The URL can be used to link to this page

Browse Search

Home My WebLink About952123.tiffAkd460352 RESOLUTION RE: APPROVE RELEASE OF COLLATERAL - FLATIRON STRUCTURES COMPANY, S #316 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 December 23, 1991, the Board did approve a Road Improvements and Maintenance Agreement with Flatiron Structures Company for a PUD Plan, S #316, concerning property described as W% of the SW% of Section 11, Township 12 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, pursuant to said agreement, Performance Bond No. 400GR 8423, in the amount of $17,850.00, with St. Paul Fire and Marine Insurance Company being Surety, was submitted to Weld County, and WHEREAS, Drew Scheltinga, Weld County Engineer, has conducted a visual inspection and recommends release of said collateral, and WHEREAS, upon recommendation of staff, the Board deems it advisable to release said collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Performance Bond No. 400GR 8423, in the amount of $17,850.00, with St. Paul Fire and Marine Insurance Company being Surety, be, and hereby is, cancelled 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. 2460352 B-1516 P-531 10/20/95 01:32P PG 1 Weld County CO Clerk & Recorder &i: Ft Ft) Fafiron OF 2 REC DOC 0.00 952123 PL0814 RE: CANCEL COLLATERAL - FLATIRON STRUCTURES COMPANY, S #316 PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of October, A.D., 1995. 4 ,". TB Deputy Cl r to the Board APPROy D AS TO F BOARD OF COUNTY COMMISSIONERS D COUNTY„OLORADO Dale K. Hall, Chairman Fxrl isFn Barbara J. Kirkmeyer, Pro-Tem FxfLJSFn George E. Baxter 2460352 B-1516 P-531 10/20/95 01:32P PG 2 OF 2 952123 PL0814 COLORADO October 13, 1995 Board of County Commissioners 915 10th Street Greeley, Colorado, 80631 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-6100, EXT.3540 FAX (303) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Subject: Property located in the West 'A, Southwest'' 'A of Section 11, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado Dear Board: On December 23, 1991 the Board of County Commissioners approved a road maintenance agreement and accepted collateral for Weld County Road 22 with Flatiron Structures Company. Flatiron Structures Company has completed the obligation of contributing the $17,850. that was required and the road work has been completed. Department of Planning Services staff requests that the Board of County Commissioners release Performance Bond No. 4000GR 8423 in the amount of $17,850. Sincerely, Sc 'Pr Current Planner II pc: Property research file S-316 SERVICE, TEAMWORK, INTEGRITY, QUALITY S521e i hip. WUk. COLORADO October 12, 1995 Dana Hodgson Flatiron Structures Company P.O. Box 2239 Longmont, CO 80501 RE: Release of collateral -- Performance Bond No. 400GR 8423 St. Paul Fire and Marine Insurance Company Dear Mr. Hodgson: CLERK TO THE BOARD PHONE (970) 356-4000, EXT.4225 FM: (970) 352-0242 915 10TH STREET P.O. BOX 758 GREELEY, COLORADO 80632 As discussed with you on the phone on Thursday, October 12, 1995, this letter is notification to you that the matter of release of collateral for the above -referenced bond will be considered by the Board of County Commissioners at their regular meeting on Monday, October 16, 1995, which is scheduled to begin at 9:00 a.m. Both the Planning staff and County Engineer have indicated to me they have no problems with the release of said collateral. My investigation today revealed correspondence between Flatiron and EDAP, along with transfers of funds from Flatiron to EDAP to Weld County's Public Works Department which were unknown to this office; therefore, the matter has not been officially acted upon by the Board of County Commissioners. Board action will be a formality, since the amount of $17,850 was received by Weld County last year. As before, I will mail the original bond to you in approximately one week. If you have any questions, please do not hesitate to contact me at (970) 356-4000, Ext. 4217. Very truly yours, phi Carol Harding, Deputy Clerk to the Board CH/cah 952123 WILD LORADO mEmoRAnDum Keith Schuett, Current Planner To From Subject: Drew Scheltinga, County Engineer Date Vie,,. S-316, Flatiron Structures Bond Release October 12, 1995 The paving of WCR 22 east of the I-25 Frontage Road has been completed. Flatiron's bond in the amount of $17, 850 can be released. cc: S-316 file 952123 Weld ['minty Planning THIS AGREEMENT, made and entered into this /~/—y and between the COUNTY OF WELD, STATE OF COLORADO, hereinafter fcaled "COUNTY" AND FLATIRON STRUCTURES COMPANY, hereinafter called "OWNER". WHEREAS, OWNER has applied to the COUNTY for a PUD Plan, Case No. S-316, for contractor offices, shops, and storage area located in the W 1/2 of the SW 1/4 of Section 11, T2N, R68W of the 6th P.M., Weld County, Colorado and WHEREAS, the development may eventually increase traffic on Weld County Road 22 (WCR 22), and WHEREAS, the County Commissioners have requested the Paving of a portion of WCR 22, NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the COUNTY and OWNER agree as follows: A. To execute an agreement pursuant to the Weld County Policy Regarding Collateral for Improvements prior to the initiation of any development activities in the FLATIRON PUD which specifically increase traffic on WCR 22; such agreement to include provisions as follows: COUNTY OF WELD, STATE OF COLORADO PROVEMENTS AND MAINTENANCE AGREEMENT, 1. Access onto WCR 22 from the property shall be limited to a maximum of three, one at the east property line, one at the existing entrance to the Service Facility which shall remain in its current configuration without modification, and one optional access midway between the two above mentioned entrances. 2. OWNER agrees to pay 35%, to a maximum of $17,850.00, of the total improvement cost of paving WCR 22 to OWNER'S east property line, estimated by the county to be $51,000. OWNER'S share of the improvements is based upon actual traffic counts obtained from the COUNTY, and an additional 20 vehicles per day attributed to the proposed accesses onto WCR 22. 3. WCR 22 shall be improved from OWNER'S east property line westerly to the existing pavement at the intersection of WCR 22 and the 1-25 Frontage Road. The roadway typical section shall be 36 feet wide and consist of a 3 inch Hot Bituminous Pavement on a 10 inch Class 6 Aggregate Base Course. 4. OWNER, through the paving contractor yet to be named, will warranty and maintain the improved portion of WCR 22, subject to their 35% participation limit, for a period of one year, after such time the COUNTY shall be responsible for maintenance. 5. All construction materials shall be in accordance with the State Department of Highways, Division of Highways, State of Colorado, Standard Specifications for Road and Bridge Construction, latest edition. 952123 6. The COUNTY shall pay for all engineering services associated with design of the roadway. 7. The COUNTY will provide testing and inspection for the construction. 8. Lot 1 may not be sold until WCR 22 has been improved, and the current owner of Lot 1 may construct an additional access onto WCR 22 for occasional access. B. OWNER agrees to participate in a Local Improvement District pursuant to CRS 30-20- 601 et seq. in the event one is established to fund the improvements to WCR 22 provided that the project assessment is equal to or less than the estimated cost of improvements listed in Paragraph A of this agreement. In the event a Local Improvement District is established, OWNER shall not be required to enter into the agreement set forth in Paragraph A. C. Parties agree that this agreement shall constitute a covenant running with the land. IN WITNESS WHEREOF, the parties hereto have duly executed the agreement the day and year first -above written. FLATIRON STRUCTURES COMPANY By: Title: PrPCiliPnt BOARD OF COUNTY COMMISSIONERS lapiadel ATTEST: Weld County the Board �r • By: t 1.7; v,; I r'YlcieL L DEPUTY CLERK TO THE BOARD Clerk to RESOLUTION RE: APPROVE RELEASE OF COLLATERAL - FLATIRON STRUCTURES COMPANY, S #316 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 December 23, 1991, the Board did approve a Road Improvements and Maintenance Agreement with Flatiron Structures Company for a PUD Plan, S #316, concerning West of the property described as W1/2 Cof the SW% olorado, and of Section 11, Township 12 North, Range h WHEREAS, pursuant to said agreement, Performance Bond No. 400GR 8423, in the amount of $17,850.00, with St. Paul Fire and Marine Insurance Company being Surety, was submitted to Weld County, and WHEREAS, Drew Scheltinga, Weld County Engineer, has conducted a visual inspection and recommends release of said collateral, and WHEREAS, upon recommendation of staff, the Board deems it advisable to release said collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Performance Bond No. 400GR 8423, in the amount of th St. Paul Fire and Marine Insurance Company being Surety, e, and hereby is, cancelled and Oree Fased. 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. r r y +_7( --� 61) 1� � � I �/ 7/, 5 952123 PL0814 The LINDEN COMPANY LINDEN COMPANY Weld County, Colorado P.O. Box 758 (Clerk to the Board) Owner, Obligee or Originating Co. Greeley, CO 80632 Insurance and Bonding 2000 S. COLORADO BOULEVARD, #4000 DENVER, COLORADO 80222 303/756-6700 FAX 303/756-7700 1-800-437-4256 RECEIVED dEC'2 i ;zit WELD COUNTY 00 N1SSIOT=RS °2 DEC 18 &tl 9: 29 Address Owner FLATIRON STRUCTURES COMPANY Contractor GENERAL Foiat ' ATUS INQUIRY TO THE BOARD 19 Bond It 400GR 8424 Project It P.O. Box2239, Longmont, CO 80501 Address Description of contract Onsite Improvements, Landscaping and Grading - County Road 22 Contract price $ 128,150.00 Effective date September 20, 1991 Without prejudicing your right or affecting our liability under our bond(s) described above, we would appreciate such of the following information as is now available: By: / DiLynn Guern 1. IF CONTRACT COMPLETED, PLEASE STATE: Approximate date of completion of work (or final delivery) Approximate acceptance date Final contract price $ 2. IF CONTRACT INCOMPLETE, PLEASE STA It: ,o Approximate percentage of dollar amount of contract completed or delivered Undetermined t . Do you know of any unpaid bills for labor or material? (check)YES NO X REMARKS See attached letter Date January 6 19 93 Signature a . eht. _ofc Title Current Planner GFSI 102 OFFICE OF COUNTY ATTORNEY COLORADO December 22, 1992 Seaboard Surety Burnt Mills Road Route 206 Bedminster, NJ 07921 Attention Claim Unit PHONE (303) 356-4000 EXT. 4391 P.O. BOX 1948 GREELEY, COLORADO 80632 44.14 rnrrnl.r gh fn1110 RE: St. Paul Fire & Marine Bonds Nos. 400GR8423, 400GR8424 Dear Sir or Madam: Weld County, Colorado is the beneficiary of bonds provided to insure construction by Flatiron Structures of on -site drainage and landscaping improvements and off -site road improvements. Flatiron was the owner of the property and agreed to these improvements as part of a rezoning process. (Agreements enclosed) Flatiron Structures subsequently sold Lot 1 of the property to the U.S. Army for use by the Colorado National Guard. The Guard indicates that they will voluntarily work with the County, but that they will not consent to the County's zoning jurisdiction. The result is that Flatiron did not perform the obligations under the agreements and their successor asserts that they have no obligation to do so. Therefore, Weld County asserts a claim for the entire value of the bonds for the road improvements (# 8423) and an as yet undetermined amount for the on -site improvements. The bonds do not appear to have an expiration date, but this is intended to put you on notice that the obligations of the agreements have not as yet been met within one year of the issuance of the bonds. However, Weld County will continue to attempt to resolve the issues with the Colorado National Guard and Flatiron. Seaboard Surety Page 2 1992 December 22, Thank you for your attention to this matter. Ver ul yo es LDM/gb:seaboard Enclosures "' Depa'rtment's xPlanning Engineering Department St. Paul Fire & Marine Insurance 12250 E. I1iff Avenue, #400 Aurora, CO 80044-1565 Attention Larry Killibrew pc: Leer • orrison Assistant Weld County Attorney Hello