mmair _ dlfferent Performance Bond from a financial institution other than hu ?vent that the rating of Surety by AM Best falls below a B+ rating . IN WITNESS WHEREOF, this instrument is executed in four counterparts, each one of which shall be deemed an original, this /3 day of 2010. ROAD, Inc. Principal By: Cu(c c('c f9Ims, 4. --Principal Se . -etary/Wi ess Title (SEAL) (INSURANCE COMPANY NAME) j � A �� ��v (�� North American Specialty Irscrance Company Witness as to Surety By:• :y�L.�-tom-% � - �r �. Lcr Ashley K. Br 4nt /Attc r - n-Fact 2742 Crossroads Blvd. 475 North Martingale Road, Suite 837 Address Address Grand Junction, CO 81506 Schaumburg, IL 60173 - . Address Address IMPORTANT: Surety company executing bond must appear nn 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 iron the surety company certified to include the date of the bond. NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New I lampshire.and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca,Illinois.each does hereby make,constitute and appoint: EILEEN A.BLANCHARD,TIMOTHY 1. BLANCHARD, ANITA C.KELLER,VIRGINE KORNBLUTH and ASIILEY K.BRYANT JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation.contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of. TWENTY-FIVE MILLION($25,000.000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company al meetings duly called and held on the 24i"of March,2000: "RESOLVED,that any two of the Presidents,any Managing Director.any Senior Vice President,any Vice President.any Assistant Vice President. the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney,qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company: and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may he affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate hearing such facsimile signatures or facsimile seal shell he binding upon the Company when so affixed and in the future with regard to any bond.undertaking or contract of surety to which it is attached.' „q6OvoHt�G& fa�e" _.. 4�S o t y✓S Q 3g ° ° S BY 'gar Gg a —`d•` SEAL in' sieve"P Anderson Proident&CI-re Officer f Washington Imernalionaii . Company La a SEALF.:4e yt'Z 1973 (of m &Senior VicePresident of\ooh American Specialty Insurance Company e a omtitim 1NySSS` By !g * z� so &avid M.Layman,Senior vice of of Washington International Insurance Company t'"''ace &Vim President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 1st day of April 2009 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss. On this 1st day of April ,20 09,before me,a Notary Public personally appeared Steven P.Anderson ,President and CIA)of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman, Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resnective companies. "OFFICIAL DONNA D.SKLENS Notary 4'ubuc,State of Illinois My Commission Expires MOM Donna D. Sklens.Notary Public I, James A.Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in lull force and effect. IN WITNESS WHEREOF.I have set my hand and affixed the seals of the Companies this /day of .'0 I0 -- )4'/17)44. lames A Carpenm r vice i i,,'dent&Assisiantsecremn of Waillnmsoll lmcmm,wn,9 lii,,,mice Company& .Noah American speoialia Insolence Commas, i MEMORANDUM Wi`De TO: DATE: Board 2010 of County Commissioners COLORADOApr � f FROM: Michelle Martin SUBJECT: SPR-428 The Department of Planning Services received a Performance Bond for SPR-428. SPR-428 was conditional approved by the Weld County Department of Planning Services on February 24, 2009 for a Site Plan for sand blasting, paint booth, outdoor storage, parking of equipment, and fabrication of material. Legal: Lot 8 Block 2 of Amended Rademacher Subdivision being part of NW4 of Section 23, Township 3 North, Range 68 West of the 6th P.M. Weld County, Colorado Parcel No.: 1207 23 2030008 The collateral for the Improvements Agreement is in the amount of$271,161.00 for on-site improvements. After review of the collateral by the Weld County Attorney, the Department of Public Works and Department of Planning Services, it has been determined that the amount of the agreement will be sufficient to complete the on-site improvements required for SPR-428. a MEMORANDUM Kik ,4,- TO: Michelle Martin, Planning Services DATE: 4/29/2010 FROM: Richard Hastin Hastings, Public Works Department COLORADO g SUBJECT: Approve Improvements Agreement and Accept Collateral For: HOAD, Inc.—(SPR-428) Request for Approval of Improvements Agreement: The Department of Planning Services and the Department of Public Works received a request from the applicant, Matt Goodrich, requesting that the Board of County Commissioners consider approving the Improvements Agreement for the sand blasting, paint booth, outdoor storage, parking of equipment, and fabrication of material facility (SPR-428), located on Lot 8 Block 2 of Amended Rademacher Subdivision. 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 (ON-SITE), 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 Planning Services and the Department of Public Works received a request from the applicant, Matt Goodrich, requesting that the Board of County Commissioners consider accepting collateral in the amount of$271,161.00 Recommendation: The Department of Public Works is recommending approval of the Improvements Agreement According To Policy Regarding Collateral For Improvements and the acceptance of collateral, in the amount of$271,161.00 for HOAD, Inc.-(SPR-428). C:\Documents and Settings\mmartin\Local Settings\Temporary Internet Files\Content.Outlook\PJB0GSW0\Approve IA Accept Collateral(SPR- 428)HOAD Inc-MEMO.docx Best's Credit Rating Center -Company Information for North American Specialty Insurance Co Page 1 of Ratings & Analysis Center United States Asia Pacific : Canada Europe North American Specialty Insurance Co Print this page Ratings&Analysis W » Home (a member of Swiss Reinsurance Company Ltd) »Bests Credit Ratings+ A.M.Best#:001866 NAIC#:29874 FEIN#: This rating is „. »Financial Strength 020311919 assigned to %sear Ratings—Insurer companies k, » Issuer Credit Ratings Address:650 Elm Street that have,in »Debt Ratings Manchester,NH 03101-2524 I our opinion,an excellent ability to meet »Financial Strength 1 their ongoing obligations to Ratings—Bank UNITED STATES 'policyholders. »Advanced Search (u�3-(D'/5/-6600 »About Best's Credit Ratings+ Phone.603-644-6600 »Get a Credit Rating+ Fax:603-644-6613 »Best's Special Reports Web:www.swissre corn »Add Best's Credit Ratings Search To Your Site Best's Ratings » BestMark for Secure-Rated Insurers Financial Strength Ratings View Definitions Issuer Credit Ratings View Definitions » Contact an Analyst Rating:A (Excellent) Long-Term: a+ News& Research Affiliation Code: g (Group) Outlook:Stable Products&Services Financial Size Category: XV($2 Billion or Action:Affirmed Industry Information • greater) Date: December 14, 2009 Corporate v Outlook: Stable Action: Affirmed Support& Resources * Effective Date: December 14, 2009 Conferences and Events • `Denotes Under Review Ratings. 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