HomeMy WebLinkAbout20090295.tiffRESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR AMENDED SITE PLAN REVIEW, AMSPR #290 - REALTY INCOME
CORPORATION, K AND C RV CENTERS, DBA CAMPING WORLD RV SUPERCENTER,
AND CWI, DBA CAMPING WORLD, 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 September 13, 2007, the Department of Planning Services approved
Amended Site Plan Review, AmSPR #290, for Realty Income Corporation, do Brent Moody, 650
three Springs Road, Bowling Green, Kentucky, 42102, for a 5,000 -square -foot retail sales area in
addition to an R.V. Maintenance and Service Center (Camping World) on the following described
real estate, to -wit:
Lot 14, Block 1 of Amended Rademacher Business
Park PUD; 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 between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and Realty Income Corporation, K and C RV Centers, LLC, dba Camping World RV
Supercenter, and CWI, dba Camping World, Inc., with terms and conditions being as stated in said
agreement, and
WHEREAS, the Board has been presented with check #731297 from National Supply Co,
dba Camping World, in the amount of $3,378.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said check as stated above, copies of which are attached hereto and incorporated herein
by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for
Improvements between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Realty Income Corporation, K and C RV Centers, LLC, dba
Camping World RV Supercenter, and CWI, dba Camping World, Inc., be, and hereby is, approved.
2009-0295
PL2005
IMPROVEMENTS AGREEMENT - REALTY INCOME CORPORATION, K AND C RV
CENTERS, DBA CAMPING WORLD RV SUPERCENTER, AND CWI, DBA CAMPING
WORLD, INC.
PAGE 2
BE IT FURTHER RESOLVED that check #731297 from National Supply Co., dba Camping
World, in the amount of $3,378.00, be and hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 4th day of February, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WELD C2UNTY,.COLQRADO
Weld County Clerk to the
De.uy Cle to the Board
APPROVE -6 AS TO y
unty Attorney
Date of signature.
arbara Kirkmeyer
EXCUSED
David E. Long
2009-0295
PL2005
917
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
THIS AGREEMENT, made and entered into this 4th day of Feb. 2009, by and between
the County of Weld, State of Colorado, acting through its Board of County Commissioners,
hereinafter called "County," and Realty Income Corporation, K & C RV Centers, LLC, d/b/a
Camping World RV Supercenter, and CWI, d/b/a Camping World, Inc., hereinafter called
"Property Owners."
WITNESSETH:
WHEREAS, Property Owner is the owner of, or has a controlling interest in the
following described property in the County of Weld, Colorado:
Lot 14, Block 1, Rademacher Business Park PUD, Weld County, Colorado, also known
by street and number as 4048 Camelot Circle, Longmont, Colorado 80504, "C-3
(Business Commercial and 1-3 Industrial) Zone District",
hereinafter referred to as "the Property," and
WHEREAS, the County is currently in the process of considering an Amended Site -Plan
Review, ("AmSPR") for the Property, and
WHEREAS, those improvements listed in the attached Exhibit "A" must be collateralized
and completed by the Property Owner.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein, the parties hereto promise, covenant and agree as follows:
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 listed on Exhibit "A," 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.
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
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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 to
include future rights -of -way as proposed by Weld County, 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 listed on Exhibit "A," which is attached hereto and incorporated
herein by reference, with the improvements interior to the Property being
completed by July 15, 2009. 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
approved 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
approved plans and specifications shall be removed and replaced to the
satisfaction of the County at Property Owner's expense.
3.4 Said AmSPR 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 shown on Exhibit "B" 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 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
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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 Off -Site Road Improvements: Not Applicable
6.0 Acceptance of Improvements by the County: Upon compliance with the
following procedures by the Applicant, the improvements shall be deemed
acceptable by the County.
6.1 If desired 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 on lots
for which the improvements detailed herein have been started but not
completed as shown on Exhibit "B," and may continue to issue building
permits so long as the progress of work on the AmSPR improvements in
that phase of the AmSPR 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 improvements within the AmSPR
and the filing of a Statement of Substantial Compliance, the applicant(s)
may request in writing that the County inspect the improvements and
recommend that the Board of County Commissioners partially approve
them. Not sooner than nine months after partial approval, a Weld County
Representative shall, upon request by the applicant, inspect the subject
improvements, and notify the applicant(s) of any deficiencies. The Weld
County Representative shall reinspect the improvements after notification
from the applicant(s) that any deficiencies have been corrected. If the
Weld County Representative finds that the improvements are constructed
according to County standards, he or she shall recommend full acceptance.
Upon a receipt of a positive unqualified recommendation from the Weld
County Representative for acceptance of improvements within the
AmSPR, the Board of County Commissioners shall fully approve said
improvements as public but with private pay.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County to guarantee
completion of the improvements listed in Exhibit "A," must be equivalent
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to One -Hundred percent (100%) of the value of the improvements as
shown in this Agreement.
7.2 Collateral, in a type deemed acceptable by Weld County, must be
submitted upon the approval of this Agreement by the Board of County
Commissioners.
7.3 Request for Release of Collateral: 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 that the project or a portion of
the project has been completed in substantial compliance with approved
plans and specifications documenting the following:
7.4 The Engineer or his representative has made regular on -site inspections
during the course of construction and the construction plans utilized are
the same as those approved by Weld County.
7.5 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.
7.6 "As -built" plans shall be submitted at the time the letter requesting release
of collateral is submitted. The Engineer shall certify that the project
"as -built" is in substantial compliance with the plans and specifications as
approved, or that any material deviations have received prior approval
from the County Engineer.
7.7 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.
7.8 Following the submittal of the Statement of Substantial Compliance and
recommendation of acceptance of the improvements for partial
maintenance by the County, 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.
7.9 For improvements to public rights -of -way or easements, the request for
release of 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. The warranty collateral shall be released to the Property
Owner upon final acceptance by the Board of County Commissioners.
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8.0 Successors and Assigns: 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, and shall be binding upon the successors in ownership of
said land.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
Subscribed and sworn to before me this
OFFICiAL SEAL
JENNIFER M. NAPIER
Cj( I PUBLIC LSTATE OF.ILLINOIS
My , ic,+ xE T. ai, 2011
PROPERTY
OWNER:
Re
on by
President
day of 1`jO 1'1U°}1J , Art
PROPERTY
OWNER:
rilL-
K & GRtr Centers, LLC, d16/a Camping
World RV SupercAnter. by
67)67-.41,( Vie tbridall , President
Subscribed and sworn to before me this �"' day ofi(\' L(11 �lJ , )CIM
( f'A.-
NIPIER
ATE ,P ILLINOIS
-. -c OT, 11. 2011
PROPERT
OWNER:
ri
CW /b/a"Camping orld, Inc., by
eyef41,0 Vic t , President
Subscribed and sworn to before me this k1�1 day of
OI`FIC;''. SEAL
I ENI.NNf4?rz ^A NAPIER
1111111 IIIII IIIIII IIII IIIIII IIIIII IIIII III IIIII IIII IIII
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ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY S LORADO
Weld County Clerk to the
4(1 itt/l(
BY: A 'Ca.(�
� � `�` '
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
7
i
Wi1"ia F. Garcia
FED 0 4 2009
111111 IIIIII 111111 11111 III IIIII IIII IIII
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, Chairman
&cc7-Q2 5
EXHIBIT A
Improvements
REALTY INCOME CORPORATION, K&C RV CENTERS, LLC, d/b/a CAMPING WORLD
RV SUPERCENTER, and CWI, d/b/a CAMPING WORLD, INC.,
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout
the area covered by the Amended Site Plan Review the following improvements and agrees to
provide the following as built plans.
Engineering Services:
1. Applicant has been approved for a permit from the State of Colorado to operate its wash
bays, (MINDI Permit) and must now submit to the Weld County Department of Public Works
as -built plans for the detention pond currently located on the property. The purpose of this is to
ensure that the detention pond has the capacity for the 100 -year developed storm event. In
addition, the as -built plans must reflect the maximum flow from the wash bay process water.
Collateral in the amount of Fifteen Hundred Dollars ($1500.00) shall be provided by Applicant
to ensure compliance with this requirement. In the event the as -built plans reflect a deficiency in
the size or structure of the detention pond, Applicant and Weld County Board of County
Commissioners will enter into an amended Improvements Agreement which will address how
Applicant will comply with the requirements of the Weld County Department of Public Works.
Improvements:
1. Applicant shall complete all screening requirements as reflected on the plat by the
planting of trees and/or placement of fences. Collateral, as reflected by the attached bid, in the
amount of Eightee Hundred and Seventy-eight Dollars ($1878.00) for the trees which must be
planted and 1_Dollars ($ ) for the remaining fencing which must be installed, shall be
provided by Applicant to ensure compliance with this requirement. This collateral reflects both
the cost of materials and/or shrubs and trees and labor costs for installation and/or planting.
TOTAL ESTIMATED COST OF PLANS AND IMPROVEMENTS: $3378.00
The above improvements shall be constructed in accordance with all County requirements and
specifications, and performance with this provision shall be determined solely by Weld County,
or its duly authorized agent.
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Said Improvements shall be completed according to the construction schedule set forth on
Exhibit "B".
By: A/�
Ap 1' nt,title ; ne./,4.f
REALTY INCOME CORPORATION
By:
AppltEant, title tAt-, ,4 d et /-cs2fi
K&C RV CENTERS, LLC,
d/b/a CAMPING W • RLD RV SUPERCENTER
By:
Appli
CW
///G/a/
Date
I// CM
Date
,/ /y07
Date
1 11111 11111 111111 1111 11111 111111 11111 III lilt 11111111
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EXHIBIT B
Schedule of Improvements
REALTY INCOME CORPORATION, K&C RV CENTERS, LLC, d/b/a CAMPING WORLD
RV SUPERCENTER, and CWT, d/b/a CAMPING WORLD, INC.,
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout
the area covered by the Amended Site Plan Review the following improvements and agrees to
provide the following as built plans.
Engineering Services:
1. The as -built plans for the detention pond referenced in Exhibit A shall be submitted to the
Weld County Department of Public Works on or before April 15, 2009.
Improvements:
1. All screening, including planting and fencing, shall be completed on or before July 15,
2009.
Weld 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 Applicant
that due to circumstances beyond the control of Applicant, the above schedule cannot be met.
By:
Applicn4, Title is
Y INCOME CORPORATION
By:
Applit,Title jerc, /c.
K& RV CENTERS, LLC,
d/b/a CAMPING WORLD RV SUPERCENTER
By:
711 _
Applicar itle Acera/uV,r Dat
CWI,
,x/61.9?
Date
/a CAMPING WORLD, INC.
4/307
1 111111 VIII 111111 MD 111111 Ilu M 11111 IM IlMI IIII IIF
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COLORADO
itkN;
MEMORANDUM
TO: Board of County Commissioners
DATE: January 23, 2009
FROM: Michelle Martin ,
SUBJECT: AMSPR-290
The Department of Planning Services received a check (check # 731297) for the Private
Improvements Agreement for AMSPR-290 (Site Plan Review for a 5,000 square foot retail sale
area in addition to an R.V. Maintenance and Service Center (Camping World)).
The collateral for the Improvements Agreement is in the amount of three thousand three
hundred seventy eight dollars ($3,378.00) 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 AMSPR-290.
2009-0295
Michelle Martin
From:
Sent:
To:
Cc:
Subject:
Michelle,
Don Dunker
Monday, January 26, 2009 9:28 AM
Michelle Martin
Don Dunker
RE:
The proposed collateral of $1,500 for an as -built survey to verify that the existing
detention pond has the correct pond volume for a 100-yr storm event plus the maximum wash
bay process water volume is adequate.
Thanks,
Don Dunker, P.E.
Weld County Public Works
Original Message
From: Michelle Martin
Sent: Monday, January 26, 2009 8:23 AM
To: Don Dunker
Subject:
Don,
Attached is a copy of the improvements agreement for camping world.
Michelle Martin
Planner II
4209 CR 24.5
Longmont, CO 80504
mmartin@co.weld.co.us
PHONE: (720) 652-4210 x 8730
FAX: (720) 652-4211
Please tell us how we're doing:
http://www.co.weld.co.us/departments/planning/comp_ improve_comments.cfm
1
HOLLAND & HART LLP
ATTORNEYS AT LAW
DENVER • ASPEN
BOULDER • COLORADO SPRINGS
DENVER TECH CENTER
BILLINGS • BOISE
CHEYENNE • JACKSON HOLE
LAS VEGAS • RENO • SALT LAKE CITY
SANTA FE • WASHINGTON, D.C.
SUITE 3200
555 SEVENTEENTH STREET
DENVER, COLORADO 80202-3979
MAILING ADDRESS
P. 0. BOX 8749
DENVER, COLORADO 80201-8749
January 22, 2009
Via Overnight Delivery
Ms. Michelle Martin
Weld County Planning Department
4209 CR 24.5
Longmont, CO 80504
TELEPHONE (303) 295-8000
FACSIMILE (303) 295-8261
Michael J. Carrigan
(303) 295-8314
(303) 975-5489 Fax
mcarrigan@hollandhart.com
Re: Original Copies of Improvements Agreement
Amspr-290
Dear Michelle:
Per your request, please find enclosed a copy of the Improvements Agreement
for the K&C RV property.
Based on your confirmation that all the fencing is in place, I have entered a "0"
for the amount of collateral needed for Exhibit A.
Please call me with any questions.
RespeOfully,
1
ichael IJ
of Hollan
Enclosure
cc. Stephanie Arries, Esq. (via email)
Brent Moody, Esq. (via email)
LI-P
Jan 13 09 10:27a Susan McGrew
970-568-7530
p.1
From: Aar XV Nursery Grown Trees
10816 N. County Rd_ 13
Wellington, CO 80549
(970) 568-7533
To: 1L Walter Consulting
(970)203-1147
Date: January 13, 2009
BID:
B&B Trees
8 Colorado Spruce, b' $11 bea $928
Delivery & planting by Wild Boar, Inc. S950
Total Bid- $1878.00
Stan & Susan McGrew
10816 N. Cr.uwy Road 13
Wellington, CO 80549
970-SA9-7533
enter!: Darxvece corn
Bar XV
Nursery Grown Trees
Tree Moving
landscape Architecture
Naturally Raised Beef
NATIONAL SUPPLY CO. D/B/A CAMPING WORLD
BOWLING GREEN, KY 42102
DATE: 2
0 -JAN -09
VENDOR NAME
WELD
•
BOARD
No. 731297
OF COMM' VENDOR NO. 10897
INVOICE NO
ST1-20-09
INVOICE DATE DESCRIPTION
20 -JAN -09
ESCROW TO WELD COUNTY FOR
CAMPING
WORLD
DISCOUNT AMOUNT NET AMOUNT
0.00
3,378.00
650 Three Springs Road
PO. Box 90018
Bowling Green, Kentucky 42102-9018
PLEASE DETACH AND RETAIN THIS STATEMENT AS YOUR RECORD OF PAYMENT.
PO. BOX%NHS • BOWLINGGREEN.KYan02 • / 7017812118
DIVISION UP CWUNC. U/B/A CAME! 0 WORLD
PAY
TO THE
ORDER
OF
UNION BANK OF
CALIFORNIA, N.A.
0.00 3 378 00
53-292
113
No. 731297
Three Thousand Three Hundred Seventy -Eight Dollars And 00 Cents***
WELD CO BOARD OF COMMISSIONERS 108973
CLERK
Attn: Michelle Martin, Planner II
4209 CR 24.5
LONGMONT, CO 80504
AUTHORIZED SIGNATURE
SECOND SIGNATURE NEEDED FOR AMOUNTS 4100.000.00 AND ABOVE
■73129711' ':0 Li 3029201: 908 100 1 233,'
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