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Home My WebLink About20082673.tiff 148 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#1402 - ARNHEIM, LLC 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 June 4, 2003, the Board approved the application of Arnheim, LLC, 11605 Wadsworth Boulevard, Broomfield, Colorado 80020,for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Industrial Zone District (maintenance shop, outdoor storage of equipment and materials, and office)in the A(Agricultural) Zone District, on the following described real estate, to wit: Lot B of Recorded Exemption #2050; being part of the S1/2 S1/2 NE1/4 of Section 30, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS,on November 24, 2003, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements(Private Road Maintenance)between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Arnheim, LLC, with terms and conditions being as stated in said agreement, and accepted Subdivision Improvements Performance Bond #881304S, drawn on Insco Insurance Services, Inc., 17780 Fitch, Suite 200, Irvine, California 92614, in the amount of $57,750.00, and WHEREAS, staff from the Weld County Departments of Planning Services and Public Works have conducted a visual inspection and recommend release of said collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Subdivision Improvements Performance Bond #881304S, drawn on Insco Insurance Services, Inc., in the amount of$57,750.00 be, and hereby is, canceled and released. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said collateral to the appropriate issuing party. 111111 VIII 111111 VIII IIII 1111111 VIII III VIII IIII II'I 3584148 10/14/2008 03:52P Weld County, CO 2008-2673 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PL1668 (1& ('O(7 nu ,/, ID S5 CANCEL COLLATERAL -ARNHEIM, LLC PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 6th day of October, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: LM William H. Jerke, Chair Weld County Clerk to the Board, EXCUSED Robert D Ma Pro-Tem BY: /"., Deputy Clerk o the Board am F. rcia David E. Long ounty Attorney ougl Lt- Date of signature: 44 111111111111111111111111111111111111111III11111IIII VIII 3584148 10/14/2008 03:52P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2008-2673 PL1668 Page 1 of 1 Donna Bechler From: Donna Bechler Sent: Thursday, October 02, 2008 10:25 AM To: Chris Gathman Subject: Arnheim LLC Hi again, Chris, I e-mailed you earlier about the request for release of collateral from Arnheim. I also wonder if you have the original letter from Public Works recommending the release. The faxed version is kind of hard to read, and will be even harder to read after it's been scanned in. Thanks, Donna 2008-2673 10/2/2008 Page 1 of 1 Donna Bechler From: Chris Gathman Sent: Thursday, October 02, 2008 11:02 AM To: Donna Bechler Subject: FW: Arnheim, LLC Donna, Here is the request from Mr. Turner re: the Arnheim property. If you need something more formalized. Let me know. Sincerely, Chris Gathman, AICP,Planner II Weld County Department of Planning Services 918 10th Street,Greeley,Colorado 80631 ph(970)353-6100 ext. 3540 fax(970)304-6498 From: John Turner [mailto:john.turner@aisacivil.com] Sent: Tuesday, September 16, 2008 10:26 AM To: Chris Gathman Subject: Arnheim, LLC Hello Chris, Can I cancel the Subdivision Improvement Bond on our property at 1575 WCR 27, Brighton. Weld County needs to give me a written release before Developers Surety will release the bond. John Turner 10/2/2008 teat MEMORANDUM vligeTO: Board of County Commissioners 9/30/2008 COLORADO FROM: Chris Gathman - Planner II C,A, SUBJECT: Release of Collateral for USR-1402 (Arnheim) On November 24, 2003 the Board of County Commissioners received a Performance Bond in the amount of$57,750.00 for collateral for the improvements agreement for USR-1402. The collateral covered the following improvements: Site Grading estimate $ 4,000.00 Street Base estimate $ 3,750.00 Fencing estimate $ 50,000.00 Total Estimated Cost of Improvements and supervision $ 57,750.00 Note: After USR-1402 was approved, this site was rezoned to 1-3 Industrial under CZ-1065 in February of 2005 and a subsequent site plan review (SPR-388) was applied for future buildings and improvements (future office and pole barn). 1-3 Industrial zoning has requirements for paving under Section 23-3-350.B. Per the Department of Public Works - the applicant will be required to post collateral for paving of the site when building permits upon applying for building a building permit for these future improvements. After review of the site improvements, the Departments of Public Works and Planning Services have completed the required improvements for USR-1402 and recommend release of this collateral. SERVICE_TEAMWORK.INTEGRITY,QUALITY OCT-01-2008 WED 07:31 AM WELD COUNTY PUBLIC WORKS FAX NO. 970 304 6497 P. 01/01 MEMORANDUM TO: Chris Gathman, Planning S:,does DATE: Sept.29,2008 FROM: Donald Carroll, Engineer rIlI Administrator SUBJECT:USR-1402,Amhaim LI!:: I am agreeable to allow the recycled asphalt adjacent to the existing shop/c if ce building and be utilized for parking. The future office shall be upgraded with paved parking adjacent to the bul :i rig and approach and entrance. This requirement will be tied to the building permit in the future. Response to John Tumsr's Inquiries; Each time that this property changes (RE, USR, SPR, and char(;'i of zone, there are different and/or additional requirements associated with the type of use. There are things to be aware of when a change of zone is request HI The change of zone use in the I-3 Industrial Zone District Section 23-3-350 6 has requirements for eilying the parking and loading areas including the access and the approach. Another thing to be aware of is WCR 27 (Old U.S. Highway 85) Ir designated as an arterial between Brighton and Ft. Lupton,which would require 140-foot right-of-way a I till build out. There is presently a 60- foot right-of-way. Be advised that no structures shall be placed witl ii r I the future right-of-way, as they may have to be relocated. In responding to your comment on the storage building that you she i r the access drive, this property was zoned industrial so a special use permit was not required. It 'of is a site plan review. The paving requirement was not in place at that time. The Weld County cod was adapted in 2001. There is a concrete slab being utilized for access for most of the parcel to acct r•rnodate traffic to the rear. Once you change the use, there are additional requirements. Weld County Public Works recommends release of collateral in the : mount of$57,750.00 for the on-site improvement. New collateral shall be posted in the future for the ui'fFading and paving to a 1-3 Industrial Zone District standard when they apply for a future building permit. pc: John Turner(Iohn.turner aisacivil.com) SPR-388 and USR-1402 M:IPLANNING-DEVELOPMENT REVIEWISPR-Site Plan Revlew\SPR388-A.aac L'Hie , CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 ige, FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 COLORADO October 6, 2008 INSCO INSURANCE SERVICES, INC. 17780 FITCH SUITE 200 IRVINE, CALIFORNIA 92614 RE: Cancellation and release of Collateral - Arnheim, LLC To Whom if May Concern: Attached hereto please find the Board of County Commissioners Resolution releasing the collateral for Arnheim, LLC, and the original Subdivision Improvements Performance Bond #881304S, issued by Insco Insurance Services, Inc., issuing collateral, in the original amount of $50,000.00, and the increased indorsement to $57,750.00. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS ByttL/L , 1,CdL& Donna J. Be er, Deputy Clerk to the Board (its • CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 W ip FAX: (970) 352-0242 P. O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO October 6, 2008 ARNHEIM, LLC 11605 WADSWORTH BOULEVARD BROOMFIELD, COLORADO 80020 RE: Cancellation and release of Collateral for Arnheim, LLC To Whom if May Concern: On October 6, 2008, the Board of County Commissioners approved the cancellation and release of collateral for USR#1402, in the amount of$57,750.00, as referenced above. Enclosed is a copy of the Resolution signed by the Board of County Commissioners. I will forward a copy of the signed and recorded Resolution to you as soon as it has been recorded. The Subdivision Improvements Performance Bond has been returned to Insco Insurance Services, Inc. If you have questions or need additional information, please do not hesitate to contact me at(970) 356-4000, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS By: Donna J. Bech r Deputy Clerk to the Board <-y C.. 'ref L ,/ ". Q��y eas O�, r Qe` eA -- eQ,6 're era1 o�y y 8Yee • 0 C ° ItiThgE INSCO INSURANCE SERVICES, INC. rk Sao°ar med InSC%uCO Underwriting Manager for:Developers Surety and Indemnity Company r0 rs oF G^^GtCIMP Indemnity Company of California e 1O 17780 Fitch,Suite 200•Irvine,California 92614•(949)263-3300 he 8 p O BOND NO. 881304S `71• INITIAL PREMIUM: $1,250.00 SUBJECT TO RENEWAL. SUBDIVISION IMPROVEMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, ARNHEIM, LLC, ,as Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY a corporation organized and doing business under and by virtue of the laws of the State of IOWA and duly licensed to conduct a general surety business in the State of COLORADO as Surety,are held and firmly bound unto WELD COUNTY,COLORADO,Department of Planning Services 1555 N. 17th Avenue, Greeley,CO 80631 as Obligee,in the sum of FIFTY THOUSAND AND NO/100------------------------------------------------------------------------------ ($50,000.00 )Dollars,for which payment, well and truly to be made,we bind ourselves,our heirs,executors and successors,jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS,the above named Principal entered into an agreement or agreements with said Obligee to: Complete certain improvements on Lot B of RE-2050;part of the S2 S2 NE4 of Section 30,Ti N, R66W of the 6th P.M., Weld County,Colorado-Parcel Number 1471 30 100023 NOW THEREFORE,the condition of this obligation is such,that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety,this obligation shall be void,otherwise it shall remain in full force and effect. IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at Broomfield and Denver,Colorado ,this 2nd day of September 2003 YEAR "PRINCIPAL" "SURETY" ARNHEIM, LLC DEVELOPERS SURETY AND INDEMNITY COMPANY Attorney-in-Fact J R.Richards ID-1277(REV.3/01) `OICO DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch Irvine,CA 92614 (949)2633300 www.inscodico.com POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO BOX 19725.IRVINE,CA 92623•(949)263-3300 www.InscoDico.com KNOW ALL MEN BY THESE PRESENTS.that except as expressly limited.DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make. constitute and Appoint: point: ***Courtney TP Peterson, James S. Rosulek, J,R. Richards, Douglas J. Rothey, Susan J. Lattarulo, Cynthia Ni. Burnett, jointly or severally*** as its true and lawful Attarney(s)-in-Fact,to make,execute,deliver and acknowledge.for and on behalf of said corporation as surety.bonds.undertakings and contracts of suretyship giving and granting unto said Anorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as the corporation could do,hut reserving to the corporation full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November I.2_0(11): RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation he. and that each of them hereby is. authorized to execute Powers of Attorney,qualifying the Attorney(s)-in-Fact named in the Powers of Attorney to execute,on behalf of the corporation,bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is. authorized to attest the execution of any such Power of Attorney: RESOLVED.FURTHER,that the signatures of such officers may he at f ixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate biting such facsimile signatures shall he valid and binding upon the corporation when so affixed and in the future with respect to any bond.undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to he signed by its respective Executive Vice President and attested by its Secretary this 7th day of November,2_0111. '.I , ,AND.. � By. Sop • o'C'' 4l•••3y,, David H.Rhodes.Executive Vice President °r'r° OCT. <? ¢: .w: 10 : I� � �J =o 1936 .49 :o By: V ' U v/�`il '1.41:. •'••./OW P `d •, • O Walter A.Crowell. Secretary ' * ' STATE OF CALIFORNIA )SS. COUNTY OF ORANGE On November 7.2_1)1)1,before me. Antonio Alvarado, personally appeared David H. Rhodes and Walter A. Crowell. personally known to me(or proved to me on the basis of satisfactory evidence)to he the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal 6 ra ANTONIO ALVARADO • O' COMM.k 1300303 Notary Public-California 5 G 3 es.. ORANGE COUNTY Signature �-, zb s<Z/4-.,��4:.17:r . My Comm Expires APRIL ig 2005 CERTIFICATE The undersigned.as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked.and furthermore.that the provisions of the resolution of the respective Boards of Directors of said corporation set forth in the Power of Attorney.is in force as of the date of this Certificate. This Certificate is executed in the City of Irvine.California.the 2nd day of September , 2003 By David G.Lame.Chief Operating Officer ID-1438(USI)l I NW 8°a 4e e0 By r9� 1-laA INCREASE ENDORSEMENT a °F P� Pral c 1 O Attached to and forming part of Bond No. 881304“,› � Gtr iQ1`)o Lo _ c? 0 s ew! Issued by: Developers Surety and Indemnity Company 4- �Zs ., ° 'lc e,5O On Behalf of : Arnheim, LLC 4°a In Favor Of : Weld County, Colorado Department of Planning Services Dated: September 2, 2003 In consideration of additional premium, it is understood and agreed that effective the 3rd day of November , X762003 , and subject to all the terms, conditions and limitations of the attached bond, the Penal sum thereof shall be and the same is hereby increased to Fifty Seven Thousand Seven Hundred Fifty and 00/100 Dollars ($57,750.00---- PROVIDED, however, that : (a) Liability under said bond as hereby increased shall not be cumulative; (b) Liability under said bond shall not exceed the amount of the bond in force at the time the loss occurred; and (c) In no event shall liability under said bond exceed the sum of Fifty Seven Thousand Seven Hundred Fifty and 00/100 Dollars ($ 57,750.00--- Signed, sealed and dated the 3rd day of November , &](92003 . Attest : Arnheim, LLC Principal By: /6 ' U aitA1 Q 4/1L( (0 By: A7 Developers Suret and Indemnity Company B .R Richards Attorney-in-Fact Hilb,Rogal and Hamilton Company fit HRH «..l<,,.,,1„ po ciri, d0y)25 Surety bonds and insurance POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO BOX 19725,IRVINE.CA 92623 • (949)2_63-_300 www.InscoDico.com KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited.DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make, constitute and point: ***Courtney T. Peterson, James S. Rosulek, J,R. Richards, Douglas J. Rothey, Susan J. Lattarulo, Cynthia M. Burnett, jointly or severally*** as its true and lawful Attorney(s)-in-Fact.to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds.undertakings and contracts of suretyship giving and granting unto said Attorneys)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to he done in connection therewith as the corporation could do.but reserving to the corporation full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents.are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November I,2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be. and that each of them hereby is. authorized to execute Powers of Attorney,qua iifying the Attorney(s)-in-Fact named in the Powers of Attorney to execute.on behalf of the corporation,bonds. undertakings and contracts of suretyship: and that the Secretary or any Assistant Secretary of the corporation be. and each of them hereby is, authorized to attest the execution of any such Power of Attorney: RESOLVED.FURTHER,that the signatures of such officers 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 shall he valid and hinding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to he signed by its respective Executive Vice President and attested by its Secretary this 7th day of November.2001. „ ' F.Sy..AND„yyOta: By: pO 'apP°Rq \51.. David H.Rhodes,Executive Vice President �' R ' cc° OCT .a. 10 inri : c U v! B,,. O ✓V o;: 1936 .sOc Walter A.Crowell. Secretary * , STATE OF CALIFORNIA )SS. COUNTY OF ORANGE ) On November 7.2_001,before me. Antonio Alvarado. personally appeared David H. Rhodes and Walter A. Crowell. personally known to me (or proved to me on the basis of satisfactory evidence)to he the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal ANTONIO ALVARADO p COMM.#1300303 _ - g cR: Notary Public California v // ORANGE COUNTY Signature z •,72, s./��'��'" `" Y My Comm.Expires APRIL 10.2005 • CERTIFICATE The undersigned.as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolution of the respective Boards of Directors of said corporation set forth in the Power of Attorney,is in force as of the date of this Certificate. This Certificate is executed in the Cily of Irvine,California.the 3rd day of November 2003 . By David G.Lane.Chief Operating Officer 1D-I436(DS))(11/01) Hello