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.
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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
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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
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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.
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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
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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
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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
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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.
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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.
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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.
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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-)
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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
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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.
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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
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Products&Services Financial Size Category: XV($2 Billion or Action:Affirmed
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