The URL can be used to link to this page

Browse Search

Home My WebLink About20043372.tiff RESOLUTION A� RE: APPROVE CANCELLATION AND RELEASE OF 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, by Resolution dated June 20, 2001, the Board approved the application of Loveland Ready Mix Concrete, Inc., P. O. Box 299, Loveland, Colorado 80539, 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: LotA 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, and WHEREAS, on April 15, 2002, the Board of County Commissioner of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements(Private Road Maintenance), between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County, and Loveland Ready Mix Concrete, Inc. with terms and conditions being as stated in said agreement, and accepted Subdivision Improvements Performance Bond, in the amount of $39,256.00, and WHEREAS,staff from the Weld County Department of Public Works 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 the Subdivision Improvements Performance Bond, in the amount of $39,256.00 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. III1II 11111 Bill 1111111111�IR IN��U�� t 3240 2004-3372 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk C&Recorder pL1372 520 /7( 2 ) CANCEL COLLATERAL - 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 22nd day of November, A.D., 2004. BOARD OF COUNTY COMMISSIONERS A4 EL /� W D COUNTY, � � COLORADO � (� • /D�� d-dh ll "" asi f4-c Robert D. Masden, Chair rel0 faun Clerk to the Board O„-.: A William H erke, Pro-Tem (if bY,',. <7-L.sie'f---yelvt,•15". eputy Clerk to the Board . J. Geile APPR AS TO FOR • EXCUSED David E. Long un Atto ney Glenn Vaad Date of signature: /d -7 C f \III\\IIIII%II I\\\I IIIIII IIIIII IIIII III IIIII IIIt tilt 3246424 12122120 2004-3372 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk PL1520 MEMORANDUM Wa`Pe TO: Board of County Commissioners COLORADO DATE: November 12, 2003 FROM: Kim Ogle, Planner III SUBJECT: Use by Special Review 1329 Loveland Ready Mix, Inc. Release of Collateral On November 10, 2003, the Department of Planning Services performed a review of the case file for completed improvements for the Loveland Ready Mix, Inc., case number USR-1329 at the request of the Department of Public Works. Collateral presently held is for the one year guarantee to the paving line item. At the end of one year and if no distress or repairs are needed to the paving, the fifteen (15) percent collateral ($12,000.) shall be released. Don Carroll of the Department of Public Works in his memorandum dated November 3, 2003 and Robert Anderson, Department of Planning Services, in his memorandum dated December 30, 2002, find the property to be in compliance with the USR plat as recorded. The Department of Public Works, in their memorandum dated November 3, 2003 recommends the release of collateral for the transportation portion of this development. Given that all transportation and non-transportation items had been installed and completed to the satisfaction of the Department of Public Works and the Department of Planning Services, we recommends that Performance Bond 880900S/12-19-02 for Loveland Ready Mix, Inc., in the amount of twelve thousand dollars and no/100s ($ 12,000.00) be released. 2004-3372 � a , � MEMORANDUM WII TO: Kim Ogle, Planner III DATE: 11/3/2003 CFROM: Donald Carroll, Engineering Administrator ,2 COLORADO• SUBJECT: USR-1329, Loveland Ready Mix Inc. Final Release of Collateral I have received a status inquiry for final release of collateral on the USR-1329, Loveland Ready Mix. In reviewing the case file, it has been approximately one year as of October that we accepted the USR for partial release of collateral and retained 15% of the paving item in the amount of$12,000. In my follow-up inspection, I found not distress or repairs needed. The Weld County Public Works Department recommends releasing the 15%, $12,000, as collateral. On the on-site Improvement Agreement, the County was holding $39,256. The additional items appear to be non-transportation oriented and should be verified by Planning Services prior to release. Please find the attached status inquiry sheet. The Weld County Public Works supports the recommendation to release the transportation portion of the collateral being held for this project. pc: pc: Carol Harding, CTB USR-1329 M:\PLANNING\USR-9.DOC oN- S.rt ,•••-"'N 1 •y, mfb ij EXD B1T µAn .l Name of Subdivision orPlannedUnitDeveloptnent• Green/Croissant Sand and Gravel Mine and Concrete Plant j. • • + Use by Special Review#1329 a Filing: __ . 4 Southeast corner of WCR 13 and WCR 54 (LCR 18) Location! Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this • Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do •Q o not apply) - i to r Estimated t 4 Jrrtptavement Unit CKrAgai Construction Cost t--it4 etadingt $0.16/SY $ 320.00 i.' 1 Stt g direr $0.71/SY $ 411.00 Ir I Street base $6.45 SY for road ($860)/S1.35 SY for pkg. area ($600) $ 1,460.00 f Street paving $11.45 SY for road (S1527)/$1.63 SY for pkg. area ($725) $ 2,252.00 ;J{ T � Clubs.zuttc ,and cuivcrts } Sidewalk l 1 Storm sewer facilities - I h RctentioII,ponds _ i I Digit improvements • 1 • subsurface drainafie . Sanitary sewers ,• Trunk and forced lines Mains _ Laterals(house connected) On-site sewage facilities . _ ¢,L- te water surly and storage Water mains(includes bore) o Fire hydrants i Survey and street 1nom Tents and boxes I- I- Strcet lighting a ya.tr ct name si,ps , Fettcinzrcouirements $12.85/LF $13 750.00 • Z • Landscaping Landscape Materials10 0 _ -a ec an scapePreparation $ 5,356.00 I— 4 __ ' Landscape Installation ________S__4_,212...0.0.— 0 Gram lined swale Telephone Gas f.lectric Water transfer - SUB-TOTAL: Engineering and Supervision Costs$ $ 3,569.00 (Testing,inspection,as-built plans and work in addition to preliminary and final plat;supervision of actual construction by contractors) TOTAL ESTIMATED COST OP'tMPROVPMI:NTS AND SUPERVISION $ $39,256.00 - 9 R....r UM M nWfnLfSw,......nwt 11 VA 7C ‘its res CLERK TO THE BOARD PHONE (970)336-7215, Ext. 4225 FAX: (970)352-0242 P. O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO December 28, 2004 Loveland Ready Mix Concrete, Inc. P. O. Box 299 Loveland, Colorado 80539 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 Subdivision Improvements Performance Bond has been returned to: Direct Account Denver, 7211 S Peoria Street, Ste 290, Englewood, Colorado 80112. If you have questions or need additional information,please do not hesitate to contact me at(970) 356-4000, Extension 4217. Very truly yours, BOARD OF COUNTY COMMISSIONERS By: / t Carol A. Harding, c--� Deputy Clerk to the Board .900 3341 74-lsag 4GUG p INSCO INSURANCE SERVICES, INC. insogi co 4 Underwriting Manager for: G o o'UCD" Developers Surety and Indemnity Company Indemnity Company of California 1778 itch,Suite 200•Irvine,Califomia 92614•(949)263-3300 , 4%. BOND NO. 880901S Q INITIAL PREMIUM: �G4•S' K.° SUBJECT TO RENEWAL. ° tiP y`f 'QAO SUBDIVISION IMPROVEMENTS -4s) sw9 PERFORMANCE BOND X404 9y4 A KNOW ALL MEN BY THESE PRESENTS: That we, Loveland Ready Mix Concrete, Inc. ,as Principal, and Developers Surety and Indemnity Company ,a corporation organized and doing business under and by virtue of the laws of the State of Iowa and duly licensed to conduct a general surety business in the State of Colorado as Surety,are held and firmly bound unto The County of Weld,through its Board of County Commissioners, 1111 H Street,Greeley,Colorado 80632-0758 as Obligee,in the sum of Thirty Nine Thousand Two Hundred Fifty Six Dollars ($39,256.00 )Dollars,for which payment, well and truly to be made,we bind ourselves,our heirs,executors and successors,jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS,the above named Principal entered into an agreement or agreements with said Obligee to: Improve Private Road per Improvement Agreement between County of Weld and Loveland Ready Mix Concrete Inc. As defined per Exhibit A @ Subdivision known as Green/Croissant Sand And Gravel And Concrete Plant. NOW THEREFORE,the condition of this obligation is such,that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety,this obligation shall be void,otherwise it shall remain in full force and effect. IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attomey-in-Fact at Englewood, Colorado ,this 16 day of January 2002 YEAR "PRINCIPAL" "SURETY" • Lovee:ay1ndd Ready Mix Concrete, Inc Develo ers S e nd Indem Co n � a t \ l��urrr. � A BY: Attorney-in-Fact //Z35 Albert aez(O�YvT 1O-1277(REV.3/01) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623•(949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each severally,but not jointly,hereby make,constitute and appoint: ***ALBERTO PAEZ, CINDY L. JOHNSON, WILLIAM J. KOSHEWA, JR., JOINTLY OR SEVERALLY*** as the true and lawful Attomey(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 attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8'h day of November,2000. By: ,,,,I,II, David H.Rhodes,Executive Vice President oQEZV AND/NQ°n,, GOpDPANYO,e cG�pPOgy Fyti; > GOPPOR4 0 / 1/4 M Mt SEAL <I W = ocr.s �o $ By: 1/ V U, p, 1936 •e 0 1967 it Walter A.Crowell, Secretary i*P',.•'aao° 2 C'7<I oc 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. DMEJ.KAWATA ' tc comm.01167028 to ]..\ r;,y,NOTARY RELIC-CALIF09MAE Signature L�tip.z mv^:% ORANGE COUNT/ My Court Cm.in B,2002 CERTIFICATE The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,arc in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California.the 16th day of January , 2002 . By Cal 4 David O.Lane,Chief Operating Officer ID-1380(11/00) BOND RIDER DEVEtOPERS,sURETy`aNDINbEtMnN1t VPMP NY 17780`FITCH'SUITE.200/IRVINEtCA*92614 - DATE OF NOTICE BOND NUMBER TYPE OF BOND LICENSE# 2/8/2002 880901S Subdivision Improv Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions agreements, or warranties of the above mentioned bond, other than stated below. OBLIGEE: The County Of Weld Through Its Board Of County Commissioners 1111 H Street Greeley CO 80632 Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective 01/16/02. This Rider is on behalf of Loveland Ready Mix Concrete Inc understood and agreed, effective from above date, that: Change The Address For The Obligee, Weld County From: 1111 H Street, Greeley, Co To: 915 10th Street, Greeley, Co 80632 Provided, however, that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed this 8 day of February, 2002 By 7t"' -/._, Cindy L. Jo son, Att 77 -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 Attomey(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,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 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the 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 8th day of November,2000. By: , ,,,,,,...o. David H.Rhodes,Executive Vice President `°Q,�.,P . :;yp °•, GOM poPAN�rF Y O�c "co sco: boa �aT�:?Z : 2 GAP w SEAL ` = w txT.s a 967 'p 2 1936 pe Z By: its Walter A.Crowell, Secretary '•,9S ., OWP,,:2da,<� CA UFOFW* STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE On November 8,2000,before me,Diane I.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. OVWEJ.KAWATA a(gilirg IX1MM.+�1167928 L � � ro 7j!;a.H0MYOOHNiGE COUNTY Signature t �f,�Y My Crum Eiv.Jan.8,2902 CERTIFICATE The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of 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) Kit CLERK TO THE BOARD PHONE (970)336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO December 28, 2004 Direct Account Denver 7211 S Peoria Street, Ste 290 Englewood, Colorado 80112 RE: Cancellation and release of Collateral - Loveland Ready Mix Concrete, Inc. 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 collateral, as referenced above. The original Subdivision Improvements Performance Bond is also enclosed. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4217. Very truly yours, BOARD OF COUNTY COMMISSIONERS By:/1-4-1-1d44.11 Carol A. Harding, Deputy Clerk to the Board Hello