HomeMy WebLinkAbout20061392.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERALFOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE
CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW,
USR #1529 - HAROLD AND LAVERNA NELSON, C/O ASPHALT SPECIALTIES
COMPANY, 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,on March 1, 2006, the Board of County Commissioners approved a Use by
Special Review, USR #1529, for Harold and Laverna Nelson, 11955 Weld County Road 15,
Longmont, Colorado 80504, do Asphalt Specialties Company, Inc., 10100 Dallas Street,
Henderson,Colorado 80640,for Mineral Resource Development Facilities,including Open Pit Mining
and Materials Processing(concrete batch plant)in the A(Agricultural)Zone District on the following
described real estate, to-wit:
Part of the SE1/4 of Section 31, Township 3 North,
Range 67 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 Harold and Laverna Nelson, do Asphalt Specialties
Company, Inc., with terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Subdivision Bond #929394268 from
Western Surety Company, P.O. Box 5077, Sioux Falls, SD 57117-5077, in the amount of
$22,757.08, 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 Harold and Laverna Nelson,c/o
Asphalt Specialties Company, Inc., be, and hereby is, approved.
2006-1392
PL1825
CC U Pr J, 40,4 , f .6)s) 06.7)7
IMPROVEMENTS AGREEMENT- HAROLD AND LAVERNA NELSON, CIO ASPHALT
SPECIALTIES COMPANY, INC.
PAGE 2
BE IT FURTHER RESOLVED that Subdivision Bond #929394268 from Western Surety
Company, P.O. Box 5077,Sioux Falls,SD 57117-5077, in the amount of$22,757.08,be and hereby
is, accepted.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 22nd day of May, A.D., 2006.
EBOARD OF C• NTY COMMISSIONERS
WELD CO , , COLORADO
ATTEST: ikeg# E" i �v�,/
3 M. J. ei -, Chair
Weld County Clerk to th " �,C1 \
® cx F‹
c, �,r David E. Long, Pro-Tem
Del ty Cle t to the Board EXCUSED
William H. Jerke
AP ED AS TO EXCUSED
Robert D. Masden
ou Attorn ' AP ALA ArA
Glenn Vaad
Date of signature:1V /
13Ib�
2006-1392
PL1825
i‘totri MEMORANDUM
WI`P� TO: Board of County Commissioners
COLORADO DATE: May 2, 2006
FROM: Kim Ogle, Planning Manager V,O.
SUBJECT: Acceptance of a Subdivision Bond
Asphalt Specialities Company, Inc.
10100 Dallas Street, Henderson Colorado
for Nelson Mining Resource (USR-1529)
On April 27, 2006, the Department of Planning Services received a Subdivision Bond No.
929394268 for Asphalt Specialities Company, Inc. located at 10100 Dallas Street, Henderson
Colorado for the Nelson Mining Resource, Case Number USR-1529, in the amount of twenty-
two thousand seven hundred fifty-seven dollars and 08/100s ($ 22,757.08).
Items covered under Subdivision Bond No. 929394268 include:
Site Grading 2006 $ 2,635.50
Street Grading 2006 $ 664.00
Street Base 2006 $ 2,362.80
Street Paving 2006 $ 4,648.16
Fencing Requirements (Gate only) 2006 $ 1,500.00
Grass, Seed, Mulch and Tack 2006 $ 1,202.00
Trees 2006 $ 3,042.00
Tree Irrigation and Pump 2006 $ 3,145.00
Sub-Total $ 19,199.46
Engineering and Supervision Costs $ 3,557.62
Total Cost of Improvements and Supervision $ 22,757.08
The Weld County Attorney, the Department of Public Works and the Department of Planning
Services, have determined that the amount of the agreement will be sufficient to complete the
work required for on-site improvements for Asphalt Specialities Company, Inc., for Nelson
Mining Resource (USR-1529) and the Department of Planning Services recommends
acceptance of Subdivision Bond No. 929394268.
2006-1392
fL //c7.5
MAY-02-2006 TUE 08:38 AM WELD COUNTY PUBLIC WORKS FAX NO. 970 304 6497 P. 01/01
(it
MEMORANDUM
TO: Kim Ogle, Planning Services DATE: April 11, 2006
•
COLORADO FROM: Donald Carroll, Engineering Administrator pe
SUBJECT: USR-1529, Nelson Mining Resource
I have reviewed the quantities and unit costs for the transportation portion Identified in the Exhibit A document.
All unit costs and quantities appear to be adequate to complete the project.
The Weld County Public Works Department recommends acceptance of the Exhibit A portion of USR-1529.
As you are aware, the Clerk to the Board always prefers original documents and signatures over email
documents or fax documents.
All other non-transportation items should be verified by Planning Services prior to scheduling.
pc: USR-1529 M:IRLANNING-DEVELOPMENT REVIEW\USR•Use by Special Rev1evAUSR•1524B.doc
r
Weld County Planning Department
SOUTHWEST BUILDING
ASPHALT APR 272006
RECEIVED
SPECIALTIES CO .
10100 Dallas St. • Henderson, CO 80640 • (303) 289-8555 • Fax: (303) 289-7707
ASPHALT SPECIALTIES CO. MEMO
TO: Kim Ogle,Plannin Manager,Weld County
FROM: Rob Laird 2S•
DATE: 4-24-06
RE: Improvements Agreement and Subdivision Bond for Nelson Mining Resource,
USR-1529
CC: File
Kim:
As required by Weld County, enclosed are the two documents needed to complete the
Final Plat for the referenced Use by Special Review as approved by the Weld County
Commissioners on March 1, 2006. As part of that approval process, an"Improvements
Agreement" is required in order to ensure completion of certain items of the approval and
bonding of the Agreement to back-up the completion. These items are enclosed and have
heretofore been reviewed and approved by both you and Don Carroll of the Weld County
Public Works Dept.
Please ensure that that the Improvements Agreement is signed and attested to by the
Board of County Commissioners and Clerk to the Board. Please return a recorded copy of
the Agreement to me.
Thank you for your attention to this matter.
081
IMPROVEMENTS AGREEMENT AC CORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this 1_day of Apra_ ,2096,by and between
the County of 1Weft!,State 1o�f,Colorado,acting through its Board of County Commissioners,hereinafter c ailed"Co unty,"
and k4eL6 �� dflies Co.,J, , 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:
The E''/ of-the SEA o-FSee.3I,T3N,Rb7W, 1, P.M.,vJeldCbulshy,Co.
WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be known as
f'Jektn Min�llc}R .re (u5Rf152.9) 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
documents 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 Exhib its "A"and "B"of this Agreement.
NOW,THEREFORE,IN C O N SI D E RATION 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 listed on Exhibit
"A," which is attached hereto and incorporated herein by reference.
1.1 The required engineering services shall be performed by a 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 roads 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 reproducible"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 proposed improvements.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit
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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 strict conformance 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 County; 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 test 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 terms 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 ofall 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 may be 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 p laced 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.
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6.2 County may, at its option, issue building permits for construction on lots for which street
improvements detailed herein have been started but not completed as shown on Exhibit"B,"and may
continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit
Development improvem ents in that phase of the develo pment is satisfactory to the C ounty; and all
terms of this Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit Development and
the filing of a Statement of Substantial Compliance,the applicant(s) may request in writing that the
County Engineer inspect its streets and recommend that the 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 are 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 within 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(1)year after the Final 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 improvements are updated and collateral is provided in the amount of One-Hundred
percent(100%)ofthe value ofthe 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 of the collateral and take steps to see that the improvements are made.
7.2 The applicant may choose to provide for a phased develop ment by me ans 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 that are not covered by collateral which will prohibit the conveyance
of the property or the issuance of building p ermits until collateral is provided or until impro vements
are in place and approved pursuant to the requirements for a Request for Release of Collateral.
7.3 The applicant intends to develop in accord ance 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 County. 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 Letterof Credit shallprovide for paymentupon demand to Weld County if the developer
has not performed the obligations specified in the Improve ments Agreement and the issuer
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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,at all times the unreleased portion of
the Letter of Credit shall be equal to a minimum of One-Hundred percent (100%) of the
estimated costs 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 prop erty 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 encumb rances.
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 County Board o f Commissioners.
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8.3.3 The escrow agent will be a Federal or state-licensed bank or fmancial institution.
8.3.4 If Weld County determines there is a default of the Improvements Agreement, the escrow
agent,upon request by the Co unty,shall release any remaining es crowed funds to the County.
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(100%)of the value of the improvements as specified in
the Improvements 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 am 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" in the 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 governmental 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 or schools,said actions shall be secured in accordance with one of
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the following alternatives,or as specified in the Planned Unit Development(PUD) Plan, if any:
10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations
shall be dedicated to the County or the appropriate school district,for one of the above purposes. Any
area so dedicated shall be maintained by the County or school 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 Platsubmission 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 B oard 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.
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6
IN WITNESS WHEREOF,the parties hereto have caused this Agreementto be executed on the day and year
first above written.
APPLICANT: ---.
.
- ir ≥
ait�J1 W die halt QltIe 63,,Ines.
17
At rt: A55-fr..Secretan/ 5P — es,
TITLE. Keith A• f ctwcir A <+O
a CORPORATE
in-lb-7__day of V
Subscribed and sworn to before me this �, , 20�J L. SEAL Z
Q a 1992 / A
My Commission expires: �-.l b,,„ l
o
Nip *i,>
_....)
('/11 �� Cowdnienfgls1,1707
ATTEST: ffi(,���,/,�/,�d ' E L4 BOARD OF COUNTY COMMISSIONERS
t �rr'�^i `� ;WELD COU J' , COLORADO
Weld County Clerk to the Board 367 r
�, . Geile ,Chair 05/T2/2006 eeli BY. I
"VAC
' , t`. „►�
puty CI to the Board
APPROVED AS TO FORM:
County Attorney
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07ze -439,9
EXHIBIT "A"
Name of Subdivision __
or Planned Unit Development rle I 1'�f 1 Mtrlln IRetcu YC,e utp-f s21
Filing Lie g' isal
Location: '(\1 ear- NIALAnadrant W(t>$'-a6/WCR-151Weld (cur11�.
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 150 Cu.Yds. 317.57 41,635. 50
Street grading 400 t'tu,Yds. 'b I.66 t b64.00
Street base 12,0 Ton $19. 69 3 2. 362. eo
Street paving 6$ Tan 352.82 f 4,698. lb
Curbs,gutters,and culverts
Sidewalk
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 (e2 to Qntyy 1 1 �1o�°0 41.5=0.**
Landscaping ((� 6ee4 m°IP.h .tntk 0.35 Acre 2 15oP°*1.2o2.°'
Park improvements t a0 CO
l cod et-s �I8 Each # " 54. 43,042.
Road culvert (TrreirrSation Pik i purn�7 1,260 ft. # I 43 ;34.45.°°
Grass lined swale
Telephone
Gas
Electric
Water transfer
SUB-TOTAL: 4 19,199.46
•
Engineering and Supervision Costs $ *3r 661.62.
(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 $22,767.08
The above improvements shall be constructed in accordance with all County requirements and specifications, and
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conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Said improv nts shall be completed according to the construction schedule set out in Exhibit"B."
By: yt.01r.r.T/C
Applicant fait �+4ftie5Gdo.7T e. ,�5 S
provident,
Thniel W.that CO
1 -.a�G a _____ COF1PORATE
Applioant ',v %ex. �y co :SEAL
Attest: Keith 11 A. rroLr
1992
Date:4(_Jj , 20 O G .
°OtoRiAO0
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
1 111111 11111 11111 Ill IIII 1111 1111111 III 11111 IIII IIII
3398081 06/22/2006 01:39P Weld County, CO
9 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
9
EXHIBIT "B"
Name of Subdivision LA
, IG
or Planned Unit Development_ 11111
Filing .ut -11,1529 ,{. ����t� ����r�� r ^I, /'�,�,�j
Location: NiQby 'v.W• .�) ed\b RIgkinI:J�_�€� Cci,2 i1 z c .
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__1 _year/from the date of approval of the final plat. Construction
of the improvements listed in Exhibit"A" shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading See '
Street base See 0*
Street paving See *4S-
Curbs, gutters,and culverts
Sidewalk
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 monuments and boxes
Street lighting
Street name signs
Fencing requirements See el*
Landscaping Seen'
Park improvements See inaf
Road culvert See'1'
Grass lined swale
Telephone
Gas
Electric
Water Transfer
SUB-TOTAL:
The above ini roveme(Its will nut be fha6ed and will be eompletta
49 -rolloYit;
f'Prior ho gyround-breaking dote for mngtruction exl facility.
444 Prior f o oj,eration 0c facility.
111111111111 1111111111111111 IIII 1111111 III 111111111 1111
3398081 06/22/2006 01:39P Weld County, CO
10 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 grant an extension of time for completion for any
particular improvements shown above,upon a showing by the Applicant that the above schedule cannot be met.
rSP�CI�T�FS
Applicant , iliactom, .1.-411E1e et,,,Tie.. OD
zan)ei W.ki aft
-.(C y CORPORATE
-a4 _alai- _ Q ,SEAL n
ANli‘a,itAS. excreta
ibest. 14eit11 A. rInr 1 •9.9Z
Date: /9 , 20 06 .
Tide CICcoRIA°O
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
111111111111 11111 1111111 III1 11111111111 III 111111 III III1
3398081 06/22/2006 01:39P Weld County, CO
11 of 11 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
11
SUBDIVISION BOND,
Bond No.929394268
KNOW ALL MEN BY THESE PRESENTS,that we Asphalt Specialties Co., Inc.
10100 Dallas Street Henderson, CO 80640
as Principal,and Western Surety Company
authorized to do business in the State of CO ,as Surety,are held and firmly bound unto
Board of County Commissioners of Weld County, Colorado '
as Obligee, in the penal sum of Twenty Two Thousand Seven Hundred Fifty Seven Dollars and Eight Cents
($ 22,757.08 )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, Asphalt Specialties Co., Inc.
has agreed to construct in Weld County, CO
the following improvements; Nelson Mining Resource (USR-1529) Private Road Maintenance. Improvements as listed
in Exhibits"A" and "B". Property described as The E 1/2 of the SE 1/4 of Sec. 31, T3N, R67W, 6th P.M., Weld
County, CO
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. steCIALT7FS
Signed,sealed and dated this 19th day of April , 200•.
O
Q CORPORATE .z
Asphalt Specialties Co., Inc. :SEAL
By: ► !mot 1F92 .
COC ORi4Dd
West urety Comp
B
DiLynn Guer y-in-Fact
5-3889/GEEF 2/98
V vestern Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation
having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby
make,constitute and appoint
J R Richards, James S Rosulek, Florietta Acosta, Frank C Penn, Donald E Appleby, Dilynn
Guern, Kristen L Mc Cormick, Kevin W Mc Mahon, Susan J Lattarulo, Lisa T Solove,
Individually
of Denver,CO,its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts—
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by
the shareholders of the corporation.
In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 18th day of January,2006.
WESTERN SURETY COMPANY
f-_
Paul .Bruflat,Senior Vice President
State of South Dakota J
ss
County of Minnehaha
On this 18th day of January,2006,before me personally came Paul T.Brunet,to me known,who,being by me duly sworn,did depose and say: that
he resides in the City of Sioux Falls,State of South Dakota;that he is the Senior Vice President of WESTERN SURETY COMPANY described in and
which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was
so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and
acknowledges same to be the act and deed of said corporation.
My commission expires ++++++++++++++++++
D. KRELL•
November 30,2006 E NOTARY PUBLIC
SOUTH DAKOTA
D.Krell,No Public
CERTIFICATE
I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this_19th day of Auril 7006 .
kat ' WESTERN SURETY COMPANY
se Avii
L.Nelson,Assistant Secretary
Form F4280-0I-02
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
C
COLORADO
June 17, 2009
WESTERN SURETY COMPANY
101 S PHILLIPS AVENUE
PO BOX 5077
SIOUX FALLS, SD 57117-5077
RE: Subdivision Bond #929394268 for Asphalt Specialties Co., Inc.
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 Performance Bond.
As you are aware, on the 19th day of April, 2006, Western Surety Company, issued a Subdivision Bond
on behalf of Asphalt Specialties Co., Inc. naming the Board of County Commissioners of Weld County
as beneficiary. The dollar amount of the Performance Bond was established at Twenty-two Thousand
Seven Hundred Fifty-seven and Eight cents ($22,757.08).
The terms of the Performance 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 Performance Bond, or if you
disagree with any statement contained in this letter, please call Donna Bechler, at 970-356-4000, ext.
4227.
Very truly yours,
Donald D. Warden
Clerk to the Board
By:
Deputy Cle to the Board
pc Asphalt Specialties Company, Inc. do Harold and Laverna Nelson
itttitks
CLERK TO THE BOARD
PHONE(970)336-7215, Ext.4225
FAX: (970)352-0242
' P. O. BOX 758
GREELEY, COLORADO 80632
C.
COLORADO
June 17, 2009
WESTERN SURETY COMPANY
101 S PHILLIPS AVENUE
PO BOX 5077
SIOUX FALLS, SD 57117-5077
RE: Subdivision Bond#929394268 for Asphalt Specialties Co., Inc.
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 Performance Bond.
As you are aware, on the 19th day of April, 2006,Western Surety Company, issued a Subdivision Bond
on behalf of Asphalt Specialties Co., Inc. naming the Board of County Commissioners of Weld County
as beneficiary. The dollar amount of the Performance Bond was established at Twenty-two Thousand
Seven Hundred Fifty-seven and Eight cents ($22,757.08).
The terms of the Performance 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 Performance Bond, or if you
disagree with any statement contained in this letter, please call Donna Bechler, at 970-356-4000, ext.
4227.
Very truly yours,
Donald D. Warden ieta;Vell fr
AeritY
Clerk to the Board n
By: AO GL L� 6/5/a 9
Deputy Cle to the Board
ePart1114 Ati
pc Asphalt Specialties Company, Inc. Go Harold and Laverne Nelson /u�
4
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SENDER: COMPLETE THIS SECTION COh1PLC rF PHIS scc TION oM oeuvT rtv
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