HomeMy WebLinkAbout20023266 RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE),
AUTHORIZE CHAIR TO SIGN, AND ACCEPT FORM OF COLLATERAL FOR SITE
PLAN REVIEW, SPR#355 - LUCKY STARS CAR WASH, LLC, C/O PAUL AND
JOELLEN GONZALES, JR.
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 October 1, 2002, the Department of Planning Services staff approved a
Site Plan Review, SPR#355, for Lucky Stars Car Wash, LLC, P.O. Box 6428, Longmont,
Colorado 80501, do Paul and JoEllen Gonzales, Jr., 1716 South Horseshoe Circle, Longmont,
Colorado 80504, for a Car Wash Business with Automatic and Self-Service Bays on the
following described real estate, to-wit:
Lot 4, Block 1, Western Dairymen's Cooperative,
Inc., Subdivision; being part of the W1/2 NE1/4 of
Section 10, Township 2 North, Range 68 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
(Private Road Maintenance) between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, and Lucky Stars Car Wash, LLC, do Paul
and JoEllen Gonzales, Jr., with terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Plat Bond (Off-Site Bond) #69433837
from Western Surety Company, a corporation of Sioux Falls, South Dakota, in the amount of
$15,159.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Plat Bond (Off-Site 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 Lucky
Stars Car Wash, LLC, do Paul and JoEllen Gonzales, Jr., be, and hereby is, approved.
2002-3266
%C : /�L/ /9/0, 41 C/ PL1643
IMPROVEMENTS AGREEMENT- LUCKY STARS CAR WASH, LLC, C/O PAUL AND
JOELLEN GONZALES, JR.
PAGE 2
BE IT FURTHER RESOLVED that Plat Bond (Off-Site Bond) #69433837 from Western
Surety Company, a corporation of Sioux Falls, South Dakota, in the amount of$15,159.00, be
and hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of December, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: EX SED
Gle aad, Chair
Weld County Clerk the ' Z9a1
4 David . Lo , Pro-Tern
BY:
Deputy Clerk to the Bo
J. eile
A O D AS T • EXCUSED
Mani H. J ke
ounty Attar r y
Robert D. Mas en
Date of signature: 1/7105
2002-3266
PL1643
10/17/02 16:15 FAX 970 304 6498 WELD PLANNING 4002
•
398
RECORDER'S P1!EM(5RANDUtd
IMPROVEMENTS AGREEMENT ACCORDING TO HIS JOC'Jfv1EN? vVAS FOUND
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS TO BE INA^,E;U ASE FOg
(PRIVATE ROAD MAINTENANCE) SCANNING P' POSES-
THIS AGREEMENT,made and entered into this day of December ,2002_,by and
between the County of Weld, State of Colorado, acting through its Board of County Commissioners,
hereinafter called"County,"and Lucky Stars Car Wash, Idc hereinafter called "Applicant."
and Paul Gonzales Jr. Masonry, Inc.
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following described
property in the County of Weld,Colorado:
3641 Stagecoach Road, Longmont, Colorado
aka Lot 4, Block 1, Western Dairymen Cooperative, Inc.
(Milky Way Business Park)
WHEREAS, a Final Subdivision/Planned Unit Development(PUD) plat of said property, to be
(mown as Lucky Stars Car Wash has been submitted to the
County for approval,and
WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Plat,
Planned Unit Development Final Plat,or Site Plan shall be approved by the County until the Applicant has
submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements
shown on plans,plats and supporting documents of the Subdivision Final Plat,Planned Unit Development
Final Plat, or Site Plan, which improvements, along with a time schedule for completion, are listed in
Exhibits"A"and"B"of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and
approval of said Final Plat,the parties hereto promise,covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services
in connection with the design and construction of the Subdivision or Planned Unit
Development improvements listed on Exhibit "A," which is attached hereto and
incorporated herein by reference.
1.1 The required engineering services shall be performed by a f rofessional Engineer
and Land Surveyor registered in the State of Colorado, and shall conform to the
standards and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of,but not be limited to,surveys,
designs,plans andprofiles,estimates,construction supervision,and the submission
of necessary documents to the County.
Rev'ced 07/0112001
1 MAWPFRE.1\'.VENDRAPRIVATE
1 111111 11111 1111111 III 111111 III 11111111 III11111IIII IIII County, p es.-Pi Puy APP, Fi
1 of 12 R 0.00 D 0.00 Steve Moreno Clerk II RecorderXOO2_3�(a(o
10/17/02 18_16 FAX 970 304 6498 WELD PLANNING t003
•
1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision
or Planned Unit Development to the County for approval prior to the letting of any
construction contract. Applicant shall furnish one set of reproducible "as-built"
drawings and a final statement of construction cost to the County.
2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements
herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights-
of-way and easements on all lands and facilities traversed by the proposed improvements.
3.0 Construction: Applicant shall furnish and install, at its own expense,the Subdivision or
Planned Unit Development improvements listed on Exhibit"A,"which is attached hereto
and incorporated herein by reference, according to the construction schedule set out in
Exhibit"B"which is also attached hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a Subdivision or Planned Unit Development is proposed
within three miles of an incorporated community located in Weld County or located
in any adjacent county,the Applicant shall be required to install improvements in
accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards at the time the
Subdivision or Planned Unit Development is proposed, the requirements and
standards of the County shall be adhered to. If both the incorporated community
and the County have requirements and standards,those requirements and standards
that are more restrictive shall apply.
3.2 Applicant shall employ,at its own expense,a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County;and shall furnish copies of test results;to t County.
•
3.3 At all times during said construction,the County shall have the ri t to test and
inspect, or to require testing and inspection of material and work t Applicant's
expense. Any material or work not conforming to the approv d plans and
specifications shall be removed and replaced to the satisfaction of he County at
Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangement's have been ade for the
installation of sanitary sewer or septic systems,water,gas,electric nd telephone
services.
3.5 Said Subdivision or Planned Unit Development improvements shall completed,
according to the terms of this Agreement, within the construe on schedule
appearing in Exhibit"B." The Board of County Commissioners,at i option,may
grant an extension of the time of completion shown on Exhibit"B"up n application
by the Applicant subject to the terms of Section 6 herein.
•
•
Ind 07/01/2002
2 MAW PRILES\WENDRAPRIVATE
I111111 1111111 III 111111 III 11111111 III III IIII lilt •
3022398 01/09/2003 02:25P Weld County, CO
2 of 12 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
10/17/02 16:16 FAX 970 304 6498 WELD PLANNING IM004
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all"'suits,actions or claims of
every nature and description caused by, arising from, or on account of said design and
construction of improvements,and pay any and all judgments rendered against the County
on account of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by County in defending such suit, action or claim whether the
liability, loss or damage is caused by,or arises out of the negligence of the County or its
officers, agents, employees, or otherwise except for the liability, loss;or damage arising
from the intentional torts or the grossnegligence of the County or its employees while acting
within the scope of their employment. All contractors and other employees engaged in
construction of the improvements shall maintain adequate worker's compensation insurance
and public liability insurance coverage,and shall operate in strict accordance with the laws
and regulations of the State of Colorado governing occupational safety and health.
(THERE IS NO SECTION 5) •
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the
Applicant,streets within a Subdivision or Planned Unit Development may be approved by
the County as public roads and will be maintained and r fired y a Homeowners
Association or,in its absence,the owners of lots within the SuW ivisi n or Planned Unit
Development.
•
6.1 If desired by the County,portions of street improvemen may placed in service
when completed according to the schedule shown on E 4 ibit" ,"but such use and
operation shall not constitute an approval of said porn s.
i
6.2 County may,at its option,issue building permits for con tructi non lots for which
street improvements detailed herein have been started b I t not mpleted as shown
on Exhibit"B,"and may continue to issue building pe ;'ts so gas the progress
of work on the Subdivision or Planned Unit Develop •• t i rovements in that
phase of the development is satisfactory to the Co ; an all terms of this
Agreement have been faithfully kept by Applicant. j
6.3 Upon completion of the construction of streets within a S 'vi 'on or Planned Unit
Development and the filing of a Statement of Sub tia Compliance, the
applicant(s)may request in writing that the County En 4 eer i pect its streets and
recommend that the Board of County Commissioners partially pprove them. Not
sooner than nine months after partial approval, the Co ty gineer shall,upon
request by the applicant,inspect the subject streets,and noti the applicant(s)of
any deficiencies. The County Engineer shall reinspect the sire s after notification
from the applicant(s) that any deficiencies have been orrec ed. If the County
Engineer finds that the streets are constructed according Co ty standards,he or
she shall recommend full approval. Upon a receipt f a p sitive unqualified
recommendation from the County Engineer for.appr val o streets within the
development,the Board of County Commissioners shal fully ye said streets
as public but with private pay.
Revised 07/01/2002
3 M.\WPBn.C81WtNDAAPRIVATE
1111111 11111 1111111 I I 1111111 111 11111111 III 1111 1111 1111
3022398 01/09/2003 02:25P Weld County, CO
3 of 12 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
10/17/02 16:17 FAX 970 304 6498 WELD PLANNING It 005
7.0 General Requirements for collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One-
Hundred percent (100%) of the value of the improvements as shown in this
Agreement. Prior to Final Nat approval,the appl cant sha 1 indicate which of the
five type's of collateral preferred to be utilized to I. ure th improvements subject
to final approval by the Board of County Commi ioners;a d the execution of this
Agreement Acceptable collateral shall be submi and t e plat recorded within
six (6) Months of the Final Plat approval. If ac ptable ollateral has not been
submitted within six (6)months then the Final P at approval and all preliminary •
approvals shall automatically expire. Applicant reques that the County extend
the Final Plat approval provided the cost estimates updated and the development
plans are revised to comply with all current ounty standards, policies and
regulations. The improvements shall be complet within one(I) year after the
Final Plat approval t oneyear after acceptabl collateral is:submitted)unless •
the applicants)requests that this Agreement be renewed qt least thirty(30)days
prior to its expiration and further provides that cpst estimates for the remaining
rovements are updated and collateral is_prjvlded.ib the amount of One-
Hundred percent (100%) of the value of the improvements remaining to be
completed. If improvements are not completed I. d the agreement not renewed
within these time frames,the County,at its discre .on,may make demand on all or
a portion of the collateral and take steps to see t t the improvements are made.
7.2 The applicant may choose to provide for a ph d development by means of
designating filings of a Planned Unit Developmen Final Plat or Subdivision Final
Plat. The applicant would need only to provide c lateral for the improvements in
each filing as approved. The County will place res 'ctions 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 unti collateral is provided or until
improvements are in place and approved pursuant to the requirements for a Request
for Release of Collateral.
11
7.3 The applicant intends to develop in accordance Exhibits"A"and"B."
I
8.0 improvements Guarantee: The five types of collateral lis 1 below are acceptable to Weld
County subject to final approval by the Board of County iasioners.
8.1 An irrevocable Letter of Credit from a Federal or S te licensed financial institution
on a forth approved by Weld County. The Letter f Credit shall state at least the
followings
8.1.1 The Letter of Credit shall be in an amo t equivalent of One-Hundred
percent (100%) of the total value of th improvements as se forth in
ection 6.0 and Exhibits"A"and"B."
ii:!
8.1.2 he Letter of Credit shall provide for p yme-it upon demand to Weld
ounty if the developer has not perfoime the obligations specified in the
i �uptovements Agreement and the issuer h s notified of such default
Revised 07/01n002
4 M 1WPFILEB\WENDIMPRNA7E
ii i
•
. I
1 111111 VIII 1111111 III 111111111 11111111 III VIII III IIII
6P Weld County, CO
3022398 01109/2003 02.2
4 01 12 R 0.00 0 0.0° 2
Moreno Clerk& Recorder
10/17/02 16:17 FAX 970 304 6498 WELD PLANNING 14)006
8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
•
8.1.4 The issuer of the Letter of Credit shall guarantee that, at all tint the
unreleased portion of the Letter of Credit shall be equal to a minimum of
e-Hundred percent (100%) of the estimated:costs of completing the
completed portions of the required improvements,based on inspections
o the development by the issuer. In no case shall disbursement for a
g feral improvement item exceed the cost estimate in the Improvements
eement(i.e.,streets,sewers, water mains and landscaping,etc.). The
i ' er of the Letter of Credit will sign the improvements Agreement
owledging the agreement and its cost estimates.
8.1.5 e Letter of Credit shall specify that fifteen percent(15%)of the total •
L of Credit amount cannot be drawn upon and will remain available to
Id County until released by Weld County.
•
8.1.6 e Letter of Credit shall specifythat the date ofproposed expiration of the
of Credit shall be either the date of release by Weld County of the
fi I fifteen percent (15%), or one year from the date of Final Plat
a : oval, whichever occurs first Said letter shall stipulate that, in any
t,the Letter of Credit shall remain in full force and effect until after the
B.and has received sixty(60) days written notice from the issuer of the
fter of Credit of the pending expiration. Said notice shall be sent by
c titified mail to the Clerk to the Board of County Commissioners.
8.2 De '' upon all or some of the proposed development or other property
acceptabl :to the Board of County Commissioners provided that the following are
submitted
•
8.2.1 't he event property within the proposed development is used as collateral,
appraisal is required of the property in the proposed development by a
dinterested Member of the American Institute of Rea Estate Appraisers
( .A.I.)indicating that the value of the property enc erect in its current
d gree of development is sufficient to cover One-Hun ed percent(100%)
o i;the cost of the improvements as set forth in ' e Improvements
ement plus all costs of sale of the property.
8.2.2 the event property other than the property to be d veloped has been
eepted as collateral by Weld County,then an appra 1 is required of the
p .pperty by a Member of the Institute of Real Estate ,ppraisers(M.A.I.)
rating that the value of the property encumbered in its current state of
d 4elopmentis sufficient to cover One-Hundredperccn (100%)ofthe cost
of the improvements as set forth in the Improvements green t plus all
costs of sale of the property.
8.2.3 A.title insurance policy insuring that the Trgst De crest al valid
erMumbrance which is senior to all other liens*d en bran s. I
•
I • !Wised 07/91/2002
5 M:\WP WRNDDAP ATK
•
1 111111 11111 1111111 III 11111111111111111 III VIII IIII IIII
3022398 01/09/2003 02:25P Weld County, CO
5 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
10/17/02 16:18 FAX 970 304 6498 WELD PLANNING I Z)007
8.2.4 A building permit hold shall be placed on the encumll ed property.
8.3 Escrow Agreement that provides at least the following:
1
8.3.1 The cash in escrow is at least equal to One-Hundred p cent(100%)of the
amount specified in the Improvements Agreement.
,8.3.2 The escrow agent guarantees that the escrowed fu •s will be used for
improvements as specified in the agreement and for •. other purpose and
will not release any portion of such funds without .•for approval of the
Weld County Board of Commissioners.
8.3.3 TIhe escrow agent will be a Federal or te-license'. bank or financial
institution.
8.3.4 Weld County determines there is a default o4 the Improvements
Pgreement,the escrow agent,upon reques by the Co i ty,shall release any
remaining escrowed funds to the County.
I
8.4 A surety bond given by a corporate surety autho ' d to do b :Mess in the State of
Coloradoln an amount equivalent to One-Hundre percent(11 1%)of the value of
the impr ements as specified in the Improvements Agreem- 't.
.
8.5 A cash d sit made with the County equivalent to One-Hun. ed percent(100%)
of the va a of the improvements.
• •
9.0Request 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 pre.ent a Statement of
Substantial Compiance from an Engineer registered in Colorado that t : project or a portion
of the project ha been completed in substantial compliance with I proved plans and
specifications doqumenting the following:
9.1 The En • ear or his representative has made regular on-Site i ctions during the
course o construction and the construction plans utilized : the same as those
approve by Weld County.
I
9.2 Test res Its must be submitted for all phases of this:proj'• as per Colorado
Departm nt of Transportation Schedule for minimum materi.I. sampling,testing
and i ctions found in the Colorado Department of Trai s.•rtation (CDOT)
Material Manual.
I .
9.3 "As built" plans shall be submitted at the time the letter 11-.nesting release of
collateral is submitted. The Engineer shall certify that the p'I ect "as-built"is in
substantial compliance with the plans and specifications as . 'roved,'or that any
material deviations have received prior approval from the Co ty Engineer.
9.4 The Statements of Substantial Compliance must be accompeni d,if appropriate,by
a letter of acceptance of maintenance and responsibility by t,, appropriate utility
company,special district or town for any utilities.
x Revised 07101/2002
6 nY.\wr p ntwENonArurvwrs
111111 1111 111111 11 111111 111 111111 jIP IIII
3022398 01/09/2003 02:25P Weld County, CO
6 of 12 R 0.00 0 0.00 Steve Moreno Clerk&Recorder
10/17/02 16:18 FAX 970 .304 6498 WELD PLANNING 111008
9.5 A letter must be submitted from the appropriate Fire Authori indicating the fire
hydrants are in place in accordance with the approved plan . The letter shall
indicate if the fire hydrants are operational and state the resul of fire flow tests.
I
9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on t final construction
plans.
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of approval of the streets by the County, applicant(s)may
request release of the collateral for the project or portion o the project by the
Board. This action will be taken at a regularly scheduled pu lic meeting of the
Board.
9.8 The request for release of collateral shall be accompanied by" arrantyCollateral"
in the amount of fifteen percent(15%)of the value of the impr vements as shown
in this Agreement excluding improvements fully accepted for aintenance by the
responsible governmental entity, special district or utility corn any.
9.9 The warranty collateral shall be released to the applicant upon nal approval by the
Board of County Commissioners.
10.0 Public Sites and Open Spaces: When the Board of County Commissi bars,pursuanfto a
rezoning,Subdivision or Planned Unit Development,requires the dedic, tion,development
and/or reservation of areas or sites other than Subdivision or Planned Unit Development
streets and utility easements of a character,extent and location suitabli, for public use for
parks, greenbelts or schools, said actions shall be secured in accords'be with one of the
following alternatives,or as specified in the Planned Unit Development UD)Plan,if y:
10.1 The required acreage as may be determined according to !the Weld Co ty
Subdivision Regulations shall be dedicated to the County or th ;appnoni_iate so of
district,for one of the above purposes. Any area so dedicated hall be maintai ed
by the County or school district. I
102 The required acreage as determined according to Chapter 24 the Weld Co ty
Code,may be reserved through deed restrictions as open area, maintenanc of
which shall be a specific obligation in the deed of each lot wi in the Subdivi 'on
or Planned Unit Development
10.3 In lieu of land,the County may require a payment to the County,in an amount e ual
to the market value at the time of Final Plat submission of the! quired acre as
determined according to Chapter 24 of the Weld County Code. Such value shat be
determined by a competent land appraiser chosen jointly by pre Board and the
Applicant. The cash collected shall be deposited in an eso w account to be
expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon $ heirs, executors,
personal representatives,successors and assigns of the Applicant,and u nreriordingbythe
County, shall be deemed a covenant running with the land herein des 4ibed,and shall be
binding upon the successors in ownership of said land.
I
I I'
I! Revised 07/01/2002
7 :\WP I 1WENDIAPR1VATE
t •
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIr
I IIIIII illy 0 000 p 0.00 Steve Mor6no Clerk&
7 o t 12
10/17/02 16:19 FAX 970 304 6498 WELD PLANNING _ a 009
•
IN WITNESS WHEREOF,the parties hereto have caused this Agre ent to be executed on the
day and year first above written.
Pa�•�UU//JJ✓//ee//oo � APPLICANT:
Gonzale r , er/president
Paul GonzalesJ. sorry, Inc.
APPLICANT:
TITLE:
,may, /�
Subscribed and sworn to before me this lid day of D(Lc ,20OL•
My Commission expires: � t '1""'••
Notary Public "•
•
O
n• 11. tl "r P
ATTEST: Dm)/ i1 BOARD OF CO COMMISSIONERS `/13 (7/bt7YLC(l/ +�a�• S W COUNTY, 'OLORADO
74
Weld County Clerk to t B e • '�
I86I
David E. Long ,Chair Pro-Tem
BY: . • ' -. } 'R q (12/30/2002)
Deputy Clerk to the ��D„ ♦ , a�'"U,�/
•
APPROVED AS TO FORM:
Coun •lOtttomey
•
Revised 07/01/2002
8 MAWPFILES\WENDRAPRIVATE
Ill VIII 2222222 III IOU III 11111 III VIII IIII IIII
3022398 01/09/2003 02:25P Weld County, CO
8 0l 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
10/17/02 16:19 FAX 970 304 6498 WELD PLANNING 010
•
EXHIBIT"A"
Name of Subdivision
or PlannedUnitDevelopment: Western Dairymen Assn. aka Milky Way B»sistcss Park
Filing:
Location: _3641 Stagecoach Road, Longmont, (x) Regnd
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 Ouantitv Units Unit • Estimated
Costs . Construction Cost
Site grading
Street grading
Street base •
Street paving
Curbs,gutters,and culverts
Sidewalk
Storm sewer facilities -
Retention ponds •
Ditch Improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines •
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage ..
Water Mains(includes bore)
Fire hydrants •
Survey and street monuments and boxes
Street lighting Street Names
Fencing requirements
landscaping . $15d59-00 j,see attached
Park improvements • estimate)
Road culvert
Grass lined swale •
Telephone
Gas
Electric
Water transfer
SUB-TOTAL:
Engineering and Supervision Costs$ N/A
(Testing,inspection,as-built plans and work in addition to preliminary and finalplat;supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $_15 159.00**
**Please see attached e-mail message from
Inc Morrison, Weld County Attorney, to Anima 07/01/2002
Chris Gatimian and Donald Carroll of 9 /2\WPFILES\WENDIAPRIVATE
Weld County Planning and Public Works
Departments dated 11/6/02.
1111111111111111111 III 111111 III 11111111 III 111111/1 1111
3022398 01/09/2003 02:25P Weld County, CO
9 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
10/17/02 16:19 FAX 970 304 6498 WELD PLANNING O011
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformancewith this provision shall be determined solely by Weld County,or its duly authorized agent.
Said improvements s all be complete according to the construe schedule set out in "B."
By:
lean Paul Gonz ale , .Jr. - Owner/President
(� 3/41'111C116_
/� �� � Paul Gonzales Jr. sonny, Inc.
A.-, 'a t 1
•
Managers Date: November 18 ,2002 •
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
Revised 07/01/2002
10 M:IWPFILES\WENDI APRIVATE
1 111111 11111 1111111 III 111111 III 11111111 III 111111 III IIII
3022398 01/09/2003 02:25P Weld County, CO
10 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
10/17/02 16:20 FAX 970 304 6498 WELD PLANNING (?)012
EXHIBIT"B"
Name of Subdivision
or Planned Unit Development: Western Dairymen Cooperative Inc. aka Milky Way Business Park
Filing:
•
Location: 3641 Stagecoach Road, Longmont. CO 80504 •
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
Subdivision or Planned Unit Development the following improvements.
All improvements shall be completed within 1 years from the date of approval of the final plat.
Construction of the improvements listed in Exhibit"A"shall be completed as follows:
(Leave spaces blank where they do not apply.) •
Improvements Time for Completion
Site trading
Street base
Street paving
Curbs,gutters,and culverts _
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water mains
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street name signs
Fencing requirements
Landscaping June 15, 2003
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water Transfer
SUB-TOTAL:
•
Revised 0710112002
11 MAWPFILESIWENDAAPRIVATE
1 111111 1111111 III 111111 III 11111111 III 111111 III Iill
3022398 01/09/2003 02:25P Weld County, CO
11 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
10/17/02 16:20 FAX 970 304 6498 WELD PLANNING Z013
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,
B Bean 1 y: ! .4 /
/ Pa Gonzale er/President
C Paul Gonzales Jr. Masonry, Inc.
App c t
Managers Date: November 18,2002 -
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
•
•
Revised 01/01/2002
12 M1\WPF!LF31WENDMPRIVATE
1 111111 11111 1111111 111 111111 III 11111111 III 111111 111 1111
3022398 01/09/2003 02:25P Weld County, CO
12 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
,4 ( � MEMORANDUM - _
To: Board of County Commissioners December f9;2002 j
COLORADO From: Chris Gathman, Planner C,
f
Subject: Acceptance of Collateral in the form of a bond for SPR-355
(Lucky Stars Car Wash)
On December 13, 2002 we received an Irrevocable Letter of Credit in the amount of Fifteen
Thousand One Hundred Fifty Nine Dollars ($15,159.00) for Site Plan Review 355 (Lucky Stars
Car Wash).
To date the following on-Site improvements need to be completed:
Sprinkler System estimate $ 1,875.00
Soil Preparation estimate $ 855.00
Rock mulch (1.5 inch river rock) estimate $ 1,229.00
Edging & weed barrier fabric estimate $ 690.00
Trees & shrubs estimate $ 7,000.00
Bluegrass Sod estimate $ 2,294.00
Seed estimate $ 1,216.00
Total Estimated Cost of Improvements and supervision $ 15,159.00
After review of the Letter by the Weld County Attorney, the Department of Public Works and the
Department of Planning Services, it has been determined that the amount of the agreement will
be sufficient to complete the work required for Site Plan Review 355 (Lucky Stars Car Wash),
and the Department of Planning Services recommends acceptance of this Letter.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
2002-3266
t14,
PLAT BOND
(Off-Site Bond)
Bond No 69433837
Premium _ $379.00 _
(Due annually until released by Obligee after
the initial two-year fully earned period)
KNOW ALL PERSONS BY THESE PRESENTS,That we, Paul Gonzales Jr. Masonryl Inc.
1716 ._Horseshoe Cir. , Longmont, CO 80504
(the "Principal") and WESTERN SURETY COMPANY, a South Dakota corporation (the "Surety"), are held and firmly
bound unto Weld County Planninct Oepas-tmenr _
(the"Obligee")in the sum of not to exceed Fifteen Thoil*and One Hundred Fifty.tline and• 00/100
DOLLARS($ ..,— 15 15900 ) for the payment whereof said Principal and Surety bind themselves firmly by these
presents.
WHEREAS, the Principal is developing a certain tract of land in Lot 4, Block 1, Western Dairymen
Cooperative. Inc. fMilk Way 8u,1ness Park) , Longmont. CQ _
Landscaping at Lucky Stars Car Wash, 3641 Stagecoach Rd., Longmont, CO — described as
80504 ---
-
_ .._—, and
WHEREAS, as a precondition of approving the plat, the Obligee requires that the Principal make those improvements
as more particularly set forth in Improvements Agreement According to Policy Re.3 ardin
Collateral for Improvements (Private Road Maintenance) _4-- —'
(hereinafter referred to as the Improvement Specifications).
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall construct the
improvements described in the Improvement Specifications in a manner acceptable to the Obligee, then this obligation
shall be void, otherwise to remain in full force and effect. This obligation is subject to the following conditions:
1. This bond runs to the benefit of the named Obligee only, and no other person shall have any rights under this
bond. No claim shall be allowed against this bond after the expiration of one year from the date of acceptance by
the Obligee.
2. This bond is not a forfeiture obligation, and in no event shall the Surety's total liability exceed the reasonable
cost of completing the improvements described in the Improvement Specifications not completed by the
Principal, or the penal sum of this bond, whichever is less.
This bond is executed and becomes effective this _ 1st _ day of December 2002
Paul Gonzales Jr._ Masp,ry, Inc. WESTERN SURETY COMPANY
Principal Bye
By
Its _. Craig Edward Hallbauer Atom/ 45"'ORpnpto0
By_... SEAL *
Licensed Aesid,. (Poo ,P
TH DPI
Form Fe448
noon - 3r2(ae •
pi_ lGry3
r
•
•
•
•
ACKNOWLEDGMENT OF SURETY
STATE OF Wisconsin (Attozney-ia-Fadl
COUNTY OF Dane
On this Yet day of December
and for said County, personally appeared
Craig Edward Hallbauer
1 Bauer 2002 ,before me,a notary
ty, a y public is
to me personally known and being by me duly sworn, did say, that he is the Attorney-in-Fact of WESTERN SURETY
COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the
State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of Its Board of
Directors and that the said Craig Edward Hal lbauer
acknowledges said instrument to be the tree act and deed of said corporation and that he hes authority to sign said instrument
without aftving the corporate seal of said corporation.
IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my official seal at Mari i son
__Wic nnci n ,the day and year last above written.
My commission expires
—Anoi ct 7 2005 ���.//�/
Form iOe.td__ , n.. .. �/n
Notary Arblie
•
DDJ
Western Surety Company
POWER OF ATTORNEY- CERTIFIED COPY
BandNo. _694339337 _
Know All Mon By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the
laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota(the"Company"),does by these presents
make,constitute and appoint Cza i g rr{ea rd..
— NalLbauec—.-
its true and lawful attornoy(s)-tin-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on
its behalf as Surety,bonds for:
Principal: Paul Gonzales Sr. Masonry, Inc.
Obligee: Weld County Planning Department
• Amount: $100, 000.00
and to bind the Company thereby as fully and to the same extant as if such bonds were signed by the President, sealed with the
corporate seal of the Company and duly attested by its Secretary, hereby ratifying snd confirming all that the said attorney(s)-in-fact
may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western
Surety Company which remains in full force and affect.
'Section 7, All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such
other officers as the Board of Directors may authorize. The President, any Vice President,Secretary, any Assistant Secretary, or the
Treasurer may appoint Attorneys in Pact or agents who shall have authority to issue bonds,policies, or undertakings in the name of
the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.'
All authority hereby conferred shall expire and terminate,without notice, unless used before midnight of_December
_..,2004 _,but until such time shall be irrevocable and in full force and effect. —'1'_
In Witness Whereof, Western Surety Company has caused these presents to be signed by its President, Stephen T. Pate, and its
corporateO Iggjaiikaffixed this_- 1st. _ day of December _ 2002
vary
ct-t:
.4.,. ? WESTER SURETY COM NY
2. ygora
_sat. A!�
•
3.'•.- S£A�" rt4Yc Stephen T. Pace,president
SThT ®�' O.0 „,,Ss6TA 1 as
COUNTYt NWHAHA I
On this 1st day of DecE her___ in the year.., 002,_.,before me, a notary public,personally appeared
Stephen T. Pate, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation.
J. MOHR $
�/ NOTARY PUBLIC ---• --- � __.-_
f '\SOUTH DAKOTA { Notary Public-South Dakota
I My C w •inn Expires 10-22.2005 } •
.
♦ .e
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota,do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable,and furthermore, that Section 7 of the bylaws of the Company
as etc forth in the Power of Attorney is now in force.
In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this...--_. „,1St _
- _December ___ __10(21. _ ..-day of
WESTER S RE�T-�Y^COM _�NNY
_- / • /itfl .
Form Fdsa9 Stephen T.Pate,President
4C/iri MEMORANDUM
W■�� � TO: Lee Morrison 12/18/02
FROM: Chris Gathman E.
SUBJECT: Improvements agreement/collateral for SPR-355 (Lucky Stars
Car Wash)
Is this agreement and collateral acceptable?
''16 or \
SERVICE,TEAMWORK,INTEGRITY,QUALITY
11/07/2002 15:34 3036840770 HORIZON BANKS PAGE 01/02
u nrr/0Z 13:13 FAS 870 304 8488 WELD PLANNING a 00E
I":a,dsceutr,tx, carvuashMilkyray Lot a._„.. _ .
From: LEE Montson
To; Chris Gatfrnan; DONALD Carroll •
Date: 11/6/021129AM
Subject carwash Milky Way-Lot4
I told Mr Consbruck-the Banker-that I would support leaving out the concrete pad from the collateral-I
think it is analagous to the paving of the RV sales lot-w/o It,they would not have a feasible car wash. He
will still provide collateral for the landscaping
•
il\V'Yloo\lC6\ ill
it
')/„Inr)-/ 4
•
From : KD & KOhPRNY SPRINKLER LANDSCA PHONE No. : 970 532 2166 Oct.31 2002 10:24fN1 P01
KD Be KOMPANY SPRINKLER Ba LANDSCAPING
(9701-92-9814
Paul &JoEllen Gonzales
Lucky Start aarwash Thar. 10/31102
. Quotation for sprinkler&landscaping
1-Sprinkler system-5 year wensrriyy tin all pats at+d labor. $1$75
2-Soil preparation-Composted, rototllled, &graded. S 855
3-Rock mptctr lnstalludihallspecfledareas:~1 1112•River rock. S'1229
4-Edging:t weed barrier fatxic.. $890
5-Trees,i shrubs-As spaaiffed on plats.. S 7000
6-Bluegrass sod- ' • • S2294
6-Seed-
1121B
Total installation price- $3/4151519
Thankyou for thetimortunttyinprovldhtgyou 9t h this quote.
DeWayne Purman
Hello