HomeMy WebLinkAbout20131848.tiffRESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (ON -SITE ONLY), AUTHORIZE CHAIR TO
SIGN, AND ACCEPT COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL
PLAT, PF#1079 - SCHRAGE LIVING TRUST, BY THEODORE SCHRAGE, TRUSTEE
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, on April 6, 2010, the Department of Planning Services staff approved PUD
(Planned Unit Development) Final Plat, PF #1079 (The Meadows Estates PUD) for Schrage
Living Trust, c/o Theodore Schrage, 23505 County Road 3, Loveland, Colorado 80537, for five
(5) residential lots with E (Estate) Zone uses and 9.4 acres of common open space, for a parcel
of land located on the following described real estate, to -wit:
Lot B of Recorded Exemption, #4042; being part of
the E1/2 NE1/4 of Section 6, Township 4 North,
Range 68 West of 6th P.M., Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented
with an Improvements Agreement According to Policy Regarding Collateral for Improvements
(on -site only) between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Schrage Living Trust, by Theodore Schrage,
Trustee, with terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Performance Bond #1089419 from
Lexon Insurance Company, 900 South Frontage Road, Suite 250, Woodridge, Illinois 60517, in
the amount of $189,150.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Performance Bond as stated above, copies of which are attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Improvements Agreement According to Policy Regarding
Collateral for Improvements (on -site only) between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, and Schrage Living Trust, by
Theodore Schrage, Trustee, be, and hereby is, approved.
BE IT FURTHER RESOLVED that Performance Bond #1089419 from Lexon Insurance
Company, 900 South Frontage Road, Suite 250, Woodridge, Illinois 60517, in the amount of
$189,150.00, be and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
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®Ive II Moreno,
Clerk
Recorder,
iIldFJI+frYOH�Yltih RIPI'U4IZ
2013-1848
PL2235
IMPROVEMENTS AGREEMENT - SCHRAGE LIVING TRUST, BY THEODORE SCHRAGE,
TRUSTEE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of July, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COLORADO
ATTEST:�92a_
Weld County Clerk to the Board
BY: ' 'a
Deputy CI
APP
to the Board
AS TO FO
ou ty Attorney
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Steve Moreno, Clerk and Recorder, Weld County, CO
111110:4 IWi'Y1i ''r111111
Iliam F'" G ia, Chair
Date of signature: AUL 3 0 2013
Ub�v�
Douglas ademer, Pro-Tem
cc -7C
Sean P. Conway
Freeman„
Barbara KirkYneyer
2013-1848
PL2235
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (ON -SITE ONLY)
Schrage/The Meadows Estates PUD— PF-1079
THIS AGREEMENT, made and entered into this day of cute_ o /3
by and between the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter called "County," and Schrage Living Trust, by Theodore Schrage,
Trustee, hereinafter called "Property Owner."
WITNESSETH:
WHEREAS, Property Owner is the owner of, the following described property in the County of
Weld, Colorado:
Lot B of RE -4042, being part of the E2 of Section 6, T4N, R68W of the 6th P.M., Weld
County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, Property Owner has acquired land use permits from County for a Planned Unit
Development (PUD) for 5 residential lot with Estate uses and 7.7 acres of Agricultural common
open space on approximately 31.7 acres on the above described real property, and the County is
currently in the process of considering a Planned Unit Development for the Property (PF-1079),
and
"WHEREAS, the Property Owner acknowledges that the issuance of PF-1079 is conditional
upon Property Owner's performance of the on -site and/or off -site improvements which are
described in this Agreement and depicted in the Plat Map and the set of final Construction Plans
provided electronically by Property Owner copies of which shall be attached to this Agreement
as they become available and made a part hereof, as Exhibits C and D, respectively, and
WHEREAS, Property Owner acknowledges that it may not engage in any activity described in
PF-1079 and/or any activity related to the businesses described above until said improvements
have been completed, and
WHEREAS, the parties agree that Property Owner shall complete the improvements within three
(3) years of the County's approval of PF-1079, and
WHEREAS, the parties agree that Property Owner shall provide collateral for all on -site and off -
site improvements required by this Agreement on the earlier of the following occasions:
1. Property Owner submits and receives approval of an application for a Grading Permit or
for a Right -Of -Way Permit for construction of accesses and work within the County
and/or State of Colorado Right -Of -Way.
Improvements Agreement: Schrage Living Trust — April 2011
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OR
2. Property Owner submits Final Plat of the Planned Unit Development for approval and
recording.
3. The Final Plat cannot be recorded prior to the posting of collateral, nor can a Grading
Permit be issued unless all on -site and off -site collateral is posted.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein, the parties hereto promise, covenant and agree as follows:
A. Required Off -Site Improvements: Non -Applicable at this time. Improvements to State
Highway 60 shall be coordinated with the Colorado Department of Transportation (CDOT). In
the event that direct access is required at another location, Property Owner shall apply to Weld
County and/or CDOT for required permits, as needed. Granting of any new point of access may
generate additional obligations with County for Off -Site Improvements and the need to post
"Road Maintenance Collateral".
B. Haul Routes: Non -Applicable
C. Road Maintenance Requirements: Non -Applicable
D. On -Site Improvements:
1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and/or
maintain the landscaping and re -seeding of the property where applicable as shown on the
accepted Construction Plans and/or PUD Plat Map. Specifically, Property Owner shall at its own
expense, plant, install and maintain all trees, grass and shrubs and other landscaping and re-
seeding where applicable as shown on the accepted Construction Plans and/or PUD Plat Map.
Additionally, the Property Owner shall install and maintain fencing to screen the property where
applicable as indicated on the accepted Construction Plans and/or PUD Plat Map. In the event
any of these improvements may include work extending into State or County Right -Of -Way in
which case a Right -Of -Way or access permit is required.
2.0 On -Site Grading, Drainage Facilities, and Paving: Property Owner shall, at its
sole expense, grade and/or pave, if applicable, specified roadways, accesses, easements and
parking areas, and install accepted drainage and signage components, adjacent to or within the
interior portion of the property in accordance with the directives of the Weld County Department
of Public Works and Department of Planning, as further described in the accepted Construction
Plans and/or PUD Plat Map. Specific access improvements shall include; construction of
adequate asphalt or concrete paved tracking access apron at the main entrance onto State
Highway 60, and an asphalt or concrete paved roadway running from the access apron into the
development off of State Highway 60 to the end of the cul-de-sac. An accepted final geotechnical
report from the applicant's engineer will be utilized for formulating the access roadway
pavement design adequate to support oil service truck traffic. Any other on -site improvements
shall be completed as indicated on the accepted Construction Plans for this facility. Property
Owner shall be responsible for all maintenance of the onsite improvements. Any additional
infrastructure improvements will be addressed at the time of application for any future amended
PUD. Some of these improvements may include work extending into State or County Right -Of -
Way in which case a Right -Of -Way and/or Colorado Department of Transportation (CDOT)
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3.0 Timing of Improvements: Property Owner shall not be required to initiate the
landscaping requirements until the occurrence of the triggering event for all improvements,
namely the approval of the grading permit by the County or an amendment to the existing PUD.
No grading permit will be released until collateral is posted for the associated improvements and
the Construction Plans have been submitted to and accepted by the Department of Public Works.
Access and/or Right -Of -Way permits might also be required prior to approval of the grading
permit. Grading shall not commence until Construction Plans are accepted. Any alterations to
the accepted Construction Plans must be pre -approved in writing by the County Planning and
Public Works Departments. At that time, and unless otherwise amended, Property Owner agrees
that all landscaping and other on -site improvements, as indicated in Section D. 2.0 above shall be
completed within the parameters established in Section E. 7.2 and Exhibit B.
4.0 Acceptance of On -Site Improvements: Upon completion of the on -site
improvements, Property Owner shall contact the County Department of Planning Services and
the County Department of Public Works and request an inspection of the on -site improvements
described in Paragraph D.1.0 and D.2.0 above. The County's representatives may then initiate
the process for "Acceptance of Improvements" set forth in Paragraph E.6.0, sections 6.1-6.3.
E. General Requirements:
1.0 Engineering Services: Property Owner shall furnish, at its own expense, all
engineering services in connection with the design and construction of the improvements
identified on the accepted Construction Plans, according to the construction schedule set forth in
Exhibit "B," both of which are attached hereto and incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional
Engineer and Land Surveyor registered in the State of Colorado, and shall
conform to the standards and criteria established by the County for public
improvements.
1.2 The required engineering services shall consist of, but not be limited to,
surveys, designs, plans and profiles, estimates, construction supervision,
and the submission of necessary documents to the County.
1.3 Property Owner shall furnish construction drawings for the road
improvements on public rights -of -way or easements and all improvements
interior on the Property for approval prior to the letting of any construction
contract.
2.0 Rightsofway and Easements: Before commencing the construction of any
improvements herein agreed upon for public rights -of -way or easements, Property Owner shall
acquire, at its own expense, good and sufficient rightsofway and easements on all lands and
facilities traversed by the proposed improvements. All such rightsofway and easements used for
the construction of roads to be accepted by the County shall be conveyed to the County and the
documents of conveyance shall be furnished to the County for recording.
Improvements Agreement: Schrage Living Trust — April 2011
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Clerk
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3.0 Construction: Property Owner shall furnish and install, at its own expense, the
improvements shown on the accepted Construction Plans and PUD Plat Map, be solely
responsible for the costs listed on Exhibit "A" and described in parts A and D of this agreement,
which is attached hereto and incorporated herein by reference, with the PUD improvements or
on -site improvements, including any access improvements being completed by the dates set forth
on Exhibit "B". The Board of County Commissioners, at its option, may grant an extension of
the time of completion set forth in Exhibit B stated herein upon application by the Property
Owner.
3.1 Said construction shall be in strict conformance to the plans and drawings
accepted by the County and the specifications adopted by the County.
3.2 Property Owner shall employ, at its own expense, a qualified testing
company previously approved by the County to perform all testing of
materials or construction; and shall furnish copies of test results to the
County. If County discovers inconsistencies in the testing results, Property
Owner shall employ at its expense a third party qualified testing company
approved by County. Such third party shall furnish the certified results of
all such testing to the County.
3.3 At all times during said construction, the County shall have the right to
test and inspect, or to require testing and inspection of material and work,
at Property Owner's expense. Any material or work not conforming to the
accepted plans and specifications, including but not limited to damages to
property adjacent to the construction plan area shall be repaired, removed
and/or replaced to the satisfaction of the County at the expense of Property
Owner.
3.4 Said PUD improvements or on -site improvements, including any access
improvements, shall be completed, according to the terms of this
Agreement, within the construction schedule appearing in Exhibit "B."
The Board of County Commissioners, at its option, may grant an
extension of the time of completion of items shown on the accepted
Construction Plans and PUD Plat Map, with associated costs shown on
Exhibit "A", upon application of the Property Owner subject to the terms
of Section E.6 herein.
4.0 Release of Liability: Property Owner 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 account of any 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 the County or its officers, agents,
employees, or otherwise except for the liability, loss, or damage arising from the intentional torts
or the gross negligence of the County or its employees while acting within the scope of their
employment. All contractors and other employees engaged in construction of the improvements
shall maintain adequate worker's compensation insurance and public liability insurance coverage,
4
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and shall operate in strict accordance with the applicable laws and regulations of the State of
Colorado governing occupational safety and health.
5.0 Warranty of Improvements: Property Owner shall warranty all improvements to
public rights -of -way (if any), and all privately created and maintained roads or rights -of -way, or
easements, and all on -site improvements for a period of one (1) year. The warranty period shall
begin only after the County's execution of a written acceptance of the improvement(s).
6.0 Acceptance of On -Site and/or Off -Site Improvements by the County: Upon
compliance with the following procedures by the Applicant, the improvements shall be deemed
accepted by the County.
6.1 If requested by the Applicant and approved by the County, portions of the
improvements may be placed in service when completed according to the
schedule shown on Exhibit "B," but such use and operation shall not,
alone, constitute an acceptance of said portions of the improvements.
6.2 County may, at its option, issue building permits for construction for
which the improvements detailed herein have been started but not
completed according to the schedule shown on Exhibit "B," and may
continue to issue building permits so long as the progress of work on the
PUD improvements in that phase of the PUD is satisfactory to the County,
and all terms of this Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of the required on -site
improvements, and the filing of a Statement of Substantial Compliance,
when necessary, by Property Owner's engineer, Property Owner may, as
set forth in Paragraph D.4.0, request in writing that the County inspect the
improvements and recommend to the Board of County Commissioners
that the improvements be accepted and further that the one-year warranty
period begin. Upon completion of the one-year warranty period, the
County Engineer and/or the Weld County Department of Planning
Services shall, upon request of Property Owner, inspect the subject
improvements, and notify Property Owner of any deficiencies. If any
deficiencies are discovered, Property Owner shall correct the deficiencies.
The County Engineer and /or the Department of Planning Services shall
re -inspect the improvements after notification from Property Owner that
said deficiencies have been corrected. If the County Engineer and/or
Department of Planning Services find that the improvements are
constructed according to County standards, he or she shall recommend full
acceptance. Upon a receipt of a positive unqualified written
recommendation from the County Engineer and/or the Department of
Planning Services for acceptance of improvements within the PUD, the
Board of County Commissioners shall fully accept said improvements.
6.3.1 All references in this Agreement to "Acceptance of Improvements"
shall refer to the County confirming completion of said
improvement(s) according to the accepted Construction Plans. By
Improvements Agreement: Schrage Living Trust — April 2011
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accepting any improvement, the County does not thereby accept
said improvement for purposes of future maintenance, nor does the
County accept any present or future responsibilities or obligations
relative to these improvements.
7.0 General Requirements for Collateral:
7.1 County requires Property Owner to provide collateral to guaranty all of
Property Owner's obligations under this Agreement: (1) Project Collateral
for completion of all improvements described in this Agreement and (2)
Warranty Collateral required for all improvements during the warranty
phase.
7.2 Project Collateral submitted to Weld County to guarantee completion of
the improvements identified on the accepted Construction Plans and final
PUD Plat Map and further enumerated in the costs listed in Exhibit "A,"
must be equivalent to OneHundred percent (100%) of the value of the
improvements as shown in this Agreement. Collateral for Off -site
improvements that extend partially off -site as mentioned in Paragraph
A.1.0 (if any) or D.2.0 of this Agreement which include only
improvements involving turning radii and approaches shall be included as
part of the On -site collateral amount, and shall be clearly delineated on
accepted Construction Plans and differentiated as "Entrance
Improvements" on Exhibit "A" On -Site Improvements of this Agreement.
Such collateral shall be provided to the County on the dates set forth
herein and shall be held in total by County as provided in Paragraph E. 7.3
below until all improvements have been completed.
7.3 Warranty collateral for all on -site and off -site improvements shall be
submitted to County and shall be held in total by the County for one (1)
year following its written acceptance of the improvement(s).
7.4 In the event Property Owner fails to adequately complete and/or repair
improvements associated with this Improvements Agreement, County will
access, in its sole discretion, Project or Warranty Collateral to the extent
necessary to complete said improvements or repairs in order to preserve
public interest.
7.5 Acceptable Project Collateral shall be submitted upon the earlier of the
following two occasions:
7.5.1 Property Owner submits and receives approval for an application
for the Grading Permit or Right -of -Way Access Permit prior to
commencement of Site Preparation, as herein defined
OR
7.5.2 Prior to the lime the Property Owner submits the Final Plat of the
Planned Unit Development for approval and recording.
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7.5.3 No grading or building permits shall be issued for any site related
activities, on the property and no Site Preparation shall commence
until cost estimates for the improvements are updated and
collateral is provided in the amount of One -Hundred percent
(100%) of the then current value of the improvements to be
completed, and the development plans are revised to comply with
all current County standards, policies and regulations. The
improvements shall be completed within the time schedule set
forth in Exhibit "B", which is attached hereto and made a part of
this Agreement. "Site Preparation" shall mean earthwork
grading or performance of work, or construction or installation of
improvements related to Applicant's operations pursuant to PF-
1079 that require a grading or building permit from the County
pursuant to the Weld County Code. In the event that the
Improvements outlined in this Agreement and Exhibit A are not
completed within one year of the execution of this Agreement
Weld County may require Property Owner to obtain current cost
figures for one or more of the Improvements.
7.6 Collateral may be in the form of an irrevocable letter of credit (LOC) in an
amount equivalent to (100%) of the total value of the improvements set
forth in the Improvements Agreement and the Plat; the LOC shall be
subject to the requirements of Weld County Code Section 2-3-30 B. The
Property Owner shall utilize only a County approved form when obtaining
an LOC: (IRRVEVOCABLE STANDBY LETTER OF CREDIT FOR
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
COLORADO). A copy of said form shall be provided to Applicant upon
request.
7.7 Collateral may be in the form of a surety bond given by a corporate surety
authorized to do business in the State of Colorado in an amount equivalent
to one hundred percent (100%) of the value of the improvements set forth
in the Improvements Agreement. The surety bond shall conform to and be
subject to the requirements of Weld County Code Section 2-3-30 B.4. The
Property Owner shall utilize only a County approved form when obtaining
a surety bond: (PERFORMANCE BOND FOR BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said
form shall be provided to Applicant upon request.
7.8 Collateral may be in the form of a cash deposit made with the Board in an
amount equivalent to One Hundred Percent (100%) of the value of the
improvements set forth in the Improvements Agreement.
7.9 The Board of County Commissioners reserves the right to reject collateral
which is deemed inappropriate or insufficient, which may be either as
collateral in the form of a letter of credit offered by a banking institution
which does not have at least a "three star" rating given by Bauer Financial,
or as collateral in the form of a performance bond offered by an insurance
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company which does not have at least a B+ rating given by A.M. Best.
The Board further reserves the right to require Property Owner to obtain
replacement collateral if the rating of the financial institution providing
said collateral drops below the levels stated above. Replacement collateral
shall be submitted by Property Owner within sixty (60) days of the
Board's notice to Property Owner that the rating has fallen and that the
collateral must be replaced. Property Owner may not terminate existing
collateral until replacement collateral has been secured.
8.0 Request for Release of Collateral: Collateral shall be released in accordance with
the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire
project or for a portion of the project by Weld County, the Property Owner must present a
Statement of Substantial Compliance from an Engineer registered in the State of Colorado.
Engineering Statements of Substantial Compliance are only required following notification by
the County. The Statement of Substantial Compliance shall state that the project or a portion of
the project has been completed in substantial compliance with accepted plans and specifications
documenting the following:
8.1 The Engineer or his representative has made regular onsite inspections
during the course of construction and the Construction Plans utilized are
the same as those accepted by Weld County.
8.2 For the improvements to public rights -of -way or easements, test results
must be submitted for all phases of this project as per Colorado
Department of Transportation (CDOT) Schedule for minimum materials
sampling, testing and inspections found in CDOT Materials Manual.
8.3 "Asbuilt" plans shall be submitted at the time the letter requesting release
of collateral is submitted. The Engineer shall certify that the project
"asbuilt" is in substantial compliance with the plans and specifications as
accepted, or that any material deviations have received prior written
acceptance from the County Engineer.
8.4 The Statements of Substantial Compliance must be accompanied, if
appropriate, by a letter of acceptance of maintenance and responsibility by
the appropriate utility company, special district or town for any utilities.
8.5 A letter must be submitted from the appropriate Fire Authority, if
applicable, indicating the fire hydrants are in place in accordance with the
approved plans. The letter shall indicate if the fire hydrants are operational
and state the results of fire flow tests.
8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the
final Construction Plans.
8.7 Following the submittal of the Statement of Substantial Compliance and
written recommendation of acceptance of the improvements by the Weld
County Department of Planning Services and the Weld County
Department of Public Works, the Property Owner may request release of
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the collateral for the project by the Board. This action will be taken at a
regularly scheduled public meeting of the Board.
8.8 For all off -site and on -site improvements (including improvements to
public rights -of -way or easements), the written request for release of
"Project Collateral" shall be accompanied by "Warranty Collateral" in the
amount of fifteen percent (15%) of the value of the improvements as
shown in this Agreement. However, collateral for improvements fully
accepted for maintenance by a responsible governmental entity, special
district or utility company will be fully refunded to Property Owner.
8.9 Following the written request for release of the "Warranty Collateral", the
Weld County Department of Planning Services and the Weld County
Department of Public Works County shall inspect the on -site
improvements. If the improvements need mitigation or further repairs are
required, said work must be completed prior to the conclusion of the
Warranty period. The "Warranty Collateral" shall be released to the
Property Owner following the expiration of the warranty period upon final
written acceptance by the Board of County Commissioners.
8.10 "Road Maintenance Collateral": Roads associated with the designated haul
route shall be maintained as long as the PUD/SPR/PUD is active.
Collateral for the maintenance shall be adjusted annually by the inflation
rate based on the "Colorado Construction Cost Index Report" as published
by the Colorado Department of Transportation. Road Maintenance
Collateral shall be adjusted annually, during the month of January, for
inflation. The First adjustment shall be made no less than twelve months
after, and in no event later than twenty four months from the execution of
this Agreement. (This provision is not applicable to this Agreement.)
9.0 Successors and Assigns: This Agreement may not be delegated, transferred or
assigned in whole or in part by Property Owner without the express written consent of County
and the written agreement of the party to whom the obligations under this Agreement are
assigned. Consent to a delegation or an assignment will not be unreasonably withheld by County.
In the event of sale of the Property, County may agree to release Property Owner in whole or in
part from obligations under this Agreement. County's rights and obligations under this
Agreement shall automatically be delegated, transferred or assigned to any municipality which,
by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility
over the roads affected by this Agreement. All of the terms and conditions set forth in this
Agreement shall be binding upon the heirs, executors, personal representatives, successors and
assigns of Property Owner, and upon recording by the County, shall be deemed a covenant
running with the land herein described.
10.0 County Engineer: All references in this Agreement to "County Engineer" shall
refer to the any individual or individuals appointed by the County Engineer to act on his/her
behalf.
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11.0 Violation of Terms of Agreement: If in County's opinion, Property Owner has
violated any of the terms of this Agreement, County shall notify Property Owner of its belief that
the Agreement has been violated and shall state with specificity the facts and circumstances
which County believes constitute the violation. Property Owner shall have fifteen (15) days
within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days
have elapsed, County believes in good faith that there has been a violation of the terms of this
Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of
this Agreement.
F. Governmental Immunity: No term or condition of this agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections
or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
G. Enforcement: If, in the County's opinion, Property Owner has violated any of the terms
of this Agreement, County shall notify property Owner of its belief that the Agreement has been
violated and shall state with specificity the facts and circumstances which the County believes
constitute violation. Property Owner shall have thirty (30) days within which to either cure the
violation or demonstrate compliance. If, after thirty (30) days have elapsed, County believes in
good faith that a violation of the terms and conditions of this Agreement still exists (despite
cure), County may enforce by any legal means, including, but not limited to, legal action for
equitable or monetary relief filed in the Weld District Court, execution upon submitted collateral
(if applicable), and/or administrative action of the County to suspend or revoke the underlying
land use permit or approval pursuant to the procedural provisions of Section 2-4-40 of the Weld
County Code. Violations of the terms and conditions of this Agreement include, but are not
limited to, violations of the agreements Property Owner must enter into as required by this
Agreement, and/or failure to enter into such agreements in a timely manner.
H. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in
this Agreement shall give or allow any claim or right of action whatsoever by any other person or
entity not included in this Agreement. It is the express intention of the undersigned parties that
any person or entity, other than the undersigned parties, receiving services or benefits under this
Agreement shall be an incidental beneficiary only.
I. Authority to Sign: Each person signing this Agreement represents and warrants that he or
she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party
represents and warrants to the other that the execution and delivery of the Agreement and the
performance of such party's obligations hereunder have been duly authorized and that the
Agreement is a valid and legal agreement binding on such party and enforceable in accordance
with its terms. If requested by the County, Property Owner shall provide the County with proof
of Property Owner's authority to enter into this Agreement within five (5) days of receiving such
request.
3952396 Pages: 12 of 17
10 08/01/2013 11:02 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
uIII rrtil�Ll r'AID+.Nw�CI[«�k'h+s hi T ViUMYeti, II III
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
PROPERTY
OWNER:
TITLE: O2.+6
PROPERTY
OWNER:
TITLE:
scribed and sww Ihet before me by -he'od
y commissio
ATTEST:
My Commission Expires 03/14/2015
3 day of
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
William Garua,a, Chair
Weld County Clerk to the Board
BY:
D-puty Cler -1 the : oard
3952396 Pages: 13 of 17
08/01/2013 11:02 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
■III1 .tETWIu 'Iles .1.iaIl It1wiiih ®I III
Improvements Agreement. Schrage Living Trust —April 2011
JUL 17 2013
g/3v7 ''rK
EXHIBIT A - Cost Sheet (ON -SITE)
. Name of Subdivision, PUD, USR, RE, SPR: THE MEADOWS ESTATES - P.U.D. Filing/Case #: P — 1079 Location: NE' SEC. 6, T4N, R68W
Personnel Contact: Name THEODORE (TED) SCHRAGE Title OWNER
Intending to be legally bounr4 the undersigned Applicant hereby agrees to provide throughout
Phone 970-290-4186
Improvements
(Leave spaces blank where they do not apply)
(ON -,SITE)
Quantity
Units
Unit Costs ($)
Estimated Construction
Cost (si
Site Grading
Street Grading
LUMP SUM
$20,000.00
$20,000.00
Street Base
1,120
TON
$26.00
$29,120.00
Street Paving
4,000
SQ. YD.
$12.00
$48,000.00
Entrance Improvements (Per Sec. E.-7.2)
LUMP SUM
$5,400.00
$5,400.00
Curbs, Gutters, and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention / Detention Ponds
Road Culvert
LUMP SUM
$3,450.00
$3,450.00
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Sanitary Sewers/Sewage Facilities
Water Supply
LUMP SUM
$55,930.00
$55,930.00
Erosion Control Measures/BMP's
LUMP SUM
$5,500.00
$5,500.00
Fire Hydrants
3
EACH
$4,250.00
$12,750.00
Survey, Street Monuments/Boxes
Parking Area
Street Lighting
Street Names
Signage & Pavement Marking
LUMP SUM
$750.00
$750.00
Fencing Requirements
Landscaping (Seeding, Trees, etc.)
LUMP SUM
$750.00
$750.00
Park Improvements
3952396 Pages: 14 of 17
08/01/2013 11:02 AM R Fee:$0.00
Steve Moreno. Clerk and Recorder, Weld County,
■III ildriIhr:1140,10, IY0JL 'r Yr'tlCIICRkAitilh
CO
Bill
SUB -TOTAL:
$181,650.00
Engineering and Supervision Costs $ 7,500.00
(Testing, inspection, as -built plans and work in addition to preliminary and final plat•, supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION: $189,150.00 .
EXHIBIT A - Cost Sheet (ON -SITE) - Signature Page
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit B
BY: /� 1 C�/� �� c yz�s c�� - DATE: APRIL 3 , 2013
ODORS .SCHRAG ,TRUSTEE
For SCHRAGE LIVING TRUST
3952396 Pages: 15 of 17
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Steve Moreno, Clerk and Recorder, Weld County, CO
IIIIINFAIaRI6EG4OYNIaligintrkalii Bill
EXHIBIT B - Time Schedule (ON -SITE) & (OFF -SITE)
Name of Subdivision, PUD, USR, RE, SPR: The Meadows Estates —P. U. D. Filing/Case #: P - 1079 Location: NE V. Sec. 6, T4N, ROW
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements.
All improvements shall be completed within Three 13) years from the date of recording of the final plat.
Construction of the improvements listed in Exhibit A shall be completed as fo
Improvements
(Leave spaces blank where they do not apply)
Time Schedule
(D1V24lIE )
IDFF-,SITE )
Site Grading
Street Grading
October 2013
Street Base
October 2013
Street Paving
May 2014
Curbs, Gutters, and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention / Detention Ponds
Road Culvert
October 2013
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Sanitary Sewers/Sewage Facilities
Sanitary Sewer Forced Main
Erosion Control Measures/BMP's
Laterals (house or building connected)
Water Supply and Storage
Water Mains (includes bore)
September 2013
Fire Hydrants
September 2013
Survey, Street Monuments/Boxes
Parking Area
Street Lighting
Street Names
Signage & Pavement Marking
June 2014
Fencing Requirements
Landscaping
May 2014
Park Improvements
Telephone
June 2014
Gas
June 2014
Electric
June 2014
Water Transfer
Final Completion Date for Entire Protect
August 2014
EXHIBIT B - Time Schedule- Signature Page
The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for
any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be
met.
By: c1-1--)
THEODORE Ft. SCHRAGE, TRUSTEE
For SCHRAGE LIVING TRUST
3952396 Pages: 17 of 17
08/01/2013 11:02 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
■IIIr�R1�ht�'�IIu4+:PJ��,tC��hJ'Juf��i G4iJL�JA'JI'rH4rJ III III
Date: APRIL 3 , 2013
MEMORANDUM
TO: Board of County Commissioners
DATE: July 11, 2013
FROM: Michelle Martin )1/40
SUBJECT: PF-1079
The Department of Planning Services received a Performance Bond for the Improvements of
PF-1079. PF-1079 was approved in 2010 for a Final Plat for a PUD (The Meadows Estates
PUD) for five (5) residential lots with (E) Estate uses and 9.4 acres of common open
space
The collateral for the Improvements Agreement is in the amount of $189,150.00 for the
improvements.
After review of the collateral by the Weld County Attorney, the Department of Public Works and
Department of Planning Services, it has been determined that the amount of the agreement will
be sufficient to complete the improvements required for PF-1079.
2013-1848
MEMORANDUM
TO: Michelle Martin, Planning Services
DATE: 6/14/2013
FROM: Richard Hastings, Public Works Department
SUBJECT: BOCC Agenda Item - Approve Improvements
Agreement and Accept Collateral For:
The Meadows Estates, PUD (PF-1079)
Request for Approval of Improvements Agreement:
The Department of Planning Services received a request from the applicant Ted Schrage,
requesting that the Board of County Commissioners consider approving the Improvements
Agreement for the Planned Unit Development, PUD (PF-1079), located on SH 60 at CR 3, west of
the town of Johnstown.
Weld County Public Works Department reviewed the above -mentioned signed original document
and observed the following:
• All Public Works related items, of the "Improvements Agreement According To Policy
Regarding Collateral For Improvements", are found to be acceptable.
Request for Acceptance of Collateral:
The Department of Planning Services received a request from the applicant Ted Schrage,
requesting that the Board of County Commissioners consider accepting collateral in the form of a
Performance Bond in the amount of $189,150.00, for the above -mentioned Improvements
Agreement.
Recommendation:
The Department of Public Works is recommending approval of the Improvements Agreement
According To Policy Regarding Collateral For Improvements and the acceptance of collateral, in
the amount of $189,150.00 for The Meadows Estates, PUD (PF-1079).
pc: Don Carroll, Public Works
Elizabeth Relford, Public Works
C:\Users\egesick\AppData\Local\Microsofr\Windows\Temporary Internet Files \Content.Outlook\X1K6CP0S\Approve IA Accept Collateral (PF-
1079) - Schrage-The Meadows Estates- MEMO2 .docx
GOPHER EXCAVATION, INC.
PO Box 1079
BERTHOUD, CO 80513
970-532-1112
Name / Address
Ted H.Schrage
23505 Weld County Road 3
Loveland. Colorado 80537
H:970-532-9868
M:970-290-4186 F:970-532-9956
Estimate
Date
Estimate #
1/1/2013
08-392
Description
Qty
Cost
Total
Full Payment Of Completed Work Is Due Within 30 Days Of
Invoice
Accepted By:
Title:
Date:
Thank You For The Opportunity To Quote Your Work, Estimate Must Be Signed For Work
To Commence
Total 5189.150.00
Page 2
Bond # 1089419
PERFORMANCE BOND FOR
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
KNOW ALL PERSONS BY THESE PRESENTS, that (name) Ted Schrage, (address)
23505 WCR3 Loveland CO 80537, a (corporation, limited liability company, etc.) Individual,
organized under the laws of the State of Colorado, with its principal office located at (address)
23505 WCR3 Loveland CO 80537, hereinafter called "Principal", and (name of surety) Lexon
Insurance Company, of (address of surety) 900 S. Frontage Rd. Ste 250 Woodridge, IL 60517,
hereinafter called "Surety", are held and firmly bound unto Board of County Commissioners of
Weld County, Colorado, on behalf of Weld County, Colorado, hereinafter called "Obligee" in
the full and penal sum of One Hundred Eighty -Nine Thousand One Hundred Fifty and 00/100
Dollars ($189,150.00), lawful money of the United States for the payment of which well and
truly made, we bind ourselves, our heirs, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the above -bound Principal (has obtained) or (is about to obtain) from the
Obligee a land use permit, namely (insert the specific permit and number — USR, SPR etc)
{� r(b 71 , and pursuant to the requirements of said permit, has entered into an
Improvements Agreement, dated March 6, 2013, with Obligee, wherein Principal has agreed to
construct the improvements detailed in Exhibit "A" of that Improvements Agreement, and
WHEREAS, the Improvements Agreement requires Principal to obtain a performance
bond in an amount equal to the total cost of the improvements for which Principal is responsible
and naming Obligee as beneficiary, and
WHEREAS, the value of improvements for which Principal is responsible equals One
Hundred Eighty -Nine Thousand One Hundred Fifty and 00/100 Dollars, ($189,150.00).
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
Principal shall well, truly and faithfully perform its duties, and all of its undertakings, covenants,
terms, and conditions as set forth in the Improvements Agreement, and if Principal shall satisfy
all claims and demands set forth in said agreement, and shall -hilly indemnify and save harmless
Obilgee from all costs and damages which it may suffer by reason of Principal's failure to
perform as agreed, and shall reimburse and repay Obligee all outlay and expense which Obligee
may incur in making good any default, then this obligation shall be null and void;
PROVIDED FURTHER, that if Principal shall default in any of its obligations set forth
in the Improvements Agreement, and thereafter fail to fully indemnify and save harmless
Obilgee from all costs and damages which it may suffer by reason of said default, this obligation
shall remain in full force and effect;
PROVIDED FURTHER, that Surety, for value received, hereby stipulates and agrees that
no change, extension of time, alteration or addition to the terms of the Improvements Agreement
to the work to be performed thereunder, shall in any way affect its obligations on this bond, and
Bond # 1089419
it does hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the Improvements Agreement.
PROVIDED FURTHER, this bond obligation may be cancelled by the Surety upon
giving Sixty (60) days written notice to the Obligee. This bond shall renew annually
automatically, from the date of this bond until its release by Obligee, to guarantee that Principal
shall well, truly and faithfully perform its duties, and all of the undertakings, covenants, terms,
and conditions set forth in the Improvements Agreement, and any extensions thereof which may
be granted by Obligee with or without notice to Surety.
PROVIDED FURTHER, the parties to this Performance Bond acknowledge that through
the Improvements Agreement, Obligee reserved the right to require Principal to obtain a different
Performance Bond from a financial institution other than Surety in the event that the rating of
Surety by AM Best falls below a B+ rating.
IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of
which shall be deemed an original, this 6th day of March, 2013.
Principal Secretary/Witness
(SEAL)
Witnes's to Surety
Same
Address
Same
Address
Ted Schrage
Principal
By:
Title
LEXON INSURANCE COMPAN
900 S. Frontage Rd. Ste. 250
Address
Woodridge, I160517
Address
IMPORTANT: Surety company executing bond must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the State of
Colorado.
Bond must be accompanied with Attorney -in Fact's authority from the surety company certified
to include the date of the bond.
POWER OF ATTORNEY
Lx -122273
Lexon Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in
Louisville, Kentucky, does hereby constitute and appoint: Michael E. Bruce, Tammy D. Henkle ************************
its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON
INSURANCE COMPANY on the 1st day of July, 2003 as follows:
Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or
other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity
or other writings obligatory in nature of a bond not to exceed $2,500,000.00, Two -million five hundred thousand dollars, which the Company
might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an
Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected
officers of the Company. Any Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked
as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney
granted, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such
power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such
power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached,
continue to be valid and binding on the Company.
IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its
Corporate Seal to be affixed this 21st day of September, 2009.
O! TEXAS --
Xg INSURANCE
COMPANY
•
•
ACKNOWLEDGEMENT
LEXON INSURANCE COMPANY
BY
David E. Campbell
President
On this 21st day of September, 2009, before me, personally came David E. Campbell to me known, who being duly sworn, did
depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above
instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation.
"OFFICIAL SEAL"
MAUREEN K. AYE
Notary Public, State of Illinois
My Commission Expires 09/21/13
CERTIFICATE
Maureen K. Aye
Notary Public
I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY
that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and
the resolutions as set forth are now in force.
th
Signed and Sealed at Woodridge, Illinois this Day of March 20 l
Philip G. Lauer
Assistant Secretary
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files an application for insurance or
statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact materi-
al thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties:'
LX1
Michelle Martin
From:
Sent:
To:
Subject:
Stephanie Arries
Thursday, June 20, 2013 2:10 PM
Michelle Martin; Brad Yatabe; Richard Hastings
RE: IA for PF-1079
This is the same IA sent to them 2 years ago
I sent an email to Rich to ask about the changes we have made to the IA since then... He has kept track and I
have not.
I don't know if enough has changed since then for us to require Schrage's to sign a newer version - to protect
the County's interests.
Stephanie L. Arries
Assistant Weld County Attorney
1150 "O" Street
P.O. Box 758
Greeley, Colorado 80632
Tel: 970-356-4000 ext 4394
Fax: 970-352-0242
Email: sarries@co.weld.co.us
STATEMENT OF CONFIDENTIALITY & DISCLAIMER:The information contained in this email message
is attorney privileged and confidential, intended only for the use of the individual or
entity named above. If the reader of this message is not the intended recipient, you are
hereby notified that any dissemination, distribution or copy of this email is strictly
prohibited. If you have received this email in error, please notify us immediately by
replying and delete the message. Thank you.
From: Michelle Martin
Sent: Thursday, June 20, 2013 11:12 AM
To: Brad Yatabe; Stephanie Arries
Subject: IA for PF-1079
Hi Brad and Stephanie,
Have you been able to look at the Improvements agreement for Ted Schrage PF-1079? Please let me know your
thoughts the applicant would like the IA to go before the BOCC soon.
Michelle Martin
Planning Manager
1555 N 17th Ave
Greeley, CO 80631
mmartin@co.weld.co.us
PHONE: (970) 353-6100 x 3540
FAX: (970) 304-6498
Hello