HomeMy WebLinkAbout20020919.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PUBLIC 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 NW 1/4 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
(Public 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 #880900S, in the amount of$237,448.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Subdivision Improvements Performance Bond #880900S 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 (Public 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
#880900S, in the amount of$237,448.00, be and hereby is, accepted.
2002-0919
PL1520
pe:A ,o/4 live/and'eddy 7
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, CnLORA'O
ATTEST: j4i IE lsa
4�;• �� G -n Vaad, Chair
Weld County Clerk tot B•:
t ISM S0452.t r. l r
David E. L.- g, Pro-Tern
BY: i1_ ,.'��.`•,_ ��
Deputy Clerk to the B.: !I N � /��� •
M. J. eile
APPROVED AS TO FORM:
� EXCUSED
illiam
H. erkel r ounty Robert D. Masden
Date of signature: ���
2002-0919
PL1520
Att't4ivi
C. MEMORANDUM
COLORADO
To: Board of County Commissioners March 5, 2002
From: Robert Anderson, Planner III
Subject: Acceptance of Performance Bond 880900S (USR-1329, Loveland Ready
Mix/Green-Croissant Pit)
On March 5, 2002, the Department of Planning Services received a Performance Bond No.
880900S for Loveland Ready Mix, for Public 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 6th 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 Two hundred thirty-seven thousand,
four hundred forty-eight and no/100's, ($237,448.00).
Items covered under this Letter of Credit include:
Intersection Improvements - Weld County Roads 13 and 54 (LCR 18)
Including Engineering and Supervision $237,448.00
Total Estimated Cost of Improvements and Supervision $237,448.00
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 Intersection Improvements to Weld County Roads 13 and 54 (LCR 18), and the
Department of Planning Services recommends acceptance of this Letter.
SERVICE,TEAMWORK INTEGRITY,QUALITY
Pusan
203
IMPROVEMENTS AGREEMENT ACCORDING
POIICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLIC ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this,54- day of ,4/1iv'/ ,20 & by and
between the County of Weld, State of Colorado, acting its Board of County Conimissionets,
hereinafter called'County,"and Loveland Ready Mix Concre e, 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 Subdivisiot/Planned Unit Development(PUD)Plat of said property,to be
known as Green/Croissant Sand and Gravel _has been submitted to the County for approval;and
Mine and Concrete Plant
WHEREAS,relevant Weld County Ordin. en provide that noSubdivisionFinalPlat,PlannedUnit
Development Final Plat,or Site Plan shall be approved by the County until the Applicant has submitted a
Subdivision Improvements Agrees t 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 Exhibits"A"and
"B"of this Agtecmcnt.
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 nttineerina 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.
12 The required engineering services shall consist o£but not be limited to,surveys,
designs,plans andprofilcs,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. Before acceptance of the roads within the Subdivision or
Planned Unit Development by the County, Applicant shall finish one set of
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reproducible"as-bw1C drawings and a final statement of construction cost to the
County.
2.0 RRii htsof wav 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.
All such rights-of-way and easements used for the construction of roads to be accepted by
the County shall be conveyed to the County and the documents of conveyance shall be
furnished to the County for recording.
3.0 cona:ruction: 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"B"also attached hereto and incorporated herein by reference.
3.1 Said constriction 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 ofan incorporated community located in Weld County or located
in any adjacent county,the Applicant shall be required to install improvements in
accordance wroth 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 oonstnrction schedule
appearing in Exhibit B." The Board of County Commissioners,at its option,may
grant an extension of thetinme 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 lou and damage County may suffer as a result of all suits,actions or claims of
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every nature and description caused by,arising hem, 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,toss,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.
5.0 Off-Site lmprovements Reimbursement Procedure:The subdivider,applicant,or owner may
be reimbursed for off-site road improvements as provided in this section when it has been
determined by the Board of County Commissioners that the road facilities providing access
to the Subdivision or Planned Unit Development arc not adequate in structural capacity,
width,or functional classification to support the traffic requirements of the uses of the
Subdivision or Planned Unit Development
5.1 The subdivider, applicant, or owner shall enter into an off-sue improvements
agreement prior to recording the final plat when the subdivider,applicant,or owner
expects to receive reimbursement for part of the cost of the off-site improvements.
5.2 The off site improvements agreement shall contain the following:
- The legal description of the property to be served.
- The name of the owner(s)of the property to be served.
- A description of the off-site improvements to be completed by the
subdivider,applicant,or owner.
- The total cost of the off-site improvements.
- The total vehicular trips to be generated at build-out by the Subdivision,
Resubdivision,or Planned Unit Development,as specified by the DIE Trip
Generation Manual,or by special study approved by the Board of County
Commissioners.
- A time period for completion of the off-site improvements.
- The terms of reimbursement.
- The current address of the person to be reimbursed during the tam of the
agreement
- Any offsite improvements agreement shall be made in conformance with
the Weld County policy on collateral for improvements.
5.3 If the subdivider, applicant, or owner fails to comply with the improvements
agreement,the opportunity to obtain reimbursement under this section is forfeited.
5.4 When it is determined by the Board of County Commissioners that vehicular traffic
from a Subdivision,Resubdivision,or Planned Unit Development will use a road
improvement constructed under an improvements agreement, the subsequent
subdivide,applicant,or owner shall reimburse the original subdivider,applicant
or owner, for a portion of the original construction cost. In no event shall the
original subdivider,applicant,or owner collect an amount which exceeds the total
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cost of improvements less the pro rah share of the total trip impacts generated by
the original development.Evidencethat the original subdivider,applicant,or owner
has been reimbursed by the subsequent subdivider,applicant or owner shall be
submitted to the Department of Planning Services prior to recording the
Subdivision,Itesubdivision,or Planned Unit Development Final Plat
5.5 The amount of road improvement costs to be paid by the subsequent subdivider,
applicant,or owner ofa Subdivision,Rcsubdivision,or Planned Unit Development
using the road improvements constructed under apriorimprovement agree:meaty/ill
be based upon a pro rata share of the total trip impacts associated with the number
and type of dwelling units and square footage and type of nonresidential
developments intended to use the road improvement. The amount of mad
improvement costs shall also consider inflation as measured by the changes in the
Colorado Construction Cost Index used by the Colorado Division of Highways.
The cost of road improvements maybe paid by cash contribution to the prior
subdivider,applicant or owner,or by further road improvements which benefit the
prior subdivider,applicant,or owner's property. This decision shall be at the sole
discretion of the Board of County Commissioners based upon the need for further
off-site road improvements.
5.6 The report entitled TRIP GENERATION(Third Edition. 19821 of the institute of
Transportation Engineers shall normally be used for calculating a reasonable pro
rata share of the road improvement construction costs for all Subdivisions,
Resubdivisions, or Planned Unit Developments. A special transportation study
shall be used for land uses not listed in the ITE Trip Generation Manual. Any
question about the number of trips a Subdivision,Resubdivision,or Planned Unit
Development will generate shall be decided by the County Engineer.
5.7 The term for which the subdivider,applicant,or owner is entitled to reimbursement
under the off-site improvements agreement,entered into between the subdivider and
the County, is ten years from the date of execution of contract for road
improvements.
5.8 This provision is not intended to create any cause of action against Weld County or
its officers oremployees by any subdivider,applicant,or owner for reimbursement,
and in no way is Weld County to be considered a guarantor of the monies to be
reimbursed by the subsequent subdividers,applicants,or owners.
6.0 Accemtanceof Streets forMsintenanecbv the County. Upon compliance with the following
procedures by the Applicant,streets within a Subdivision or Planned Unit Development may
be accepted by the County as a part of the County road system and will be maintained and
repaired by the County.
6.1 If desired by the County.portions of street improvements may be placed in service
when completed according to the schedule shown on Exhibit"B,"but such use and
operation shall not constitute an acceptance of said portions.
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
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of work on the Subdivision or Planned Unit Development improvements in that
phase of the development are satisfactory to the Canty, and all terms of this
Agreement have been faithfully kept by Applicant
6.3 UPon comPletion oftheconsttuctionofstreets 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 the streets and
recommend that the Board of County Commissioners accept them for partial
maintenance by the County.Partial maintenance consists ofall maintenance except
for actual repair of streets,curbs and gutters,and related street improvements. Not
sooner than nine months after acceptance for partial maintenance of streets,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 shall recommend acceptance of the ati vb for full
maintenance. Upon a receipt of a positive unqualified recommendation from the
County Engineer for acceptance of streets within the development,the Board of
County Commissioners shall accept said streets as public facilities and County
property,and shall be responsible for the full maintenance of said streets including
rep •
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 ibe 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. An 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(Hyear after the
Final Plat approval(not one year alter acceptable collateral is submitted)unless
the appliesmt/s)requests that this Agreement be renewed at least thirty 1$)days
prior to its expiration andfurther provida that cost estimates for the remaining
improvements are updated and collateral is provided in the amount of One-
h undred percent O00%) of the value of the improvements remaining to be
completed, if improvements arc 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 Ile applicant may choose to provide for a phased development by means of
designating filings of a Planned Unit Development Final Plan or Subdivision Final
Plan. 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 oovered by collateral which will prohibit the conveyance ofthe
Robed WM
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property or the issuance of building permits until collateral is provided or until
improvements are in place and approved pursuant to the requirements for a Request
for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits"A"and"B." The
costs ofthe improvements described in Exhibit"A"will be adjusted higher or lower
for the year and quarter in which the contemplated work is being performed based
on"The State Highway Bid Price Index"contained in the"Quarterly Cost Report"
of The Engineering News-Record as published by The McGraw-Hill Companies.
The applicant has provided cost estimates for all phases of the development which
will be adjusted in accordance with The State Highway Bid Price Index at the time
of posting of collateral for each phase.
8.0 Improvements Guarantee; The five types of collateral listed below arc acceptable to Weld
County subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter ofC edit 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 to One-Hundred
percent (100%) of the total value of the improvements as set forth in
Section 6.0 and Exhibits"A"and"B."
8.1.2 The Letter of Credit shall provide 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.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
8.1A 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 Lettcrof Credit shall specify that thc 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 C redit shall remain in Rill force and effect until after the
MISum
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Board has received sixty(60)days written notice from the issuer of the
Letter of Credit of the pending capitation. 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 eventpropeitywithin 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%)
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
property by a Member of the Institute of Real Estate Appraisal(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%)ofthe 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.
82.4 A budding permit bold 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-Ilundred percent(100%)of the
amount specified in the Improvements Agreement.
8.32 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 of Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank or financial
institution.
8.3.4 If Weld County determines there is a default of the Improvements
Agreement,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-Hundred percent(100%)of the value of
the improvements as specified in the Improvements Agreement.
rsipaavi
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8.5 A rash deposit made with the County equivalent to One-Hundred percent(100%)
of the value of tbe 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 the State ofColomdo thatiheproject
or a portion of the project has beencompleted in substantial compliance with approvedplans
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 pa-Colorado
Department of Transportation(CDOT)Schedule for minimum materials sampling,
testing and inspections found in CDOT Materials Manual.
9.3 "As-built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall catify that the project"as-built"is in
substantial compliance with the plans and specifications as approved,or that any
material deviations have received prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by
a letter of acceptance of maintenance and responsibility by the appropriate utility
company,special district or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall
indicate if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in Sections 9.0 thru 95 shall be noted on the final construction
plans.
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of acceptance of the streets for partial maintenance by the County,
the applicants)may request release of the collateral for the project or portion oft
project by the Board. This action will be taken at a regularly scheduled public
meeting of the Board.
9.8 Tbe request for release of collateral shall be accompanied by"Warranty Collateral"
in the amount of fifteen patent(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 acceptance by
the Board of County Commissioners for full maintenance under Section 53 herein.
10.0 Public Sites and Oven Spaoes: When the Board of County 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()nit Development
a a-
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streets and utility easements 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 plan,if any:
10.1 The required acreage as may be determined according to Section 8-15-B of the
Weld County Subdivision Ordinance 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
102 The required acreage as determined according to Section 8-15-B of the Weld
County Subdivision Ordinance 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
103 In lieu of land,the County may require apayment to the County in an amount equal
to the market value at the time of l:nal Plat submission of the required acreage as
determined according to Section 8-15-B of 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 expended for patios at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors,
personal representatives,successors and assigns ofthe Applicant,and upon recordingby the
County,shall be deemed a covenant running with the land herein described,and shall be
binding upon the suocessors in ownership of said land.
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IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the‘de:...-'.......
and year first above written. = ;' :i
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Loveland Ready Mix Concrete, Mt. " r-
APPLICANT:� . .. y : „ a
TITLE: , e
Subscribed and sworn to before me this/4 day of a'J/f/ ,20c2.— �t 0��� (.../3
My Commission repute: ,y '-, �'✓. y
/C,Ay o.g ot�' Public O z -s ✓1 3 ;J
Jf.' . .. „,,
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BOARD OF COUNTY COMMISSIONERS ,,
WELD ,2OT.O
Gld*Rr Vaad, Chair oN-/6---c-> -3--
David E. ong, Pro Tem
ATTEST: Gi e,,, V�/l II„✓ ,
Weld County Cleric to the,,861 ! � /
ayBY: ' / ter/ ► ' 1,�1
Deputy Clerk to the Board ert D. Masden
7
APPROVED AS TO FORM: --
County ttorney
1111111 III 111111111111 III 111111111111 III 111111111E
2946203 04/26/2002 11:12A JA Suki Tsukamoto
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10 "'.^°.ow'..Mno"`
=Ma"A"
Name of
unit De Green/Croissant Sand and Gravel Mine and Concrete Plant
(*.planned UnitDcveloprmd __.
Piles Use by Special Review#1329
Location: Southeast corner of WCR 13 and WCR 54(LCR 18)
]Herding to be legally bound, the undersigned Applicant hereby agues to provide throughout this
Subdivision or Planted Unit Development the following improvements. (Leave spaces blenktytxe they do
not apply.)
Estimated
Improvements Unit Cost Construction Cost
Sue grading SEE ATTACHED EXHIBIT "A" FOR DETAILED CONSTRUCTION COSTS
Street grading -FOR IMPROVEMCNTC TO THE-INTERSECTION OF
Street base
Street oaring WCR 54 (LCR 18)AND WCR 13
Curbs.guttaa.and culverts
Sidewalk
Storm sewer facilities
lteta:tion ponds
pitch improvements
&baud=drainage
Sanitary sewers
Trunk and forced lines
Mains
Ldtetals{house connected)
On-site sewage facilities
On-site water swmly and storage
Water mains Cmclndes bore)
Fire hydrant
Survey sad street monuments end boxes
$treetlighting
Street name naps
fencingroquirements
J.andsoamnp
Park immrovanents
J.oad oulvett
Grass lined swab
Telephone
Gas
Electric
Water transfer
SUB-TOTAL:
Engineering and Supervision Costs S
(Testing,inspection,as-built plans andwork in addition to preliminary and final plat;supervision of actual
construction by contractors)
11
1111111111 1111111III!! III 11111 111 111 1111 III 1111
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.,
EXHIBIT "A"
Name of Development: Green/Croissant Sand and Gravel Mine and Concrete Plant
Filing: Use by Special Review#1329
Location: Southeast corner of WCR13 and WCR54 (LCR18)
WCR 13/WCR 54 Intersection and Road Design
Item No. Description Quantity Unit Cost Extension
1 Mobilization and Bonding 1 LS $8,951.28 $8,951
2 Clearing and Grubbing 2.3 AC $500.00 $1,150
3 Misc. Utility Relocates 1 LS $2,500.00 $2,500
4 Sawcut Asphalt 3930 LF $1.50 $5,895
5 Excavation 2798 CY $1.50 $4,197
6 Imported Structural Fill 1163 CY $4.00 $4,652
7 Imported Shoulder Fill 3419 CY $1.00 $3,419
8 Embankment Placement 7380 CY $1.50 $11,070
9 Hot Bituminous Aspalt 1770 TON $45.00 $79,650
10 2"Overlay 275 TON $45.00 $12,375
11 Site Restoration and Erosion Control 2.3 AC $1,000.00 $2,300
12 Signage and Striping 1 LS $2,000.00 $2,000
13 Casing Extension 20 LF $75.00 $1,500
14 WCR 13 Imported Structural Fill 575 CY $1.00 $575
15 WCR 13 Embankment Placement 575 CY $1.50 $863
16 WCR 13 Hot Bituminous Aspalt 864 TON $45.00 $38,880
17 WCR 13 Signage an stripping 1 LS $500.00 $500
18 Traffic Control 1 LS $7,500.00 $7,500
19 Geotechnical Services 1 LS $3,500.00 $3,500
20 Engineering Design&CD's 1 LS $11,000.00 $11,000
21 Surveying and Staking 1 LS $4,000.00 $4,000
22 15% Contingency 1 LS $32,891.17 $32,891
23 TOTAL OPC $237,448
(Testing, inspection,as-built plans and work in addition to preliminary and final plat; supervision
of actual construction by contractors)
Page 11-A
1111111 111111111111 11111 III 1111111 11111 III 111111 III IIII
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TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION T $237,448.00
The above improvements shall be constructed in accordance withal!County requirements and specifications,
fications,
and conformance with this provision abaft be determined solelybyWeld County,or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit"B." 0,0 O •
Loveland Ready Mix Concrete, Inc. / �D
licant
��{ ///111 ✓[.derAoJ
1 t W37��0 nz�
Applicant
VJ �
Y",C[Iv5/013Nr Date: /—/S ,20 U
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
IV!111111111111MD III 111111111111III 111 1111
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'ethane
12 wtwMumw
EXIIIBIT"Bs
Name of Subdivision Green/Croissant Sand and Gravel Mine and Concrete Plant
or Planned Unit Development:
Use by Special Review#1329
Filing:
Southeast corner of WCR 13 and WCR 54(LCR 18)
Location:
•
All improvements shall be completed within See beloyrears 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 whore they do not apply.)
Improvements 7 sine for Completion
SJIS<. S See•
Street grading - See*
Street base See•
Street caving See*
Curbs,gutters,and outverts See•
Sidewalk
Storm sew fac9itie
Rptentionpands
Ditch hip enznents See•
Subsurface drainage
,Sanitary sewers
Turk and forced lines
gains
Laterals(house connected)
ate sewage facilities
On site water simply and storage
Water maim:
Fire bvdtantt
Survey and street monuments and boxes
Street lighting
Street nerve attie
Fencing requirements
]gndscacmna
park improvements
goad culvert
Grass lined Swale
Telephone
Gas
"rx MSC
Water transfer
SUB-TOTAT2
* The above Improvements, as detailed in Exhibit"A",will be completed prior to the
hauling operation of the facility.
tea
13 r.'wwwove irana c
1111111 11111 Hirai III 1111111 11111 I I 1111111 I I I Jill
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The County,at its option,and upon the request of the Applicant,may grant an extension of time for
completion for any particular hapson mwts shown above,upon a showing by the Applicant that the
above schedule cannot be met.
Loveland Ready Mix Concrete, Inc.
�y t\�(
By:Loveland
/_ _ _ . /, ,fir
r) cJ�C rvey /Kai+r, .
. <ojjoo
licant J
•
feErSalCiler Date: C l - / S ,20 0 .
The
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
11111i 1111 IIIIIII 11111 III 111111 11111 III 111111���IIII
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14 uinlflcsuinma nue
4C C INSCO INSURANCE SERVICES, INC.
'nsC%ico Underwriting Manager for:
�n n Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch,Suite 200•Irvine,California 92614•(949)263-3300
BOND NO. 880900S
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 Two Hundred Thirty Seven Thousand four hundred forty eight
($237,448.00 )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 Public 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 Sur-: an In mnit 4lmp.J!%
t ` - l ',� p BY:
Attorney-it-Fact
Alberto P:ez
�tbi/O& r
ID-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 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 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 attomey(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'^day of November,2000.
By: _WAN),
David H.Rhodes,Executive Vice President ,P tY SAND j4'OF c, Jo0M PO O,O
/03-:/ on yy': GOP R4).. yG
14-A.
/� I ' 'w SEAL <` w 2 oc67 ° 9
// V U �/�// •
ss Z
o:,, 1936 in...,
2 a
By. OWP e•bg
Walter A.Crowell, Secretary �? .'•.,,2 . ad cNO-
ot/Fail
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.
• MANEJ.KAWATA
/` c` ` .:�'fWTAP7 flJSUG-CALIF00.WAd
Signature L ���d �6;'�"� GE COUNTY
MyOcam ba.Jan.8,2002 I
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 Attomcy,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
David G.Lane.Chief Operating Officer
ID-1380111/00)
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 880900S 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
Adtdirt—''
By &II
Cindy L. Joh on, Attor -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 Attomcyls)-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,arc 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: - ..... PANV
David H.Rhodes,Executive Vice President 'P�tx�'"AND'•N�F''' -vf'OM PO(I1II )
p? 1936 oe 2By: s�:: i is Walter A.Crowell Secretary s,O�s .,••
.,gyp ............
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 arc 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.
DIANE J.KAWATA
N'1 COMM.#1187928 m
PUBLIC-CALIFORNIA c
)10jA
•
•�{�.,_Y ORANGE COUNTY
Signature 1 �- My Comm Dam9,2002 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 8th day of February 2002
•
By
David G.Lane,Chief Operating Officer
ID-1380(11/00)
02/01/02 16:57 To:Alex Schatz i ^ From:Lee D Morrison '"�ax2 Page 1/1
hiDe
lififfRADO
FACSIMILE COVER PAGE
Date: 2/1/02
Time: 16:53:08
Page: 1
To: Alex Schatz
Company: Banks and Gesso, LLC
Fax #: 3032748329
From: Lee D Morrison
Title: Assistant County Attorney
Company: Weld Co
Address: 915 10th St, P.O. Box 758
Greeley , CO 80632
USA
Fax #: 970 352 0242
Voice #: 970 356 4000 ext 4391
Message:
Alex, the form of the Bonds is adequate. However, if possible,
the address should reflect 915 10th St , Greeley as that is the
address of the Board of County Commissioners and not that of
Public Works
Lee
Id County Planning Department
M F M O RAN D L M GREELEY 0FFICE
4 `I MAR 0 S 2002
TO: Robed Anderson, Planner I DAR: WE,L7,001
ۥ FROM: Donald Carroll, Engineering Administrator
SUBJECT: USR-1329; Loveland Ready Mix, Inc.
COLORADO
•
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
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