HomeMy WebLinkAbout20090763.tiffRESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS AND AUTHORIZE CHAIR TO SIGN - COPART,
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, by Resolution dated March 30, 2005, the Board approved a Site Specific
Development Plan and Use by Special Review Permit #1493 for a Commercial Junkyard and
Salvage Yard in the 1-3 (Industrial) Zone District, for Stephen Brancucci, 3571 West 111th Drive,
Unit B, Westminster, Colorado 80031, on the following described real estate, to -wit:
Part of the NE1/4 SE1/4, and Lot B of
Recorded Exemption #3932; being
part of Section 30, Township 1 North,
Range 66 West of the 6th P.M., Weld
County, Colorado
WHEREAS, by Resolution dated September 13, 2006, the Board approved a Site Specific
Development Plan and Amended Use by Special Review Permit #1493 for a Use Permitted as a
Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone
Districts (commercial junkyard and salvage yard) in the 1-3 (Industrial) and A (Agricultural) Zone
Districts, for Copart, Inc./Stephen Brancucci, 4655 Business Center Drive, Fairfield, California
94534, c/o Glen Droegemueller, 1035 37th Avenue Court, Greeley, Colorado 80634, on the
following described real estate, to -wit:
Part of the NE1/4 SE1/4, and Lots A
and B of Recorded Exemption #3932;
being part of Section 30, Township 1
North, Range 66 West of the 6th
P.M., Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval in said Resolutions, 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 Copart, Inc., with terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
2009-0763
PL1769
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IMPROVEMENTS AGREEMENT - COPART, INC.
PAGE 2
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 Copart, Inc., be, and hereby is, approved.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 30th day of arch, A.D., 2009.
ATTEST: a? '✓
Weld County Clerk to the Bo
BY.
AP
1 t
Dept Clerk
ttorney
the Board
Date of signature. 4(q109
IC9
OARD OF C• NTY COMMISSIONERS
LD, O ITY, COLORADO
Ilia . Garcia, Chair
adema er, Pro-Tem
Se,n Conway
Douglas
rbara Kirker
1� 0
David E. Long
2009-0763
PL1769
946
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
COPART, INC. - USR- 1493 and AMUSR-1493
THIS AGREEMENT, made and entered into this_;2C' day of March, 2009, by and
between the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter called "Weld County," and Copart, Inc., hereinafter called "Property
Owner."
WITNESSETH:
WHEREAS, Property Owner is the owner of the following described lots in the County
of Weld, Colorado: Part of the NE'/< SE'A, and Lots A and B of RE -3932, all being part of
Section 30, Township 1 North, Range 66 West of the 6111 P.M., Weld County, Colorado
("Property"), and
WHEREAS, on September 13, 2009, the Board of County Commissioners of Weld
County approved AmUSR-1493, which allows on the Property, located in the 1-3 (Industrial) and
A (Agricultural), a commercial junkyard and salvage yard, and
WHEREAS, the recording of the plat for AmUSR-1493 is conditional upon Property
Owner's performance of certain improvements, all of which have been completed, with the
exception of the on -site grading and fencing of a seven acre lot that is a part of Property (the "7
Acre Lot"), and
WHEREAS, the parties acknowledge that Property Owner does not intend to use of the 7
Acre Lot until such time as economic conditions make it feasible to do so, and
WHEREAS, the parties agree that Property Owner may record the plat for AmUSR-1493
with delaying the completion of the improvements to the 7 Acre Lot in accordance with the
terms of this Agreement.
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 On -Site Grading: Property Owner shall, at its own expense, grade the interior
portion of the 7 Acre Lot prior to its use, in accordance with the timing provisions set forth in
Section 4.0, below, after consultation with the Weld County Public Works Department. The
estimated cost of on -site grading of the 7 Acre Lot is Three hundred and Twenty five Thousand
dollars ($325,000.00).
2.0 Fencing Requirements: Property Owner shall, at its own expense, construct an
eight foot high fence around the 7 Acre Lot prior to its use, in accordance with the timing
provisions set forth in Section 4.0, below. The estimated cost of the construction of fencing
around the 7 Acre Lot is Forty one Thousand eight hundred and fifty dollars (41,850.00).
3.0 Collateral: Acceptable collateral shall be submitted at least three (3) months prior
to commencement of the on -site grading work described in Section 1.0, above. No grading
permits shall be issued 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
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completed. Collateral may be in the form detailed in and shall be subject to the requirements of
Weld County Code Section 2-3-30 B. Collateral shall be released in accordance with the
provisions of Weld County Code Section 2-3-30.C.
4.0 Timing of Improvements: Property Owner shall not be required to complete the
improvements required in Section 1.0 and 2.0, above, and submit the collateral required in
Section 3.0, above, until such time as Property Owner applies for a grading permit on the 7 Acre
Lot.
5.0 Release of Liability: Property Owner shall indemnify and hold harmless the Weld
County from any and all liability loss and damage Weld 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
Weld County on account of any such suit, action or claim, together with all reasonable expenses
and attorney fees incurred by Weld County in defending such suit, action or claim whether the
liability, loss or damage is caused by, or arises out of the negligence of Weld 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 Weld 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.
6.0. 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 Weld County's
consent to such does not relieve Property Owner 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.
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3616946 04/16/2009 11:11A Weld County, CO
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IN WITNESS \\HERLOF. the parties hereto have caused this Agreement to he executed
on the day and year first aho' e written.
COI'ART. INC.,
Property Owners ..
By:
Title
Date:
1
Weld County Clerk to the 13
By:
Deputy Jerk lip the I u
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3616946 0 p12 i 00 R 0.00 Steve Moreno Clerk & Recorder
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BOARD O1 COUNTY COMMISSIONERS
\\ FII.I) ('O1;Ni Y. COLORADO
1 iliiain I'. (iarcia. Chairman
MAR 3 is ?()09
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