HomeMy WebLinkAbout900575.tiff AR2309,539
RESOLUTION
RE: APPROVE PERFORMANCE GUARANTEE AGREEMENT WITH B.L. VENTURES,
INC.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
`° o Rule Charter, is vested with the authority of administering the
o affairs of Weld County, Colorado, and
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WHEREAS, B.L. Ventures, Inc. , is the owner and holder of a
Certificate of Designation and a Use by Special Review for a
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o w livestock trailer wash facility on property described as part of
o Section 1 , Township 5 North, Range 65 West of the 6th P.M. , Weld
o a County, Colorado, and
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x WHEREAS, a Performance Guarantee Agreement has been presented
o to the Board for its consideration, with the terms and conditions
d a being as stated in said Performance Guarantee Agreement, a copy
N being attached hereto and incorporated herein by reference, and
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' a WHEREAS, after study and review, the Board deems it advisable
a and in the best interests of Weld County to approve said
Ch C.) Performance Guarantee Agreement.
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o H NOW, THEREFORE, BE IT RESOLVED by the Board of County
-I E Commissioners of Weld County, Colorado, that the hereinabove
' En
a mentioned Performance Guarantee Agreement with B.L. Ventures,
a Inc. , be , and hereby is, approved.
M W
cow The above and foregoing Resolution was, on motion duly made
en z and seconded, adopted by the following vote on the 27th day of
N < June, A.D. , 1990 .
U a BOARD OF COUNTY COMMISSIONERS
a l ATTEST: irm WELD UNTY, COLORADO
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• r Weld County Clerk and Recorder
� � and Clerk to the Board end a R. B�tner, Chairman
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b"J14-�I� - '� cti� rz� George R nnedy, Pro-Tem
C r eputy County k
APPROVED AS TO FORM: Constance L. Harbert
C. Ki
nt Attorney
Gor:o:b yr . a
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900575
PERFORMANCE GUARANTEE
THIS AGREEMENT made and entered into this 27th day of
o June , 1990 , by and through the County of the Weld , State of
t.00 v Colorado , acting through its Board of County Commissioners ,
o - hereinafter called "County" and A.L. Ventures , Inc . , hereinafter
N o called "Applicant" .
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A a WITNESSETH
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WHEREAS , B . L. Ventures , Inc , is the owner and holder of a
i:4 Certificate of Designation and a Use by Special Review ( USR-899 )
o for a livestock trailer wash facility; and
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.c w WHEREAS , said Use by Special Review and Certificate of
-to Designation were approved on February 21 , 1990 at a public
� x hearing; and
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N a WHEREAS , by Resolutions approved on February 21 , 1990 by
--, the County , the Applicant was required to enter into a
o H Performance Guarantee with the County to handle eventual closure
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w of the livestock trailer wash; and
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w WHEREAS , Applicant shall guarantee the performance of
� w closure of the facility;
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o z NOW, THEREFORE, in consideration of the foregoing and of
N Z the acceptance and approval of said Use by Special Review and
o Certificate of Designation, the parties hereto promise, covenant
a and agree as follows:
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4C 1 . 0 Closure of the Facility . Upon closure of the
r- Ln facility , all wastes shall be removed and/or treated , all
m r- structures shall be recycled or disposed of, and the site shall
i be graded and seeded in accordance with the recommendations of
m w the Soil Conservation Service.
2 . 0 Amount of Guarantee . The Applicant has estimated the
expense of removing the concrete, tanks and buildings , necessary
leveling and seeding and removal of all manure waste will cost
not more than the sum of Ten Thousand Dollars ($10,000. 00 ) .
3 . 0 Payment of Guarantee. The guarantee sum in the amount
of Ten Thousand Dollars ( $10 , 000 . 00 ) shall be paid ten days
before the facility is to commence operations and shall remain in
place and continue for the life of the facility or until closure
or abandonment.
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2 5 1990
WCIa Cu. Q)IOW teatrui 900575
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 a
o account of such suit , action or claim, together with all
o c.) reasonable expenses and attorney fees incurred by County in
defending such suit , action or claim whether the liability, loss
M v or damage is caused by, or arises out of the negligence of County
Q or its officers , agents , employees or otherwise except for the
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• liability, loss or damage arising from the intentional torts of
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0 3 the gross negligence of the County or its employees while acting
o a within the scope of their employment
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a 4 . 1 Applicant shall indemnify and hold harmless the
o Platteville Fire Protection District from any and all liability ,
aloss and damage that Platteville Fire Protection District may
N suffer as a result of all suits , actions or claims of every
nature and description caused by, arising from or on account of
x the activities of Platteville Fire Protection District in
w inspecting the facility and enforcing the terms of this
rn agreement , the Certificate of Designation or Amended Use by
Special Review 842 .
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O N
H 5 . 0 No Benefit or Waiver. No portion of this agreement is
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intended to confer a benefit on any person not a party to this
w contract nor constitute a waiver of any privilege or immunity
a, O held by the parties to this agreement or their officers , agents
w w or employees.
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m z 6 . 0 General Requirements of Collateral. The value of all
o collateral submitted to County must be equivalent to 1008 of the
c..) a value maximum amount as shown in Paragraph 4.0 of this agreement.
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7 . 0 Guaranty Collateral : The types of collateral listed
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below are acceptable to Weld County subject to final approval by
rn � the Board of County Commissioners.
7 . 1 An Irrevocable Letter of Credit from a Federal or
State licensed financial institution on a form approved by Weld
County. The letter of credit shall state at least the following:
( a) The Letter of Credit shall be in an amount equivalent
of 1008 of the total value of the Performance Guarantee as set
forth.
( b ) The Letter of Credit shall provide for payment upon
demand to Weld County if the developer has not performed the
obligations specified in this agreement and issuer has been
notified of such default.
900575
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( c ) The applicant may draw from the Letter of Credit in
accordance with the provisions of this policy.
( d ) The issuer of the Letter of Credit shall guarantee
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that at all times the unreleased portion of the Letter of Credit
. shall be equal to a minimum of 100% of the estimated costs of
d o• completing the uncompleted portions of the required improvements ,
based on inspections of the development by the issuer.
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a
o ( e ) The Letter of Credit shall specify that 158 of the
• total Letter of Credit amount cannot be drawn upon and will
fatW remain available to Weld County until released by Weld County.
a
p ( f ) The Letter of Credit shall specify that the date of
w proposed expiration of the Letter of Credit shall be either the
d a date of release by Weld County of the final 158 or one year from
N a the date of Site Plan approval , whichever occurs first . Said
~i x Letter shall stipulate that, in any event, the Letter of Credit
W shall remain in full force and effect until after the Board has
N a received sixty ( 60 ) days written notice from the issuer of the
• v Letter of Credit of the pending expiration. Said notice shall be
o H sent by certified mail to the Clerk to the Board of County
w Commissioners.
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w 7 . 2 A surety bond given by a corporate suety authorized to
m o do business in the State of Colorado in an amount equivalent to
co w 1008 of the value of the performance as specified in this
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agreement.
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o 7 . 3 A cash deposit or certificate of deposit or savings
✓ deposit or some other type of deposit acceptable in form to the
ulCounty shall be made with the County equivalent to 1008 of the
value of the required guaranteed performance.
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M r- 7 . 4 An escrow agreement providing cash in escrow of at
least 1008 of the value of the required guaranteed performance
m w and providing that the escrow agreement is in a form acceptable
to the County.
8 . 0 Request for Release of Collateral. Prior to release
of collateral , the applicant must present a statement of
compliance from an engineer registered in the State of Colorado
indicating that the facility has ceased operations and all waste
material , concrete, tanks and buildings have been removed and the
facility seeded in accordance with Soil Conservation Service
requirements . The statement must also be approved, in writing,
by the Weld County Department of Planning Services and Weld
County Health Department.
9 . 0 Review of Collateral. Upon 90 days notice from County
to Applicant, the amount of the Performance Guarantee sums shall
9005'75
3
be reviewed by the County to determine adequacy . Should a
preliminary finding be made that additional sums are necessary to
-guarantee performance, County shall schedule a hearing before the
o o Weld County Board of County Commissioners to determine if there
o -has been a substantial change in circumstances such that the
WI o -collateral is insufficient to guarantee performance under this
o agreement . The hearing shall be in the form of a quasi-judicial
a
hearing with notice and opportunity for public comment and be
o w held in accordance with the procedures set forth in the Weld
O 3 County Administrative Manual , General Administration Section ,
oo w "Applications for Land Use for Property Previously Denied. "
a
x 10 . 0 Successors and Assigns . This agreement shall be
binding upon the heirs , executors , personal representatives ,
successors and assigns of the applicant, and upon recording by
the County, shall be deemed a covenant running with the land
herein described , and shall be binding upon the successors in
x
x ownership of said land.
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� C.) IN WITNESS WHEREOF , the parties hereto have caused this
n z agreement to be executed on the day and year first above written.
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H BOARD OF COUNTY COMMISSIONERS
cx WEL UNTY, COLORADO:
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ATTEST:"11Weld Cou y Clerk & Recorder
V-,
eL r, ti TS BOARD:
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By: \- , � ,k_L.C
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900575
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APPROVED AS TO FORM:
County Attorney
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B.L. VENTURES, INC.
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