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Home My WebLink About20073434.tiff 314 RESOLUTION RE: APPROVE COLLATERAL FOR LONG TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR USE BY SPECIAL REVIEW PERMIT#1444- SW CHAMBERS, LLC, DBA HEIT FARMS GRAVEL PIT 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 January 7, 2004,the Weld County Board of Commissioners approved Use by Special Review Permit #1444, for Heit Farms, Ltd, LLP, 4520 County Road 27, Fort Lupton, Colorado 80621, and 333 West Hampden Avenue, Suite 810, Englewood, Colorado 80110, now known as SW Chambers, LLC, 7600 East Orchard Road #307-South, Greenwood Village, Colorado 80111, for a Mineral Resource Development Facility, including Wet and Dry Open Pit Mining and Materials Processing and an Asphalt and Concrete Batch Plant, in the A(Agricultural) Zone District on the following described real estate, to-wit: Lots 4, 5, and 6, Lupton Meadows Land Division No 1; being part of the N1/2SE1/4 and part of the S1/2NE1/4 of Section 13, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval in said Resolution, and by Resolution dated February 28, 2005, the Board approved a Long Term Road Maintenance and Improvements Agreement with Zadel Family, LLLP, and SW Chambers, LLC, and WHEREAS, the Board has been presented with Subdivision Bond #5030631 from Bond Safeguard Insurance Company, 1919 South Highland Avenue, Building A, Suite 300, Lombard, Illinois 60148, in the amount of $600,000.00, and WHEREAS,after review,the Board deems it advisable to approve said collateral and accept said Subdivision Bond as stated above,a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Collateral for the Long Term Road Maintenance and Improvements Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and SW Chambers, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED that Subdivision Bond #5030631 from Bond Safeguard Insurance Company, 1919 South Highland Avenue, Building A, Suite 300, Lombard, Illinois 60148, in the amount of$600,000.00, be and hereby is, accepted. 1111111111111111111111111111111111 IIIII III 11111011101 2007-3434 3524314 12/18/2007 02:08P Weld County, CO L1697 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder co ' /'L ftc FT CUB, o /-6 7-6O IMPROVEMENTS AGREEMENT - SW CHAMBERS, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of November, A.D., 2007. - BOARD OF COUNTY COMMISSIONERS -" fL W COUNTY, COLORADO R ATTEST: Lejaaa, . (Ml6Th U! David E. Long, Chair Weld County Clerk to the Board Mom BY: William H er9c De ty Cle to the Board 01 Wil m F. Garcia (� APP AS FOR • Robert D. Masden ounty A orney CD o.. Douglas ademacher Date of signature: 1*1°7 111111111111111111111111111111111111111III11111IIII lilt 434 73 3524314 12/18/2007 02:08P Weld County, CO 200pL 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 434 a PUBLIC WORKS DEPARTMENT I 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 ' WEBSITE: WWW.CO.WELD.CO.LJS PHONE (970) 356-4000, EXT. 3750 C. FAX: (970) 304-6497 COLORADO October 5, 2007 Jon D. Benallo Vice President of Land Development SW Chambers, LLC 333 West Hampden Avenue, Suite 810 Englewood, CO 80110 Subject: USR-1444, Lots 4, 5, and 6, Lupton Meadows Land Division No. 1 Dear Mr. Benallo: The Weld County Public Works Department has been trying very hard to work with you on your Heit Farms gravel pit operation. In honoring your request on May 18, 2007, we allowed hauling from the facility in exchange that you would honor and complete your portion of the Long-Term Road Maintenance and Improvements Agreement for the upgrade, paving, and other improvements associated with WCR 18 and WCR 25 during the 2007 construction season. Your failure to complete these items is grounds for a Probable Cause hearing and revocation of USR-1444. If your USR mining permit is not revoked, the Weld County Public Works will require SW Chambers to maintain, patch, and repair the existing north one mile of WCR 25 throughout the 2007-2008 winter months until widening and paving is completed. The requirement to complete the widening and paving of the north one mile of WCR 25 will be extended until June 15, 2008. Bonding of your proportional share of the project shall be required. 2007-3434 Items to also be bonded at this time, include realignment of Bridge 18/25B approaches, the free right turn lane on to U.S. Highway 85, and the maintenance of the north one mile of WCR 25 during the 2007-08 winter driving season. These items have proportional percentage share that you are responsible for and shall bond. The total bonding amount is $420,000. Any other proportional share obligations between other gravel haulers associated with this project should be worked out between companies by you. If bonding in the amount of $420,000 is not provided by Oct. 31, 2007 and a revised construction schedule cannot be agreed upon, you will be receiving a notice from the Department of Planning Services indicating the date, time, and location for Probable Cause public hearing pursuant to Chapter 23, Article II, Division 4, Section 23-2-270 of the Weld County Code. This meeting will take place in the Commissioner's Hearing Room, Weld County Centennial Center, 915 10`h Street, Greeley, Colorado. Please feel free to contact the Weld County Public Works Department, if you have any questions or concerns regarding this matter, at (970) 304-6496. Thank you. Sincerely, d Donald Carroll Engineering Administrator pc: Bruce Barker, County Attorney Chris Gathman, County Planner Pioneer Sand & Gravel Danna Ortiz, Civil Resources Planning Services Josh Holbrook, Inspection USR-1444 WCRs 18 and 25 Bridge 25/18A file M:\PLANNING—DEVELOPMENT REVIEW\Correspondence\USR-1444 JohnDBenallo.DOC (11; lS PUBLIC WORKS DEPARTMENT 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US ' PHONE: (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 C. COLORADO September 6, 2007 Jon D. Benallo SouthWestern Investment Group, Inc. 333 West Hampden Avenue, Suite 810 Englewood, CO 80110 RE: The Implementation of Long-Term Maintenance and Improvements Agreements; USR-1255, USR- 1394, & USR-1444, between L.G. Everist, NCCI, S.W. Investments, and Weld County for WCR 18 between WCR 25 and HWY 85. Dear Mr. Benallo: Following CDOT's completion of their work on HWY 85, Weld County is now ready to move ahead with the necessary improvements to the portions of WCR 18, as addressed in the above mentioned USR agreements. Specifically, the improvements as agreed to in the USR include the realignment of the roadway approaches to Bridge 18/25B and the free-right turn lane onto U.S. Highway 85. Not included in the agreements, is the replacement of Bridge 18/25B. Due to the low sufficiency rating and deteriorating substructure, Weld County is currently designing a replacement structure which includes approach 5 roadway realignment. Proportional shares for the improvements as per Exhibit B of the ab ion ts, not including the bridge replacement, are as follows: Weld County (1%) S.W. Investments (34% , NCCI (28%), and L.G. Everist (37%). L.G. Everist will be provided a cre ' of $210,395.62 for eviously constructed lane improvements made to U.S. Highway 85. I would like to schedule a meeting on September 26, 2007, 1:30 pm at the Public Works Department located at 1111 H St, Greeley, CO with all parties involved to discuss the details of this project including the project schedule and possible road closures during construction. Please feel free to contact me if you have problems making the meeting or any questions or concerns regarding this matter. My phone number is (970) 304-6496, ext. 3788 or email at whoward@co.weld.co.us. Sincerely, � f Vd Wa ne Howard, P.E. i�. 41000 k 37 a 8 Chief Sr Engineer cc: John Zadel, NCCI Post-it®Fax Note 7671 oat a°esr t Lynn Shults, L.G. Everist lo-i2-07 p a To *-14; a From l 1 Co./Dept.e6,W. Co. ,• c. 1. 1eL Phone# J Phone# V.J Fax#303—534'-67Oo Fax# M:\—Active Projects\WCR 18,West of SH 85\Design\Correspondence\Letters\Zadel Everist SW invnotification-b.doc WELD COUNTY PUBLIC WORKS DEPARTMENT PROJECT CONCEPTUAL ESTIMATE Section Name WCR 18 Cross Road West of SH 85 4 6tlr'1R DATE 4-May-07 REVISED 5-Oct-07 CLASSIFICATION ON COAS NECTOR EDED will O PROPOSED ROW AS NEEDED EXISTING ROW ASSUMED 60' COLORADO LENGTH OF NEW ALIGNMENT IN MILES 0.26 LENGTH IN FEET 1400 DESIGN 2007 EXISTING PAVED SURFACE YES ROW 2007-2008 EXISTING PAVED SURFACE WIDTH 26 CONSTRUCTION 2008 WCR 18 ROADWAY AND BRIDGE 18/25B UNIT UNIT COST QUANTITY SUM EMBANKMENT FOR WIDENING CY $ 10.00 4,000.00 $ 40,000.00 ASPHALT(5"w/12' Lanes-4'Shoulders) TON $ 50.00 1,500.00 $ 75,000.00 AGGREGATE BASE (10") TON $ 13.00 4,000.00 $ 52,000.00 FENCE LF $ 1.50 500.00 $ 750.00 MANHOLE (96" DIAMETER) EACH $ 10,000.00 1.00 $ 10,000.00 FULTON DITCH (48"x76" CULVERT) LF $ 250.00 270.00 $ 67,500.00 *BRIDGE 18/25B (14'X7' PRECAST) LF $ 1,350.00 106.00 $ 143,100.00 - o,., 'GUARDRAIL LF $ 16.00 450.00 $ 7,200.00 - o v. IRRIGATION (MISC) LS $ 20,000.00 1.00 $ 20,000.00 BEST MANAGEMENT PRACTICES MILE $ 15,000.00 0.23 $ 3,450.00 SEEDING & MULCHING ACRE $ 1,500.00 1.50 $ 2,250.00 ROW (As Needed)(Assumed) ACRE $ 20,000.00 1.50 $ 30,000.00 UTILITIES LS $ 50,000.00 1.00 $ 50,000.00 SUBTOTAL $ 501,250.00 a60ic WCR 18 FREE RIGHT HAND TURN (225') UNIT UNIT COST QUANTITY SUM ASPHALT(5"w/12' Lane-2'Shoulder) TON $ 50.00 82.00 $ 4,100.00 AGGREGATE BASE (10") TON $ 13.00 40.00 $ 520.00 *HMA CURB & GUTTER(TYPE 6) LF $ 10.00 75.00 $ 750.00 SUBTOTAL $ 5,370.00 15 2. CONTINGENCIES 15% $ 75,993.00 Total Estimate $ 582,613.00 Estimating Assumptions: Purchase 50'of additional ROW,as needed. I 350 G3 , I( ro o ( . 34 3 Project requires 5"HMA-10"ABC&4'paved shoulders? y All irrigation ditch culverts will be replaced ' 5) 3-79 (, . 3q%) =41,5%G, CDOT. Cost Data(CIP) `� %- WAYuE, 4L JAE e 4'r?GS4C..T— Cost Sharing Estimate Project: WCR 18&25 Improvements Weld County Public Works 11/30/2004 Project Section I Phase I Cost Bridge 18/25B realignment and fre ght Construction $218,550 Engineering $35,900 (Total $254,450 NCCI (44%) $111,958 Heit(55%) $139,948 Weld (1%) $2,545 WCR 25 Improvements(south 1/ mile) Construction $178,280 Engineering $40,400 'Total $218,680 ' NCCI (44%) $96,219 Heit(55%) $120,274 Weld (1%) $2,187 WCR 25 Improvements(north 1 mile) Construction $250,000 Engineering $40,000 Total $290,000 Heit(99%) $287,100 ,t- Weld(1%) $2,900 Estimated total costs (county road ' provements) NCCI $208,177 Heit $547,322 „ • Weld County $7,631 =estimates k);6 °v To;r L • ub2 -- ici !o-io-oJ ks j it rr' ( cc).' 4 4- 81 100 C4— \ U.iGK tS Sou}{' gD W►ile paV 1 /W tk li {1.err (s5 °lo, 3 ta.o) v-7q 13rt1t4"E 25il$ A- " 1"77, 25il ANIciii ucct .. i4e rr (Ssy.) i C4 i 980 “ BiV 5 MI D LC 181,1C a" 4'4- a tT ( 31%) 4 it el 17 23 '4- cCZ.Ee TAlar ' U.S .85 * Ue ►er ( 34% ) q 182(e, -s4'" j ''Gill, o^ fr .- 4 u -re-R...., MAJ Or $ 11,151 -4,— t 410 000 The"' PPT bJ CHs & %— sP1,a1-1- • PUBLIC WORKS DEPARTMENT 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US PHONE (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 • May 18, 2007 Danna Ortiz Civil Resources RE: Representative for SW Chambers, LLC (Heit Farms) LTD USR-1444 Dear Ms. Ortiz: I have received your email request. The staff has approved your request to allow limited hauling of two to three trucks per hour, maximum. During the start-up at your gravel pit location, your trucks should use the designated haul route identified in your Long-term Road Maintenance and Improvements Agreements for WCR 18 and WCR 25. By allowing limited hauling, your commitment shall be to complete your items identified in your agreement in the 2007 construction season. Failure to complete these items will be grounds for a Show Cause Hearing with the County Commissioners on your USR case. Work with Tracy Dyer, Inspector, cell: 590-2577, on scheduling improvements to WCR 25 during the construction season. - Please Please provide a construction schedule and time-line for improvements associated with the project so that we may schedule inspections appropriately. Please provide copies to the appropriate individuals associated with the Heit Gravel Pit operation, such as Pioneer Sand & Gravel, S. W. Chambers, and any subcontractors or contractors associated with the road improvements. If the County road requires closure, please contact the Public Works office for notification and a time line for the closure as we need to contact emergency response crews, school districts, etc. Sincerely, idifb Donald Carroll Engineering Administrator pc: Tracy Dyer, Inspector, Public Works Pioneer Sand & Gravel SW Chambers M:\PLANNING—DEVELOPMENT REVIEW\Correspondence\Danna Ortiz.DOC SW CHAMBERS, LLC 7600 E. Orchard Rd. #307-S Greenwood Village, CO 80111 OCT 3 VIA EMAIL AND REGULAR MAIL Donald Carroll Weld County Public Works Department P.O. Box 758 Greeley, CO 80632 Re: USR-1444, Lots 4, 5 and 6, Lupton Meadows Land Division No. 1 Dear Mr. Carroll: In response to your letter of October 5, 2007, SW Chambers, LLC has obtained and posted a bond for road improvements associated with USR-1444. The original bond is attached hereto. This letter confirms that SW Chambers, LLC will complete the widening and paving of the north one mile of WCR 25 on or before June 15, 2008 as permitted by your letter of October 5, 2007. Further, SW Chambers, LLC will maintain,patch and repair the existing north one mile of WCR 25 until the widening and paving is completed. I believe we have complied with the terms of your October 5, 2007 letter and will proceed accordingly. Please let me know if you need anything else. Very truly yours, SW Chmf, s, C By: , Ton B_enallo SUBDIVISION BOND Bond No.: 5030631 Principal Amount: $600,000.00 KNOW ALL MEN BY THESE PRESENTS, that we S W Chambers, LLC, 7600 E. Orchard Road #370 South, Greenwood Village, CO 80111 as Principal, and Bond Safeguard Insurance Company, 1919 S. Highland Avenue,Bldg. A-Suite 300,Lombard, IL 60148 an Illinois Corporation, as Surety, are held and firmly bound unto Weld County, 1111 H Street,P.O. Box 758, Greeley, CO 80632, as Obligee, in the penal sum of Six Hundred Thousand and 00/100 (Dollars) ($600,000.00), lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, S W Chambers, LLC has agreed to construct in Heit Subdivision, in Weld County, CO the following improvements: Roadway Improvement. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall construct, or have constructed, the improvements herein described, and shall save the Obligee harmless from any loss, cost or damage by reason of its failure to complete said work, then this obligation shall be null and void, otherwise to remain in full force and effect, and the Surety, upon receipt of a resolution of the Obligee indicating that the improvements have not been installed or completed, will complete the improvements or pay to the Obligee such amount up to the Principal amount of this bond which will allow the Obligee to complete the improvements. Upon approval by the Obligee, this instrument may be proportionately reduced as the public improvements are completed. Signed, sealed and dated, this 30th day of October, 2007. S W Cambers, LLC Bond Safeguard Insurance Company Principal Surety By: A144 4. By: `� t"'t �f Irene Diaz, Attorney-i act POWER OF ATTORNEY AO 5 4 6 4 0 Bond Safeguard INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS,that BOND SAFEGUARD INSURANCE COMPANY, an Illinois Corporation with its principal office in Lombard, Illinois, does hereby constitute and appoint: James I.Moore,Irene Diaz,Bonnie Kruse,Stephen T.Kanter,Dawn L.Morgan, Peggy Faust,Kelly A.Jacobs,Elaine Marcus,Jennifer J.McComb,Melissa Schmidt,Joel E.Speckman,Heather A.Beck,Tariese M.P' its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for,and on its behalf as surely,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 BOND SAFEGUARD INSURANCE COMPANY on the 7th day of November, 2001 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$1,000,000.00, One Million 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 or undertaking to which it is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate seal to be affixed this 7th day of November, 2001. Oo INsa\q BOND SAFEGUARD INSURANCE COMPANY µ i O uRlOla ) - 4Z COMMHY 2 r��,- Z T BY David E.Campbell President ACKNOWLEDGEMENT On this 7th day of November, 2001, before me, personally came David E. Campbell to me known, who being duly sworn, did depose and say that he is the President of BOND SAFEGUARD 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" ctu `P1oQ 'l MAUREEN K.AYE Notary Public,State of Illinois aureen K.Aye My Commission Expires 09/21/09 tary Public CERTIFICATE I,the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY,An Illinois 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. Signed and Sealed at Lombard, Illinois this 30th Day of October ,20 07 AH 0 ILLN018 ((nfQfQQ '/''- INSURANCE .0 I / COMPANY Donald D.Buchanan Secretary State of Illinois } } ss. County of DuPage } On October 30, 2007, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Irene Diaz known to me to be Attorney-in-Fact of Bond Safeguard Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he/she duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires 4/23/2OO9 �� ine Marcus, Not ry Public OFFICIAL SEAL ELAINE MARCUS NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:04113109 Hello