The URL can be used to link to this page

Browse Search

Home My WebLink About20060598.tiff RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS,AUTHORIZE CHAIR TO SIGN,AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#1493 - COPART 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 30, 2005, the Board of County Commissioners approved Use by Special Review Permit#1493, for Copart Inc., c/o Stephen Brancucci, 3571 West 111th Drive, Unit B, Westminster, Colorado 80031, for a Commercial Junkyard and Salvage Yard in the 1-3 (Industrial) Zone District on the following described real estate, to-wit: Part of the NE1/4 SE1/4 of Lot B of Recorded Exemption#3932;being part of Section 30,Township 1 North, Range 66 West of 6th P.M., Weld County, Colorado WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado,by and through the Board of County Commissioners of Weld County, and Copart Inc., with terms and conditions being as stated in said agreement, and WHEREAS,the Board has been presented with Cashier's Check#9494003295 from Bank of America, in the amount of$19,025.00, and WHEREAS,after review, the Board deems it advisable to approve said agreement and accept said Cashier's Check 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 between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County, and Copart Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED that Cashier's Check#9494003295 from Bank of America, in the amount of$19,025.00, be and hereby is, accepted. 2006-0598 (0 ; aC pto 4,DL, FJ Co? PL1769 IMPROVEMENTS AGREEMENT - COPART INC. PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 1st day of March, A.D., 2006. Illi "'l'ir BOARD OF UNTY COMMISSIONERS / fJ :h LD CO COLORADO ATTEST: " c tat) 1( =' '...IA /41„, Geile, Chair Weld County Clerk to the B ;- -.,4I CUSED tip• N 1 David E. Long, Pro-Tern BY:(),11ti A /z1�. M, ...rlDuty Cl k to the Boa ,1_,-)// -v,--( William H. Jerke AP D AS TO FO A‘i\D Rob rt Dee D. Masden my ttorney EXCUSED l Glenn Vaad Date of signature: 3/13/O(/' 2006-0598 PL1769 734 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS FOR USE BY SPECIAL REVIEW NO. 1493 THIS AGREEMENT, made and entered into this 13 day of February 2006,by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called"County," and Copart, Inc.,hereinafter called"Applicant." WITNESSETH: WHEREAS, Applicant is the owner of the following described property in the County of Weld, Colorado: See attached Exhibit 1 WHEREAS, a Use by Special Review plat of said property has been approved by the County, and WHEREAS,relevant Sections of the Weld County Code provide that no USR Plat shall be recorded by the County until all improvements for the property have been constructed or completed or in the alternative the Applicant has submitted an Improvement Agreement guaranteeing the construction of the required improvements shown on the plat, along with a time schedule for completion of those improvements which are listed in Exhibits"A"and"B" of this Agreement. NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the recording of said USR Plat, the parties hereto promise, covenant and agree as follows: 1.0 Construction: Applicant shall furnish and install, at its own expense,the 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. 1.1 The construction of the improvements identified in Exhibit"A" shall be in strict conformance to the plans and drawings approved by the County. 1.2 The 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 request by the Applicant. 2.0 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 1 1111 11111 11111 1111111 11111 II 11111111 III 11111 IIII lilt 3372734 03/23/2006 01:27P Weld County, CO 1 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 2006-0598 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. 3.0 General Requirements for Collateral: 3.1 The value of the 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 the recording of the USR Plat,the collateral to be utilized to secure the improvements should be approved by the Board of County Commissioners and upon approval the Commissioners shall execute this Agreement. The improvements shall be completed within one (1)year after the recording of the USR Plat, unless the applicant requests 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%) 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 of the collateral and take steps those actions necessary to cause the improvements to be completed. 3.2 The applicant intends to complete the improvements in accordance with Exhibits "A"and"B." 4.0 Request for Release of Collateral: Prior to release of collateral for the improvements, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the improvements have been completed in substantial compliance with approve plans and specifications and further stating the Engineer or representative of the Engineer has made regular on-site inspections during the course of construction and the improvements has completed are the same as those approved by Weld County. Upon receipt of the request and letter of substantial compliance, Weld County shall release collateral to the applicant within twenty-one (21) days of receipt by Weld County. 5.0 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. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year first above written. APPLICANT: 6 Copart Inc. Paul A. Styer, Secretary TITLE: Secretary of Copart, Inc., a California corporation on behalf of the corporation. 1111111 11111 11111 1111111 11111 11 11111111 III 11111 1IiI IIII 3372734 03/23/2006 01:27P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder d _.�� KATIE LEE CHAO 1 ��.. Commission a 1355169 i i��r�..t` q Notary Public-California f tf`ii Solano County Subscribed and sworn to before me this I3. - day of February, 2006. ` MyComm.ExpiresMay5,2006 My Commission expires: c L V tar' blic Mai 5 2-6124 ATTEST: Lai i ► ER, � P OF COUNTY COMMISSIONERS ! 1 A/ COUN Y, COLORADO 1' 's',' Weld County Clerk to the Board tt6t ( —i f:, i ", '•.in' . J RI J. Geile Chair De ty Clerk to the Board, " MAR 01 2006 APPROVED AS TO FORM. d ounty Attorney IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3372734 03/23/2006 01:27P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Page 3 of 5 &CC 6: CS9GP EXHIBIT"A" Use by Special Review No.1493: 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 Costs Construction Cost Fencing requirements in lineal feet 817.88 23.26 19,025.00 TOTAL: TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 19,025.00 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized a nt. Said improve nts leted according to the construction schedule set out in Exhibit"B." By: Applicant, Copa , Inc. Paul A. Styer, Secretary TITLE: Secretary of Copart, Inc., a California corporation on behalf of the corporation. Date: February , 2006. 11111111111111111111111111111111111111 ill Mill liii 3372734 03/23/2006 01:27P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT"B" Use by Special Review No.1493: Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. The improvements shall be completed within one(1) year from the date of the recording of the USR 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 Fencing requirements August 1, 2006 The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any articular improvements shown above, upon a showing by the Applicant that the above schedule c of b et. • By: Applic t, opart, c., Paul A. Styer, Secretary TITLE: Secretary of Copart, Inc., a California corporation on behalf of the corporation. Date: February I ,2006. 1 111111 11111 11111 1111111 11111 11 11111111 III 1111111111111 3372734 03/23/2006 01:27P Weld County, CO 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 5 of 5 44ft MEMORANDUM TO: Board of County Commissioners January 15, 2006 COLORADO FROM: Jacqueline Hatch SUBJECT: USR-1493, Stephan Brancucci - Copart • The Department of Planning Services has received a cashier's check for the Private Improvements Agreement for USR-1493 (Copart). The collateral for the Improvements Agreement is in the amount of nineteen thousand and twenty five dollars ($19,025.00)for the remaining fencing. After review of the collateral by the Department of Planning Services and the Department of Public Works, it has been determined that the amount of the agreement will be sufficient to complete the work required for USR-1491, and the Department of Planning Services recommends acceptance of this collateral. GLEN DROEGEMUELLER Attorney at Law 1035 37th Ave.Ct. Greeley,CO 80634 Phone:(970)304-0362 Fax:(970)353-4040 Email:glen@glendroegemueller.com Bank of America %� Cashier's Check No. 9494003295 s i"' s , n / s 4 S ,. ----7----7NA i' 1 + !' cf--., 9,'-a, i N �' �L , 'e : Soffit/114b DA13/ __ ,Set /' 1*as . ,,//' \ \/\`(; `� 03)13/ 0(16 02-43:51 P&K De„eta- setiiees ******$19 025.00 To The WELD COUNTY,COLORADO, Ordef'Of TASK#AGZPS voW 66er S 19,025.00 Remitter. COPART INC AuTHOAIYE¢5IGNATUR_ . n'949400329511' L21000358l: L3 9 728 50 75n• a ORI 5MAs.REFLECTIVEVNATENMABKQN-TNE6ADK. ' 4a,„HOL ATAN #NCatGefo viEWiWAENtHE0KING THE ENDORSEMENTS. Sa Hello