HomeMy WebLinkAbout890553.tiff AR2 ®9842
RESOLUTION
RE: APPROVE PERFORMANCE GUARANTEE FOR TIRE MOUNTAIN, INC. ,
L00 WHEREAS, the Board of County Commissioners of Weld County,
00 Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
" U affairs of Weld County, Colorado, and
O WHEREAS, Tire Mountain, Inc . , is the owner and holder of a
c Certificate of Designation and a Use by Special Review Permit for
o x a solid waste disposal site on property described as being located
�rw in the SE* of Section 32 , Township 3 North, Range 65 West of the
a 6th P.M. , Weld County, Colorado, and
0
W WHEREAS , a Performance Guarantee has been presented to the
N a Board for its consideration, with the terms and conditions being
•• w as stated in said Performance Guarantee, a copy of which is
x attached hereto and incorporated herein by reference, and
W
N a WHEREAS , after study and review, the Board deems it advisable
u and in the best interests of Weld County to approve said
o H Performance Guarantee .
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,H.� m NOW, THEREFORE, BE IT RESOLVED by the Board of County
a Commissioners of Weld County, Colorado, that the hereinabove
N 0 mentioned Performance Guarantee for Tire Mountain, Inc. , be, and
cr CO w hereby is , approved.
m
m Z The above and foregoing Resolution was , on motion duly made
No and seconded, adopted by the following vote on the 28th day of
U a June , A.D. , 1989 .
w FC
rx £ O�• _ �.�. • . BOARD OF COUNTY COMMISSIONERS
o ATTEST: ^ WELD COUNTY, COLORADO
Lt1 CD
M CO
'" Weld County Clerk and Recorder
W W and Clerk to the Board C.W. Kir y, C irman
$y; ^. ' A 4t) J el e Jo on, Pro-Tem
Deputi, eilatf2lerk
APPROVED AS TO FORM: Gene R. Brantner
George Ken e y
„C / ' &el i
J4< County Attorney
, Gord c
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PERFORMANCE GUARANTEE AGREEMENT
THIS AGREEMENT made and entered into this 28th day of
June , 1989 , by and through the County of Weld , State of
Colorado , acting through its Board of County Commissioners ,
o hereinafter called "County" and Tire Mountain , Inc . , hereinafter
• v called "Applicant" .
N U WITNESSETH:
a
o WHEREAS , Applicant is the owner and holder of a Certificate
o a of Designation for a solid waste disposal site and a Use by
+e Special Review (No. 842) ; and
o WHEREAS , the subject property is located in part of the
• Southeast Quarter ( SEA ) of Section Thirty-two ( 32 ) , Township
Three ( 3 ) North, Range Sixty-five ( 65) West of the 6th P.M. , Weld
County , Colorado; and
� x
WHEREAS , by resolutions approved on January 25 , 1989 by the
U County the Applicant was required to enter into a performance
guarantee with the County providing for closure and reclamation
z
o H of the subject permitted property; and
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H a WHEREAS , Applicant shall guarantee the performance of two
methods of facility operation and closing being recycling of
N N tires and/or ultimate disposal as further described in Paragraphs
w
cow 2.0 and 3 . 0;
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N ,4 NOW , THEREFORE , in consideration of the foregoing and of
o the acceptance and approval of said Use by Special Review and
U a Certificate of Designation , the parties hereto promise , covenant
wx and agree as follows :
in 0 1 . 0 Closure of Facility : Closure of the facility will be
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accomplished in accordance with the published regulations in
place at the time of closure and in accordance with regulations
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as promulgated by the Colorado Department of Health , Hazardous
Material and Waste Management Division and in accordance with the
Certificate of Designation and Use by Special Review as approved
on January 25 , 1989 . Closure activity will depend upon whether
or not the tires at the site are recycled .
2 . 0 Recycling of Tires : If the tires are recycled and
thereby removed from trenches and the use of the trenches is to
be discontinued , the trenches used to store tires while awaiting
recycling will be filled with the adjacent excavated material
after all tires have been removed . Filling will occur to the
approximate contour that existed before the trench excavation
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occurred and after each trench is returned to its original
condition , the area will be planted with native grass as
o recommended by the Soil Conservation Service .
oU
0
0 2 . 1 The estimated cost of filling and revegetating each
u trench is $5 , 400. 00 and the sum of $5 , 400 . 00 shall be guaranteed
q by Applicant for each trench as it is opened by recycling
o w operations .
oz
o x 3 . 0 Ultimate Disposal : In the event recycling operations
±Fkol do not take place the ultimate disposal of the tires will be
o
• accomplished by the entire trench being covered with approved
u materials as approved by the Weld County Health Department , Weld
a
County Department of Planning Services and Colorado Department of
N Health , Hazardous Material and Waste Management Division . It is
estimated that the sum of $8 , 000 . 00 shall be required for
r reclamation and revegetation of the entire site , thus , the
a
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• Applicant shall provide a sum of $8 , 000 . 00 pursuant to this
N
Ch U agreement as a guarantee for performance of ultimate disposal.
o H 4 . 0 Initial Guarantee : Initial guarantee in the amount
F of $8 , 000 . 00 shall be paid within 90 days from the date of
el m recording of the Use by Special Review plat . This guarantee
w shall remain in place and continue for the life of the facility
N.41 and until final closure has occurred providing there is not
m w recycling . As any individual trench is identified for use in
o z recycling , the sum of $5 , 400. 00 shall be provided as a guarantee
N 4 of proper closure of that trench and it is agreed that the
o initial $8 , 000 . 00 guarantee sum will be used as a part of the
U a guarantee for each individual trench used for recycling . It is
a also agreed that in the event a recycling guarantee is provided
r-- o and such recycling does not occur , the guarantee in excess of
XI $ 8 , 000 . 00 will be returned to the Applicant upon proper
rl m verification that recycling has not occurred and the trench is
w not abandoned.
5 . 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 an
account of 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 County
or its officers , agents , employees or otherwise except for the
liability , loss , or damage arising from the intentional torts of
the gross negligence of the County or its employees while acting
within the scope of their employment .
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6 . 0 No Benefit or Waiver: No portion of this Agreement is
intended to confer a benefit on any person not a party to this
contract nor constitute a waiver of any privilege or immunity
held by the parties to this Agreement or their officers , agents
or employees .
v O 7 . 0 General Requirements for Collateral : The value of all
collateral submitted to County must be equivalent to 100% of the
A value of the guaranty as shown in this agreement .
ow
o 8 . 0 Guaranty Collateral : The types of collateral listed
ow below are acceptable to Weld County subject to final approval by
tit 03 the Board of County Commissioners .
v 8 . 1 An irrevocable Letter of Credit from a Federal or
a State licensed financial institution on a ° form approved by Weld
County . The letter of credit shall state at least the following:
N
( a ) The Letter of Credit shall be in an amount
N equivalent of 100 % of the total value of the
mu performance guarantee as set forth.
N 2
o H ( b ) The Letter of Credit shall provide for payment
F upon demand to Weld County if the developer has not
a performed the obligations specified in this Agreement
NA and the issuer has been notified of such default .
o w
ow ( c ) The applicant may draw from the Letter of Credit
o z in accordance with the provisions of this policy.
N4
r ( d ) The issuer of the Letter of Credit shall guarantee
w that at all times the unreleased portion of the Letter
of Credit shall be equal to a minimum of 100% of the
r• estimated costs of completing the uncompleted portions
M w of the required improvements , based on inspections of
the development by the issuer.
PI 44
( e ) The Letter of Credit shall specify that 15% of
the total Letter of Credit amount cannot be drawn upon
and will remain available to Weld County until released
by Weld County.
( f) The Letter of Credit shall specify that the date
of proposed expiration of the Letter of Credit shall be
either the date of release by Weld County of the final
15% or one year from the date of Site Plan approval ,
whichever occurs first . Said letter shall stipulate
that , in any event , the Letter of Credit shall remain
in full force and effect until after the Board has
received sixty (60) days written notice from the issuer
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of the Letter of Credit of the pending expiration .
Said notice shall be sent by certified mail to the
Clerk to he Board of County Commissioners .
Lo 8 . 2 A surety bond given by a corporate surety authorized
0 ov to do business in the State of Colorado in an amount equivalent
pin to 100% of the value of the performance as specified in this
o Agreement .
O
aow 8 . 3 A cash deposit or certificate of deposit or savings
0 3 deposit or some other type of deposit acceptable in form to the
ow County shall be made with the County equivalent to 100% of the
fit q value of the required guaranteed performance.
o 9 . 0 Request for Release of Collateral : Prior to release
m' x of collateral , the applicant must present a statement of
compliance from an engineer registered in Colorado indicating
that the type of activity being either ultimate disposal , closure
a of the facility or recycling has been completed in substantial
N a compliance with approved plans and specifications and the same
o u must also be approved , in writing, by the Weld County Department
• z of Planning Services and Weld County Health Department .
O H
� H 10 . 0 Review of Collateral : Upon 90 days notice from
r-' % County to Applicant , the amount of the performance guarantee sums
shall be reviewed to determine adequacy for both recycling and/or
.t• w ultimate disposal.
m W
11 . 0 Successors and Assigns : This agreement shall be
N < binding upon the heirs , executors , personal representatives ,
successors and assigns of the applicant , and upon recording by
w x the County , shall be deemed a covenant running with the land
rxg herein described , and shall be binding upon the successors in
r N ownership of said land .
Ln
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IN WITNESS WHEREOF , the parties hereto have caused this
row agreement to be executed on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO:
C-6/ 121 , y.__ „ 12_
Sit ila:41-/-
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ATTEST:‘72Weld o my Clerk & F e &rder
CLERK TO ,THE BOARD:
By:
APPLI ANT:
TIRE MOUNTAIN, INC .
By:ètJamZS1deflt
Jar
APPROVED AS TO FORM:
-,County Attorney
B 1357 REC 02309842 11/05/92 12 : 24 $0 .00 6/006
F 1813 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
830553
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BACK-UP FOR THIS RESOLUTION IS FILMED AND FILED WITH THE RESOLUTION
GRANTING A SPECIAL REVIEW PERMIT TO TIRE MOUNTAIN, INCORPORATED
890116
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