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Home My WebLink About20030025.tiff .1 582 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL, AND ACCEPT REPLACEMENT 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 a an Open Pit Gravel Mining Operation and Concrete Batch Plant 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, 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 (Public) for Use by Special Review Permit#1329, 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 Performance Bond #880900S, in the amount of$237,448.00, and WHEREAS, staff from the Weld County Department of Public Works has conducted a visual inspection and recommends release of said collateral, with 15 percent of said amount to be retained for the period of one year. WHEREAS, upon recommendation of staff, the Board deems it advisable to release said collateral and accept Performance Bond #880900S/12-19-02, in the amount of$12,000.00, as replacement collateral to ensure the quality of the pavement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Performance Bond #880900S, in the amount of$237,448.00 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. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Performance Bond #880900S/12-19-02, in the amount of$12,000.00 be, and hereby is, accepted to be retained for the period of one year to ensure the quality of the pavement. I11111111111111111111111111111111111111III11111Ill 2003-0025 10of52 R 0.00/2D03 0.00 2:58P Weld S Steve Moreno ounty, CO Clerk PL1520 & Recorder �� , E1� � i ,9"/2_ ft CANCEL COLLATERAL - LOVELAND READY MIX CONCRETE, INC. (USR#1329) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of January, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WEL OUNTY, COLORAD9 --. -r r ATTEST: ge# r: 1`-',I `�°� t. v' . on Char Weld County Clerk to th r. t \ C c p k-‘l . k Ro ert D. Masden, Pro-Tern BY: G Deputy Clerk to the Board. _X EXCUSED M. J. Geile � AP D AS TO �lw Willis H. Jerke °w ant Fnt -4-te x A 013-e-ef Glenn Vaad »> //Date of signature: �a IIIIIII III III lit 111111HU11l 11,111111It1111 2003 0025 3026582 01124/2003 12:58P Weld County, CO PL1520 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder iskrat. . !LI!c. MFMORANDUM` .!: r E LJ To: Board of County Commissioners December 30, 2002 From: Robert Anderson, AICP ❖ Planner III Subject: Release of Performance Bond 880900S/01-16-02 (USR-1329, Loveland Ready Mix/Green-Croissant Pit)and Acceptance of Performance Bond 880900S/12-19-02 (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). The Items covered under the Letter of Credit included Intersection Improvements to Weld County Roads 13 and 54 (LCR 18). Don Carroll of the Department of Public Works in his memorandum dated October 17, 2002 inspected the required improvements and recommends the release of the collateral referenced above. In accordance with Weld County Policy, the Department of Public Works is recommending that 15%of the hot bituminous pavement item in the amount of$12,000.00 be retained for a period of one year. At the end of the one year period, if the improvements show no sign of distress and no repairs are needed, the collateral will be released. On December 30, 2002, the Department of Planning Services performed a site investigation of the completed improvements for Loveland Ready Mix, Case number USR-1329 at the request of George Steven Fancher, the applicant, and found it to be find in substantial compliance with the Conditions of Approval and USR plat as recorded. The Departments of Public Works(see attached memorandum and Planning Services recommend the release of Performance Bond 880900S/01-16-02 in the amount of $237,448.0 and the acceptance of Performance Bond 880900S/12-19-02 in the amount of Twelve Thousand Dollars and no/100s ($ 12,000.00). // offSERVICE,TEAMWORK INTEGRITY,QUALITY 2003-0025 Weld County Planning Department GREELEY OFFICE Zove and cREady-dv(Lx eonctEEE, LJrzc. DEC 2 6 2002 CONCRETE, SAND & GRAVEL RECEIVED Phone (970) 667-2680 Fax(970) 667-0036 P.O. Box 299-Loveland, Colorado 80539-0299 December 23, 2002 Robert Anderson Long Range Planner Weld County 1555 N. 17th Greeley CO 80631 RE: USR-1329, Loveland Ready Mix Concrete, Inc. Release of Collateral Dear Mr. Anderson: As discussed, I am forwarding Maintenance Bond #880900S in the amount of$12000 per Mr. Carroll's memo of 17 Oct 2002. Please initiate action to release our Performance Bond#880900S dated 16 Jan 2002. Very truly yours, LOVEL ADY ONCRETE, INC. e Steven Fancher Vice President Enclosure. Weld County Planning Department ‘1" it 4 GREELEY OMIT MEMORANDUM OCT z 1 2002 RECEIVED ' TO: Robert Anderson, DATE: Oct. 17, 2002 C Long Range Planner • COLORADO FROM: Donald Carroll, Engineering Administrator SUBJECT: USR-1329, Loveland Ready Mix Inc. Partial Release of Collateral I have received a letter from Taylor Engineering Services certifying the completion of the off site road improvements identified in Exhibit "A" of the Off Site Improvements Agreement. I inspected the site during the overlay portion. The Weld County Public Works Department recommends that the $237,448 collateral being held for the off site improvements is released; however, 15% of the hot bituminous pavement item in the amount of $12,000 will be retained for one year. At the end of the year and if there is no distress or repairs needed, this collateral will be released. On the On Site Improvements Agreement, we are still holding $39,256. pc: Bill Taylor, Taylor Engineering Services Kim Ogle, Planning Services Carol Harding, CTB USR-1329 M:\planning\usr-1.doc . Taylor ir s - Engineering - Services, Inc. 3y rie 9 October 2002 Mr. Donald Carroll Engineering Administrator Weld County Public Works Department P.O. Box 758 Greeley, Colorado 80632-0758 Re: Engineer's Certification of"Green/Croissant Road Improvements" Dear Mr. Carroll: I hereby certify that the roads, appurtenances, and drainage facilities shown in the approved construction drawings have been constructed in conformance with those drawings, and the standards and specifications of Larimer County. I hereby certify that I have conducted adequate inspections in order to assure compliance to County Standards. Construction has proceeded according to the approved plans. The construction plans for "Green/Croissant Road Improvements" were prepared by me under my direct supervision in accordance with the requirements of the Road Standards Manual and Stormwater Management Manual for Larimer County. Sincerely, Ot fiiil 1 r-4 - --- �s3 32205 3lm Bill Taylor, P.E. Ira cite ' TES, Inc. ielAr wbt "r'oxxun$%tnI cc: 02-012 file Steven Fancher, Loveland Ready-Mix 700 E. Locust St., Fort Collins, Colorado 80524 (970) 484-8003 email: tesinc@webaccess.net 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 13IWCR 54 Intersection and Road Design Item No.I Description 1 Quantity I Unit Cost I Extension LS I $8,951.28 $8,951 1 (Mobilization and Bonding I 1 I 2 (Clearing and Grubbing 2.3 AC $500.00 $1,150 3 Misc. Utility Relocates 1 LS [ $2,500.00 $2,500 ` 3930 LF $1.50 $5,895 4 ISawcLtAsohalt $1.50 $4,197 5 I Excavation 2798 II CY 6 Imported Structural Fill 1163 f CY $4.00 $4,652 7 'Imported Shoulder Fill I 3419 CY ` $1.00 $3,419 ! 7380 CY $1.50 $11,070 8 I Embankment Placement F 9, Hot Bituminous Aspalt 1770 TON $45.00 $79,650 ;,% .1: ,,:: ,,,_,,z, 10 12" Overlay 275 TON $45.00 $12,375 11 Site Restoration and Erosion Control 2.3 AC , $1,000.00 $2,300 12 SSignage and Striping ! 1 LS I $2,000.00 l $2,000 13 ;Casing Extension 20 LF I $7 5.00 $1,500 I 575 CY ; $1.00 � $575 575 C $1 00 $875 14 IWCR 13 Imported Structural Fill i I I ` 15 IWCR 13 Embankment Placement I TON $45.00 $38. 3 16 IWCR 13 Hot Bituminous Aspalt _ 864 80 17 IWCR 13 Signage an stripping 1 LS $500.00 I $500 18 i Traffic Control 1 LS I $7,500.00 i $7,500 19 Geotechnical Services 1 } LS $3,500.00 I $3.500 20 Engineering Design & CD's 1 I LS $11,000.00 ' $11,000 21 (Surveying and Staking LS $4,000.00 $4,000 22 15%Contingency 1 LS $32,891.17 $32,891 $237,448 I � 23 TOTAL OPC (Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) Page 11-A 4D-Ell INSCO INSURANCE SERVICES, INC. insccanco Underwriting Manager for: _JICO Developers Surety and Indemnity Company Indemnity Company of California ,$-i, 17780 Fitch,Suite 200•Irvine,California 92614•(949)263-3300 XO6 Q�y¢2 �Gg BOND NO. 880900S O12 �� 6+ pINITIAL PREMIUM: �Grt4tS� 9e2 SUBJECT TO RENEWAL. e a 1 0S9�C (0- �a e.)- $O SUBDIVISION IMPROVEMENTS $4°2cil)" P• to c PERFORMANCE BOND C e� G �•• t y t 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 (g 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 prof 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-a an InJ-mni fm•-I ______ Qzt j-<A. Pi ° BY: / = 01 4-' Attonzey-in-Fact Alberto P:ez Ow-", .„,-w-:)117,11' p vi'l V, rIcll) 10-1277(REV.3/01) �� ,. " ',©ty 'e'rim 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 Attomcy(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 Attorney(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 Chaiman 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 815 day of November,2000. By:David H.Rhodes,Executive We President ,P�SV,AND,'O"o,,, GOppPANY O� to) dPPORgr•FIti; � GpPPORg2,cyi w uSEAL s:— w= = OCT.6 Fo a "- 1967 z `a p 1936 o; z By:Walter A.Crowell, Secretary e' //ow?, "a?' Cq</FOP4x < 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. Di$E J.KAWATA ARM!. DI MM. KAWATA re J ii ',y:NOTARY NBIIC-CALIF0NMA E Signature L 10 � ;1jv °FLANGE COUNTY My C. tEm.an.8,2002 r 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 . 4 By David G.Lane,Chief Operating Officer ID-1380(11/00) 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 By Cindy L. Joh on, Atto -In-Fact PRODUCER: Direct Account Denver 7211 S Peoria Street Ste 290 Englewood CO 80112 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA - PO BOX 19725,IRVINE,CA 92623•(949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each severally,but not jointly,hereby make,constitute and appoint: "*ALBERTO PAEZ, CINDY L. JOHNSON, WILLIAM J. KOSHEWA, JR., JOINTLY OR SEVERALLY*" as the true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney(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°i day of November,2000. pANy By: fr David H.Rhodes,Executive Vice President Sc-.0 A.ND. jryp" •,, ,GpM Pp p c V v -n J,:GOPFpq,9T�q�At k' V." .6 0 la Ellli y`a SEAL . ocT.s 1967 Z V� p• 1936 O? El y By: % •°., /OWF .lab C44/F00.1 Walter A.Crowell, Secretary • 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 tome(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. I DIANE J.KAWATA I %GPI. COMM. T FE MUG E Signature u AOL&I GE COUNTY - L�f?^7 My an 6m.Jan '2002 I • `� 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 Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the B}Zi day of Febn taTy , 7007 • \ .>"-----1 - By • David G.Lane,Chief Operating Officer ID-1380(11/00) Hello