HomeMy WebLinkAbout20130016.tiffRESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT, USR12-0022 - ROBERT L.
SELTZER FAMILY TRUST / COLORADO OUTDOOR STORAGE, LLC
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 August 1, 2012, the Weld County Board of Commissioners approved a
Site Specific Development Plan and Use by Special Review Permit, USR12-0022, for Robert L.
Seltzer Family Trust, Attn: Tim Seltzer, 33641 County Road 83, Briggsdale, Colorado 80611,
and Colorado Outdoor Storage, LLC, 9249 South Broadway #418, Littleton, Colorado 80129, for
any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the
Commercial or Industrial Zone Districts (outside recreational vehicle storage and miscellaneous
storage) provided that the property is not a lot in an approved or recorded subdivision plat or
part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A
(Agricultural) Zone District on the following described real estate, to -wit:
Lot D of Recorded Exemption, RE -4482; being part
of the SW1/4, W1/2SE1/4 of Section 34, Township
1 North, Range 67 West of the 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
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the Robert L. Seltzer Family Trust, c/o Tim Seltzer,
Trustee, with terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with an Irrevocable Standby Letter of Credit
No. 0069 from Cache Bank and Trust, 4601 West 20th Street, Greeley, Colorado 80634, in the
amount of $60,506.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Irrevocable Standby Letter of Credit No. 0069 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 between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and the Robert L. Seltzer Family Trust, c/o
Tim Seltzer, Trustee, be, and hereby is, approved.
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Steve Moreno, Clerk and Recorder, Weld County CO
EE DDI
2013-0016
PL2170
IMPROVEMENTS AGREEMENT - ROBERT L. SELTZER FAMILY TRUST / COLORADO
OUTDOOR STORAGE, LLC
PAGE 2
BE IT FURTHER RESOLVED that Irrevocable Standby Letter of Credit No. 0069 from
Cache Bank and Trust, 4601 West 20th Street, Greeley, Colorado 80634, in the amount of
$60,506.00, be and hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of January, A.D., 2013.
BOARD OF COO. Y COMMISSIONERS
WELD COUNT COLORADO
ATTEST:
Weld County Clerk to the
BY:
Deputy Cle
ounty Attorney
APP
Date of signature: 1` 4i3
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Steve Moreno, Clerk and Recorder, Weld County CO
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Doug
Sean P. Conway
Mike F "eman tit
Barbara Kirkmeyer
2013-0016
PL2170
MEMORANDUM
TO: Clerk to the Board
DATE: 12/20/2012
FROM: Richard Hastings, Public Works Department
SUBJECT: BOCC Agenda Item - Approve Improvements
Agreement and Accept Collateral For:
Seltzer/Colorado Outdoor Storage- (USR12-0022)
Request for Approval of Improvements Agreement:
The Department of Public Works received a request from the applicant's representative, David
Meyer/VERTEX, requesting that the Board of County Commissioners consider approving the
Improvements Agreement for an Outside Recreational Vehicle and Miscellaneous Storage Facility
for (USR12-0022), located on CR's 19 & 2, west of the city of Brighton.
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 Public Works received a request from the applicant's representative, David
Meyer/VERTEX , requesting that the Board of County Commissioners consider accepting
collateral in the form of a Irrevocable Letter of Credit #0069 — (Cache Bank & Trust) in the
amount of $60,506.00, for the above -mentioned Improvements Agreement.
Recommendation:
The Department's of Public Works and Planning Services are recommending approval of the
Improvements Agreement According To Policy Regarding Collateral For Improvements and the
acceptance of collateral, in the amount of $60,506.00 for Seltzer/Colorado Outdoor Storage -
(USR12-0022).
pc: Heidi Hansen, Public Works
Chris Gathman, Planning Services
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•
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Seltzer/Colorado Outdoor Storage — USR 12-0022
Part 1: Site Specific Provisions
THIS AGREEMENT, made and entered into this ?n<i day of JG1nue,- , 200,
by and between the County of Weld, State of Colorado, acting through its BoMd of County
Commissioners, hereinafter called "County," and Robert L. Seltzer Family Trust c/o Robert
Rickard -Rock Creek Surveying, LLC, hereinafter called "Property Owner."
WITNESSETH:
WHEREAS, Property Owner is the owner of, the following described property in the
County of Weld, Colorado:
Lot D of Recorded Exemption RE -4482; W2SE4 & part of the SW4 of Section
34, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado
and
hereinafter referred to as "the Property," and
WHEREAS, County has approved land use permits for an Outside Recreational Vehicle
Storage and Miscellaneous Storage Facility, on approximately 127.89 acres on the above
described real property, and the County is currently in the process of considering an Use -by -
Special Review for the Property (USRl2-0022), and
WHEREAS, the Property Owner acknowledges that the issuance of USR12-0022 is
conditional upon Property Owner's performance of the on -site and off -site improvements which
are described in this Agreement and depicted in the Plat Map and the set of accepted
Construction Plans provided 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 USR 12-0022 and/or any activity related to the businesses described above until said
improvements have been completed, and
WHEREAS, Property Owner agree that pursuant to the provisions of Weld County Code
Sec. 23-2-290, the failure to commence construction of the improvements outlined herein or to
commence the use of the Property as approved in USR12-0022 within three (3) years of the
approval of the permit issued under USR12-0022, may result in the revocation of USRl2-0022,
upon consideration and order of the Board of County Commissioners, and
WHEREAS, the Property Owner agrees that the failure to record the plat within the time
limits imposed by the Weld County Board of County Commissioners, may result in the
revocation of' USR12-0022, upon consideration and order of the Board of County
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Commissioners, and
WHEREAS, the parties agree that Property Owner shall provide collateral for all on -site
and off -site improvements required by this Agreement when the Property Owner submits and
receives approval of an application for a Grading Permit, Building 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, or at a time determined acceptable by the Board of County Commissioners.
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
1.0 Weld County Road 19: The Property Owner shall be responsible for the
construction of certain on -site and off -site safety improvements, which shall include:
construction of adequate turning radii forty-five (45) feet at the main entrances and exits which
extend partially into CR 19 right-of-way (ROW), drainage and signage installations, as indicated
on the accepted Construction Plans. The main entrance improvements will include recycled
asphalt from CR 19 up to the access gate as well as on the turnaround before the gate to ensure a
complete revolution of the truck tires in order to minimize the tracking of mud and debris onto
the adjacent County road. (See Section D.2.0 of this Agreement). Granting of any new point of
access may generate additional obligations with County for Off -Site Improvements and the need
to post additional "Road Maintenance Collateral". County access permit is needed for every
access to a County road.
2.0 Road Improvements Responsibilities: Property Owner is solely responsible for all
designated improvements, as specified above in Section A.1.0, on CR 19 and for any
construction improvements mandated by the County, and for all expenses associated therewith.
These responsibilities include, but are not limited to the following: design, surveys, utility
locates, present and future right-of-way clearances and permits; coordination with oil and gas
operators and facilities, and affected irrigation facilities; traffic control; and project safety during
construction. Property Owner shall obey all applicable regulations issued by the Occupational
Safety and Ilcalth Administration (hereinafter "OSHA"), Colorado Department of Public health
and Environment, (hereinafter "CDPIIE") and other Federal, State or County regulatory
agencies.
3.0 Engineering Design and Construction Plans: For Off -Site Improvements as set -
forth in Section A 1-2 above, all engineering designs and construction plans must be provided by
Property Owner. These Plans, when reviewed and accepted by the Weld County Engineer, shall
be a part of the Plans, which are a part of this Agreement. All plans showing work within the
County shall be reviewed and accepted by Weld County, prior to the start of construction. For all
construction in the County right-of-way, prior to the issuance of any access permit or right-of-
way permit, a construction schedule giving times and locations of all proposed improvements
shall be provided to Public Works for review and acceptance.
4.0 Construction Standards: All construction and materials controls for a project and
any designated improvements shall conform to the requirements in effect as the time of the
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completion of the improvements set forth in the "Standard Specifications for Road and Bridge
Construction" provided by CDOT.
5.0 Traffic Control: Prior to any construction in the County Right -Of -Way and as a
condition of issuance of any access permit or Right -Of -Way permit, the applicant shall submit a
traffic control plan for County review. During construction, appropriate safety signage shall be
posted in accordance with the then current version of the "Manual of Uniform Traffic Control
Devices".
6.0 Off -Site Dust Control/Abatement and/or Paving (Not Applicable): The Property
Owner is required to provide dust abatement along affected County Roads approximately two to
five times per year, as determined by the County. County will determine the proportionate share
of dust control and/or paving costs to be paid by Property Owner based upon then current Truck
Trip - Equivalent Single Axle Load (ESAL) Counts that identify traffic loading due to Property
Owner -sourced traffic. The amount and extent of dust control will be determined by site -specific
conditions at the time, as determined exclusively by County personnel. In order to accurately
determine percentage of Property Owner truck traffic, the County reserves the right to install
traffic counters on the driveway(s) of their facility. The percentage of truck traffic utilizing
County roads in the vicinity of the site attributable to Property Owner (or their contractors,
clients, tenants, or customers) activities will be determined by traffic counts conducted by the
County on the primary and requested alternate or revised traffic routes. The County will have
sole responsibility for determination of the percentage of truck traffic on all affected roads.
7.0 Future Improvements: Future improvements to the Property Owner -sourced
traffic route(s) may be required by County. Property Owner shall address all County access
issues associated with afore -mentioned traffic route. Future County mandated measures may
include improvements to any traffic route intersections or roadways then utilized by Property
Owner. Property Owner shall pay a proportionate share of the cost of the entire project including
engineering designs and construction plans based on the Applicant's share of ESAL Counts
using then current data on the traffic route in the implementation of the above -mentioned
improvements. County personnel alone shall make all determinations regarding the gathering of
and use of traffic data when making decisions regarding cost sharing. In order to accurately
determine percentage of Property Owner traffic, the County reserves the right to install traffic
counters on the driveway(s) of their facility. Future improvements will be subject to any
Federal, State or County regulations in place at the time the improvement project is initiated.
Traffic Route improvements may be triggered due to heavy truck traffic associated with the
facility.
8.0 Timing of Improvements: Subject to the provisions of Weld County Code Sec.
23-2-290 and any conditions or considerations granted by the Board of County Commissioners,
Property Owner shall not be required to complete the aforementioned offsite improvements as
described in Section A 1-2 until the occurrence of the triggering event for each improvement,
namely the application for the Grading Permit, Building Permit or Right -Of -Way access permit
or the commencement of activities on the property(s). At that time, Property Owner agrees that
the required collateral will be posted and all on -site and off -site improvements shall commence
and shall be completed within the parameters established in Sections A.-3.0 and E.-7.2, and
Exhibit B, herein.
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9.0 Acceptance of Off -Site Improvements: Upon completion of the off -site
improvements, Property Owner shall contact a representative of the Weld County Department of
Public Works and request an inspection of the off -site improvements described in paragraphs
A.1.0-2.0 above. The County's representatives may then initiate the acceptance process set forth
in Paragraphs E.6.0, sections 6.1-6.3.
9.1 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 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.
B. Haul Routes: (At this time, non -applicable)
1.0 Established Haul Routes:
2.0 Haul Route Signage:
3.0 No Deviation from Permitted Haul Routes:
4.0 Effect of Future Changes to Haul Routes:
C. Road Maintenance Requirements:
1.0 Obligation to Maintain Current and Future Haul Routes: (At this time, non
applicable)
2.0 Annual Road Inspection: (At this time, non -applicable)
3.0 Future Road Replacement: (At this time, non -applicable)
4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners: (At
this time, non -applicable)
5.0 Violation of Terms of Agreement: If Property Owner does not perform as
outlined in this Agreement and Exhibits A and B such non-performance will constitute a
violation of Property Owner's land use permits granted by County, and County will take
whatever remedial measures it deems necessary, against Property Owner. In addition to any
other remedy available to the County in law or equity, a failure to comply with this Agreement
shall be considered grounds for setting a probable cause hearing according to the procedures
described in Section 2-4-40 of Weld County Code. Revocation of USR12-0022 as it now exists
or may, from time to time, be amended is a remedy which County may impose.
D. On -Site Improvements:
1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and/or
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maintain the landscaping and re -seeding of the property where applicable as shown on the
accepted Construction Plans and USR12-0022 plat map. Specifically, Property Owner shall at its
own expense, plant, install and/or maintain all grass and other landscaping and re -seeding where
applicable as shown on the accepted Construction Plans and USR12-0022 plat map.
Additionally, the Property Owner shall install and/or maintain fencing to screen the property
where applicable as indicated on the accepted Construction Plans and USR12-0022 plat map. In
the event any of these improvements may include work extending into State or County Right -Of -
Way, 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 Services, as further described in the accepted
Construction Plans and USRl2-0022 Plat Map. The main entrance improvements will include;
construction of adequate turning radii at the main site entrance onto CR 19, an appropriately
sized drainage culvert, and recycled asphalt from CR 19 up to the access gate and including the
turnaround before the gate to ensure a complete revolution of the truck tires to minimize the
tracking of mud and debris onto the adjacent County road.. Any other on -site improvements shall
be completed as indicated on the accepted Construction Plans for this facility including the
placement of recycled asphalt throughout the driving and parking areas. Property Owner shall be
responsible for all maintenance of the on -site improvements. Refer to Section A., paragraph 1.0
of this agreement for any specific paving requirements extending into the facility site from CR
19. Additional infrastructure improvements will be addressed at the time of application for any
future amended USR. Some 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.
3.0 Timing of Improvements: Subject to the provisions of Weld County Code Sec.
23-2-290 and any conditions or considerations granted by the Board of County Commissioners,
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 or an amendment to the existing USR. Except with prior County consent, no grading
permit will be released until collateral is posted for all on -site and off -site improvements and the
final 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 accepted 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 Weld County Department of Planning Services
and the Weld 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 Paragraphs E.6.0,
sections 6.1-6.3 "End of Part 1"
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IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Seltzer/Colorado Outdoor Storage — USR12-0022
Part 2: General Provisions
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 he 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 Rights -of -way and Easements: Before commencing the construction of any
improvements herein agreed upon for public rights -of -way or easements, Property Owner shall
acquire, at the sole expense of Property Owner, good and sufficient rights -of -way and easements
on all lands and facilities traversed by the proposed improvements. All such rights -of -way 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.
3.0 Construction: Property Owner shall furnish and install, at its own expense, the
improvements identified on the accepted Construction Plans and USR12-0022 Plat Map, be
solely responsible for the costs listed on Exhibit "A", and described in parts A and D of this
agreement, which are attached hereto and/or incorporated herein by reference, with the
improvements interior to the Property being completed by the dates set forth on Exhibit "B" (On -
site), and improvements to public rights -of -way or easements being completed also in
accordance with the schedule set forth in Exhibit "B" (Off -site). 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.
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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
approved plans and specifications, including but not limited to damages to
property adjacent to the construction plan area shall be repaired, removed
or replaced to the satisfaction of the County at the expense of Property
Owner.
4.0 Release of Liability: To the extent allowed by law, each party to this Agreement
(the "Indemnifying Party") shall indemnify and hold harmless the other party (the "Indemnified
Party") from any and all liability, loss and damage the Indemnified Party may suffer as a result
of all suits, actions or claims of every nature and description caused by, arising from, or on
account of the negligent or intentional act of the Indemnifying Party or its officers, agents,
employees, except for the liability, loss, or damage arising from the negligent or intentional act
of the Indemnified Party. All contractors and other employees engaged by Applicant and County
in construction of the On -Site and Off -Site Improvements shall maintain adequate worker's
compensation insurance and public liability insurance coverage, and shall operate in strict
accordance with the laws and regulations of the State of Colorado governing occupational safety
and health. The obligations of the Applicant under this paragraph shall not extend to any
judgments against County which are in excess of the limitations on liability set forth in the
Colorado Government Immunity Act, C.R.S. Section 24-10-101, et. seq., to the maximum extent
that such limitations or liability are applicable.
5.0 Warranty of On -Site and Off -Site Improvements: Properly 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 two (2) years. 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 Property Owner, the improvements shall be
deemed accepted by the County.
6.1 If requested by the Property Owner 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.
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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
USR improvements in that phase of the USR is satisfactory to the County,
and all terms of this Agreement have been faithfully kept by Applicant.
6.3a Upon completion of the construction of the required off -site
improvements, and the filing of a Statement of Substantial Compliance by
Property Owner's engineer, the Property Owner may, as set forth in
Paragraph A.9.0, 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 two-year warranty
period begin. Upon completion of the two-year warranty period, the
County Engineer shall, upon request by the applicant, inspect the subject
improvements, and notify the Property Owner of any deficiencies. If any
deficiencies are discovered, the Property Owner shall correct the
deficiencies. The County Engineer shall reinspect the improvements after
notification from the Property Owner that said deficiencies have been
corrected. If the County Engineer finds 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 for acceptance of
improvements within the USR, the Board of County Commissioners shall
fully accept said improvements.
6.3b 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, the 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 two-year warranty
period begin. Upon completion of the two-year warranty period, the
County Engineer and/or the Weld County Department of Planning
Services shall, upon request of the Property Owner, inspect the subject
improvements, and notify the Property Owner of any deficiencies. If any
deficiencies are discovered, the Property Owner shall correct the
deficiencies. The County Engineer and /or the Department of Planning
Services shall reinspcct the improvements after notification from the
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 USR, the
Board of County Commissioners shall fully accept said improvements.
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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 shall be
provided separately for on -site improvements and off -site improvements;
(2) Warranty Collateral required for all improvements during the warranty
phase; and (3) Road Maintenance Collateral (If Applicable) to be kept in
place for the life of the permit.
7.2 Project Collateral submitted to Weld County to guarantee completion of
the improvements indentified on the accepted Construction Plans and
USR12-0022 Plat Map and further enumerated in the costs listed in
Exhibit "A," must be equivalent to One -Hundred 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 Section
A., 1.0 (if any) or D.2.0 of this Agreement that include only improvements
involving turning radii and approaches can be included as part of the On -
site collateral amount, if clearly delineated on accepted Construction Plans
and differentiated as "Entrance Improvements" on Exhibit "A" On -Site
Improvements of this Agreement. This collateral must be submitted to
County upon the submission of the Property Owner's application of a
grading, building, and/or right -of way permit, or at a time determined
acceptable by the Board of County Commissioners, 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 two (2)
years 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 Road Maintenance Collateral shall be submitted to County upon the
release of the warranty collateral by the Board of County Commissioners
or at the time of approval of this Agreement, if no Project Collateral was
initially submitted. Road Maintenance Collateral is held for use on roads
associated with the designated haul route, The amount of the collateral
required for road maintenance shall be one percent (1%) of the initial
Project Collateral listed on Exhibit "A" — Cost Sheet (OFF -SITE) of this
agreement. If no Off -Site Collateral is submitted, the amount of Road
Maintenance Collateral shall be one percent (1%) of the initial Project
Collateral listed on Exhibit "A"- Cost Sheet (ON -SITE). If no Project
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Collateral was initially submitted, Road Maintenance Collateral shall be
submitted at the time of approval for this Agreement or at such time that
approved USR12-0022 activities are initiated. The submitted amount shall
be $3,600.00 for facilities adjacent to paved haul route roads or $2,400.00
for facilities adjacent to gravel haul route roads, and the amounts will be
listed on Exhibit "A"- Cost Sheet (OFF -SITE). Road Maintenance
Collateral shall be held by County as long as this Agreement is in effect
and returned to the Property Owner upon vacation of associated land use
agreement or permit. The Road Maintenance Collateral will only be
accessed by the County, if upon notification to Property Owner of required
roadway safety related repairs; Property Owner fails to perform said
repairs. If any of this collateral shall be collected by County, Property
Owner shall replace the amount, plus interest, within six (6) months.
7.5.1 Road Maintenance Collateral Option (For Materials Haulers):
In lieu of cash collateral, Property Owner may submit funds
quarterly to Weld County, at a rate of ten (10) cents per ton, based
on the amount of processed material leaving the site. These funds
will be escrowed by the County and utilized for roadway repairs
specific to the USR's designated haul route. The first payment of
funds will be due three months after the initial sale of materials
from the USR site. Subsequent quarterly payments will be
deposited in the associated escrow account until the USR permit is
terminated. Utilization of this collateral option will negate any
further obligations of the Properly Owner and/or Applicant to
participate in any future maintenance and/or improvements
projects for the associated Haul Route. Upon vacation of the USR
for this facility and following determination by Public Works staff
that no immediate repairs are required for the Haul Route, any
remaining funds in the escrow account will be returned to the USR
Permittee.
7.5,2 Road Maintenance Collateral (For Off -Site Dust Control — If
Applicable):
The total costs for materials and application, will be listed on
Exhibit "A" (OFF -SITE) — Dust Control, of this agreement. These
funds will be utilized by the County for roadway applications
specific to the USR's designated haul route, only if the applicant
does not adhere to the requirements for dust suppression as
specified in Section A.6.0 of this agreement. Following completion
of all construction phases, and/or upon vacation of this USR, and
following determination by Public Works staff that no immediate
repairs are required for the Haul Route, any remaining Dust
Control collateral will be returned to the USR Permittee.
7.6 Acceptable Project Collateral shall be submitted when the Property Owner
submits an application for the Grading Permit, Building Permit, or Right -
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of -Way Access Permit prior to commencement of Site Preparation, as
herein defined.
7.6.1 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 all 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, except with prior County
consent. 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 USR12-0022 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.
7.7 Collateral may be in the form of an irrevocable letter of credit (LOC) in an
amount equivalent to one -hundred percent (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.
7.8 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 and the Plat. 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.
7.9 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. In the event the
applicant is required to warranty the improvements, the applicant shall
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replace the original deposit with a deposit in the amount of fifteen percent
(15%) of the original amount and those funds shall remain available to the
County until released by the County at the end of the warranty period.
7.10 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
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. 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 Property Owner's Engineer or his representative has made regular
on -site 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 he 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 "As -built" plans shall be submitted at the time the letter requesting release
of collateral is submitted. The Property Owner's Engineer shall certify
that the project "as -built" is in substantial compliance with the plans and
specifications as approved, 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
7
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approved plans. The letter shall indicate if the fire hydrants are operational
and, if required by the County, 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 (if Property Owner has
supplied any or all of the collateral) may request release of the collateral
for the project or portion of the project by the Board. This action will be
taken at a regularly scheduled public meeting of the Board.
8.8 Following the written request for partial release of the "Project
Collateral", the Weld County Department of Planning Services and the
Weld County Department of Public Works County shall inspect the on -site
and/or off -site improvements. If the improvements require mitigation or
further repairs are required, said work must be completed prior to the
partial release of "Project Collateral". 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 require 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 For all off -site and on -site improvements (including improvements to
public rights -of -way or easements), the written request for release of
"Warranty Collateral" shall be accompanied by "Road Maintenance
Collateral" (If Applicable) as specified in Section F.7.5 of this Agreement.
"Road Maintenance Collateral" for roads associated with the designated
haul route shall be maintained as long as the USR is active.
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
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assigned. Applicant's release of its obligations shall be accomplished by County's execution of a
new Improvements Agreement with the successor owner of the property. (See paragraphs F. 1.2
and 2.2 below) 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.
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. Violations of the terms of this Agreement include violations of the agreements
contemplated by Paragraphs C. 4.0 & C. 5.0 of this Agreement, and a failure to enter into such
Agreements in a timely manner.
F. Termination of Agreement:
1.0 Termination Event: This Agreement shall terminate upon the earliest of the
following events:
1.1 Cessation of all Permit Related Activities. Termination of this Agreement
shall occur upon Operator's complete cessation of all activities permitted under USRl2-
0022 or any amendments thereto. A partial cessation of activities shall not constitute a
Termination of this Agreement, nor shall County's issuance of a partial release constitute
a Termination. Operator shall provide written notice to Property Owner and County of
said cessation of activity, which County shall then verify. If written notice is not provided
to County, Termination of this Agreement shall not occur until County has determined
that the Use by Special Review is inactive, which shall be three (3) years following
County's observance of the cessation of activities, as provided in Sec. 23-2-200.E of the
Weld County Code.
1.2 Execution of Replacement "Improvements Agreement According to
Policy Regarding Collateral for Improvements — USRl2-0022 by New Property Owner:
This Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — USR12-0022
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with a new Property Owner who has purchased the Property, and intends to make use of
the rights and privileges available to it through the then existing USR.
1.3 Execution of Replacement "Improvements Agreement According to
Policy Regarding Collateral for Improvements — USR12-0022 by New Operator: This
Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — USR12-0022
with a new operator who has assumed the operation of the business on the Property
which business activities are permitted by the then existing USR.
2.0 Termination Procedures.
2.1 Termination Procedures Following Cessation of Permit Related Activities:
Following the events outlined in paragraph 1.1 above, County shall conduct its annual
road inspection. Said road inspection shall be conducted on or before May 31 following
the announcement or determination of the cessation of permit related activities on the
Property. The results of the inspection shall be delivered in writing to the Property Owner
and Operator. If the County determines that pursuant to the terms of this Agreement, the
Operator must complete any of the improvements and/or road maintenance obligations
outlined herein, said obligations must be completed within a reasonable period of time
thereafter, but in no event later than six (6) months following the determination that
permit related activities have ceased. Collateral shall not be released by County until such
time as county determines that all of the improvements have been completed.
2.2 Termination Procedures Pursuant to Transfer of Ownership of the
Property or Transfer of Operations: If the Property Owner or Operator desires to assign
its rights and obligations under this Agreement to a successor Property Owner or
Operator, the Property Owner or Operator shall, prior to the transfer, provide County with
a written Notice to Transfer, stating the date of transfer, and identifying the party to
whom the transfer shall be made. Following receipt of the Notice to Transfer, County
shall inspect the improvements required under the terms of this Agreement to determine
whether the improvements have been completed. If the improvements have not been
completed, the Property Owner and/or Operator shall either complete the improvements
or post collateral equal to the cost of the completion of the improvements, if such
collateral is not in place. If collateral is available at the time, County shall hold a hearing
to determine whether the collateral should be called upon to pay County or a contractor
of the County to complete the improvements. County shall also inspect the road(s) which
are covered by this Agreement to assess the current condition of the road(s) and
determine whether Operator and/or Property Owner would be required to perform road
maintenance within the following twelve months had the Agreement not been assigned. If
road maintenance is, in the opinion of County, required, Property Owner and/or Operator
shall be required to either perform the road maintenance or to post collateral equal to the
cost of said maintenance. County shall not execute a new Improvements Agreement
According to Policy Regarding Collateral for Improvements — USR12-0022 with a
successor Property Owner and/or Operator prior to the performance of the road
maintenance or the posting of collateral for said maintenance, unless the new Property
Owner and/or Operator posts collateral for the required maintenance.
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3.0 Consequence of Termination by Cessation of Permit Related Activities:
Following County's confirmation that Property Owner and/or Operator has/have ceased all
permit related activities and has/have completed previously uncompleted Improvements and or
completed any required road maintenance, County shall release Property Owner and/or Operator
from all further obligations under this Agreement. No Further permit related activities shall be
permitted unless and until approved by County following execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — USR12-0022 with a
Property Owner and Operator.
4.0 Consequence of Termination by Execution of Replacement Improvements
Agreement: Following County's execution of an Improvements Agreement According to
Policy Regarding Collateral for Improvements — USR12-0022 with a successor Property Owner
and/or Operator, the predecessor Property Owner and/or Operator shall have no further rights
and/or obligations under this Agreement or in USR12-0022.
5.0 Consequence of Termination Pursuant to Paragraph E.11.0: In the event that
activities related to USR12-0022 cease as a result of the revocation of the permit as described in
Paragraph E.11.0 of this Agreement, neither Property Owner nor Operator will be released from
any of the obligations imposed by the terms of this Agreement only after Property Owner's
successful completion of all improvements required under this Agreement or after County
accesses the collateral to the extent necessary to complete improvements County, in its sole
discretion, deems necessary to preserve public interests.
G. 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.
H. 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 arc 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.
I. 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
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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.
J. Authority to Sign: Each person signing this Agreement, and associated Exhibits,
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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
PROPERTY
OWNER:
SIGNATURE
PRINTED NAME -72;pr Benz',-
TITLE (If Other Than Property Owner)
PROPERTY
OWNER/LESSEE:
SIGNATURE
f
PRINTED NAME
TITLE (If Other Than Property Owner)
STATE OF COLORADO
ss.
County of Weld
) 'V`
The regoing instrument was ack jowledged before me this day of ill/Wen4Leir
201 1, by
WITNESS my hand and official seal.
My commission Expires:
ATTEST:
" IftaAL iJQMAd b
LAUKO KHONGRATH I
NOTMY PUBLIC, STATE OF COLORADO
Notary P$i) pmm. Expires Sept. 2, 2015
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
William F. Garcia, Chair
JAN 0 2 2013
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Steve Moreno. Clerk and Recorder. Weld County, CO
■���FriPL?ilVAIIIIIN IIrw'U. R7illl4r.IwLIN■BMMM
G/�2 - GC/(o
Weld County Clerk to the Board
BY
Deputy Clerk tothe Board
APPROVED AS TO FORM:
County Attorney
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Steve Moreno. Clerk and Recorder, Weld County. CO
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Agreement ASeltzer -CO Outdoor Storage (USR 12-t)022) Part 2 -Weld County Provisions -Final LA- 2012 (I 1-21-12).doex
EXEIIBIT A: 7.cpt. Sheet (ON-S'XTE)
Name of Subdivision, PUD US -ARE, SPR`COL Pad ottvli1 r AfarPilingiCase ii: /Z'OO Z 2 Location: 3 I L CF. I ! ,}
Personnel Contact: Name 17 N1 S& 't-ef Title 01.. r( ey Phone 303 - 809— 39 Z4
Intending tube legally bound, the undersigned Applicant beret y ogrees to provide throughout this faci(iu, die (ollowine i.
Improvements
(Leave spaces blank where they do not apply)
j
PN4SIT
Ouantity
Dili!
Unit Costs ($1
Estimated Construction
Cost to
Site Grading
Street Grading
Street Base
Street Paving
Entrance Improvements (Per Sec. E:7.2)
)27474
SF
Z. 0O
,t
ii 94g
Curbs, Gutters, and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention / Detention Ponds
6 6'7
S i 4
3asLS.
-3/Soo
Road Culvert
3i So O
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Sanitary Sewers/Sewage Facilities
Water Supply
Erosion Control Measures/BMP's
54 SO
Fire Hydrants
Survey, Street Monuments/Boxes
Parking Area
Street Lighting
Street Names
Signage & Pavement Marking
Fencing Requirements
6 g'% .. .
L1
2-0
/ 37 4O
Landscaping (Seeding, Trees, etc.)
�� .ig Z
Park Improvements
3903099 Pages: 22 of 25
01/15/2013 01:59 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder. Weld County, CO
11111
SUB -TOTAL:
SS/ oo4 j
Engineering and Supervision Costs $ /I SO O
(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 $ 6 61 sC. O O
E P BIT r co4i . a tt11fi<SI7'E Sigpatnre
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:
Applicant
/eU S.6Ce
Title
By:
Applicant
Title
3903099 Pages: 23 of 25
Steve tloeno, 3 01:59
erkk PM Reoorede $0 00
■��� Iilri Nl'4 Pul�h N41{�1,�44�,1�i� eld County, CO
TOL PC T TIV CI It III
Date /Yo 44er ZS., 20 I Z
Date 20
EXHIBIT B - Time Schedule
(ON-SITE) & (OFF -SITE)
Name ofSubdivision, PUDLIIS� RE, NPR: COIOrab �evbnor / n/ia,eFiling/Case ii: 0012- Location: 'g/z CAA/ 9
Intending robe legalty bound, the undersigned Applicant hereby agrees to provide rimughoul dikfacility the following improvements
All improvements shall be completed within I years from the date of approval of the final plat.
Construction of the umprovements listed in Exhibit A shall be completed as follows:
Improvements
(Leave spaces blank where they do not apply)
Time Schedule
Of NS/TE1
(OFFSITE)
Site Grading
/ MOn"HA
Street Grading
Street Bose
Street Paving
Curbs, Gutters, and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention / Detention Ponds
I I
N10nth
Road Culvert
I WI ar�
t. 1
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Sanitary Sewers/Sewage Facilities
Sanitary Sewer Forced Main
Erosion Control Measures/BM P's
',t
Z mon `l1 c
Laterals (house or building connected)
Water Supply and Storage
Water Mains (includes bore)
Fire Hydrants
Survey, Street Monuments/Boxes
Parking Area
Z pYtonft5
Street Lighting
Street Names
Signnge & Pavement Marking
Fencing Requirements
2 MOH t//""
Landscaping
a ,mo.' lit S
Park Improvements
Telephone
Gas
Electric
Water Transfer
Final Completion Date for Entire Protect
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6 01on7rls
3903099 Pages: 24 of 25
01/15/2013 01:59 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder. Weld County, CO
�IIIflAP11,MINC#4EIIII
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: O(7//0'/
Applicant
levttheg—
Title
By:
Applicant
Title
es: 25 of 25
3903099/2Moreno,01 :59gPMerk d R Fetlee$0.00tl County, CO
VIII p111,11/201/11,1V Atilt NA thit IICUihi IN l It III
Date NoVtr^4ef 26 20 I2.
Date , 20
RECEIVED
DEC 13 ?D1?
Weld County Planning Department
REVOCABLE STANDBY LETTER OF CREDIT NO.0069 FOR1EELEY OFFICE
CACHEBANMpy��lt�Tnv rnl NTY COMMISSIONERS OF WELD COUNTY, COLORADO
dy C
Amount: $60,506.00 cN4.ed,_11a
$ ‘es Q to
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ac
Beneficiary: e, etc. der 4t 4'e
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO sec' eats < d c ees
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8i?c
Oe ed
p ;et o1J,
Issuance
Date: 11-30-2012
1150 "0" Street
Greeley, Colorado 80631
Applicant:
Colorado Outdoor Storage, LLC
9249 S. Broadway #418
Littleton CO 80129
Attn: Clerk to the Board:
t
We hereby establish at the request and for the account of Colorado Outdoor Storage, LLC, in
your favor as Beneficiary, our Irrevocable Letter of Credit No. 0069 in the amount of Sixty
thousand five hundred six and No/I00, US Dollars, ($60,506.00). As more fully described
below, effective immediately and expiring at the close of banking business on November 30,
2013 our office located at 4601 W. 20th St., Greeley, CO 80634.
This Irrevocable Letter of Credit is issued as collateral to the Beneficiary as required under the
Improvements Agreement According to policy Regarding Collateral For Improvements
Seltzer/Colorado Outdoor Storage-UR12-0022 (hereinafter referred to as "Improvements
Agreement").by and between the Board of County Commissioners of Weld County, Colorado
and Colorado Outdoor Storage, LLC for the assurance of the completion of construction and the
maintenance of the public and private infrastructure as outlined in the Improvements Agreement,
and in connection with any building permit issued to Colorado Outdoor Storage, LLC for the
property located at (Vacant Land -See Attached Legal Description) and hereinafter referred to as
"Development Project".
Funds under this Letter of Credit are available to you tor one or more drawings prior to the close
of business on November 30, 2013, against sight drafts in as aggregate cumulative amount not to
exceed $60,506.00, dated the date of presentment, drawn on our office referred to above,
referring thereon to the number of this Letter of Credit and accompanied by your written
certificate signed by you and acknowledged as therein provided in the form of Exhibit 1 hereto.
Presentation of such draft and Certificate shall be made at our effice referred to above.
Upon the earlier of
(1) our honoring your draft(s) totaling $60,506.00 in the aggregate presented on or before this
letter of Credit expires pursuant to the terms herein, or
(2) the surrender to us by you of this Letter of Credit for cancellation,
this Letter of Credit shall automatically terminate.
ref
Greeley • 4601 West 20th Street • Greeley, CO 80634 • (970) 351-8600 • Fax (970) 351-7878
www.cachebankandtrust.com
It is understood that the amount of this Letter of Credit may be reduced as public and/or private
improvements are constructed and accepted by Weld County. As components of the
infrastructure are satisfactorily completed in accordance with the terms of the Improvements
Agreement, the amount of this Letter of Credit may be reduced by the value of the completed
component(s), upon execution of a "Request for Amendment to Letter of Credit" in the form
attached hereto as Exhibit 2. Any amendments to the Letter of Credit shall be made in the form
of Exhibit 2 hereto. Weld County may at any time request that the Bank amend this letter of
Credit by submitting to the Bank a fully executed certificate in the form of Exhibit 2. The Bank
may thereafter promptly issue an amendment to the Letter of Credit corresponding to the change
or changes requested on such Certificate.
This Letter of Credit shall be automatically extended without amendments for one year from the
present and for one year from each future expiration date thereof, unless the Issuer delivers
written notice at least ninety (90) days prior to any such expiration date to the Board of County
Commissioners of Weld County, Colorado of its intent not to renew this Letter of Credit. Any
such notice shall be in writing and shall be delivered with an acknowledged receipt, either in
hand, by certified mail, or by overnight courier.
This letter of Credit is not transferable.
Both the Beneficiary and Applicant in this Letter of Credit Acknowledge that through the
Improvements Agreement, Beneficiary reserves the right to require Colorado Outdoor Storage,
LLC to obtain a replacement Letter of Credit from a financial institution other than this Bank in
the event that the rating of this Bank falls below a three star rating.
This Letter of Credit sets forth in full our undertaking, and such undertaking shall not in any way
be modified, amended, amplified or limited by reference to any document, instrument or
agreement referred to herein, except by the Certificate and drafts referred to herein. No reference
to a document, instrument or agreement shall be deemed to incorporate herein by reference such
document, instrument or agreement, except for references to such Certificate and draft(s).
This letter of Credit shall be subject to the Uniform Commercial Code as in effect in the State of
Colorado and to the extent not inconsistent with the terms of this Letter of Credit and the
Uniform Commercial Code, the Uniform Customs and Practice for Documentary Credits, 2007
Revision, ICC Publication Number 600.
David A. Thompson
Executive Vice President
Cache Bank & Trust
4601 W. 20th St.
Greeley CO 80634
Tel. No. 970-506-7117
Fax No. 970-506-7113
IRREVOCABLE STANDBY LETTER OF CREDPI' NO. 0069 FOR
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
EXHIBIT 1
CERTIFICATE
The Board of County Commissioners of Weld County, Colorado, hereby certifies as follows with
respect to the certain Irrevocable Letter of Credit Number 0069, dated November 30, 2012
established in favor of the Board of County Commissioners of Weld County, Colorado
(hereinafter referred to as "the Letter of Credit)
(A) He(She) is authorized to execute this Certificate on behalf of the Board of County
Commissioners of Weld County, Colorado;
(B) The Applicant is in default under the terms of the Improvements Agreement
and/or the Development Construction Permit;
(C) The sum of $ , which is the amount of the Draft Presented with
this Certificate is the amount currently due to the Board of County
Commissioners of Weld County, Colorado from ;(Name of
Company)
(D) The amount of the accompanying draft together with all previous draws under the
Letter of Credit do not exceed in the aggregate $60,506.00; and
(E) The Letter of Credit has not expired.
(F) Funds paid pursuant to this Certificate shall be wire transferred to
(Name of County's Bank), according to wire transfer instructions.
In witness whereof, the undersigned has executed this Certificate on behalf of the Board of
County Commissioners of Weld County, Colorado, this day of , 20
BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, COLORADO
BY:
(NAME), Chair
IRREVOCABLE STANDBY LETTER OF CREDIT NO.0069FOR
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
EXHIBIT 2
REQUEST FOR AMENDMENT OR RELEASE OF
LETTER OF CREDIT #0069
The Board of County Commissioners of Weld County, Colorado certifies that the person signing
below is authorize to execute the request for amendment or release of a Letter of Credit on behalf
of the Board of County Commissioners of Weld County, Colorado, and further certifies with
respect to the provisions contained in the Improvements Agreement between the Board of
County Commissioners of Weld County Coiorado, (Beneficiary) and (Name
of Company), (Applicant) the following:
[CHECK APPLICABLE BOXES]
❑ The Letter of Credit is to be reduced to $
❑ The expiration date of the Letter of Credit is revised to be the day of
, 20
❑ Original Letter of Credit shall be released upon receipt of separate Replacement
Maintenance Letter of Credit in the amount of $ (Current
Value).
❑ Release Letter of Credit.
In witness whereof, the undersigned has executed this Certificate on behalf of the Board of
County Commissioners of Weld County, Colorado, this day of , 20 .
BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, COLORADO
BY:
(NAME), Chair
LEGAL DESCRIPTION
LOT D OF RECORDED EXEMPTION NO. 1489-34-3 RE -4482, RECORDED APRIL 5,
2007 AS RECEPTION NO. 3467042, LOCATED IN THE SW1/4 AND W1/2 OF THE
SE1/4 OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M.,
COUNTY OF WELD, STATE OF COLORADO
Cache Bank and Trust
4601 W 20th Street
Greeley, CO 80634
November 28, 2012
Board of County Commissioners of Weld County, Colorado
1150 O Street
Greeley, CO 80631
Colorado Outdoor Storage, LLC (USR 12-0022) is approved by Cache Bank and Trust
for an Irrevocable Letter of Credit in the amount of $60,506 related to the Improvements
Agreement (date to be provided later) regarding the property in Weld County known as
Lot D of Recorded Exemption RE -4482; W2SE4 & part of the SW4 of Section 34,
Township 1 North, Range 67 West of the 6`h P.M., Weld County, Colorado with a subject
address of 312 County Road 19, Brighton, CO 80603.
This is not a commitment, as there are signature requirements that must be obtained and
met and general conditions that must be satisfied before the formal Letter of Credit or
commitment can be issued. The signatures may take between 10 to 14 days.
I can be contacted at 970-506-7117 if you have any questions regarding this letter of
approval.
David Thompson
Executive Vice President
Cache Bank and Trust
Hello