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HomeMy WebLinkAbout951326.tiffRESOLUTION RE: APPROVE SECOND AMENDED PERFORMANCE GUARANTEE AGREEMENT - B. L. VENTURES, 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, the Board has been presented with a Second Amended Performance Guarantee Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Planning Services, and B. L. Ventures, Inc., do William Lamb, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Second Amended Performance Guarantee Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Planning Services, and B. L. Ventures, Inc., do William Lamb, be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of June, A.D., 1995. BOARD OF COUNTY COMMISSIONERS COUNTY, COO ATTES 4.1 Weld County, the Board BY. tr. �lfsi,ect Deputy -CI and r- '\ APPROVED AS TO FORM: Dale -K. Hall, Chairman Barb ra J. Kirkmeye, ro-Te T4-, �GeorgetE. Baxter Fxni isFn Constance L. Harbert it*/ '� W. H. Webster �e Venhens (2-in1 j FI -t47 951326 PL0674 Ad2447718 SECOND AMENDED PERFORMANCE GUARANTEE AGREEMENT THIS AGREEMENT made and entered into this 21st day of June, 1995, by and through the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County" and B.L. Ventures, Inc., hereinafter called "Applicant". WITNESSETH WHEREAS, B.L. Ventures, Inc., is the owner and holder of a Certificate of Designation and a Use by Special Review (USR-899) for a livestock trailer wash facility; and WHEREAS,said Use by Special Review and Certificate of Designation were approved by the Board on February 21, 1990 at a public hearing; and WHEREAS, by Resolutions approved on February 21, 1990 by the County, the Applicant was required to enter into a Performance Guarantee with the County to handle eventual closure of the livestock trailer wash; and WHEREAS,by Resolution on September 19, 1990, an Amended Performance Guarantee Agreement was approved to replace the original Performance Guarantee Agreement dated June 27, 1990; and WHEREAS, Applicant is ceasing operation and this Second Amended Performance Agreement hereby amends and replaces the Amended Performance Guarantee Agreement dated September 19, 1990, and allows the retention of the pump house, trailer home and all concrete structures; and WHEREAS, Applicant shall guarantee the performance of closure of the facility; NOW, THEREFORE, in consideration of the foregoing and of the acceptance and approval of said Use by Special Review and Certificate of Designation, the parties hereto promise, covenant and agree as follows: 1.0 Closure of the Facility. Upon closure of the facility, all wastes and tanks shall be removed but all concrete structures, pump house and mobile home may remain on the property subject to obtaining zoning and building permits for the mobile home. 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 Five Thousand Three Hundred Dollars ($5,300.00) 3.0 Payment of Guarantee. The guarantee sum in the amount of Five Thousand Three Hundred Dollars ($5,300.00) 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. 2447798 B-1503 P-43 07/24/95 01:26P PG 1 OF 4 Weld County CO Clerk & Recorder REC DOC 0.00 PERFORMANCE AGREEMENT - B. L. VENTURES Page 2 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 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 outt-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. 4.1 Applicant shall indemnify and hold harmless the Platteville Fire Protection District from any and all liability, loss and damage that Platteville Fire Protection District maysufferas a result of all suits, actions or claims of every nature and description caused by, arising from -or on account of the activities of Platteville Fire Protection District in inspecting the facility and enforcing the terms of this agreement, the Certificate of Designation or Amended Use by Special Review No. 842. 5.0 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. 6.0 General Requirements of Collateral. The value of all collateral submitted to County must be equivalent to 100% of the value maximum amount as shown in Paragraph 4.0 of this agreement. 7.0 Guaranty Collateral: The types of collateral listed below are acceptable to Weld County subject to final approval by 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 100% 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. 2447798 B-1503 P-43 07/24/95 01:26P PG 2 OF 4 PERFORMANCE AGREEMENT - B. L. VENTURES Page 3 (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 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 completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. (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 Creditshall 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 of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 7.2 A surety bond given by a corporate surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to 100% of the value of the performance as specified in this agreement. 7.3 A cash deposit or certificate of deposit or savings deposit or some other type of deposit acceptable in form to the County shall be made with the County equivalent to 100% of the value of the required guaranteed performance. 7.4 An escrow agreement providing cash in escrow of at least 100% of the value of the required guaranteed performance and providing that the escrow agreement is in a form acceptable to the County. 8.0 Reauest of 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 and tanks have been removed from the facility and reseeding has occurred in accordance with the recommendations of the soil conservation district or if reseeding has not occurred that the successor in interest has entered into a separate agreement to guarantee reseeding. 9.0 Review of Collateral. The parties agree that the amount held as guarantee shall be increased annually based upon the McGraw-Hill State Highway Bid Price Index for 2447798 B-1503 P-43 07/24/95 01:26P PG 3 OF 4 PERFORMANCE AGREEMENT - B. L. VENTURES Page 4 Colorado or some other suitable.index agreed to by the parties. The applicant shall, on October 1, of each succeeding year, tender additional performance guarantees to account for any increase in the price index. However, if -the guarantee is held by cash deposit with the Board of County Commissioners or by Certificate of Deposit in the Board of County Commissioners' name, She interest shall be accumulated and may be credited against increases in the price index such that so'long as the total accumulated interest in the fund or certificate meets or exceeds the increase in the price index, no additional contribution will be required of the applicant. No portion of this section shall obligate the County to reimburse the applicant should the price index decrease°in any given year. 10.0 Successors and Assigns. This agreement shall be binding upon the heirs, executors, personal representatives, successors and assignees 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 ownership of said land. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written. APPLICANT: B. L. VEN INC. ATTEST Weld County CIE BY.' Deputy Clerk to the Board APPROVED AS TO FO 4-227Z, �C ountyAtterhey is William L. Lamb BOARD OF COUNTY COMMISSIONERS D COUNTY, COL RA Dale K. Hall, Chairman &72//93 — Barbara J. KirkmeypfPro-Tem 'GeorgerE. Baxter F.XCDAFD Constance L. Harbert W. H. Webster 2447798 B-1503 P-43 07/24/95 01:26P PG 4 OF 4 CERTIFICATION OF BOARD ACTION I, Carol A. Harding, Deputy Clerk to the Board, do hereby declare and certify: 1. At its meeting held June 21, 1995, the Board of County Commissioners did approve the vacation of USR #899 and Certificate of Designation to B.L. Ventures, Inc. The motion to vacate, dulymadeand seconded, was thereby adopted, and was conditional upon the attached. 2. At the same meeting, the Second Amended Performance Guarantee Agreement with B. L. Ventures, Inc., was approved. A copy of the partially executed agreement is attached hereto. 3. The resolutions concerning the above matters have not been completed due to a computer breakdown; however, all paperwork concerning the above matters are scheduled for signature on June 26, 1995. 4. Present at said Board of County Commissioners meeting on June 21, 1995, were Charman Dale K. Hall, and Commissioners Barbara J. Kirkmeyer, George E. Baxter, and W. H. Webster. Commissioner Constance L. Harbert was excused from said meeting. CERTIFIED this U,J 22nd day of June,n1995 ii :',//:4%4, DONALD D. WARDEN, CLERK TO THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO BY: Carol A �{iad4'ng, Deputy Clerk to the Board Acra7;, MEMORANDUM W�. TO: Board of County Commissioners June 20, 1995 COLORADO From: Shani L. Eastin, Current Planner SUBJECT: Amend Performance Guarantee Agreement with B.L. Ventures, Inc. and Vacate USR-899 and Certificate of Designation for a Livestock Trailer Wash Facility The Department of Planning Services' staff has reviewed William L. Lamb's request to amend his Performance Guarantee Agreement, vacate USR-899 and the Certificate of Designation. Mr. Lamb is requesting to amend Sections 1.0 and 8.0 of the Performance Guarantee Agreement. Mr. Lamb is requesting that all concrete structures, pump house and trailer home remain at the facility upon closure. Mr. Lamb is also requesting that the new owner of the property be responsible for the reseeding of the property. The perspective buyer of the property, Ms. Ula Rae Adler, has stated that she has entered into a contract to purchase the property with all concrete structures, pump house and mobile home remaining on the property. Ms. Adler has also stated that she will be responsible for the reseeding of the property. The State Health Department has reviewed Mr. Lambs request and recommends conditional approval of the closure of the facility contingent on the Board of County Commissioners review and approval. The Weld County Health Department has reviewed this request and feels the presence of the remaining structures does not pose a threat to the environmental health of the County. The Health Department also states that the applicants proposal to not reseed until a future date does not pose a threat to the environmental health of the County, as some of the ground cover has been established naturally. Tom Cope, Total Engineering Service, has reviewed this request and has no concerns with the closure of the facility as long as the prospective buyer enters into an agreement with the County to grade and seed the site and not use the structures for it original intended use to wash cattle trailers or apply for a new Certificate of Designation. The Department of Planning Services's staff recommends that the Board of County Commissioners amend the Performance Guarantee Agreement, vacate the Special Use Permit and Certificate of Designation for USR-899, as requested by the applicant, William L. Lamb with the following conditions: 1. The new property owner enter into an agreement with the Board of County Commissioners for reseeding the property in accordance with the recommendation from the soil co servation s ice. The applicant shall submit this agreement within 15 days from rp�i q his agreement shall be reviewed and approved by the Board of County Commissionersin a separate meeting. 2. The new property owner apply for proper zoning and building permits for the mobile home within 30 days of approvalgby the Board of County Commissioners. c} C ..-Ane @,_ec�Jc� E, 1"-- Jr")uSlk 53 el I 951326 951293 Atktri WL`Pc COLORADO MEMORANDUM TO: Board of County Commissioners June 19, 1995 From: Shani L. Eastin, Current Planner SUBJECT: Amend Performance Guarantee Agreement with B.L. Ventures, Inc. and Vacate USR-899 and Certificate of Designation for a Livestock Trailer Wash Facility The Department of Planning Services' staff has reviewed William L. Lamb's request to amend his Performance Guarantee Agreement, vacate USR-899 and the Certificate of Designation. Mr. Lamb is requesting to amend Sections 1.0 and 8.0 of the Performance Guarantee Agreement. Mr. Lamb is requesting that all concrete structures, pump house and trailer home remain at the facility upon closure. Mr. Lamb is also requesting that the new owner of the property be responsible for the reseeding of the property. The perspective buyer of the property, Ms. Ula Rae Adler, has stated that she has entered into a contract to purchase the property with all concrete structures, pump house and mobile home remaining on the property. Ms. Adler has also stated that she will be responsible for the reseeding of the property. The State Health Department has reviewed Mr. Lambs request and recommends conditional approval of the closure of the facility contingent on the Board of County Commissioners review and approval. The Weld County Health Department has reviewed this request and feels the presence of the remaining structures does not pose a threat to the environmental health of the County. The Health Department also states that the applicants proposal to not reseed until a future date does not pose a threat to the environmental health of the County, as some of the ground cover has been established naturally. Tom Cope, Total Engineering Service, has reviewed this request and has no concems with the closure of the facility as long as the prospective buyer enters into an agreement with the County to grade and seed the site and not use the structures for it original intended use to wash cattle trailers or apply for a new Certificate of Designation. The Department of Planning Services's staff recommends that the Board of County Commissioners amend the Performance Guarantee Agreement, vacate the Special Use Permit and Certificate of Designation for USR-899, as requested by the applicant, William L. Lamb with the following conditions: 1. The new property owner enter into an agreement with the Board of County Commissioners for reseeding the property in accordance with the recommendation from the soil conservation service. 2. The new property owner apply for proper zoning and building permits for the mobile home within 30 days of approval by the Board of County Commissioners. 3-1-95 B.L. Ventures Inc. 4101 West Service Road Evans, Colorado 80620 Weld County Planning Department Shani Eastin 1400 North 17th Avenue Greeley, Colorado 80631 Dear Ms. Eastin: I would like to amend the Performance Guarantee Agreement with B. L. Ventures Inc. and Weld County. Section 1.0 Closure of the Facility, and Section 8.0 Request for Release of Collateral need to be amended. I was required to pay a $ 5300.00 guarantee sum to cover the costs of cleaning up the Business Facility in the event I abandoned the property. I have discontinued the business operation and have removed the five storage tanks as well as any manure on the property. I have a buyer for the property that would like the rest of the facility to remain on the property which includes the Pump -house and all Concrete Structures. We ask that the County permit the sale of the property in its present state. Since the property will not be abandoned, I request that I am not required to seed the property. 41,,ThAo101 1i MAR 0 ' 1995 swmultnin May 30, 1995 B. L. Ventures Inc. 4101 West Service Road Evans, Colorado 80620 Weld County Planning Department Shani Eastin 1400 North 17th Avenue Greeley, Colorado 80631 Dear Ms. Eastin: This letter is concerning sections 1.0 and 8.0 of the Amended Performance Agreement. The prospective buyer of this property will reseed and grade the site in accordance with the recommendations of the Soil Conservation Service. In the event the sale does not go thru, I'll be responsible for the concrete structures. N incere1 William Lamb WELD COUNTY PLANNING roli JUN 5 1995 SENT BY: 3-17-95 ; 8:17AM KINKO'S - GREELEY 303 351 0378;# 2/ 2 March 17, 1995 B.L. Ventures Inc. 4101 West Service Road Evans, Colorado 80620 Weld county Planning Department Shani Bastin 1400 North 17th Avenue Greeley, Colorado 80631 Dear Ms. Bastin: This letter is concerning sections 1.0 and 8.0 of the Amended Performance Ayie�irlit. I would like each section to be stated in the following manner. Section 1.0 Closure of the Facility. Upon closure of the facility, all wastes shall be removed and all concrete structures and pump house shall remain on the property. Section 8.0 Request for Release of Collateral. Prior to release of collateral, the applicantmustpresent a statement of compliance from an engineer registered in the State of Colorado indicating that the facility has ceased operations and all waste material and tanks have been removed fran the facility. MAR 1? '95 8 18 i Y 3033528726 PAGE.002 P. 02 tai -31-9g WED 11:14 May 31,1995 To Planning and Zoning: The named below have entered into a contract to purchase 23436 HWY 263, from William L. Lamb, also known as BL Ventures. The contract states, buyer will purchase property with all structures and concrete on said premises. We would like to build a single family residence on the property in. the future. By leaving the concrete, we would be able to store some equipment necessary for leveling the property. The budding will be used for a storage unit. The property is seperated by the Ogilvy Ditch and the south portion will be used for pasture land. Any areas that need to be reseeded will be done by the buyer, however most of the ground is packed and the surface is gravel. The trailer, which was used for an office would also serve as a storage unit. Regards, dsig Ray Adler Via Rae Adler -Licensed Real Estate Broker in CO. 1 - S- 3k- (4 . 05/31/95 10:20 TX/RX N0.0933 P.002 • May 22,1995 Weld County Planning and Zoning: Please be advised that the below named has entered into a contract to purchase the property located at 23436 HWY. 263, Greeley, CO. with all the concrete, building which is the pump house and a 10,000 gallon holding tank. In the event the above items must be removed, our contract to purchase will terminate. Please advise us as soon as possible. Regards, /, 72'7/a/./i Ray Adler Ula Rae Adler A licensed Broker in the State of Colorado A Geile & Associates 918 11th Avenue Greeley, Colorado 80631 Residence (303) 330-4962 Fax (303) 352-2610 Business (303) 352-8838 muii90 Ula Rae Adler, GRI Managing Broker Each Office Is Independently Owned And Operated MAY -25-95 THLI 8:11 F. May 24, 1995 Weld County Planning and Zoning: Please ad the trailer as an inclusion to the letter dated May 22, 1995, regarding the property located at 23436 HWY. 263, Greeley, CO 80631. Regards, Ray Adler Ula Rae Adler, A licensed Real Estate Broker in the State of CO. 05/25/95 08:17 TX/RX NO.0894 P.002 • Total Engineering Service, Inc. 3310 State Street • Evans, CO 80620 • (303) 339-5215 June 1, 1995 Ms. Shani Eastin Weld County Planning Dept. 1400 N. 17th Ave. Greeley, CO 80631 Re: Bill's Wash Out 23436 Highway 263 Dear Ms. Eastin: This letter is being provided to assist with the closure of the above referenced project in accordance to the "Amended Performance Guarantee Agreement" dated September 19, 1990. I conducted a walk through visit of the facility on today's date. It appears all wastes have been removed from the facility and the facility has ceased operations. The concrete structures and pump house remain on site. However, based on the letter dated May 22, 1995, it appears the sale of this land is contingent on those structures remaining. Furthermore, Mr. Lamb has stated the prospective buyer has agreed to grade and seed the site in accordance to SCS recommendations in a letter dated May 30, 1995. I have no concerns with the closure of this facility buyer enters into an agreement with the County to and not use the structures for its original intended or apply for a new Certificate of Designation. I hope this information has been of assistance to the County. me if you have any questions concerning this matter. Sincerely, TOTAL ENGINEERING SERVICE, INC. Tom Cope, P.E. President xc: Bill Lamb 95-141 �o��twunmmn�:10'49 41 2499 .� /9.5- ��. ui,uum as long as the prospective grade and seed the site use to wash cattle trailers Please contact mEmORAIMUM Ma To COLORADO From Subject: Shani Eastin, W.C. Planning June 8, #M9 Date Trevor Jiricek, W.C. Health Department BL Ventures, Amendment of Performance Agreement & Closure The Environmental Protection Services Division has reviewed William L. Lamb's request to amend and vacate U.S.R.-899, the Certificate of Designation (C.D.), and the Performance Guarantee Agreement for the now defunct Bills Washout which was originally permitted by B.L. Ventures, Inc. Specifically Mr. Lamb is requesting amendments from Development Standard 1126 of the U.S.R., Sections 1.0 and 8.0 of the Performance Agreement, and certain areas of the facilities design and operations plan associated with the Certificate of Designation. According to the submitted materials, Mr. Lamb would like to leave all the concrete structures and pump house which were associated with the truck wash on the property. He would also like to not reseed the facility. Mr. Lamb has proposed that the purchaser (Ms. Ula Rae Adler) either remove the structures or use the structures in some fashion. Mr. Lamb has also proposed that since the property will not be abandoned the purchaser reseed when the future use of the property has been determined. Ms. Adler has agreed to purchase the property with these provisions. Since this facility will no longer be used as a truck wash, our Division is of the opinion that the presence of these structures does not pose a threat to the environmental health of the County. In addition, the applicants proposal to not reseed until a future date also does not pose a threat to the environmental health of the County, as some ground cover has been established naturally. However, as we have discussed previously, the Commissioners will determine if any or all of these amendments are appropriate and under what conditions the U.S.R. and C.D. can be vacated. tj\196 nn,•1 "1'pL aU JUN 1 2 1995 R uU UflWLE STATE OF COLORADO Roy Romer, Governor Patti Shwayder, Acting Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado HAZARDOUS MATERIALS AND WASTE MANAGEMENT DIVISION 4300 Cherry Creek Dr. S. Denver, Colorado 80222-1530 Phone (303) 692-3300 Fax (303) 759-5355 June 9, 1995 222 S. 6th Street, Room 232 Grand Junction, Colorado 81501-2768 Phone (303) 248-7164 Fax (303) 248-7198 Mr. William L. Lamb B. L. Ventures, Inc. 4101 West Service Road Evans, Colorado 80620 Re: Request for Closure B. L. Ventures Truck Washout Greeley, Weld County, Colorado Dear Mr. Lamb: Colorado Department of Public Health and Environment The Solid Waste Section of the Hazardous Materials and Waste Management Division (the Division) has received copies of recent correspondence regarding the closure and sale of the facility known as Bill's Washout, located at 23436 Highway 263, Greeley. This correspondence includes (1) the May 22, 1995 letter from Ms. Ula Rae Adler to Weld County Planning and Zoning stating that she intends to purchase the property with the structures remaining in place and (2) the May 30, 1995 letter from you stating that you will take responsibility for reclamation if the sale contract is not executed. A review of these letters indicates that the Division's concerns regarding closure and sale of this property as expressed in our letter of February 7, 1995 have been addressed, with the exception of final approval from Weld County. For this reason, the Division hereby grants approval of the proposed closure contingent on Weld County review and approval, including any conditions that the County may have regarding the proposal. If you have any questions regarding this matter, please contact me at (303) 692-3462. Sincerely, Step n Laudeman, P.E. Geo ogical Engineer Solid Waste Section Hazardous Materials and Waste Management Division cc: Trevor Jiricek, Weld County Health Department Shani Eastin, Weld County Planning Department Ula Rae Adler, 918 11th Avenue, Greeley, Colorado 80631 File: SW/WLD/BLV/6 WELD COUNTY PLANNING JUN 1 5 1995 !I I Hello