HomeMy WebLinkAbout20093068.tiffRESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR SITE PLAN REVIEW, SPR #427 - COLORADO SWEET GOLD /
LAFARGE WEST 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 10, 2009, the Department of Planning Services staff approved Site
Plan Review, SPR #427, for Colorado Sweet Gold, 8714 State Highway 60, Johnstown, Colorado
80534, do Lafarge West, Inc., 10170 Church Ranch Way, Suite 200, Westminster, Colorado 80021,
for four (4) Asphalt Cement (AC) storage tanks (40 inches tall by 100 feet in diameter) with two (2)
heater units and a modular office building on the following described real estate, to -wit:
Part of the N1/2 of Section 9, Township 4 North,
Range 67 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 among the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, Lafarge West, Inc., and Colorado Sweet Gold, with terms and conditions being as stated in
said agreement, and
WHEREAS, the Board has been presented with Surety Bond #6633246 from Safeco
Insurance Company of America, 1001 4th Avenue, Suite 1700, Seattle, Washington 98154, in the
amount of $180,000.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Surety 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 among the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, Lafarge West, Inc., and Colorado Sweet Gold, be, and hereby is,
approved.
BE IT FURTHER RESOLVED that Surety Bond #6633246 from Safeco Insurance Company
of America, 1001 4th Avenue, Suite 1700, Seattle, Washington 98154, in the amount of
$180,000.00, be and hereby is, accepted.
2009-3068
L PL2039
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IMPROVEMENTS AGREEMENT - COLORADO SWEET GOLD / LAFARGE WEST INC.,
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 23rd day of November, A.D., 2009.
ATTEST:
Weld County Clerk to the Bo fi' l
BY:
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othe Board
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Date of signature
David E. Long
BOARD OF COUNTY COMMISSIONERS
WELD COU ,TY, COLORADO
am F. Garcia •air
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EXCUSED
Sea j P. Conway
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2009-3068
PL2039
723
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Colorado Sweet Gold — SPR-427
THIS AGREEMENT, made and entered into thisc213111day of A.t up, apt , xl1,
by and between the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter called "County," Lafarge West, Inc., hereinafter called "Lafarge", and
Colorado Sweet Gold, hereinafter called "Property Owner."
WITNESSETH:
WHEREAS, Property Owner is the owner of and Lafarge is the lessee of the following
described property in the County of Weld, Colorado:
Part of the N2 of Section 9, Township 4 North,
Range 67 West of the 6th P.M., Weld County,
Colorado, being more particularly described as follows:
Commencing at the Northwest corner of said Sections 9 whence the
Northeast corner of said Section 9 bears South 89°09'47" East, said line
forming the Basis of Bearings for this legal description; thence along the
North line of said Section 9 South 89°09'47" East 1957.72 feet; thence
South 00°50'13" West 530.00 feet to the Point of Beginning; thence
South 89°09'47" East 633.60 feet; thence South 00°50'13" West 550.00
feet; thence North 89°09'47" West 633.60 feet; thence North 00°50'13"
East 550.00 feet to the Point of Beginning, containing 8.000 acres more
or less,
hereinafter referred to as "the Property," and
WHEREAS, Property Owner and Lafarge have acquired land use permits from County for an
Asphaltic Cement Storage Tanks and office area on approximately 8 acres on the above described
real property, and the County is currently in the process of considering an Application for a Site
Plan Review filed by Lafarge for the Property (SPR-427), and
WHEREAS, County acknowledges that pursuant to the Lease Agreement executed by the parties,
Lafarge shall use the property for the construction and operation of industrial facilities related to
the core business of Lafarge, defined under the Lease Agreement as ready -mix concrete, asphalt,
road paving, etc., in the highway development and construction industry, and
WHEREAS, Property Owner acknowledges that while Lafarge may be primarily responsible for
complying with the terms and conditions of this Agreement and the conditions of SPR-427, in the
event of non-compliance by Lafarge, the property may become subject to various judicial
restrictions and possible liens, and
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WHEREAS, the Property Owner and Lafarge acknowledge that the issuance of SPR-427 is
conditional upon Lafarge's performance of the on -site and off -site improvements which are
described in this Agreement and depicted in a set of plans provided by Lafarge (hereinafter referred
to as "Plans"), a copy of which is attached to this Agreement and made a part hereof, and
WHEREAS, Property Owner and Lafarge acknowledge that neither may engage in any activity
related to the businesses described above until said improvements have been completed, and
WHEREAS, the parties agree that neither Property Owner nor Lafarge shall be required to
commence work on the on -site or off -site improvements, nor to provide collateral for said
improvements until Lafarge submits an application for grading or for a Right -Of -Way permit for
construction of accesses.
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:
1.0 State Highway (SH) 60: The safety improvements shall include: construction of
adequate asphalt paved turning radii (60) feet at the main entrance onto SH 60, drainage and
signage installations, as indicated on the approved construction Plans. The main entrance
improvements will include; #1 -asphalt paving a minimum of (300 x 24) feet into the site from SH
60 or #2 -asphalt paving a minimum of (100 x 24) feet into the site from SH 60 and construct a
double cattle guard set (one right after the other), in the exit portion of the roadway, to ensure a
complete revolution of the truck tires.
2.0 Road Improvements Responsibilities: Property Owner and/or Lafarge is solely
responsible for all designated improvements on SH 60, and for any construction improvements
mandated by the Colorado Department of Transportation (hereinafter "CDOT"), and for all
expenses associated therewith. These responsibilities include, but are not limited to the following:
utility locates; right-of-way clearances and permits; coordination with oil and gas operators and
facilities, affected railroad facilities and affected irrigation facilities; traffic control; and project
safety during construction. Property Owner shall obey all applicable regulations issued by the
Occupational Safety and Health Administration (hereinafter "OSHA"), CDOT, Colorado
Department of Public Health and Environment, (hereinafter "CDPHE") and other regulatory
agencies.
3.0 Engineering Design and Construction Plans: All engineering designs and
construction plans provided by Property Owner shall include, at a minimum, ingress/egress
entrance intersection layouts, existing and proposed grading, drainage designs, storm drainage pipe
sizings and inverts, a cross section of the base/asphalt, approach roads, and adequate turning radii,
and pavement markings. In addition a geotechnical asphalt pavement design to accommodate heavy
truck traffic, prepared by a Professional Engineer licensed to practice in Colorado, is required for
SH 60. These plans, when reviewed and accepted by the Weld County Engineer, shall be a part of
the Plans, which are a part of this Agreement. For all construction in the County right-of-way,
prior to the issuance of any access permit or right-of-way permit, a construction schedule giving
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times and locations of all proposed improvements shall be provided to Public Works for review and
acceptance.
4.0 Construction Standards: All construction and materials controls for a project shall
conform to the requirements in effect as the time of the completion of the improvements set forth in
the "Standard Specifications for Road and Bridge Construction" provided by CDOT.
5.0 Traffic Control: Prior to the construction in the County right-of-way and as a
condition of issuance of any access permit or right-of-way permit, the applicant shall submit a
traffic control plan for County review. During construction, signage shall be posted in accordance
with the then current version of the "Manual of Uniform Traffic Control Devices".
6.0 Off -Site Dust Control: County will determine the proportionate share of dust
control and/or paving costs to be paid by Property Owner based upon then current truck trip counts
that identify traffic loading due to Property Owner -sourced traffic. The amount and extent of dust
control and paving measures will be determined by site -specific conditions at the time, as
determined exclusively by County personnel.
In order to accurately determine percentage of Property Owner haul truck traffic, the County
reserves the right to install traffic counters on the driveway(s) of their facility. The percentage of
haul truck traffic utilizing County roads in the vicinity of the site attributable to Property Owner (or
their contractors, clients, tenants, or customers) activities will be determined by traffic counts
conducted by the County on the primary and requested alternate or revised haul routes. The
County will have sole responsibility for determination of the percentage of truck traffic on all
affected roads.
7.0 Future Improvements: Future improvements to the haul route(s) designated in this
Agreement may be required by County for reasons related to: changes in site activity or truck
circulation patterns and numbers, roadway classification changes, and newly permitted facilities
affecting the haul route traffic usage. Lafarge shall address all Colorado Department of
Transportation (CDOT) access issues associated with afore -mentioned haul route. Future CDOT or
County mandated measures may include improvements to the following intersections: WCR 19 and
State Highway 60, WCR 17 and State Highway 60, WCR 17 and WCR 46.5, and WCR 19 and
WCR 46.5. Lafarge shall pay a proportionate cost share based on the number of truck trips using
then current data on the haul route in the implementation of the above -mentioned improvements.
County personnel alone shall make all determinations regarding the gathering of and use of traffic
data when making decisions regarding cost sharing.
8.0 Timing of Improvements: Property Owner shall not be required to complete the
aforementioned offsite improvements until the occurrence of the triggering event for each
improvement, namely the application for the grading permit or Right -Of -Way access permit
resulting from the commencement of activities on the property(s). At that time, Property Owner
agrees that all on -site and offsite improvements shall be completed within the parameters
established in Section E.-7.2 and Exhibit B, herein.
B. Haul Routes:
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1.0 Established Haul Routes:
a. Exiting the site: Haul trucks shall enter or exit the site via the proposed access,
directly onto State Highway 60 to disperse either east or west.
b. No haul truck may exceed CDOT required specifications for pounds per axle.
c. In unusual or rare occasions, if particular projects mandate deviation from the
above -mentioned haul route for a limited period of time (which is defined in this
Agreement as a period of not more than thirty days), which shall be established by
County at the time that the deviation is allowed. If County approves such deviation,
trucks will utilize paved county roads whenever possible. A deviation from the
established Haul route lasting more than thirty (30) days or requests for two or more
deviations within a twelve month period shall be subject to the terms of Paragraph
4.0 of this Section B.
2.0 Haul Route Signage: Property Owner shall install haul route signs at all exit points
of the Property which can be clearly seen by drivers leaving the facility and which clearly depict
County approved haul routes.
3.0 No deviation from Permitted Haul Routes: No deviation in the use of any roads
other than those specifically authorized for use in this Agreement is permitted without the prior
written amendment of this Agreement.
4.0 Effect of Future Changes to Haul Routes: In the event that County is requested by
Property Owner or Lafarge to approve the use of an additional access, new haul route, or an
alternative haul route as a result of a change in Lafarge site activities and/or truck circulation
patterns, and if the alternative or additional access or haul route utilizes any unpaved portion of
County roads, and if County determines that dust control or paving is required on the unpaved
portion of said haul route roads, Lafarge agrees that dust control or paving measures to protect the
public health, safety, and welfare shall be instituted.
County will determine the proportionate share of dust control and/or paving costs to be paid by
Lafarge based upon then current truck trip counts that identify traffic loading due to Lafarge -
sourced traffic. The amount and extent of dust control and paving measures will be determined by
site -specific conditions at the time, as determined exclusively by County personnel.
C. Road Maintenance Requirements:
1.0 Obligation to Maintain Current and Future Haul Routes: Lafarge agrees to excavate,
repair, or patch any damage on current or future haul route roads, which in the sole opinion of
County has been created by heavy truck hauling from the Property. Should Lafarge's site activities
and/or should Lafarge's truck circulation patterns change in the future so that County approves an
alternate haul route, and all or a significant portion of Lafarge's sourced traffic no longer utilizes
the above -described haul route and instead utilizes other portions of County roads, Lafarge shall
cooperate with County in maintenance of said roads. The type and method of repair will be
determined by the County Engineer or his representative, and shall require a written amendment to
this Agreement executed by County, Lafarge and Property Owner. All repairs shall commence
within thirty (30) days of receipt of Weld County's written notice.
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2.0 Annual Road Inspection: County will conduct a road inspection annually with the
cooperation of Lafarge, and all other Property Owners and/or Lessees who are required by County
to participate in road improvement/maintenance agreements. As a result of the annual inspection,
County, in its sole discretion, shall determine actual conditions and shall further determine what
road improvement/maintenance work is to be performed during that construction season.
3.0 Future Road Replacement: At any time in the future, if, in the opinion of County,
road damage increases beyond the point that repair of damage cannot maintain the road in a safe
and usable condition, Lafarge shall pay a proportionate cost of a complete restoration based on the
number of then current truck trips on the haul route.
4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners: It is
anticipated that Lafarge and other Property Owners and/or Lessees subject to agreements similar to
this Agreement will perform the required road maintenance work and will share in expenses related
to the equipment, labor, and materials required. Any such sharing arrangement between Lafarge,
and other Property Owners and/or Lessees shall be conducted pursuant to separate agreements
between Lafarge and other Property Owners and/or Lessees. County approval of said Agreements
shall be required only to determine whether the required improvements/maintenance projects have
been adequately addressed. County alone shall determine the sufficiency of all road
improvement/maintenance projects when completed.
5.0 Violation of Terms of Agreement: If Lafarge does not perform as outlined in this
Agreement and accepted construction plans, such non-performance shall constitute a violation of
any and all land use permits granted by County to Property Owner and/or to Lafarge for the
property described herein, and County will take whatever remedial measures it deems necessary,
against Lafarge and/or Property Owner. In addition to any other remedy available to the County in
law or equity, a failure to comply with this Agreement shall be considered grounds for revocation
of SPR-427 as it now exists or may, from time to time, be amended in accordance with the
procedures of the Weld County Code.
D. On -Site Improvements:
1.0 Landscaping and Fencing Requirements: Lafarge shall landscape and/or maintain
the landscaping and re -seeding of the property where applicable as shown on the accepted
construction plans and site plan drawings. Specifically, Lafarge 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 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 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: Lafarge shall, at its own expense,
grade and/or pave specified roadways and parking areas, and install accepted drainage facilities, in
the interior portion of the property in accordance with the directives of the Weld County
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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. Lafarge and/or Property Owner shall be responsible for
all maintenance of the improvements. Refer to Section A., paragraph 1.0 of this agreement for
specific paving requirements extending into the facility site from SH 60. Additional infrastructure
improvements will be addressed at the time of application for an amended USR. 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.
3.0 Timing of Improvements: Lafarge 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. 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, Lafarge 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: Lafarge 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.
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 Lafarge 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, Lafarge and/or Property
Owner shall acquire, at the sole expense of Lafarge and/or Property Owner, good and sufficient
rights -of -way and easements on all lands and facilities traversed by the proposed improvements.
All such rights -of -way and easements used for the construction of roads to be accepted by the
County shall be conveyed to the County and the documents of conveyance shall be furnished to the
County for recording.
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3.0 Construction: Lafarge shall furnish and install, at its own expense, the improvements
identified on the accepted construction plans, costs listed on Exhibit "A", and described in parts A
and D of this agreement, which are attached hereto and/or incorporated herein by reference, with
the improvements interior to the Property being completed by the dates set forth on Exhibit "B"
(On -site), and improvements to public rights -of -way or easements being completed also in
accordance with the schedule set forth in Exhibit "B" (Off -site). The Board of County
Commissioners, at its option, may grant an extension of the time of completion stated herein upon
application by Lafarge and 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 Lafarge 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
Lafarge'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 the expense of Lafarge and/or Property Owner.
3.4 Said SPR 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 Lafarge and the
Property Owner subject to the terms of Section 6 herein.
4.0 Release of Liability: Lafarge and 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, 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 Road Improvements: Lafarge shall warranty all improvements to public
rights -of -way, including all privately created and maintained roads or rights -of -way, or easements
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for a period of two (2) years. 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 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 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, Lafarge.
6.3 Upon completion of the construction of improvements within the SPR and
required offsite improvements, and the filing of a Statement of Substantial
Compliance, the Applicant 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 acceptance,
the County Engineer shall, upon request by the applicant, inspect the subject
improvements, and notify Lafarge (the Applicant) of any deficiencies. The
County Engineer shall reinspect the improvements after notification from
Lafarge that any deficiencies have been corrected. If the County Engineer
finds that the improvements are constructed according to County standards,
he or she shall recommend full acceptance. Upon a receipt of a positive
unqualified written recommendation from the County Engineer for
acceptance of improvements within the SPR, the Board of County
Commissioners shall fully accept said improvements as public but with
private pay.
7.0 General Requirements for Collateral:
7.1 County requires Lafarge to provide collateral to guaranty all of Lafarge's
obligations under this Agreement: (1) Completion of all improvements
described in this Agreement; (2) Warranty collateral required for all road
improvements; and (3) Road maintenance.
7.2 Collateral submitted to Weld County to guarantee completion of the
improvements indentified 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 Section
A. ,1.0 of this Agreement that include only improvements involving turning
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radii and approaches can be included as part of the On -site collateral amount,
if clearly delineated on accepted construction plans and differentiated 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 two (2) years following its written acceptance of the
improvement(s).
7.4 Road maintenance collateral shall be submitted to County upon the approval
of this Agreement by the Board of County Commissioners. The amount of
the collateral required for road maintenance shall be established by the Weld
County Department of Public Works based upon its determination of the
anticipated expenses, and its determination of the amount shall be final.
Road maintenance collateral shall be held by County as long as this
Agreement is in effect. Road maintenance collateral shall not be used for
repairs to improvements that immediately access the facility, such as
acceleration and deceleration lanes at the entrance. These types of repairs
will be the responsibility of the Property Owner or lessee, and performed as
directed by the Weld County Department of Public Works. If any of this
collateral shall be collected by County, Lafarge shall replace the amount
within six (6) months.
7.5 Road Maintenance collateral shall be adjusted annually on the anniversary
date of this Agreement for inflation. The First adjustment shall be made on
the first anniversary date of this Agreement. The adjustment shall be equal to
the lesser of two percent (2%) or the inflation rate based on the "Colorado
Construction Cost Index Report" as published by the Colorado Department
of Transportation.
7.6 Acceptable collateral shall be submitted at least six (6) months prior to
commencement of Site Preparation, as herein defined. No grading or
building permits shall be issued for sand and gravel mining or processing
operations improvements on the property and no Site Preparation shall
commence until cost estimates for the improvements are updated and
collateral is provided in the amount of One -Hundred percent (100%) of the
value of the improvements to be completed, and the development plans are
revised to comply with all current County standards, policies and regulations.
The improvements shall be completed within the time schedule set forth in
Exhibit "B" 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 sec that the improvements are made. "Site
Preparation" shall mean earthwork grading or performance of work, or
M:AAGREEMENTS Road-ImprovA 0 9ACol ado Sv. t God (SPR427vSPR-427 Colorado Sweet Gold -IA (Io-2-09)Flnal.docx
Page 9 of 12
1111111111111111111111111111111111111111111111111111111
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construction or installation of improvements related to Applicant's planned
sand and gravel mining and processing and related operations pursuant to
SPR-427 that require a grading or building permit from the County pursuant
to the Weld County Code.
7.7 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 COMMISIIONERS OF WELD COUNTY, COLORADO). A
copy of said form shall be provided to Applicant upon request.
7.8 Collateral may be in the form of a 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.
7.9 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.
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, Lafarge and/or 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 approved plans and specifications documenting the following:
8.1 The Engineer or his representative has made regular on -site inspections
during the course of construction and the construction plans utilized are the
same as those accepted by Weld County.
8.2 For the improvements to public rights -of -way or easements, test results must
be submitted for all phases of this project as per Colorado Department of
Transportation (CDOT) Schedule for minimum materials sampling, testing
and inspections found in CDOT Materials Manual.
8.3 "As -built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project "as -built"
is in substantial compliance with the plans and specifications as approved, or
that any material deviations have received prior written acceptance from the
County Engineer.
MlAACREEMENTS\Road- provA2009AColorado Swe d Gold (SPR-427)vSPR-427 Colorado Sweet Gold -In (102-09)F;oaldoes
Page 0of12
I 1111 11111 111111 111111 11111 III 1111111111
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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 Following the submittal of the Statement of Substantial Compliance and
written recommendation of acceptance of the improvements by the County,
Lafarge (and/or the Property Owner, if Property Owner has supplied any or
all of the collateral) 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.
8.6 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.
Warranty Collateral shall be maintained as long as the SPR is active and
shall be increased in amount by 2% per year in order to cover inflationary
cost adjustments. On or before each anniversary date of this Agreement,
Applicant shall provide County with the new or additional collateral.
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 Lafarge or Colorado Sweet Gold, LLC 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 Lafarge or Property
Owner (or either of their 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 Lafarge and 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. Violation of Terms of Agreement: If in County's opinion, Lafarge and/or Property
Owner has violated any of the terms of this Agreement, County shall notify Lafarge and/or
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. Lafarge and/or 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
M \AGREEMEN"S\Ro- d -Imp ovA2009AColor do Swee Gold (SPR-427)\SPR- 427 Colorado Sweet Gold -IA (/o-2-09)FMal . docx
P ge l loll
I Hill "III IIIIII IIIIII VIII III NB III IIIIII III IIII
3666723 12/23/2009 10:54A Weld County, CO
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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. Violations of the terms of this Agreement
include violations of the agreements contemplated by Paragraphs C. 4.0 & C. 5.0 of this
Agreement, and a failure to enter into such Agreements in a timely manner.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the Sgt above written.
Subscribed and sworn to before
day of ctZ s .c, , &Li/.
Subscribed and sworn to before
this 72,v.) day of C),
ATTEST:
Weld County Clerk to
BY:
Deputy C to the
APPROVED AS TO FORM:
PROPE
OWNER:
o Sweet . d
By, _Bill )1/ , Manager
C
LESSEE:
La arge West, Inc.
By, FRAM i- /114Yr eq.D I p; ceccr 4 -0R -t"
me by Bill Wyatt, Manager of Co oyado Sweet Gold, this Ow
me by fra1)k Napa U ,Ai&o t r.1 (rf(D of Lafarge West, Inc.,
" ) ci ,., )oWnwInn/f�q
C1:'.v'd�E�! c, L. ��Lc pit., n.� � 7,;c,\>......'�P s. sTRa '',;
iKA.kf Li�v t4.-sto>I typ,i:.tl! ...........'SF
7Z
/ ,. O A R y '. u
BOARD OF COUNTY COMMISSIONERS: (J -O PUB��G C
WELD COUNTY, CO RADO = d;:vi'....
x. '% 9r„.... ...... ... 93-
William F. Garcia, Chair
N0V 2 :3 2009
MAAGREEMENFS Road Impmv12009 Colorado Sweet God (SPR-427)\SPR- 427 Colorado Sweet Gold -IA (10-2-09)Final.docx
Page 12 of 12
1111111111 111111 111111 11111III 1111111 III 111111 III IIII
3666723 12/23/2009 10:54A Weld County, CO
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EXHIBIT A - Cost Sheet (ON -SITE)
Name of Subdivision, I'UD, USR, RE, SPR: SPR-427
Filing/Case #:
Location:
Personnel Contact: Name Kevin Garcia, Lafarge Title:Regional Manufacturing Performance Manager Phone: 303-657-4455
Lnendina to be legally boundthe undersigned Applicant hereby agrees to provide throughout this lacetify the following improvement(.
Improvements
blank they do
(ON -SITE)
(Leave spaces where not apply)
Quantity
Units
Unit Costs ($1
Estimated Construction
Cost (s)
Site Grading
18750
CY
$2.50
546,875.00
Street Grading
7500
SY
$2.00
$15,000.00
Street Base (Class 6)
2500
CY
$20.00
550,000.00
Street Paving (concrete pad, asphalt track)
I
LS
$25,000.00
$25,000.00
Curbs, Gutters, and Culverts
50.00
Sidewalk
$0.00
Stormwater/Drainage Facilities (14"&23" cup)
180
LF
$45.00
$8,100.00
Retention / Detention Ponds
I
LS
$10,000.00
$10,000.00
Road Culvert
50.00
Grass Lined Swale
50.00
Ditch Improvements
$0.00
Subsurface Drainage
$0.00
Sanitary Sewers/Sewage Facilities
$0.00
Sanitary Sewer Forced Main
$0.00
Erosion Control Measures/BMP's
I
LS
$8,000.00
$8,000.00
Laterals (house or building connected)
$0.00
Water Supply and Storage
50.00
Water Mains (includes bore)
$0.00
Fire Hydrants
50.00
Survey, Street Monuments/Boxes
$0.00
Parking Arca
50.00
Street Lighting
50.00
Street Names
$0.00
Signage & Pavement Marking
$0.00
Fencing Requirements
$0.00
Landscaping
$0.00
Park Improvements
$0.00
Telephone
$0.00
Gas
$0.00
Electric
$0.00
Water Transfer
$0.00
SUR-TOTAL:
$162,975.00
Engineering and Supervision Costs: $16,297.50
(Testing, inspection, as -built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION:
11111 111111 1111 III 1111111
3666723 12/23/2009 10:54A Weld County, CO
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$179,272.50
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 shah 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
By
By:
-ank Mayfield
Applicant
Director of Operations, Lafarge West, Inc.
Title
Applicant
Title
Date /0 ' 22 , 20 O9
Date , 20
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
1111111 IIIII IIIIII IIIIII IIIII III 1111111111 11111 111 1111
3666723 12/23/2009 10:54A Weld County, CO
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P:\23511\133-23511-08007\Deliverables\Improvements Agreement \Exh A on-site.xls
EXHIBIT B - 'l'ime Schedule (ON -SITE) & (OFF -SITE)
Name of Subdivision, PUB, ISR, HE, SPR: SPR-427 Filing/Case #: location:
Intending to be legally bound, the undersigned applicant hereby agrees to provide throughout this facility the following improvements.
All improvements shall be completed within 3 years from the date of approval of the final plat with the right to request 1 year extensions.
Construction of the umprovements listed in Exhibit A shall be completed as follows:
Improvements
,(Leave spaces blank where they do not apply)
Time Schedule
j9FF-SITE2
Site Grading
prior to operations
Street Grading
prior to operations
Street Base
prior to operations
Street Paving
prior to operations
Curbs, Gutters, and Culverts
Sidewalk
Stormwater/Drainage Facilities
prior to operations
Retention / Detention Ponds
prior to operations
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Sanitary Sewers/Sewage Facilities
Sanitary Sewer Forced Main
Erosion Control Measures/BM P's
during construction
Laterals (house or building connected)
Water Supply and Storage
Water Mains (includes bore)
Fire Hydrants
Survey, Street Monuments/Boxes
Parking Area
prior to operations
Street Lighting
Street Names
Signage & Pavement Marking
Fencing Requirements
Landscaping
Park Improvements
Telephone
Gas
Electric
Water Transfer
Final Completion Date for Entire Protect
IIII111111111111111111111111111III1IIIIIIII1I
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EXHIBIT B - Time Schedule- Signature Page
The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion
for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot
be met.
By
rank Mayfield
Applicant
Director of Operations, Lafarge West, he.
Title
By:
Applicant
Title
Date J Li • 22- , 20
Date 20
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
1111111111111111111111111111III1111111III111111III1111
3666723 12/23/2009 10:54A Weld County, CO
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P:\23511\133-23511-08007\Deliverables\Improvements Agreement\Exh B Time Schedule.xls
COLORADO
TO:
DATE:
FROM:
SUBJECT:
MEMORANDUM
Board of County Commissioners
November 23, 2009
Kim Ogle, Planning Manager
Acceptance of Surety Bond No. 5014
Safeco Insurance Company of America
Frank Mayfield, Director of Operations
for Lafarge North America, Inc.
Site Plan Review 427 (SPR-427)
The Department of Planning Services' is in receipt of a Surety Bond, Number 5014 on behalf of
Lafarge North America, Inc. for site improvements for the Colorado Sweet Gold — SPR 427 site
improvements located in part of the N2 of Section 9, T4N, Range 67 West of the 6th P.M., Weld
County, Colorado, in the amount of one hundred eighty thousand (180,000.00) and 00/ 100s dollars.
Items covered under this Surety Bond include:
Site Grading
Street Grading
Street Base
Street Paving
Stormwater/ Drainage Facilities
Retention/ Detention Facilities
Erosion Control Measures/ BMPs
Engineering and Supervision
Prior to Operations
Prior to Operations
Prior to Operations
Prior to Operations
Prior to Operations
Prior to Operations
Prior to Construction
$ 46,875.00 dollars
15,000.00 dollars
50,000.00 dollars
25,000.00 dollars
8,100.00 dollars
10,000.00 dollars
8,000.00 dollars
16,297.50 dollars
Total Estimated Cost for improvements 180,000.00 dollars
The Weld County Attorney finds the Agreement is in the appropriate form; the Department of Public
Works and the Department of Planning Services, have determined that the amount of the
agreement will be sufficient to complete the work required for the Lafarge North American AC
Storage Tank Facility located in part of the N2 of Section 9, T4N, Range 67 West of the 6th P.M.,
Weld County, Colorado case number Site Plan Review 427. The Department of Planning Services'
recommends acceptance of this Surety Bond by the Board of County Commissioners.
2009-3068
Kim Ogle
From: Richard Hastings
Sent: Tuesday, November 17, 2009 11:51 AM
To: Kim Ogle
Cc: David Bauer; Don Dunker; Donald Carroll; Stephanie Arries
Subject: (SPR-427) LAFARGE NORTH AMERICA AC STORAGE FACILITY ACCEPTANCE
Attachments: SPR427 LAFARGE NORTH AMERICA AC FACILITY ACCEPTANCE.doc
Kim,
Public Works reviewed the signed agreement associated with the above -mentioned memo and
recommends acceptance of the agreement.
Thanks,
Rich Hastings
Weld County Public Works/Engineering Dept.
1111 H Street (Site Address)
P.O. Box 758 (Mailing Address)
Greeley, CO 80632-0758
Office:(970) 304-6496 EXT. 3727
Cell:(970) 381-3767
rhastings@co.weld.co.us
Original Message
From: Kim Ogle
Sent: Sunday, November 15, 2009 10:12 PM
To: Richard Hastings
Cc: Stephanie Arries
Subject: spr427 LAFARGE NORTH AMERICA AC STORAGE FACILITY ACCEPTANCE
COPY OF IA AND COLLATERAL WILL BE PROVIDED ON MONDAY. KIM
1
(---%
„to TETRA TECH
November 11, 2009
Mr. Kim Ogle
Weld County Planning Department
918 10th Street
Greeley, CO 80631
VIA: FedEX
RE: Scheduling of County Commissioners Hearing for SPR-427 Improvements
Agreement
Dear Mr. Ogle:
This is a formal request to schedule the SPR-427 Improvements Agreement for the
Monday, November 23, 2009 9:00 a.m. County Commissioners Hearing. Attached are
three originals of the Improvements Agreement; all three have been signed by
representatives from Colorado Sweet Gold, the Property Owner, and Lafarge West, Inc.,
the Lessee. Lafarge has asked that the County sign all three copies so that Colorado
Sweet Gold can have a signed original back, Lafarge can have a signed copy back and the
County can record the third copy. In addition, attached is a $180,000 bond to cover the
total estimated costs of improvements and supervision.
If you have any questions, I can be reached at 303-772-5282 or by e-mail at
pam.hora(?tetratcch.com. Also, please contact me to confirm that the hearing is
scheduled for November 23rd. Anne Best Johnson, AICP, Land Manager with Lafarge
will be in attendance at the hearing. Thank you for your consideration of this matter.
Sincerely,
TETRA TECH
Pamela Franch Hora, AICP
Senior Planner
cc: Anne Best Johnson, AICP, Lafarge West, Inc.
P:A23511A133-23511-08007AProjMgmtACorrespondenceALetter.,ARequest for IA Hearing doe
Bond No.6633246
KNOW ALL MEN BY THESE PRESENTS, that we LAFARGE NORTH AMERICA, INC.
(hereinafter called "Principal'), as Principal, and the
SAFECO INSURANCE COMPANY OF AMERICA a Corporation organized and existing under the
laws of the State of WA , and authorized to transact business in
the State of CO (hereinafter called "Surety"), as Surety are held
and firmly bound unto BOARD OF COUNTY COMMISSIONERS -COUNTY OF WELD
(hereinafter called "Obligee"), as Obligee, in the penal sun of
One Hundred Eighty Thousand and 00/100 Dollars ( $ 180,000.00 )
good and lawful money of the United States of America for the payment of which,
well and truly to be made, we bind ourselves, our heirs, administrators,
executors, successors and assigns, jointly and severally firmly by these
presents.
SEALED with our seals and dated this 23rd day of July 2009 •
WHEREAS, the above bounden Principal has agreed to certain
Site improvements for Colorado Sweet Gold-SPR247 (part of the N2 of Section 9, Twp. 4 North, Range 67 West of the
bm P.rvi., vein uounty, uu).
hereinafter to became a part of this bond.
NOW, THEREFORE, the condition of this obligation is such that if the
LAFARGE NORTH AMERICA, INC. shall well and faithfully construct the
said improvements in a good and workman -like manner and do and perform the things
agreed by it to be done and performed in accordance with said plans and letter,
or in default thereof shall indemnify BOARD OF COUNTY COMMISSIONERS -COUNTY OF WELD
against all loss cost or expense resulting from its
failure so to do, then this obligation shall be void, otherwise to regain in full
force and effect.
LAFARGE NORTH AMERICA INC
(Princi 1
BY:
t D
SAFEC@,INSURANCE COMPANY OF AMFRICA
(Suret
BY:
tc
Sandra E. Bronson Attorney -in -Fact
POWER
OF ATTORNEY
KNOW ALL BY THESE PRESENTS: No. 5014
Safeco Insurance Company of America
General Insurance Company of America
1001 4th Avenue
Suite 1700
Seattle, WA 99154
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
Washington corporation, does each hereby appoint
*SANDRA E. BRONSON; ROSEMARIE CAPONI; RICHARD A. JACOBUS; DENNIS C. LAUSIER; ELIZABETH MARRERO;
MAUREEN MCNEILL; WAYNE G. MCVAUGH; MARY C. O'LEARY; ADRIENNE SEAFORD; DOUGLAS R. WHEELER;
DARELLA E. WHITE; Philadelphia, Pennsylvania******************+*****«.******»**..*„k*****************t***,
its true and lawful attomey(s)-in-fad, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this 21st day of March 2009
VIA Ail
Dexter R. Legg, Secretary Timothy A. Mikolajewski, Vice President
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice
• President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking?
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(I) The provisions of Article V, Section 13 of the By -Laws, and
GO A copy of the power-of-attomey appointment, executed oursuanttheretorand _._ _ —_. . _
(iii) Certifying that said power -of -attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Dexter R. Legg , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY
OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these
corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the
Power of Attomey are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of;aid corporation
this
S-09741DS 5/09
VI^vk day of --JUAN( , 02,(707.
Dexter R. Legg, Secretary
WEB PDF
Vice -President
Liberty
Mutual.
SAFECO INSURANCE COMPANY OF AMERICA
FINANCIAL STATEMENT — DECEMBER 31, 2008
Assets
Cash and Bank Deposits S 267363,750
*Bonds —U.S Government 13,359,352
*Other Bonds............. ....... ........ . ...................... 2,3 53906395
*Stocks 281,831,749
Real Estate 0
Agents' Balances or Uncollected Premiums ................. 557,216,809
Accrued Interest and Rents 34,037,369
Other Admitted Assets 444,517,784
Total Admitted Assets .»»»».
c c 2.23. 105
Llnbllities
Unearned Premiums S 666,660985
Reserve for Claims and Claims Expense 1,577,767,462
Funds Held Under Reinsurance Treaties. ....... 430,979
Reserve for Dividends to Policyholders ......................... 2,164985
Additional Statutory Reserve........ ...... ...........
Reserve for Commissions, Taxes and
Other Liabilities .............................................. 93 5383360
Total. _ _ _ _»_ S3,128A07,771
Special Surplus Finds S 3399,995
Capital Stock5,000,000
Paid in Surplus 346.118,108
Unassigned Surplus 415307334
Surplus to Policyholders_ _.. 769326,437
Total Liabilities and Surplus
* Bonds are stated at amortized or investment value; Stocks at Association Market Values.
Securities carried at S113,984922 arc deposited as required by law.
Iv's, 7 iz,2t1Q
I, TIM MIKOLAJEWSKI, Vice -President of SAFECO Insurance Company of America, do hereby certify that the foregoing is a true, and
correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2O08, to the best of my knowledge and belief.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 1st day of
March, 2009.
-7-kill,a0-20ALLA.)-aQt_A
•
S -1252a 3'09
EFARGE
AGGREGATES
& CONCRETE
October 19, 2011
Trevor Jiricek, Director
Tom Parko, Planning Manager
Weld County Planning Services
1555 North 17th Ave
Greeley, CO 80631
RE: Notice of Transfer of Lafarge Permits and Request for Information on Collateral
Dear Trevor and Tom,
This letter serves as notice that Lafarge West, Inc. and certain of its affiliates ("Lafarge") are
transferring the below -referenced permits to Martin Marietta Materials, Inc. and certain of its affiliates
("Martin"). It is our understanding that the permits run with the land and a notice of the transfer is all
that is required. Martin's contact information is: Shelby Olsen, Director of Environmental Services and
Land Management at (210) 208-4270. Please place a note in your files of the transfer of the following
permits to Martin:
Colorado Sweet Gold SPR 427
Colorado Sweet Gold Road Improvements SPR 427
Colorado Sweet Gold State Highway Access Permit # 408138
Cottonwood BC 0101002 Building
Cottonwood PR 0130285 Building Employee Trailer
Cottonwood PR 0130208 Building Scalehouse
Cottonwood BC 0101003 Building
Cottonwood BC 0101003 Building
Cottonwood SP -0100168
Cottonwood USR 488/ AmUSR-488/ 2AmUSR-488 Special Use
Del Camino ( Heaton Reservoir) 1360 Specail Use Permit
Del Camino ( Heaton Reservoir) RE -4659 ( Recorded Exemption)
Duckworth M-2003-091 (I 12c)
Duckworth USR-1455 ( Special Use)
Duckworth FFIDP-404 Flood Hazard Development Conditionally
Duckworth 1313-16-I RE 3714
Greeley 35th M-1977-036 (112c)
Greeley 35th IVERSON USR 1179 Special Use
Greeley 35th USR 247, AmUSR 247, 2AMUSR 247
Greeley 35th Ave FHDP- 285 Flood Hazard Development Conditionally Approved
Greeley 35th MFGI 1-00015 Building Permit for QC Trailer
LAFARGE WEST. INC.
101070 Church Ranch Way, Suite 200
Westminster, CO 80021
(303) 657-4000 Main Line (303) 657-4037 Fax
Heaton USR 1 199 3rd Amended Special Use
Parson USR 1657 Special Use
Riverbend West/ Ft. Lupton Case Number FDHP-376 ( Flood Hazard Development)
Riverbend West USR 1259 AmUSR 1259 Resolution 2007-1095 Special Use
Riverbend West USR 695 Special Use
In addition, Lafarge may have posted a bond/collateral with Weld County for the aforementioned land
use permits. Please notify us immediately on the process of releasing Lafarge's collateral, if any, and
replacing it with Martin's collateral.
Lafarge will retain several permits that are in reclamation. It is a pleasure working with you and we
look forward to working with you in the future on these reclamation sites. Do not hesitate to contact
Lafarge with questions. You may call Anne Johnson at (303) 653-4101.
Sincerely,
Steven T. Brown, AICP, Director
Lafarge West, Inc. Land Department
Copy: Rich Hastings, Department of Public Works, 1111 H Street, Greeley CO 80631
LAFARGE WEST, INC.
101070 Church Ranch Way, Suite 200
Westminster, CO 80021
(303) 6574000 Main Line (303) 657-4037 Fax
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