HomeMy WebLinkAbout1.25 Memo to BOCC Regarding Treasurer's Deposit Agreement 06.08.2015To: Board of County Commissioners
From: David Pesnichak, Senior Planner
Date: June 8, 2015
Re: New Creation Church of Glenwood Inc. — Treasurer's Deposit Agreement
Background
On June 13, 2014, the New Creation Church of Glenwood Inc. gained approval with conditions by the
Director of Community Development for an Educational Facility (Preschool) located approximately 3 miles
east of the Town of New Castle.
As a condition of approval, a revegetation security in the amount of $5,000 is required. The Applicant is
wishing to secure the revegetation in the form of cash. In order for the County to accept cash as financial
security, a Treasurers Deposit Agreement (TDA) is necessary between New Creation Church and the
BOCC. As a part of a TDA, the security funds are to be held in an interest bearing account. In addition,
the Applicant is required to pay a 1% fee to the Treasurer's Office to offset handling costs.
Proposed Action
The New Creation Church has provided a check in the amount of $5,000 for the revegetation security and
$50 for the Treasurer's Office handling fee along with the signed TDA. The Community Development
Department and the Attorney's Office have reviewed the signed TDA and have found it acceptable.
Staff recommends authorizing the Chairman to sign the TDA as presented.
Should the BOCC choose to authorize the Chairman to sign the TDA, Staff will have the original copy
available for signature and execution at the June 8, 2015 BOCC Public Meeting.
Garfield County
June 13, 2014
Chris Manera, PE
Colorado River Engineering
PO Box 1301
136 East 3rd Street
Rifle, CO 81650
DIRECTOR DETERMINATION -
Dear Mr. Manera:
Administrative Review Land Use Change
Permit - New Creation Church — Educational
Facility - Garfield County File Number GAPA -
7837
This letter is being provided to you as the authorized representative for New
Creation Church of Glenwood Inc. in regard to their General Administrative Review
Application for an Educational Facility (Preschool). The proposed use is located
at 44761 Highway 6 & 24 on property located approximately 3 miles east of New
Castle and also known by Assessor's Parcel No. 212335200098.
The Director's Decision on the Application is based on the following findings and
subject to the Applicant's representations and conditions of approval.
1. That proper public notice was provided as required for the Director's
Decision
2. That with the adoption of conditions and granting of waivers from the Land
Use and Development Code, the Application adequately meets the requirements
of the Land Use and Development Code.
A Director's Decision is hereby issued approving the Application subject to the
following conditions:
General Conditions
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1. All representation of the Applicant contained in the application including the
site plan and overall dimensions of the contractor's yard shall be considered
conditions of approval unless specifically modified by the Director Decision.
2. That the operation of the educational facility shall be done in accordance
with all applicable Federal, State, and local regulations governing the operation of
this type of facility.
Conditions Prior to Issuance of the Land Use Change Permit
3. Prior to issuance of the Land Use Change Permit the Applicant shall provide
the following:
a. The Applicant shall provide updated information to be reviewed and
accepted by the Glenwood Springs Fire Department regarding the size of the fire
suppression water tank and emergency access around the proposed preschool
building. Documentation that the Glenwood Springs Fire Department is satisfied
shall be provided to the County Planning Department prior to issuance of the Land
Use Change Permit.
b. The Applicant shall obtain a CDOT access permit to State Highway 6 and
24 that includes the proposed development. Should compliance with the access
permit require alterations to the site plan, those plans shall be reviewed and
accepted by the County Planning Department, Mountain Cross Engineering and
any other applicable agency or department. Issuance of the CDOT access permit
and acceptance of any alterations to the site plan shall take place prior to issuance
of the Land Use Change Permit.
c. The Applicant shall provide plan details regarding the installation of a swale
or piping from the downspouts to the detention pond. These plan details shall be
reviewed and accepted by Mountain Cross Engineering prior to issuance of the
Land Use Change Permit.
d. The Applicant shall provide a revegetation security in a form acceptable to
the County Vegetation Manager in the amount of $5,000 (2 acres x $2500 / acre).
The security shall be held by Garfield County until vegetation has been
successfully reestablished according to the Reclamation Standards section of the
Garfield County Weed Management Plan. The Reclamation Standards at the date
of this Staff Report are cited in Section 4.06, 4.07 and 4.08 of the Garfield County
Weed Management Plan (Resolution # 2002-94).
e. The Applicant shall remove and dispose of the Scotch thistle plants (a
County listed noxious weed) located in the northeast section of the east parcel.
Evidence of the weeds removal shall be provided to the County Vegetation
Manager and County Planning Department prior to issuance of the Land Use
Change Permit.
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f. The Applicant shall provide a calculation of the earthwork quantities to
determine if the site will balance, or require import and/or export of fill. This
calculation shall be provided the Mountain Cross Engineering and the County
Planning Department prior to issuance of the Land Use Change Permit.
Additional Conditions of Approval
4. The Applicant shall provide a copy of the Stormwater Management Plan
(SWMP) to the County Planning Department prior to building permit.
5. The Applicant shall obtain all necessary OWTS permits and conduct site
specific percolation tests prior to building permit.
6. The Applicant shall utilize proper water application to control fugitive dust
during construction.
7. The Applicant shall comply with the County standards for lighting, noise and
nuisance during and after construction.
8. It is understood that the area is prone to radon. The Applicant should test
for radon and take appropriate mitigation measures should radon be present.
This Determination will be forwarded to the Board of County Commissioners for a
period of 10 days so that they may determine whether or not to call up the
application for further review. Once this time period has passed with no request
for review or public hearing, and provided all relevant conditions of approval have
been resolved the Land Use Change Permit will be issued.
Please contact this department if you have any questions.
Sincerely,
Fred A. Jarman, AICP
Director of Community Development Department
CC: Board of County Commissioners
file
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EXHIBIT A
SITE PLAN
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EXHIBIT
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2015
2015 GARFIELD COUNTY TREASURER'S DEPOSIT AGREEMENT -
REVEGETATION
File Number: GAPA-7837
Owner: New Creation Church of Glenwood
THIS 2015 GARFIELD COUNTY TREASURER'S DEPOSIT AGREEMENT -
REVEGETATION ("Deposit Agreement") is entered into by and between
the Garfield County Board of County Commissioners ("BOCC" or
"beneficiary"), the Garfield County Treasurer, Karla Bagley
("Treasurer"), and New Creation Church of Glenwood a/k/a New
Creation Church of Glenwood, Inc. ("Owner").
Recitals
1. The Garfield County Community Development Director
approved the Owner's Application for an Educational Facility in
accordance with the Land Use and Development Code of 2013 by
means of a Director's Determination dated June 13, 2014
("Determination") incorporated herein by this reference.
2. The Resolution requires provision of "Security for
Revegetation" as defined in condition 3.d. of the Determination,
and Owner wishes to deposit good funds for such security.
3. The BOCC is willing to allow Owner's use of a Garfield
County Treasurer's Deposit Agreement as such financial assurance.
4. The Treasurer is willing and able to hold such funds in
accordance with the Treasurer's statutory duties outlined in
Sections 30-10-701, et seq. and 30-1-102, C.R.S., as amended.
Agreement
NOW THEREFORE, in consideration of the
the parties agree as follows:
1. Revegetation Treasurer's Account.
with the Treasurer the sum of Five Thousand
to secure revegetation as required in the
consideration of the service fee payable
identified in Paragraph 2, below, the Treasurer shall place the
funds in an interest bearing account and disburse funds therefrom
in accordance with the terms of this Deposit Agreement. Such
account shall be known as the "New Creation Church of Glenwood
Preschool Revegetation Treasurer's Account" (the "Account") and
shall be subject to the terms and conditions of this Deposit
Agreement.
foregoing Recitals,
Owner shall deposit
Dollars ($5,000.00)
Determination. In
to the Treasurer,
2. Treasurer's Service Fee. The Treasurer's service fee
Page 1 of 6
TDA - Updated 03/09
shall be, in accordance with Section 30-1-102(1)(c), C.R.S., as
amended, one percent (1.0%) of the deposited funds, i.e., Fifty
dollars and Zero cents ($50.00). The service fee covers
administrative costs incurred by the Treasurer in distributing
and accounting for the Account. Such fee shall be paid by Owner
in cash or by check made payable to the Garfield County
Treasurer, as noted in the "Receipt" section of this Deposit
Agreement (page 6), on or before the date of execution of this
Deposit Agreement. The service fee is deemed to be earned by the
Treasurer upon execution of this Deposit Agreement. Interest
earned on the Account shall be paid to Owner as part of the
single disbursement detailed in Paragraph 3., below. The
Treasurer shall thereafter provide to Owner a report of interest
earned, as required by state and federal tax law. Owner shall
provide a completed Form W-9 to the Treasurer at the time the
deposit is made.
3. Disbursement Procedure. Disbursement from the Account
shall be made by the Treasurer upon the written direction of the
BOCC, as follows:
A. Request for Review and Approval. Upon complying
with the two year revegetation requirements, Owner shall obtain
written approval by the Garfield County Vegetation Management
Department of the required revegetation work.
B. Deficiencies. If the Garfield County Vegetation
Management Department refuses approval of the success of
revegetation, the Garfield County Vegetation Management
Department shall provide written notice of deficiency in
substantial compliance with the provisions of condition 3.d. of
the Determination, and Owner shall correct the identified
deficiencies.
C. Single Request for Disbursement. This Deposit
Agreement does not provide for successive partial releases or
disbursements from the Account. One (1) final disbursement shall
be requested by Owner, upon completion of the revegetation.
Owner specifically recognizes and agrees that partial releases
are not allowed.
D. Request for Disbursement/Release. Owner shall
request disbursement by means of a written "Request for
Disbursement," addressed to the BOCC and delivered to the
Garfield County Community Development Department. The Request
for Disbursement shall be accompanied by an approval statement
from the Garfield County Vegetation Management Department in
accordance with the requirements of the Determination.
E. BOCC's Acknowledgment and Direction. Upon review
Page 2 of 6
TDA - Updated 03/09
as outlined in subparagraph D., above, if the BOCC approves the
statement from the Garfield County Vegetation Management
Department, the BOCC shall issue its "Acknowledgment of
Satisfaction and Direction to Treasurer", in a form substantially
similar to that document attached to and incorporated herein by
reference as "Exhibit A".
F. BOCC's Completion of Revegetation. If Owner's
revegetation success is deemed unsatisfactory, in the sole
discretion of the BOCC, within the period of time defined in
Paragraph 4, below, or if the BOCC determines that Owner will not
or cannot complete the revegetation under the Deposit Agreement,
the BOCC may withdraw and employ from the Account such funds as
may be necessary to carry out the revegetation. If funds are
inadequate, responsibility to complete remaining revegetation
shall be that of the Owner, not the BOCC. If the BOCC elects to
complete the Owner's revegetation work, expenditure on the effort
shall be no more than the principal amount of the Account, plus
interest, if interest is due Owner. If the cost of the
revegetation to the BOCC is less than the amount available, the
BOCC shall return the overage to Owner within a reasonable period
of time following completion by the BOCC.
4. Term. The term of this Deposit Agreement shall begin
on the date of execution, as defined below, and end on or before
two years following approval of this Deposit Agreement. If Owner
has failed to complete the revegetation within this term, all
funds held under this Agreement shall continue to be maintained
by the Treasurer until needed for completion of revegetation by
the BOCC under paragraph 3F.
5. Waiver, Consent and Indemnity. Owner consents to the
disbursement procedure and other actions authorized and provided
for by the terms of this Deposit Agreement. Owner waives any
claim against the BOCC, the Treasurer, their officers, employees,
agents and contractors, on account of each of their good faith
performance of their obligations under this Deposit Agreement.
Owner shall defend, indemnify and hold harmless the BOCC, the
Treasurer, their officers, employees, agents and contractors,
from and against any claim made on account of this Deposit
Agreement.
6. Binding Effect. This Deposit Agreement shall be
binding on the successors and assigns of all parties and shall
terminate upon final disbursement of funds held by the Treasurer
in the Account.
7. Immunity. Nothing contained in this Deposit Agreement
constitutes a waiver of governmental immunity applicable to the
BOCC under Colorado law.
Page 3 of 6
TDA - Updated 03/09
8. No Agency. The making and execution of this Deposit
Agreement shall not be deemed to create a partnership, joint
venture, or agency or fiduciary relationship among the parties.
9. Integration. This Deposit Agreement constitutes the
entire agreement among the parties pertaining to the method of
deposit and disbursement of the Account. No supplement,
modification or amendment of this Deposit Agreement, other than
changes as to notice information, shall be binding unless
executed in writing in a document of equal formality as this
Deposit Agreement.
10. Notices. Any notice required or permitted by this
Deposit Agreement shall be given in writing and shall be
effective upon the date of delivery, or attempted delivery if
delivery is refused. Delivery shall be made in person, or by
certified return receipt requested U.S. Mail or receipted
delivery service to:
BOCC
c/o Community Development Dept.
attn: Fred Jarman, Director
108 8th Street, 4th Floor
Glenwood Springs, CO 81601
Phone: (970) 945-8212
Garfield County Treasurer
Karla Bagley
109 8th Street, Suite 204
Glenwood Springs, CO 81601
Phone: (970) 945-6382
Owner
Mark Bintliff, President
New Creation Church
P.O. Box 1996
Glenwood Springs, Co 81602
Phone: 970-945-5902
Changes in address, phone number and identity of contact
person(s) shall be made in writing, and may be made without
formal amendment of this Deposit Agreement.
WHEREFORE, the parties have caused this Deposit Agreement to
be effective on the date of execution by the BOCC, as
beneficiary, noted below.
TDA - Updated 03/09
Page 4 of 6
ATTEST:
BENEFICIARY:
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
By:
Clerk to the Board John Martin, Chairman
Date:
State of Colorado
) ss.
County of Garfield )
DEPOSIT HOLDER:
GARFIELD COUNTY TREASURER
By:
Date:
Karla Bagley, Treasurer
DEPOSITOR/OWNER:
New Creation Church
By:
By:
Mark Bintlif
Date:
Subscribed and sworn to before e this 1,(; day of
2015, by N�.(
Witness my hand and official seal.
My Commission expires: LA—G----jj,, \ 1
BEVERLY RUDE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 8
MY COMMISSION EXPIRES APRIL 10, 2018
TDA - Updated 03/09
Notary Public
Page 5 of 6
RECEIPT $ ��
Check No. -11150k, 4.506vii0Z" Q'or
Cash A_,
Form W -g: X
Received
By: �
Print Name:
Title: ;
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of the Treasurer
Form 1099 shall be sent to:
MyFiles/PLAN/2009 FORMS/2009 TDA REVEG
TDA - Updated 03/09
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TIN: 84 ofi coi (ok
(Taxpayer Identification Number)
Page 6 of 6
EXHIBIT A
ACKNOWLEDGMENT OF SATISFACTION AND DIRECTION TO TREASURER
TREASURER'S DEPOSIT AGREEMENT - REVEGETATION
New Creation Church of Glenwood a/k/a
New Creation Church of Glenwood, Inc.
WHEREAS, New Creation Church of Glenwood a/k/a New Creation Church of
Glenwood, Inc. ("Owner") entered into a 2015 Garfield County Treasurer's Deposit Agreement
with the Board of County Commissioners of Garfield County, Colorado ("BOCC") and the
Treasurer of Garfield County, Colorado ("Treasurer") dated and recorded
as Reception Number in the records of the Garfield County Clerk and
Recorder's office ( "Deposit Agreement"); and
WHEREAS, The Garfield County Vegetation Management Department has presented an
approval statement to the BOCC for the required revegetation as being in accordance with the
Director's Determination dated June 13, 2014 ("Determination") and the Deposit Agreement.
NOW THEREFORE, at the request of Owner and in compliance with the terms and
conditions of the Deposit Agreement and the Determination, the BOCC hereby:
1. acknowledges full satisfaction of the security requirements of the Determination
as to revegetation;
2. authorizes disbursement of funds from the Treasurer's Account in the amount of
$5,000.00, plus accrued interest and deducting applicable service fees, resulting in
a remaining balance of $ -0- ;
3. authorizes and directs the Treasurer to release the funds held in the
Treasurer's Account to an authorized representative of Owner.
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF GARFIELD COUNTY, COLORADO
Clerk to the Board
By:
Date:
John Martin, Chairman