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Home My WebLink About20071457.tiff RESOLUTION 138 RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW#1527-WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, 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 December 21, 2005, the Board approved the application of Waste Management Disposal Services of Colorado, Inc., P.O. Box 1450, Chicago, IL 60605-1450, fora Site Specific Development Plan and Use by Special Review#1527 fora Use Permitted as a Use by Right or an Accessory Use in the Commercial or Industrial Zone Districts (administration facility, container repair facility, fueling station, truck wash, container storage, and truck storage) on the following described real estate, to wit: Part of the NW1/4 of Section 7, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on August 23, 2006, 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 Waste Management Disposal Services of Colorado, Inc.,with terms and conditions being as stated in said agreement, and accepted Performance Bond Number 1019028, drawn on the LEXON Insurance Company, 2307 River Road, Suite 200, Louisville, Kentucky, in the amount of $912,623.26, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services 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 Performance Bond Number 1019028, drawn on the LEXON Insurance Company, in the amount of $912,623.26 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. 1 111111 11111 111111 1111 111111 111111 1111111111111 1111 1111 3482138 06/08/2007 03:31P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2007-1457 PL1808 nr : PL , � >-�� ,�_ - O-7 CANCEL COLLATERAL - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of May, A.D., 2007. ♦�� f,' BOA OF COUNTY COMMISSIONERS /`q� EL OUNTY, COLORADO ATTEST: D "c�sad i! � $` A FCG a-�id E. Long, Chair Weld County Clerk to the B 4 • Via/, N �rilli . e PTem BY. d,��cl Zq- Duty CI to the Boaryl / William -. arcia APP D O RM: EXCUSED Robert D. Masden ounty Attorney J Douglas demacher I Date of signature: (lib 1 HBO 11111 MEIN 111111111111HEM 11111 Hill 3482138 06/08/2007 03:31P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2007-1457 PL1808 ‘t,t MEMORANDUM ' TO: Board of County Commissioners 5/17/2007 iii ` c. FROM: Chris Gathman - Planner II C COLORADO SUBJECT: Release of Collateral for USR-1527 (Waste Management) On August 23, 2006 the Weld County Board of Commissioners accepted collateral in the form of a Performance Bond (Bond no. 1019028) in the amount of Nine Hundred Twelve Thousand Six Hundred Twenty-Three and 26/100 ($912,623.26) for on-site improvements for Use by Special Review Permit 1527 (Waste Management Disposal Services of Colorado, Inc.). Collateral covered the following items: Site Grading estimate $ 38,035.23 Concrete Site Paving estimate $ 600,395.04 Asphalt Parking Paving estimate $ 86,529.49 Curbs, gutters and culverts estimate $ 3,200.00 Sidewalk estimate $ 21,600.00 Detention Ponds estimate $ 17,500.00 Fire hydrants estimate $ 12,200.00 Street lighting estimate $ 49,000.00 Fencing requirements estimate $ 62,431.00 Landscaping estimate $ 13,395.00 Park improvements estimate $ 8,337.50 Total Estimated Cost of Improvements and supervision $ 912,623.26 The Department of Public Works has determined that their improvements have been completed and recommends the release of this collateral. The applicants have made one modification from the site that is not shown on the USR-1527 plat. The applicants have moved the north fence to the edge of the property line and replaced the proposed 3-foot berm to the north of the fence with a swale to the south of the fence. This is a change from the recorded USR-1527 plat. However, based on the fact that this site is located within a rural area (farmground is located immediately to the north of this site), the Department of Planning Services has determined that berming is not required in this area and also recommends the release of this collateral. SERVICE,TEAMWORK,INTEGRITY,QUALITY 2007-1457 Page 1 of 1 Chris Gathman From: Mike James [mjames@Icsigroup.net] Sent: Tuesday, May 08, 2007 9:06 AM To: Chris Gathman Subject: Fw: CO for waste management Dear Mr. Gathman, As per our discussion yesterday I would like to request Weld County to realease all collateral being retained for the Waste Management projects. In answer to you questions, as you mentioned we will put rock in the dirt area between the H2O vault an the ac parking. Also, with regards to the North berm area. The drawings show that a berm is to be constructed where we placed it along the N. driveway. From there east a swale was to be constructed to maintain the drainage. We moved that section of fence North to the WAPA easment line in order to maintain that dainage, while allowing the farmer adequate room to farm North of the fence. If there is any other clarification or information you need, let me know. you had asked for a drawing reflecting the change. Do you still need it, or will this letter be enough. thanks for yur help Mike James Landmark Construction Services Inc. PO Box 386 Sterling, Colorado 80751 970-522-6668 office 970-522-6669 fax 970-520-4082 cel mjames@lcsigroup.net1 Original Message From: Mike James To: cgathmanco.weld.co.us Cc: Chip Wertz ; Leroy Whipkey Sent: Monday, April 02, 2007 2:23 PM Subject: CO for waste management Dear Mr. Gathman, As waste Managements representative, Landmark Construction Services is requesting a Certificate of Occupancy or a Temporary Certificate of Occupancy, for the maintenance facility on CR 25 outside of Ault. We would like to begin using the building on April 6, 2007. We will have our final inspections by the Windsor- severance fire District on April 5, 2007, as well as the final electrical and building inspections. Tracy Dyer with the county public works is appraised and I believe has prepared his final report also.Please let me know what if anything else I need to provide you with to accomplish this in a timely manner. Thank you for your time, Mike James Landmark Construction Services Inc. 150 Edward Sterling, CO 80750 970-522-6668 Office 970-520-4082 Cell 05/17/2007 Weld County Planning Department GREELEY OFFICE MEMORANDUM APR 2 $ 20n7 tit RECEIVED TO: Chris Gathman, Planning Services DATE: April 19, 2007 FROM: Donald Carroll, Engineering Administrator ►t C� SUBJECT: USR-1527, Waste Management of Northern Colorado COLORADO Release of Collateral On-Site, Performance Bond #1019028 In the Amount of$912,623.26 The on-site transportation items have been field verified on 4/16/2007. Please refer to the attached Exhibit A sheet identifying those items as being complete. All other non-transportation items identified on the Exhibit A portion should be verified by Planning Services prior to scheduling with the BOCC. Tracy Dyer with our permitting and inspection division will handle the off-site improvements, which is associated with this USR but with a different road improvement agreement. Performance Bond for off-site is #1019029. Both Performance Bonds stated above expire 8/15/2007. pc: CTB Tracy Dyer, Inspection Division USR-1527 M:\PLANNING—DEVELOPMENT REVIEW USR-Use by Special Review\USR-1527-E.doc ON- --.:./ i C ✓ — pu.h itc 14ot Ri/Conp/aAadJ PC.A.JSiIQC% Scn vac r$ EXHIBIT"A" Name of Subdivision or Planned Unit Development: Waste Management of Northern Colorado USR#1527 Filing: n Location: A portion of the NW''A of Section 7.Township 7 N.,Ranee 66 W.of the 611 PM Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or 4, Planned Unit Development the following improvements. (Leave spaces blank where they do not apply) Improvements Onandty nits Unit Estimated Construction Costs Cost Site grading 25527 sy S 1.49 $38,035.23 Street grading Street-base Concrete Site Paving 25257 sy $23.52 S 600,395.04 ✓ Street paving Asphalt Parking Paving 6443 sy S 13.43 S 86,529.49 ✓ Street grading Street base Street paving Curbs,gutters,and culverts 200 If $16.00 $ 3,200.00 ✓ Sidewalk 4800 sf S 4.50 S 21,600.00 ,----- Storm sewer facilities Retention ponds (Detention Ponds) 70,000 sf 5 0.25 $17,500.00 ,/ Ditch Improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply and storage Water Mains(includes bore) Fire hydrants 4 ea $3,050 S 12,200.00 — Survey and street monuments and boxes Street lighting 14 ea $3,500.00 $49,000.00 — Street Names Fencing requirements 4190 If $14.90 $62,431.00 — Landscaping 15 acres $893.00 S 13,395.00 — Park improvements Road culvert 115 If S 72.50 S 8,337.50 ✓ Grass lined Swale Telephone Gas Electric _ Water transfer SUB-TOTAL: S 912,623.26 aELE44! of Cl1[d/eTE.RAL : Engineering and Supervision Costs$ included Puti1,'t w4o,ta,e $ 1 lc 591. 2 fo t IIIIII1111111111111111 /III1111111IIIIIIIII1111/III/III 8 3421497 09121/2006 03:07P Weld County, CO 8 of 11 R 0.00 D 0.00 Steve Moreno Clerk a Recorder 7 Waste Management Disposal Services of Colorado, Inc. 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' ,- g9Li !101 3 a t@� � i . 1hid ▪ 11 Za, tea _ l — -Nytst.o sr.- o▪�' of I Ni`.�e : d Li d 1 w I� sr(noel 1, g g e o i 5 E ay �, `,j co o ed`se de P For deA0 ssro 3y e1�adc 1y C1 der 8oc? o L Sod e ro ps 1i co o rye p die 9e, PERFORMANCE BOND 8p r ary ea BOND NO 1m gn2R KNOW ALL MEN BY THESE PRESENTS, that we,Waste Management Disposal Services of Colorado, Inc. 8310 S. Valley Highway, Suite 200, Englewood, CO 80112 (hereinafter called the'Principal'), as Principal,and the j rvnnr Tngl,ranca Company (hereinafter called the"Surety),as Surety,are held and firmly bound unto Weld County Colorado P 0 Box 758 Greeley. CO 80632 , (hereinafter called the "Obligee'), as Obligee, in the sum of Nine Hundred Twelve Thnrlcand Six Hundred Twenty-Three and 26/100 ($ 917 673 76 ),for the payment of which sum well and truly to be made,we the said Principal and the said Surety bind ourselves,our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has entered into a(written)agreement(hereinafter called the"Agreement')with the Obligee for Construction of On-Site Surface Improvements for USR-1527 which Agreement is hereby referred to and made a pan hereof as if fully set forth herein; NOW THEREFORE,the condition of this obligaton is such that if the Principal shall well and truly keep all the terms and conditions as outlined in said Agreement then this obligation shag be null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER,this bond is executed by the Surety and accepted by the Obligee subject to the following conditions: 1. No assignment of this bond shall be effective without the written consent of the Surety. 2. This obligation may be terminated by the Surety by thirty(30)days advance written notice to the Obligee,such notice to be sent by registered mall. Such termination shall not affect liability incurred under this obligation prior to the effective date of such termination. 3. PROVIDED,HOWEVER,it shall be a condition precedent to any right of recovery hereunder that,in the event of any breath of the Agreement on the part of the Principal,a written statement of the particular facts stating the nature of such breach shall be given as soon as reasonably possible by the Obligee to the Surety and the Surety shall not be obligated to perform Principal's obligation until thirty (30) days after Surety's receipt of such statement. 4. No action, suit or proceeding shall be had or maintained against the Surety on this bond unless the same be brought or instituted within sixty(60)days after the termination of release of this bond. 5. Under no circumstances shall the aggregate liability of the Surety exceed the penal sum above stated. 6. This bond shall be effective from 8/16/7006 to 8/i 5/7007 IN WITNESS WHEREOF,said Principal and said Surety have caused these presents to be executed and their seals affixed this 16th day of August , 7006 . Waste Management Disposal Services of Colorado, Inc. (Principal) Cherie C. Rice By: (41 �' -' C �lQ Vice President&Treasurer LEON Insurance Company (Surety) ).-La. Donna L. Meals, Attorney-in-Fact • POWER OF ATTORNEY Lx - 016 7 61 Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in Louisville, Kentucky, does hereby constitute and appoint: Donna Meals its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1st day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed$2,500,000.00,Two-million five hundred thousand dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.Any Attorney-In-Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted,and the signature of the Vice President,and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 2nd day of July,2003. JPANCF LEXON INSURANCE COMPANY .zif A O,S TEXAS -0 X• INSURANCE iZ %��/`� WI COMPANY �� BY 1 David E. Campbell President ACKNOWLEDGEMENT On this 2nd day of July,2003, before me, personally came David E.Campbell to me known,who being duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY,the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. 'OFFICIAL SEAL' LYDIA J.DEJONG NOTARYSSLIC STATE OF IUJ4OIS `i MY COMMISSION EXPIRES I/12/2/12/200O 7 ( 0 , Lydia J.DeJong CERTIFICATE Notary Public I, the undersigned, Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. L..-01 (� Signed and Sealed at Lombard, Illinois this `'r' Day of AV5VS+ , 20 t7b• 1 .c p: TEXAS +-3, @Mali X7 INSURANCE lz `t" COMPANY ;.�/ •.+r Donald D. Buchanan � Secretary .... tAki CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO May 29, 2007 Chip Wertz Waste Management Disposal Services of Colorado 5500 South Quebec Street, Suite 250 Greenwood Village, Colorado 80111 RE: Partial Cancellation and release of Collateral To Whom It May Concern: On May 21, 2007, the Board of County Commissioners approved the partial cancellation and release of collateral for Waste Management Disposal Services of Colorado, Inc., USR#1527, in the amount of $912,623.26, as referenced above. Enclosed is Performance Bond Number 1019028, in the amount of $912,623.26. I will forward a copy of the signed and recorded Resolution to you as soon as it has been signed by the Board of County Commissioners 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: ✓/.%011,W Donna J. Bectkifer Deputy Clerk to the Board Hello