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Home My WebLink About20050784.tiff 885 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE 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,by Resolution dated October 1,2002,the Department of Planning Services staff approved a Site Plan Review, SPR#355, for Lucky Stars Car Wash, LLC, 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, and WHEREAS, on December 30, 2002, the Board of County Commissioner of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements(Private Road Maintenance)for Site Plan Review,SPR#355, 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, c/o Paul and JoEllen Gonzales, Jr., with terms and conditions being as stated in said agreement, and accepted Plat Bond (Off-Site Bond)#69433837,drawn on the Western Surety Company, a corporation of Sioux Falls, South Dakota, in the amount of $15,159.00, and WHEREAS, staff from the Weld County Department of Planning Services has conducted a visual inspection and recommends release of said collateral. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Plat Bond (Off-Site Bond) #69433837, drawn on the Western Surety Company, in the amount of$15,159.00 be, and hereby is, canceled and released. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said collateral to the appropriate issuing party. 1111111111111111 �� III 111111111111 Mill 1111 JUl 3271885 03/28/2005 12:47P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2005-0784 PL1643 (10 ; PL C� ti) 03-aS -OS- CANCEL COLLATERAL - LUCKY STARS CAR WASH, LLC, CIO PAUL AND JOELLEN GONZALES, JR. PAGE 2 above and foregoing Resolution was,on motion duly made and seconded,adopted by vote on the 9th day of March, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO William H. J ke, Chair e d County Clerk to the Board M. J. ile, Pro-Tem BY: Deputy Cler to th Board Da id E. Long AP D AS TO 1 11` Robert D. Masden ountyAttorney EXCUSED Glenn Vaad Date of signature: 4 I 111111 11111 III 1111111 III III II 111111 III Hit��II IIII 3271885 03/28/2005 12:47P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk C& Recorder 2005-0784 PL1643 MEMORANDUM . TO: Board of County Commissioners 3/2/2005 COLORADO FROM: Chris Gathman - Planner II , SUBJECT: Release of Collateral for SPR-355 (Lucky Stars Car Wash) On December 30, 2002 the Board of County Commissioners approved collateral in the form of a Irrevocable Letter of Credit the amount of Fifteen Thousand One Hundred Fifty Nine Dollars ($15,159.00) for Site Plan Review 355 (Lucky Stars Car Wash). Collateral covered the following items: 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 site by the Department of Planning Services it has been verified that all improvements have been completed and the Department of Planning Services recommends that the full amount of collateral be released. SERVICE,TEAMWORK,INTEGRITY,QUALITY 2005-0784 �L/Gy3 Feb 24 05 10: 40a Paul Gonzales Jr. Masonry 303-772-6181 p. 2 . Paul Gonzales Jr. Masonry, Inc. 1716 South 3-Corseshoe Circle Longmont, CO 80.504 • t'W Office 303-776-8093 -' FaX 303-772-6181 February 18, 2005 Weld County Planning Department ATTN: Chris Gathman 1555 North 17th Avenue Greeley, CO 80631 Office: 970-353-6100 ext. 3520 Fax: 970-304-6498 Chris: We would like to request that the Surety Bond that was used for collateral for the landscaping requirements at Lucky Stan Car Wash, 3641 Stagecoach Road, Longmont, be released. This bond was implemented in December.2002 and intended to cover the newly installed landscaping at the car wash through two spring seasons, which has been done. Per your email to me on February 17, 2005, you indicated that staff has verified that all of our improvements have been completed: therefore, I believe that it is appropriate that the Bond requirement be released at this time. You stated that these requests are usually presented to the Weld County Board of Commissioners on Mondays and since Monday, February 21. 2005 is President's Day, I assume that this will be reviewed at the Monday, February 28, 2005 meeting. You also indicated that it would not be necessary for us to attend the meeting. If that changes, please let us know. If you have any questions please call 303-651-6773 (home), 303-818-0332 (Paul's cell), or 303- 818-0333 (JoEllen's cell). Thank you for your assistance with this matter. Sincerely. Paul and JoEllen Gonzales cc: American Family Insurance Barbara Neville, Agent Office: 303-988-9338 Fax: 303-988-9515 0 (et, ;sx, CLERK TO THE BOARD PHONE (970)336-7215, Ext. 4225 FAX: (970)352-0242 P. O. BOX 758 O GREELEY, COLORADO 80632 COLORADO March 29, 2005 Lucky Stars Car Wash, LLC c/o Paul and JoEllen Gonzales, Jr. 1716 South Horseshoe Circle Longmont, Colorado 80504 RE: Cancellation and release of Collateral To Whom It May Concern: Attached hereto please find a copy of the Board of County Commissioner's Resolution approving the cancellation and release of your collateral. The original Plat Bond (Off-Site Bond) #69433837 is enclosed, per your instructions. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4226. Very truly yours, BOARD OF COUNTY COMMISSIONERS By: leuti e <<4 Esther E. Gesick, Deputy Clerk to the Board NO FOR LONG CAN ELAT' REQOIR By. ' AT ION ED' T USED Esther DePut3 Ze k sick • PLAT tNDo (Off-Site BO Bond) the Board Bond No. —_ 69433837 $379.00_ _ Premium _ (Due annually until released by Obligee after the initial two-year fully earned period.) KNOW ALL PERSONS BY THESE PRESENTS,That we, Paul Gonzales Jr. Masonryl Inc. 1716 Syorseshjpe Cir. , Longmont, -CO 80504 (the "Principal") and WESTERN SURETY COMPANY, a South Dakota corporation (the "Surety"), are held and firmly bound unto Weld Cnitnty Planning Departmenr (the"Obligee")in the sum of not to exceed Fifteen Thoilsand One Hundred Fifty_eline and, 00/too DOLLARS($ $16. 159.00 ),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._1r Western Dairymen _ COODerative, Inc. (Mil k ,Way Business Park) , Longmont. CO_ described as Landscaninq at Lucky Stars Car Wash, 3641 Stagecoach Rd., Longmont, CO 80504 — �._.. .._, and WHEREAS, as a precondition of approving the plat, the Obligee requires that the Principal make those improvements as more particularly sot forth in Improvements Agreement According to Policy Regarding _Collateral for Improvements_„(Private Road Maintenance) (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_ Massenry, Inc. WESTERN SURETY COMPANY Principal BY-------------------------- ---------- By � " --. _-.. 5URFIY Its_ Craig Edward Hallbauer Attorm �' °o CORPORATE'2n By_ ... .. SEAL Licensed Reso& s oUTN UPµU• • Fern Fens • • ACKNOWLEDGMENT OF SURETY STATE OF Wisconsin (Attorney-in-Fact) COUNTY OF Daneits • On this Yfit day of December 2002 Craig Edward Hallbauer l bauer and for said County,personally appeared .before ma,a notary public in 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 Stets 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 Hallbauer acknowledges said insuument to be the tree act and deed of said corporation and that he has authority to sign said instrument without affiving the corporate seal of said corporation. IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my official seal at Mari i cnn Wisconsin ,the day and yin last above written. My commission expires �f August 7 2005 Fenn 10e-a•t000p�J" Notary Public Western Surety Company POWER OF ATTORNEY-CERTIFIED COPY • Bond No. —69433837 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and orating 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 ,.. r=a i g criwa t•rl, pa 1 1 h,aue� its true and lawful attornoy(s)•in•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 Jr. Mascnry, Inc. Obligee: Weld County Planning Department Amount: $100, 000.00 and to bind the Company thereby as fully and to the same extent 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 and 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 effect. '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 Fact 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.' AU authority hereby conferred shall expire and terminate,without notice, unless used before midnight of_i:te ce er _. 2004 ,but until such time shall be irrevocable and in full force and effect, In Witness Whereof, Western Surety Company has caused these presents to be signed by its President,Stephen T. Pate,and its corporate 's6Jti puExed this lst -_ day of Decembex , _ 2002 S ACT>-"-. St.. c1% WESTER SURETY COMM �NY _ ur, PAR '� - �Einfo �yv— . 3 t•, S£ AV Stephen T.Pate,President steryo� OUT136TA COUN'ribTTI } ss On this 1st day of _ eCetnber_ in the year.. 2002,_-,before me,a notarypublie,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. arswheess eer.ww.. ees.- ..: ttr.. J. MOHR f ��y 2 f(/�$��a.�.�NOTARY PUBLIC,�••ma�yy `�Y ta""'-`�- -- 1SOUTH DAKOTA Notary Public-South Dakota My Commission Expires 10.22.2006 ♦r -' - - h♦ 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 set 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 _-day of -December 2002, -- WESTER S RETY CIO, M ;Y Stephen T.Pate.President Form F$306 Hello