HomeMy WebLinkAbout20020920.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) AND
ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#1329 -
LOVELAND READY MIX CONCRETE, 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 June 20, 2001, the Board of County Commissioners did approve the
application of Loveland Ready Mix Concrete, Inc., P.O. Box 299, Loveland, Colorado 80539, for
a Site Specific Development Plan and Use by Special Review Permit#1329 for an Open Pit
Gravel Mining Operation and Concrete Batch Plant in the A (Agricultural) Zone District on the
following described real estate, to-wit:
Lot A of Recorded Exemption #134; being part of
the NW1/4 and part of the NE1/4 of Section 30,
Township 5 North, Range 67 West of the 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
(Private Road Maintenance) between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, and Loveland Ready Mix Concrete, Inc.,
with terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with a Subdivision Improvements
Performance Bond #880901S, in the amount of $39,256.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Subdivision Improvements Performance 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 Loveland
Ready Mix Concrete, Inc, be, and hereby is, approved.
BE IT FURTHER RESOLVED that the Subdivision Improvements Performance Bond
#880901S, in the amount of$39,256.00, be and hereby is, accepted.
,� 2002-0920
de., /2 f 143 /ode/lrh d' &4y * Ai PL1520
IMPROVEMENTS AGREEMENT - LOVELAND READY MIX CONCRETE, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of April, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORAD
ATTEST: p ,
len aad, Chair
Weld County Clerk to the �•ar' C a-
.avidE. Lo g, ProTemBY: , * },yc ? 4
Deputy Clerk to the Boar—
M. J. it .l1
APPROVED S TO FORM:
EXCUSED
William H. Jerke
ounty Attorney II . P i—
R bert Masden
Date of signature: 2S
2002-0920
PL1520
lunge MEMORANDUM
COLORADO
To: Board of County Commissioners March 5, 2002
From: Robert Anderson, Planner
Subject: Acceptance of Performance Bond 880901S (USR-1329, Loveland Ready
Mix/Green-Croissant Pit)
On March 5, 2002, the Department of Planning Services received a Performance Bond No.
880901S for Loveland Ready Mix, for Private Improvements on a parcel of land described as Lot
A of Recorded Exemption 134, being a part of the Northwest Quarter and part of the Northeast
Quarter, Section 30, Township 5 North, Range 67 West of the 6`h Prime Meridian, Weld County,
Colorado located south of and adjacent to Weld County Road 54 &west of and adjacent to Weld
County Road 13, Case number USR-1329, in the amount of Thirty-nine thousand, two hundred
fifty-six and no/100's, ($39,256.00).
Items covered under this Letter of Credit include:
Site grading $ 320.00
Street Grading $ 411.00
Street base $ 1,460.00
Street paving, Interior Lot $ 2,252.00
Fencing $ 13,750.00
Landscape Materials $ 8,100.00
Preparation $ 5,356.00
Installation $ 4,038.00
Engineering and Supervision $ 3,569.00
Total Estimated Cost of Improvements and Supervision $ 39,256.00
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 the private Improvements to USR 1329, and the Department of Planning Services
recommends acceptance of this Letter.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
d elt-q-DfaO
PL J5ao
‘11:'
eld County Planning Department
MEMORANDUM : ;:
ty
0
TO: Robert Anderson, Planner I DAR:EICEI21/E,D01
FROM: Donald Carroll, Engineering Administrator \ a�
�. SUBJECT: USR-1329; Loveland Ready Mix, Inc.
COLORADO
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I have reviewed the on-site and off-site Improvements Agreement Regarding Collateral. The transportation
portions in both items are adequate to complete the project.
The Weld County Public Works Department recommends acceptance of these items.
All other non-transportation items shall be verified by Planning Services prior to scheduling.
pc: USR-1329 file
M:\WPFILES\DON-C\PLAN4USR.WPD
201
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this/5 day of )p,t2:1____,20a,byand
between the County of Weld, State of Colorado, acting through its Board of County Commissioners,
hereinafter called`County,"and Loveland Ready Mix Concrete, Inc. 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:
•
WHEREAS,a Final Subdivision/Planned Unit Development(MD)plat of said property,to be
known as Green/Croissant Sand and Gravel Mine and Concrete Plant has been subminedtote
County for approval,and
WHEREAS,relevanz Weld CotmtyOrdinancsprovide that no Subdivision FinalFlat,PlannedUnit
Development Final Plat,or Site Plan shall be approved by the County until the Applicant has submitted a
Subdivision lmprovernent Agreement guaranteeing the construction of the public improvements shown on
plans,plats and supporting documents of the Subdivision Final Plat,Planned Unit DevelopmcntFinal Plat,
or Site Plan,which improvements,along with a time schedule for completion,are listed in Exhibits"A"and
"R"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 naineerme 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 inrprovcments 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 die County for public improvements.
1.2 The required engineering services shall consist of,but not be limited to,surveys,
desi gns,plans and profiles,estimates,construction supervision,and the submission
of necessary documents to the County.
Mimi ON
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13 Applicant shall futnishdrawings and costestimatesforroads within the Subdivision
or Planned Unit Development to the County for approval prior to thc letting of any
construction contract. Applicant shall furnish one set of reproducible"as-bunt"
drawings and a final statement of construction cost to the County.
2.0 jtiphts-of-Watand Easements: Before commencing the construction of any improvements
herein agreed upon.Applicant shall acquire,at its own expense,good and sufficientrights-
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 Development improvements listed on Exhibit"A,"which is attached hereto
and incorporated herein by reference, according to the construction schedule set out in
Exhibit 413"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 orPlarmed Unit Development is proposed
within threem lies 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 conununity. 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.
cos 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 flattish copies of test results to the County.
33 At all times during aid 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.
3A Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems,water,gas,electric and telephone
serviced..
3.5 Said Subdivision or Planned Unit Development improvements shall be completed,
according to the terms of this Agreement, within the construction schedule
appealing in Exhibit"B." The Board of County Commissioners,at its option,may
grant an extension ofthe time of completion shown on Exhibit"B"upon application
by the Applicant subject to the terms of Section 6 herein.
rasa cm
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4.0 Release of Liability:Applicant shall indeamify 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 improvements maybe 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.
62 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 13."and may continue to issue buildingpemits so long as the progress
of work on the Subdivision or Planned Unit Development improvements in that
phase of the development is satisfactory to the County; and all terms of this
Agreement have been faithfully kept by Applicant
6.3 Upon completion ofthe construction of streets within a Subdivision orPlanned 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 of County 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(e)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
sbc shall recommend full approval. Upon a receipt of a positive tmqualified
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.
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7.0 General Ream ttIt Scr 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 Cou ntyextend
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. ]he improvements shall be completed within one(I)year after the
Final Plat approval(not one year after acceptable collateral is submitted)unless
the apnlicart(s)requests that this Agreement be renewed at least thirty CO)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 he
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 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 that are not covered by collateral which will prohibit the conveyance of the
property or the issuance of building permits until collateral is provided or until
improvements are in place and approved pursuant to the requirements fora 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 foul approval by the Board of County Commissioners.
8.1 An irrevocable I etter ofCredit 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 improvuuc.,its as set forth in
Section 6.0 and Exhibits"A"sad"B."
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld
County if the developer has not performed the obligations specified in the
Improvements Agreement and the issuer has been notified of such default
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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 thc 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 thc Improvements
Agreement(i.e.,streets,sowers,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 patent(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 ofproposed 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 front 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 Conm issioncrs.
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:
82.1 In the event property within theproposed 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.L)indicating that the value of the property encumbered in its current
degree 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 2.2 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
ptopet ty 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 sufhcientto coverOne-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.
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8.2.4 A building permit hold shall be placed on the encumbered property.
83 Escrow Agreement that provides at least the followinn:
83.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the
amount specified in the Improvements Agreement.
8.31 The escrow agent guarantees that the escrowed funds will be used for
improvements as specified in the agroemcnt and for no other purpose and
will not release any portion of such funds without prior approval of the
Weld County Board of Commissioners.
83.3 The escrow agent will be a Federal or state-licensed bank or financial
institution.
83A If Weld County determines there is a default of the Improvements
Agraunnt,the escrow agent,upon request by the County,shall release any
remaining escrowed 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-iundred 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 Reouestfor 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 projectoraportion
of the project has been completed in substantial compliance with approved plaza 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 (CDQT)
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 mustbe accompanied,if appropriate,by
a letter of acceptance of maintenance and responsibility by the appropriate utility
company,special district or town for any utilities.
Retiall
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9S A letter must be submitted from the appropriate Fine Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall
indicate if the fee hydrants arc operational and state the results of fire flow tests.
9.6 The requirements in paragraphs 9.0 thus 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 County,the applicants)may
request release of the collateral for the project or 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 collater lshallbeaccompaniedby'WarrantyCollaten1
in the amount of fifteen percent(15%)of the value of the improvements as shown
in this Ag.ecm ent excluding improvements fully accepted for maintenance by the
responsible governmental entity,special district or utility company.
9.9 The venraatycollate alshallbereleasedtotheapplicantuponfmalapprovalbythe
Boand of County Commissioners.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners,pursuant to a
rezoning,Subdivision orPlanned Unit Development,requires the dedication,development
and/or reservation of areas or sites other than Subdivision or Planned Unit Development
• streets and utility casements 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 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. My area so dedicated shall be maintained
by the County or school district
10.2 The required acreage as determined according to the Weld County Subdivision
Ordinance,maybe reserved through deed restrictions as open area,the manrtcnance
of which shall be a specific obligation in the deed ofeach lot within the Subdivision
or Planned Unit Development
103 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 of the required acreage as
determined accordingto the Weld County Subdivision Ordinance. 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
expcaded for parka at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors,
personal represcatatives,successors and assigns oftheApplicant,and upon recordingby 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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III
IN WITNESS Wll<EREOF.the parties hereto have caused this Agreement to be executed on the ,,,,
day and year first above written �_ !e••,
APPUCANT: Loveland Ready Mix Concrete, Inca•- '
APPLICANT: '''d - O ,
TIILE: lY le
rH :igI,,
Subscribed and sworn to before me this/4 day of ✓' /�y .20e2! \. :N.':..-.-. ..-:...3..i...":\..
�
My Commission expires: ee' I 3 .. .....,� -(.s,, 10-
No Public 6
BOARD OF COUNTY COMMISSIONERS
WEi.D COUNT):Oi o
Cl�THIltkik Vaa , CJ}a r r"1 /S�`�-
�,•�`
David E Long, Pr Tem
ATTEST: % .r`!' a ://%
1861 Cry ZS►�4% M. • Geile
Weld County Clerk c :• 1`I �i�►►` •� `-t.t• 1 )/A-,., -
1 erk
BY:£L �.L.
't,� %i„ y A ck U r
Deputy Clerk to the Board rt D. Masden
APPROVED AS TO FORM: _
Conn A
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EXHIBIT"A"
Name of Subdivision
orPlannedUnitfcvclopmen Green/Croissant Sand and Gravel Mine and Concrete Plant
Use by Special Review#1329
Filing: —.
Southeast corner of WCR 13 and WCR 54(LCR 18)
Location:
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
Subdivision or Planned UnitDevelopment the following improvements. (Leave spaces blank where they do
not apply)
Estimated
Jmproysments Unit Cost Construction Cost
Site trading $0.16/SY $ 320.00
Street grading $0.71/SY $ 411.00
Street base $6.45 SY for road J$860 1.35 SY for pkg.area($600) $ 1,460.00
$teetnavint $11.45 SY for road($1527)/$1.63 SY for pkg. area($725) $ 2,252.00
(lairs.gutters,and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
7 rusk and forced lines
Mains
Laterals(house connected)
On-site Beware facilities
' On-site water wanly and storage
Water mains(Includes bore)
Freltvdrants
Survey and street monuments and boxes
Street lighting
Street name signs
Fencing requirements $12.85/LF $13,750.00
Landscaping Landscape Matenals $ 8,100.00
Pane improvements landscape Preparation $ 5,356.00
Road culvert Landscape Installation $ 4 038 on
Gras lined swale
Telephone
Gas
j lect(c
Water transfer
SUB-TOTAL:
Engineering and Supervision Cons S $ 3,569.00
(resting,inspection,as-bwlt plans and work in addition to preliminary and final plat;supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF LMPROVPJvWNTS AND SUPERVISION S $39,256.00
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The above ht t'ovementsshallbeconstructed inaccordancewithallCountyrequircmcutsendcpe:mcatioos,
and conformance with this provision sballbedeterndaed solelyby Weld County,or Its duly
Said improvements shall be completed according to the construction schedule set out in Exhibit"B."
By Loveland Ready Mix Concrete, Inc. /�
Applicant Aar, /' r "•,,
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Applicant F ;��b ,, :
J
S/Vcc43 < w _ Date: f 1 S ,20 C`�. fly J, 0 °
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
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mama"IP
Name of Subdivision Green/Croissant Sand and Gravel Mine and Concrete Plant
or Pimped Unit Development:_
Filing: Use by Special Review#1329
Location: Southeast comer of WCR 13 and WCR 54(LCR 18)
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
Subdivision or Plumed Wit Development the following improvements.
Alt tmprovem its shell be completed within See belovyears from the date of approval of the final plat
Construction of the improvements listed in Exhibit"ATM sba]be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Jime for Completion
Site grading See
Street base See"
Street navin# .Roo"
Curbs.nutters,and culverts
Sidawralk
Storm sewer facilities
Retention ponds
Ditob in,n ovcmcnts
Subsurface drainage
UMW/Jew=
Trunk and forced lines
Mains
Laterals Ihouse connected)
On-ate sewage facilities
On-dtc wince sanely and storm
Water mains
fire hydrants
Survey and street monuments and boxes
Street liahtitte
Street rwne signs
fencingreanirements evx
IAredccapins See
yarkimrrovements
Road culvert
Grass lined swale
Telephone
Gas
Electric
WattsTr nsfa
SUR-TOTAL:
The above Improvements will not be phased and will be completed as follows:
Prior to ground breaking of site for construction of facility
"Prior to operation of facility
11 INS O e
rfMaO Naw.M1WArt
1 11 1111 1 1111 111111111111 III 1111111 11111 III 111111 III 1111
2946201 04/26/2002 11:12A JA Suki Tsukamoto
11 of 12 R 0.00 D 0.00 Weld County CO
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.
Loveland Ready Mix Concrete, Inc. """" ,,,
Applicant AgsT 7�. L/ , r4??*-�'........ ��-.A 11nn
w-r ^ C •
e?i1� - X1.3;7—arc ,,1 :• r
plicant `1
v Q'Odli00. es
�Gs57O6w7- Date: C'L- I5' ,200
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
1111111 11111 11111 I I 1111111111111 111 11111 HE
11111
2946201 04/26/2002 11:12A JA Suki Tsukamoto
12 of 12 R 0.00 D 0.00 Weld County CO
12 """`a"'
.c,..r.arn 1n.a su.nv.,s
41-11 4.
INSCO INSURANCE SERVICES, INC. Q o
'nsC i/✓1
�uco Underwriting Manager for:
L JJLO Developers Surety and Indemnity Company (//1
Indemnity Company of California
17780 Fitch,Suite 200•Irvine,California 92614•(949)263-3300
BOND NO. 880901S
INITIAL PREMIUM:
SUBJECT TO RENEWAL.
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Loveland Ready Mix Concrete, Inc.
as Principal,
and Developers Surety and Indemnity Company ,a corporation organized and doing business under and by
virtue of the laws of the State of Iowa and duly licensed to conduct a general surety business
in the State of Colorado as Surety,are held and firmly bound unto
The County of Weld,through its Board of County Commissioners, 1111 H Street, Greeley, Colorado 80632-0758
as Obligee,in the sum of Thirty Nine Thousand Two Hundred Fifty Six Dollars
($39,256.00 )Dollars,for which payment,
well and truly to be made,we bind ourselves,our heirs,executors and successors,jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS,the above named Principal entered into an agreement or agreements with said Obligee to:
Improve Private Road per Improvement Agreement between County of Weld and Loveland Ready Mix Concrete Inc.
As defined per Exhibit A @ Subdivision known as Green/Croissant Sand And Gravel And Concrete Plant.
NOW THEREFORE,the condition of this obligation is such,that if the above Principal shall well and truly perform said agreement
or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without
notice to the Surety,this obligation shall be void,otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at Englewood, Colorado
,this 16 day of January 2002
YEAR
"PRINCIPAL" "SURETY"
Loveland Ready Mix Concrete, Inc ` Developers S end Indem 4 Co n
N &Awry. CA BY:
Attorney-in-Fact
Albert aez
//eesioa>vr
1O-1277(REV.3/01)
•
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE,CA 92623•(949)263-3300
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA,do each severally,but not jointly,hereby make,constitute and appoint:
'ALBERTO PAEZ, CINDY L. JOHNSON, WILLIAM J. KOSHEWA, JR., JOINTLY OR
SEVERALLY***
as the true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts
of suretyship giving and granting unto said Attorneys)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in
connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said
Attomcy(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November I,2000:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of
Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the
Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,
undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8th day of November,2000.
By: ,.,.,o.
David H.Rhodes,Executive Vice President 'P,SYAND.�')'OF%, AGOM PO V O
nJ.Gap i3 2=GOB 2.091
;lilt SEAL ocrs 1.o
:O? 1936 p= 2 1967
By: ') St a a
Walter A.Crowell, Secretary S")) /OW. +e-dD.•' 041./FO r-
,, o .,.*,. ,,,
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE
On November 8,2000,before me,Diane J.Kawata,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of
satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized
capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument.
WITNESS my hand and official seal.
;/� V t, ` ' COMMJ.KAW92S
,OLt 11 "�1(�lAr.St Ir7TY COME..1187829. m
•:ar.,y,NOLWYPOBUC-CALIFORNIA
Signature L n \f.,c:% ORANGE COUNTY
My Cam.B0.Jne,2002
CERTIFICATE
The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does
hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective
Boards of Directors of said corporations set forth in the Power of Attorney,arc in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,the 16th day of January , 2002 .
By 04) 4
David G.Lane,Chief Operating Officer
ID-1380 f11/00)
BOND RIDER
DEVELOPERS SURETY AND INDEMNITY COMPANY
17780 FITCH SUITE 200,IRVINE CA 92614
DATE OF NOTICE BOND NUMBER TYPE OF BOND LICENSE#
2/8/2002 880901S Subdivision Improv
Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions
agreements, or warranties of the above mentioned bond, other than stated below.
OBLIGEE:
The County Of Weld Through Its
Board Of County Commissioners
1111 H Street
Greeley CO 80632
Gentlemen:
This Rider is to be attached to and form a part of the above captioned bond effective 01/16/02.
This Rider is on behalf of Loveland Ready Mix Concrete
Inc
understood and agreed, effective from above date, that:
Change The Address For The Obligee, Weld County From: 1111 H Street, Greeley, Co
To: 915 10th Street, Greeley, Co 80632
Provided, however, that the liability of the
company under the attached bond as changed
by this order shall not be cumulative.
Signed this 8 day of February, 2002
By 264----
Cindy L. Jo son, Att ney- }{�In-Fact
PRODUCER:
Direct Account Denver
7211 S Peoria Street Ste 290
Englewood CO 80112
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE,CA 92623•(949)263-3300
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA,do each severally,but not jointly,hereby make,constitute and appoint:
***ALBERTO PAEZ, CINDY L. JOHNSON, WILLIAM J. KOSHEWA, JR., JOINTLY OR
SEVERALLY***
as the true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts
of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in
connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said
Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. -
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of
Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship:and that the
Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,
undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8'h day of November,2000.
David H.Rhodes,Executive Vice President JQ.ES •P .ND�;I'OF (tCT
GOM PO Y OFf'
�,GOP Rg1 ,tiy =(, P /tg2F n
_¢` SEAL ` ' o
ew: ss�
By: U. O' 1936 Z
Walter A.Crowell, Secretary SNP t• 'OW P,,,. %,Foe?
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE
On November 8,2000,before me,Diane J.Kawata,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of
satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized
capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument.
WITNESS my hand and official seal.
f I WANE J.KAWATA
o (� \ IBPI'.. COMM.N7167B7Dit E
Signature L o t'Fq ORNYGerm). E n8,20
MY Cant ban 8,2W2
CERTIFICATE
The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does
hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective
Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of tins Certificate.
This Certificate is executed in the City of Irvine,California,the 8th day of Feblualy , 2002 .
By 4
David G.Lane,Chief Operating Officer
ID-1380(11/00)
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