The URL can be used to link to this page

Browse Search

Home My WebLink About20071592.tiff RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERALFOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN,AND ACCEPT COLLATERAL FOR SITE PLAN REVIEW,SPR#394- KUM AND GO, LC, C/O NEIL BRODERICK 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 April 17,2006,the Department of Planning Services staff approved Site Plan Review, SPR #394, for Kum and Go, LC, dba Kum and Go Convenience Store #913, do Neil Broderick, 6400 Westown Parkway, Des Moines, Iowa 50266, for a convenience store and gas station on the following described real estate, to-wit: Lot 1, Block 1, of Lyons 66 Pacific Commerce Park,; being part of the NW1/4 of Section 26, Township 3 North, Range 68 West of the 6th P.M.,Weld County, Colorado WHEREAS,pursuantto certain Conditions of Approval,the Board has been presented with 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 Kum and Go, LC, dba Kum and Go Convenience Store#913, do Neil Broderick, with terms and conditions being as stated in said agreement, and WHEREAS,the Board has been presented with Subdivision Bond Number COC 48300, from Merchants Bonding Company(Mutual), 2100 Fleur Drive, Des Moines, Iowa 50321, in the amount of$181,016.88, and WHEREAS,after review, the Board deems it advisable to approve said agreement and accept said Subdivision 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(Private Road Maintenance)between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County,and Kum and Go, LC,dba Kum and Go Convenience Store #913, c/o Neil Broderick, be, and hereby is, approved. BE IT FURTHER RESOLVEDthat Subdivision Bond Number COC 48300,from Merchants Bonding Company (Mutual), 2100 Fleur Drive, Des Moines, Iowa 50321, in the amount of $181,016.88, be and hereby is, accepted. 2007-1592 PL1902 (70 AL/ fr,J 4)9L © 0d-O7 IMPROVEMENTS AGREEMENT- KUM AND GO, LC, C/O NEIL BRODERICK PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 6th day of June, A.D., 2007. BOARD OF COUNTY COMMISSIONERS / WELD COUNTY, COLORADO � ATTEST: fid 'r CUSED iui .F grm-pc : ` ;vid E. Long, Chair Weld County Clerk to the a .� dliam HH/J�erk o-Tem De ty CI to the Boar Wil ' m F. Garcia AP O D AS TO Robert D. Masden o n tt rney - Jour,cu, 9AOo no:i or Douglas PFademache Date of signature: With 7 2007-1592 PL1902 268 IMPROVEMENTS AGREEMENT ACCORDING 1'O POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT,wade and entered into this day of , 20 , by and between the County of W el d,State of Colorado,acting through its Board of County C ommiss ion ers,hereinafter called"County," and WPA % (40 t Ui hereinafter called "Applicant.' WITNESSETH: WHEREAS,Applicant is the owner of,or has a controlling interest in the following described property in the County of Weld, Colorado: 1-c \H I $Lock-% of L'i DNS 1e+o PAufi C CAA inn e ?M- ) VJa2 COVAITI, COLAtQOO WHEREAS,J a Final_ Subdivision/Planned Unit Development (PUD) plat of said property, to be known as Je^'Ltris3a_ _.___ ._..._ has been submitted to the County for approval,and WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Plat,Planned Unit Development Final Plat, or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans,plats and supporting docum ents of the Subdivision Final Plat,Planned Unit Development Final Plat,or Site Plan,which improvements,along with a time schedule for completion,are listed in Exhibits"A" and "B" of this Agreement. NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat,the parties hereto promise, covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in connection with the design and construction of the Subdivision or Planned Unit Development improvements fisted on Exhibit "A," which is attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed bya 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 Applicant shall furnish drawings and cost estimates for ro ads within the Subdivision or Planned Unit Development to the County for approval prior to the letting of any construction contract. Applicant shall furnish one set of reprodu cible"as-built"drawings and a final statement of construction cost to the County. 2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire, at its own expense, good and sufficient rights-of-way and easements on all lands and facilities traversed by the prop osed imp rovemen ts. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit 1 RIM HUMID 1111 HUM 11111 HINDER!' 2007-1592 3485268 06/22/2007 11:56A Weld County, CO 1 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder /91. /942w Development improvements listed on Exhibit"A,"which is attached hereto and incorporated herein by reference, according to the construction schedule set out in Exhibit "B" which is also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in strictconformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a Subdivision or Planned Unit Development is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the Subdivision or Planned Unit Development is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards, those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ,at its own expense,a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the C ounty; 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 lest and inspect,or to require testing and inspection of material and work at Applicant'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 Applicant's expense. 3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems,water,gas, electric and telephone services. 3.5 Said Subdivision or Planned Unit Development 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 shown on Exhibit "B" upon application by the Applicant subject to the terns of Section 6 herein. 4.0 Release of Liability: Applicant 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. (THERE IS NO SECTION 5) 6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant, streets within a Subdivision or Planned Unit Development maybe approved by the County as public roads and will be maintained and repaired by a Homeowners Association or, in its absence, the owners of lots within the Subdivision or Planned Unit Development. 6.1 If desired by the County, portions of street improvem ents may be placed in service when completed according to the schedule shown on Exhibit "B," but such use and operation shall not constitute an approval of said portions. 11111111111111111111111IIIII11111111111III11111IIII IIII 3485268 06/22/2007 11:56A Weld County, CO 2 of 11 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 6.2 County may, at its option, issue building permits for construction o❑ lots for which street improvements detailed herein have been started but not completed as shown on Exhibit"B," and may continue to issue buildin g permits so long as the progress o f work on the Subdivision or Planned Unit Development improvements in that phase of the devclo pment is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of theconstruction of streets within a Subdivision or Planned Unit Development and the filing of a Statement of Substantial Compliance,the applicants)may request in writing that the County Engineer inspect its sheets and recommend thatthe Board ofCounty Commissioners partially approve them. Not sooner than nine months after partial approval, the County Engineer shall,upon request by the applicant, inspect the subject streets,and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets arc constructed according to County standards,he or she shall recommend full approval. Upon a receipt ofa positive unqualified recommendation from the County Engineer for approval of streets wi thin the development, the Board of County Commissioners shall fully approve said streets as public but with private pay. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to One-Hundred percent (100%)of the value of the improvements as shown in this Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six(6)months of the Final Plat approval. If acceptable collateral has not been submitted within six(6)months then the Final Plat approval and all preliminary approvals shall automatically expire. Applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards,policies and regulations. The improvements shall be completed within one(I)year after the Finn/Plat approval(not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty(30) days prior to its expiration and further provides that cost estimates for the remaining impro vemen is are updated and collateral is provided in the amount of One-Hundred percent(100%)of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames,the County,at its discretion,may make demand on all or a portion o f the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Final Plat or Subdivision Final Plat. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property tha t are not covered by collateral which will prohibit the conveyance of the property or the issuance of building p ennits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits "A" and"B." 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld C onnty. The Letter of Credit shall state at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred percent(100%)of the total value of the improvements as set forth in Section 6.0 and Exhibits "A" and "B." 8.1.2 The Letter of Credit shall provide forpaymentupon demand to Weld County if the des eloper has not performed the obligations specified in the Improvements Agreement and the issuer 111111111111MEI111111111111111111111III11111 'DIME 3485268 06/22/2007 11:56A Weld County, CO 3 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder has been notified of such default. 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that,al all times the unreleased portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent (100%) of the estimatedcosts of completing the uncompleted portions of the required improvements,based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement(i.e., streets, sewers,water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final fifteen percent(15%),or one year from the date of Final Plat approval,whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the proposed development is used as collateral,an appraisal is required of the property in the proposed development by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current degree of development is sufficient to cover One-Hundred percent(100%)o f the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County, then an appraisal is required of the property by a Member of the Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current state of development is sufficient to cover One-Hundred percent(100%) of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Weld C ounty Board of Commissioners. lit 11111111111111111 �� 11111111111III1111111111111 3485268 06/22/2007 11:56A Weld County, CO 4 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 83.3 The escrow agent will be a Federal or state-licensed bank or financial in stimtion. 8.3.4 If Weld County determines there is a default of the Improvements Agreement, the escrow agent,upon req uest by the Co unty,shall release any remaining es crowed funds to the C ounty. 8.4 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(I00%) of the value of the improvemcn is as specified in the hnpro ventents Agreement. 8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County,the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project ora portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 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 approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation Schedule for minimum materials sampling, testing and inspections found in the Colorado Department of Transportation(CD OT)Materials Manual. 9.3 "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 approval from the County Engineer. 9.4 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. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate ifthe fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets by the C ounty, the applicant(s) may request release of the collateral for the projector portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral" inthc 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 govemmental entity,special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final approval by the B oard of County Commissioners. 10.0 Public Sites and Open Spaces: When the Board ofCounty Commissioners,pursuant to a rezoning,Subdivision or Planned Unit Development,requires the dedication.development and/or reservation of areas or sites other than Subdivision or Planned Unit Development streets and utilityeasements of a character,extent and location suitable for public use for parks,greenbelts u schools,said actions shall be secured in accordance with one of AIM 1111 111111111111111 111111 11111 III 11111 IIII IIII 3485268 06/22/2007 11:56A Weld County, CO 5 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder the following altm natives. or as specified in the Planned Jun Development(PIJD) Plan, ii any 10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations shall be dedicated re the County or the appropriate school district, for one of the above purposes. Any area so dedicated shall be maintained by the Co unty or schoo I district. 10.2 The required acreage as determined according to Chapter 24 of the Weld County Code, may be reserved through deed restrictions as open area,the maintenance of which shall be a specific obligation in the deed of each lot within the Subdivision or Planned Unit Development. 10.3 In lieu of land,the County may require a payment to the County in an amount equal to the market value at the time of Final Plat submission ofthe required acreage as determined according to Chapter 24 of the Weld County Code. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal representatives, successors and assigns of the Applicant,and upon recording by the County,shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. AIM 1111 111111111311 11111 III "III IIII IIII 3485268 06/22/2007 11:56A Weld County, CO 6 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 6 IN WITNESS WHEREOF,the parties hereto have caused this Agreementto be executed on theday and year first above written. APPLICANT: ea."1"4. • TITLE: C 0 O-.— Subscribed and sworn to before me this 23,.day of AR1;'t , 20 O2. My Commission expires: No tar Publ 311.1 z ov leMa==TA lit WM ATTEST: '-SU RD OF COUNTY COMMISSIONERS ELa WELD COUNTY, COLORADO Weld County Clerk to the Board . t 1861 i ,_ i aiC �j illiam H. Jerke ,ChairPro—Tem 1 BY: 6(�G_ jJ �a • r ' � 06/06/2007 Deputy Clerk to the Board � ll �, APPROVED AS TO FORM: _/ County Attorney 1 111111 11111 111111 11111 11111 1111111111111111 IIII 3485268 06/22/2007 11:56A Weld County, CO 7 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder aoo 7-759,5 EXHIBIT "A" Pet— Name of Subdivision 1AI'r✓ (tO{ qt3 or Planned Unit Development L 4ObS o to rftcc%Ft c fithetexs.e. Pfi&X. L..O`(- Filing: I. Location: So WAN/rat-taemeF of_AVvtkk L1t'•o_ Mejg s Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply) Improvements Quantity Units Unit Estimated Construction Costs Cost Site grading 1 lS 59-151,3to 31 9151,06 Street grading VI 3\ G`1 $Ip.1µ &t Zottv.Z1 Street base 5 l2'- S`( a g,$p $1 So 2t5.20 Street paving Si 9✓ 5-? 110 q 2-0:"') ,il 5t4 ey i, Curbs,gutters,and culverts \ J31 LES l.to.BL 2-2.4,09,7-0 Sidewalk 7, 35 .5 if) it. 5728. 5(1 Storm sewer facilities Retention ponds 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 Survey and street monuments and boxes Street lighting Street Names Fencing requirements Landscaping I LS 3112333,15 412333,15 Park improvements Road culvert Grass lined swale Telephone Gas Electric Water transfer SUB=TOTAL: SI 151r-0.at cjb Engineering and Supervision Costs $ 7J){O(I,q 0 (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 $ ted. U't l«' SS The above im provcm cats shall be constructed in accordance with all County requirements and specification,, and 111111111111111111111111111111111111111III111111111IIII 3485268 06/22/2007 11:56A Weld County, CO 8 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder The County, at its option,and upon the request of the Applicant,may t an extension of time for completion for any particular improvements shown abbove, upon a showing by the Appliea of that the aho ye schedule cannot be met. App scant 144el^ 4- 6 L . C. Applicant li (/ �til( Of/ 0njcc.. Date: Yfty , 2007. Title (If corporation,to be signed by President and attested to by Secretary, together with corporate seal.) 111111111111 VIII!VIII IIII!II'III In III 1IIII 1/111111 93 480526181 06/22/2007 11:56A Weld County, CO of 11 R 0.00 0 0.00 Steve Moreno Clerk& Recorder Ii rEXHIBIT' B" Name of SubdivisionVL-kkell114 ✓l'5Pei- or Planned Unit Development is@ti _t{it17. ek,ffic_ lemet-4.E-?MA,-:, LOT Filing: _� Location: SDu `•i-i co¢ - oc NN`l_i Lite isrgD fittik Vii__ Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. All improvements shall be completed within_ 13_years from the date of approval of the final plat Constniction of the improvements listed in Exhibit"A" shall be completed as follows: (Leave spaces blank where they do not apply.) Improve ments Time for Completion Site grading Jl,([4t 2Abr) Street base tvW4 U bC 2oo' Street paving Mkl d Curbs,gutters,and culverts NAG ux LAO") Sidewalk N9h( U.`;t4 Lao`) Storm sewer facilities Retention ponds 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 Fire hydrants Survey and street monum ents and boxes Street lighting Street name signs Fencing requirements Landscaping OctV ere.„ 20o°) Park improvetn ents Road culvert Grass lined swale Telephone Gas Electric Water Transfer SUB-TOTAL: OC:cu 6Ct tot' 1 11111111111111111 11111 1111111111111111 111 111111 III IIII 3485268 06/22/2007 11:56A Weld County, CO 10 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder conformance with this provision .shall he determined solely by W eld Count„ or its duly authorized agent. Said improvements shall be completed according to the eons lruction schedule set out in Exhibit"B." BI� - ✓— VV _ Applicant it fotne 4a L. < . Applicant I Ott U OPt.n� Cana. Date: _/�Z� _, 20 D'7 Title (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) 1 111111 1111 Mint 1111 HIM 11111 MINIM 3485268 06/22/2007 11:56A Weld County, CO 11 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder O ceft\i'40, MEMORANDUM WIo�. TO: Board of County Commissioners COLORADO DATE: June 4, 2007 FROM: Kim Ogle, Planning Manager!it SUBJECT: Acceptance of Subdivision Bond Neil Broderick, applicant for Kum & Go, LC, 6400 Westown Parkway, Des Moines, IA 50266 Site Plan Review 394 (SPR-394) The Department of Planning Services' is in receipt of a Subdivision Bond, Number COC 48300 on behalf of Kum & Go, LC, 6400 Westown Parkway, Des Moines, IA 50266 located at Lot 1 Block 1, Lyons 66 Pacific Commerce Park; Part of the NW 1/4 of Section 26, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado, case number Site Plan Review 394, in the amount of one hundred eighty-one thousand sixteen dollars and eighty- eight/ 100s (181016.88) dollars. Items covered under this letter of credit include: Site Grading June 2009 9751.86 dollars Street Grading August 2009 2016.27 dollars Street Base August 2009 50215.20 dollars Street Paving August 2009 54951.20 dollars Curbs, Gutters and Culverts August 2009 Sidewalk 22405.20 dollars August 2009 5728.50 dollars Landscaping October 2009 12333.75 dollars Engineering and Supervision 23610.90 dollars Total Estimated Cost for improvements 181016.88 dollars The Weld CountyAttomey, Department of Public Works and the Department of Planning Services, has determined that the amount of the agreement will be sufficient to complete the work required for Kum&Go, LC, 6400 Westown Parkway, Des Moines, IA 50266, located at Lot 1 Block 1, Lyons 66 Pacific Commerce Park; being part of the NW 1/4 of Section 26, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado, case number Site Plan Review 394. The Department of Planning Services' recommends acceptance of this Bond by the Board of County Commissioners. 711* SUBDIVISION BOND G� . Bond No. COC 48300 KNOW ALL MEN BY THESE PRESENTS,that we Kum &GQ L C 6400 Westown Parkway West_Des Moines. IA 50266 as Principal, and Merchants Bonding Company(Mutual) authorized to do business in the State of CO ,as Surety,are held and firmly bound unto Weld County. State of Colorado as Obligee, in the penal sum of One Hundred Eighty One Thousand Sixteen Dollar nd)=jgbty Eight Cents ($ 181 016 88 )DOLLARS, 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, Kum&Go, L.C. has agreed to construct in Lot 1. Block 1 of Lyons 66 Pacific Commerce Park Weld County, Colorado (Kum & Go#913) the following improvements: Site Grading, Street Grading. StreetBase. Street Paving. Curbs Gutters Culverts Sidewalks and Landscaping 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 he null and void; otherwise to remain in full force and effect. Signed. sealed and dated this 13th day of April • 2007 • Kum & Go, L.C. Principal By —. .q:4p ,�•..yam. Merchants onding Company (Mutual) • _ 1933 1933 •;C C'ianne S. Riley Atc°r,ey"rFr�1 Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY(MUTUAL),a corporation duly organized under the laws of the State of Iowa,and having Its principal office in the City of Des Moines,County of Polk,State of Iowa,bath made, constituted and appointed,and does by these presents make,constitute and appoint: Dianne S. Riley its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred to sign,execute and acknowledge,at any place within the United States,the following surety bond: Surety Bond#:COC 48300 Principal: Kum&Go, L.C. Obligee: Weld County, State of Colorado and to bind the MERCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY(MUTUAL),and all the acts of said Attorney-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY(MUTUAL)on November 16,2002. ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9-The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY(MUTUAL)has caused these presents to be signed by its President and its corporate seal.to be hereto affixed,this 1•' day of August, 2005 .•.\NG CO ' MERCHANTS BONDING COMPANY(MUTUAL) •�O�'10304'...9*.2 ••! jerriPtit •�' 1933 :•y a,• Z:STATE OF IOWA ••.y 'i . •• President COUNTY OF POLK ss. On this 1" day of August 2005 before me appeared Larry Taylor, to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa,the day and year first above written. ,�y�� Lt. MARILYN BOYD ow.igCommission Number 10012 \ -�r� ,�'�'4�`t • My Commission Expires November 4,2001 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY(MUTUAL),which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 13th day of April, 2007 •.• •.04,. ..••••..\N VA• �Gs�/ 7✓�ir�-v: •• 47O.t.uF 994?y. Secretary • • -:2 -e- co....., :a " 1933 ;c ;J&, 4 .-k POA 0007(8/05) Page 1 of 1 Kim Ogle From: Drew Scheltinga Sent: Tuesday, March 27, 2007 4:52 PM To: Kimberly Dail Cc: Kim Ogle Subject: RE: Kum & Go Mead LOC The cost estimate for Kum & Go is acceptable to Public Works. When using the standard form for improvements agreements that can be found on the Counties web site, there is a line for engineering and inspection that should be 15% of the construction total. Drew Scheltinga, P. E. Weld County Engineer 1111 H Street P. O. Box 758 Greeley, CO 80632 970-304-6496 X3750 dscheltinga@co.weld.co.us 05/31/2007 NORTHERN ADDRESS: PHONE: 970.221.4158 200 S.College Ave. Suite 100 WEBSITE: ISE ENGINEERING Fort Collins,CO 80524 FAX:970.221.4159 www.northernengineering.com TRANSMITTAL DATE: April 24, 2007 NAME: Kim Ogle COMPANY: Weld County ADDRESS: 918 Tenth Street Greeley, CO 80631 PROJECT NAME: Kum & Go #913 PROJECT/BG: 177-001.02 FROM: Kimberly Dall SENT VIA: ❑ Pick up 0 Mail ® Courier 0 Hand Delivered ❑ Fed Ex ENCLOSED ARE THE FOLLOWING: ❑ Drawings 0 Shop Drawings ❑ Specs/Project Manual ❑ Reports ❑ Drawings ❑ CDs/DVDs p ❑ Contracts Redlined ® Other COPIES TITLE SIZE MEDIA SHEETS/SET 1 Improvements Agreement **If enclosures listed above are not received, please notify our office THESE ARE TRANSMITTED: ❑ For Approval 0 Loan to Us 0 For Review/Comment ® For Your Use 0 For Your Record ® As Requested ❑ Reviewed REMARKS: Please call with any questions or if you require further plans or information. Thank you. SIGNED: Clear Day Page 1 of 1 Donna Bechler From: Kim Ogle Sent: Monday, June 04, 2007 12:11 PM To: Donna Bechler Subject: FW: 913 -very important that you reply today! Donna here is the information you requested. Thanks Kim From: Michele Nemmers [mailto:MLN@kumandgo.com] Sent: Monday, June 04, 2007 12:09 PM To: Kimberly Dail Cc: Kim Ogle Subject: FW: 913 - very important that you reply today! Kim here is the address I was going to forward directly to Donna but realized I do not have her e-mail address. Can you please get this information to her? Thanks Merchants Bonding Company 2100 Fleur Drive Des Moines, IA 50321 From: Donna Bechler Sent: Monday, June 04, 2007 10:36 AM To: Kim Ogle Subject: Kum and Go Good morning, Kim, I am getting ready to put the improvements agreement on the agenda for Wednesday for Kum and Go. The resolution requires an address for the issuer of the Subdivision Bond, and it is not listed on the paperwork we have. It just says Merchants Bonding Company (Mutual), but no address is listed. Could you please let me know who I need to call for the address, or e-mail it to me if you have it? Thanks, Donna 6/4/2007 I14 ;14(1 if CLERK TO THE BOARD PHONE(970)336-7215, Ext. 4225 FAX: (970)352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 C. COLORADO June 19, 2009 MERCHANTS BONDING COMPANY(MUTUAL) 2100 FLEUR DRIVE DES MOINES, IOWA 50321-1158 RE: Subdivision Bond#COC 48300 for Kum &Go, LC Ladies and Gentlemen: This letter shall act as a reminder to you of your obligations to the Board of County Commissioners of Weld County under the above-referenced Subdivision Bond. As you are aware, on the 13th day of April, 2007, Merchants Bonding Company (Mutual) issued a Subdivision Bond on behalf of Kum &Go, LC naming the Board of County Commissioners of Weld County as beneficiary. The dollar amount of the Subdivision Bond was established at One Hundred Eighty-one Thousand Sixteen Dollars and eighty-eight Cents($181,016.88). The terms of the Subdivision Bond do not list a termination date. If the bond expires, you must replace it. If you have any questions regarding this letter or your obligations under the Subdivision Bond, or if you disagree with any statement contained in this letter, please call Donna Bechler, at 970-356-4000, ext. 4227, or e-mail me at dbechler@co.weld.co.us. Very truly yours, "1/41“ 4Setati Donald D. Warden 6kail/4244)STIZ-L Clerk to the BoardGQ�/,itd� By. L` , Deputy Cler o the Board p Ga�� pc Kum and Go, LC PL /2G`;� ,7?CX 7-/9 7 U.S. Postal Service., r CERTIFIED MAIL, RECEIPT Er (Domestic Mail Only;No Insurance Coverage Provided) rR F•r.elivery inf•rmati•n visit •ur we•site at www.us•s.c• ,. lit ru c t 4 3 ai f1J un Postage $ xrn rrr��1/�yy, O Certified Fee afi / O I P are O Return ReceiptFeeRequir ) -- Restricted Hare (Endorsement require % ru n Required) e (1/', fD (Endorsement yFee •9 i $ Total Postage&Fees ul p Cip r- r Apt o. or PO amt No. al®o c2AldiM"r `4l•Z PC a State,Z1 I ' '/ ' 5(1.5 - /5. S F•rm3'•,,June2n2 See everse frt lnstructi•ns SEN•E': C•M•LETE THIS SECTI•N C•M11PrE rF THIS secn•N ON •euve•v • Complete items 1,2,and 3.Also complete A. Signature jI item 4 if Restricted Delivery is desired. O Agent • Print your name and address on the reverse X O Addressee so that we can return the card to you. B. Receiv: Print=I • Attach this card to the back of the mailpiece, l ►� ) C. Date of Delivery or on the front if space permits. D. Is a IV'7 address d erent from item 1? ❑yes 1. ArtiGa Addressed to: If ES, , ter delive address below:. O No t 1 ilere/ig/l/. rA40/S,ty ;/a�/ f Joe r/eaE r -Die . 3. Service Type p t&tlfied Mail Cl Express Mail 1}.5,470/146-5, .L2 %'J leg ❑ Registered ( alum Receipt for Merchandise ❑ Insured Mail O C.O.D. 4. Restricted Delivery?(Sara Fee) O Yes 2. (Transcle Number7005 1820 0003 5225 1959 (Transfer howl service IabelJ PS Form 3811,February 2004 Domestic Return Receipt 10259502-ft-1540 Hello