HomeMy WebLinkAbout20100405 A60 RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS(ON-SITE ONLY),AUTHORIZE CHAIR TO SIGN,
AND ACCEPT COLLATERAL FOR SITE PLAN REVIEW, SPR#432 - FLATIRON
CONSTRUCTORS, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on November 30, 2009, the Department of Planning Services staff approved
Site Plan Review, SPR#432, for Flatiron Constructors, Inc., 100901-25 Frontage Road, Longmont,
Colorado, 80504, c/o Ware Malcomb, 6251 Greenwood Plaza Boulevard, Building 6, Suite 100,
Greenwood Village, Colorado 80111, for an office building on the following described real estate,
to-wit:
Lots 3 and 4, Flatiron II PUD, 2nd Filing, also being
part of the W1/2 SW1/4 of Section 11, Township 2
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 Flatiron Constructors, Inc.,with terms and conditions being as
stated in said agreement, and
WHEREAS, the Board has been presented with Performance Bond #105375707 from
Travelers Casualty and Surety Company of America, One Tower Square, Hartford, Connecticut
06183, in the amount of$489,810.50, 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 Flatiron Constructors, Inc., be,and hereby is,
approved.
BE IT FURTHER RESOLVED that Performance Bond#105375707 from Travelers Casualty
and Surety Company of America, One Tower Square, Hartford, Connecticut 06183, in the amount of
$489,810.50, be and hereby is, accepted.
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2010-0405
C PL2050
IMPROVEMENTS AGREEMENT - FLATIRON CONSTRUCTORS, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 24th day of February, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: •,� lA '—k ��%< </csell✓
tDoyglas Rademacher, Chair
Weld County Clerk tot .: •e:4 y
-441 tiZ _,L
1, -Barbara Kirkmeyer, to-Tem
BY:
Deputy Clerk to the Bo EXCUSED
��•r� Sean P. way
APP D AS M: , v r
William F. Garcia
ounty Attorney EXCUSED
David E. Long
Date of signature: 3/i
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2010-0405
PL2050
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (ON-SITE ONLY)
Flatiron Constructors—SPR-432
THIS AGREEMENT, made and entered into this ,9'4 " day of'Po be•,c .j ,;2c o,
by and between the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter called "County," and Flatiron Constructors, Inc., hereinafter called
"Property Owner."
WITNESSETH:
WHEREAS, Property Owner is the owner of, the following described property in the
County of Weld, Colorado:
Replat of Lots 3 &4, Flatiron II PUD, "Lot 1, First Amendment, Flatiron II PUD"; located
in Part of the West Half, Southwest Quarter of Section 11, T2N,
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 an Office Building
on approximately 2.86 acres on the above described real property, and the County is currently in
the process of considering an Site Plan Review for the Property (SPR-432), and
WHEREAS,the Property Owner acknowledges that the issuance of SPR-432 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 a set of plans provided by Property Owner (hereinafter
referred to as "Plans"), a copy of which is attached to this Agreement and made a part hereof,
and
WHEREAS, Property Owner acknowledges that it may not engage in any activity related to the
businesses described above until said improvements have been completed, and
WHEREAS, the parties agree that Property Owner shall not be required to commence work on
the on-site improvements, nor to provide collateral for said improvements until Property Owner
submits an application for grading or for a Right-Of-Way permit for construction of accesses and
work within the County Right-Of-Way.
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
B. Haul Routes: Non-Applicable
C. Road Maintenance Requirements: Non-Applicable
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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 site plan drawings. 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 site plan drawings.
Additionally, the Property Owner shall install and maintain fencing to screen the property where
applicable as indicated on the accepted Construction Plans and/or site plan drawings. Some of
these improvements may include work extending into State or County Right-Of-Way in which
case a Right-Of-Way permit is required.
2.0 On-Site Grading, Drainage Facilities, and Paving: Property Owner shall, at its
own expense, grade and/or pave specified roadways, accesses and parking areas, and install
accepted drainage facilities, 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. 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.
Additional infrastructure improvements will be addressed at the time of application for any
future amended SPR. 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) access permit is required.
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 or an amendment to the existing SPR. No grading
permit will be approved 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 Planning and Public
Works Departments. At that time, 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.
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.
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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 its own expense, 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 shown on the accepted Construction Plans, and 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 improvements interior to the Property 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 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.
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 shall be removed and replaced to the
satisfaction of the County at Property Owner's expense.
3.4 Said 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, with
associated costs shown on Exhibit "A", upon application of the Property
Owner subject to the terms of Section 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
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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,
and shall operate in strict accordance with the laws and regulations of the State of Colorado
governing occupational safety and health.
5.0 Warranty of On-Site Improvements: Property Owner shall warranty all
improvements to public rights-of-way, including 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 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
constitute an acceptance of said portions.
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
SPR improvements in that phase of the SPR 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
reinspect 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
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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 SPR, 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
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; (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
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 mentioned in
Paragraph A.1.0 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. Such collateral shall be provided to the
County on the dates set forth herein and shall be held in total until all
improvements have been completed. This collateral must be submitted to
County upon the approval of this Agreement by the Board of County
Commissioners.
7.3 Warranty collateral 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 Acceptable collateral shall be submitted prior to commencement of Site
Preparation, as herein defined. 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 value of the improvements to be completed, and the
development plans are revised to comply with all current County
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standards, policies and regulations. The improvements shall be completed
within the time schedule set forth in Exhibit "B" hereto. If improvements
are not completed within these time frames, the County, at its discretion,
may make demand on all or a portion of the collateral and take steps to see
that the improvements are made. "Site Preparation" shall mean earthwork
grading or performance of work, or construction or installation of
improvements related to Applicant's planned operations pursuant to SPR-
432 that require a grading or building permit from the County pursuant to
the Weld County Code.
7.5 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; 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.
7.6 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.
7.7 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.
7.8 The Board of County Commissioners of Weld County 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 of collateral has been
secured.
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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(hereinafter"Engineer"), 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 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 "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 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 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
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 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 excluding improvements fully accepted for
maintenance by the responsible governmental entity, special district or
utility company.
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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.
9.0 Successors and Assigns: Except as specified below, this Agreement may not be
delegated or assigned in whole or in part by either party hereto without the express written
consent of the other party 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. Notwithstanding the previous two sentences, the obligations to improve and maintain
the improvements outlined in this Agreement may be delegated to a purchaser of a portion or all
of the Property or business operation conducted thereon, provided further that County's consent
to such does not relieve Flatiron Constructors, Inc., (SPR-432) of any obligations under this
Agreement. Notwithstanding any other provisions of this Agreement or of this paragraph,
County may delegate or assign its rights and obligations under this Agreement without the
consent of Property Owner (or its assigns, delegates or successors in interest) to another
governmental entity which by annexation or agreement has assumed jurisdiction over the roads
affected by this Agreement. This Agreement shall be binding upon the heirs, executors, personal
representatives, successors and assigns of the 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.
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-l0-101 et seq., as
applicable now or hereafter amended.
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a --— — — — i
MARY MANSHEL
Notary Public
State of Colorado
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on thv,day and year first above written.
4'",0;•"'"'"""••;; PROPERTY
OWNER:
Subsc and sworn to before me this Tim day ofR.hrkay(i am.
-, �
�
� BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
My Commission Expires
ATTEST: 1O!02/201C
i �,�: ELL,
1 ou, as Rade i acher, Chair
Weld County Clerk to the !ar, tr
18 I k&\I29� FEB 2 4 2010
r ° �r
is
BY: ���Ziii_� '.�j!,. il% >
Deputy Clerk i the Board - t r "�
APPROVO AS TO .
u y orney
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EXHIBIT A- Cost Sheet (ON-SITE)
Name of Subdivision,PUD,USR,RE,SPR: SPR-432 Filing/Case 4: SPR-432 Location: E.1-25 Frontage Road
Personnel Contact:Name Brad Amy Title Project Manager Phone 303-485-4050
Intending to be legally bound the undersigned Applicant hereby agrees to provide throughout this facility the following improvements
Improvements (ON-SITE)
(Leave spaces blank where they do not apply)
Ouantity Units Unit Costs($1 Estimated
Construction Cost t1
Site Grading I LS $ 150,000.00 $ 150,000.00
Street Grading 1 LS $ 3,000.00 $ 3,000.00
Street Base $ -
Street Paving 1800 SY $ 17.00 $ 30,600.00
Entrance Improvements(Per Sec. E.-7.2) $ -
Curbs,Gutters,and Culverts 2885 LF $ 9.30 $ 26,830.50
Sidewalk 5600 SF $ 2.80 $ 15,680.00
Stormwater/Drainage Facilities I LS $ 22,000.00 $ 22,000.00
Retention/Detention Ponds I LS $ 5,000.00 $ 5,000.00
Road Culvert $ -
Grass Lined Swale $ -
Ditch Improvements $ -
Subsurface Drainage I LS $ 14,000.00 $ 14,000.00
Sanitary Sewers/Sewage Facilities I LS $ 3,000.00 $ 3,000.00
Sanitary Sewer Forced Main $ -
Erosion Control Measures/BMP's 1 LS $ 4,000.00 $ 4,000.00
Laterals(house or building connected) 1 LS $ 11,000.00 $ 11,000.00
Water Supply and Storage $ -
Water Mains(includes bore) $ -
Fire Hydrants 1 EA $ 2,400.00 $ 2,400.00
Survey,Street Monuments/Boxes 1 LS $ 5,000.00 $ 5,000.00
Parking Area 6000 SY $ 13.00 $ 78,000.00
Street Lighting 7 EA $ 2,500.00 $ 17,500,00
Street Names $ -
Siguage&Pavement Marking I LS $ 6,800.00 $ 6,800.00
Fencing Requirements $ -
Landscaping I LS $ 50,000.00 $ 50,000.00
Park Improvements $ -
Telephone $ -
Gas $ -
Electric $ -
Water Transfer $ -
SUB-TOTAL: $ 444,810.50
Engineering and Supervision Costs$ 45,000
(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 $ 489,810.50
1111111 11111 111111 Iii1 1111111 VIII VII1 111 111111 111 IIII
3679160 03/04/2010 11:52A Weld County, CO
12 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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
Applicant
(Drees: CEO Date 2 -17 ,20(o
Title
By:
.oko�r4.PP r,n[
`'‘. ......... KSOga -§ess /Date (2- —// ,20 �D
: t113itle-., c ,
• 1 �o
r c
' '(tfsga plorat!'on,to be signed by President and attested to by Secretary,together with corporate seal.)
1 111111 11111 111111 1111111111111111111111111111111111111
3679160 03/04/2010 11:52A Weld County, CO
13 of 15 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
C:\Documents and Settings\Iprendergast\Desktop\Jobsite Documents\Flatiron\Permitting\Exh A on-site
EXHIBIT B -Time Schedule (ON-SITE) & (OFF-SITE)
Name of Subdivision,PUD,USR,RE,SPR: SPR-432 Filing/Case#: SPR-432 Location: E.1-25 Frontage Road
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this facility the following improvements.
All improvements shall be completed within 1 year(s)from the date of approval of the final plat.
Construction of the improvements listed in Exhibit A shall be completed as follows:
Improvements Time Schedule
(Leave spaces blank where they do not apply) O( N-SITE) (OFF-S/TE]
Site Grading 12.31.10
Street Grading 12.31.10
Street Base
Street Paving 12.31.10
Curbs,Gutters,and Culverts 12.31.10
Sidewalk 12.31.10
Stormwater/Drainage Facilities 12.31.10
Retention/Detention Ponds 12.31.10
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage 12.31.10
Sanitary Sewers/Sewage Facilities 12.31.10
Sanitary Sewer Forced Main
Erosion Control Measures/BMP's 12.31.10
Laterals(house or building connected) 12.31.10
Water Supply and Storage
Water Mains(includes bore)
Fire Hydrants 12.31.10
Survey,Street Monuments/Boxes 12.31.10
Parking Area 12.31.10
Street Lighting 1231.10
Street Names
Signage&Pavement Marking 12.31.10
Fencing Requirements
Landscaping 12.31.10
Park Improvements
Telephone
Gas
Electric
Water Transfer
Final Completion Date for Entire Proiect 12.31.10
1 111111 11111 111111 Milli 11111 11111 III 111111 III IIII
3679160 03/04/2010 11:52A Weld County, CO
14 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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:
Applicant //00
r� l_.ttl�...�' Date Z— l-1 ,20 I
Title
By: `
et)�c-v'i'i i� -t=i y Date rx6 // ,20
ink a Co i
1 1 , _
aril 6�0
r
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
1 ILO 11111 111111 1111111 "till HRH HMI
3679160 03/04/2010 11:52A Weld County, CO
15 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
C:\Documents and Settings\Iprendergast\Desktop\Jobsite Documents\Flatiron\Permitting\Exh B Time Schedule
Letter of Transmittal
Date: Job No. FLATIRON
Feb. 18th 2010 SPR-
432
Re: Re: SPR-432 Improvement Agreement
Attn: Lin Dodge
Weld County Planning Dept.
918 10th Street
Greeley Coloardo 80631
To Whom It May Concern:
WE ARE SENDING YOU THE FOLLOWING ITEMS
['Attached ['Under separate cover
['Shop Drawings ['Prints ❑Plans ❑Samples ❑Specifications
['Copy of Drawings ❑Change order ®OTHER—Improvements Agreement w/ Bonds
COPIES DATE NO. DESCRIPTION
1 Feb. 17th 2010 Improvements Agreement with Bond
THESE ITEMS LISTED ABOVE ARE TRANSMITTED AS CHECKED BELOW:
®For approval ❑Approved as submitted ['Resubmit copies for approval
❑For your use ['Approved as noted ['Submit copies for distribution
DAs requested ❑Returned for corrections ❑Return corrected prints
❑For review and comment ❑
❑FOR BIDS DUE ['PRINTS RETURNED AFTER LOAN TO US
Weld County Reciept Signature:
REMARKS:
DATE:
COPY TO: SIGNED: .�
gn4OLE j R. to
If enclosures are not as noted,kindly notify us at once.
•
4%,
Executed in Four Counterparts Bond No. 105375707
PERFORMANCE BOND FOR
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
KNOW ALL PERSONS BY THESE PRESENTS, that
(name) Flatiron Constructors,Inc. , (address) 1�00�7„��t 2Rt �e Rd•a (corporation,
limited liability company, etc. ) Corporation , organized under the laws
of the State of Delaware , with its principal office located at
(address) 10090°n4r'n n5 Goad , hereinafter called "Principal", and (name
of surety) Travelers Casualty', of (address of surety) One Tower Sq., Hartford,CT 06183
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 ** Dollars ($*'* ) , lawful money of the United States for the
payment of which well and truly made, we bind ourselves, our heirs,
administrators, successors and assigns, jointly and severally, firmly
by these presents. 'And Surety Company of America
**Four Hundred Eighty Nine Thousand Eight Hundred Ten and 50/100 Dollars
WHEREAS, the above-bound 8 Principal has obtained or is about to
obtain from the Obligee a land use permit, namely (insert the specific
permit and number - USR, SPA etc) SPRd32 , and pursuant
to the requirements of said permit, has entered into an Improvements
Agreement, dated , with Obligee, and
WHEREAS, The Improvements Agreement requires Principal to obtain
a performance bond in an amount equal to the total cost of the
improvements for which Principal is responsible and naming Obligee as
beneficiary, and
WHEREAS, the value of improvements for which Principal is
responsible equals Four Hundred Eighty 7***($***** ) ***Nine Thousand Eight Hundred Ten and 50/100 Dollars
*****$489,810.50
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 fully 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 Obligee 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
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 is NONCANCELLABLE, and 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.
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 12th
day of February, Rgid3X 2010.
Flatiron Constructors, Inc.
Principal
By:Prin ipa . Secretary/Witness Tit)4,_(>1.tr\frc
';Jee //may
(SEAL) ""
(INSURANCE COMPANY NAME)
Traveler. a alty and S Corn any of America
Witne s as to Surety Mary R. M e , Attorney-in-Fact
Sherryanne DePirro
300 Tice Blvd., Suite 250 North 300 Tice Blvd., Suite 250 North
Address Address
Woodcliff Lake, NJ 07677 Woodcliff Lake, NJ 07677
Address 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.
CORPORATE ACKNOWLEDGMENT
Form 152
STATE OF Cobr
COUNTY OF LOQICII
On this
s�Il-n day of bf1cQ,c , 2010, before me personally
came �O t brlpi to me known,who, being by me
duly sworn, did depose and say that she/he 410 resides in ICl�I( ) Co(0(0
that she/he is the\Jt&, P( S dy-1 he't of the
9611Mn CA-1(O61O(s Inc .
the corporation described in and which executed the above instrument that she/he knows
the seal of said corporation; that the seal affixed to said instrument is such corporate seal;
that it was so affixed by order of the Board of Directors of said corporation, and that
she/he signed her/his name thereto by like order.
MARY MANSHEL
Notary Public (t
(SEAL) State of Colorado
Orn23ioc:;spires
I()02/2.01('
CORPORATE ACKNOWLEDGMENT
Form 152
STATE OF NEW JERSEY
COUNTY OF BERGEN
On this 12th day of February , 2010, before me personally
came Mary R. McKee to me known, who, being by me duly sworn, did depose
and say that she/he resides Saddle Brook, NJ that she/he is the Attorney-In-Fact of
Travelers Casualty and Surety Company of America _the corporation described in
and which executed the above instrument that she/he knows the seal of said corporation;
that the seal affixed to said instrument is such corporate seal; that it was so affixed by
order of the Board of Directors of said corporation, and that she/he signed her/his name
thereto by like order.
(SEAL)
SHERRYANNE DEPIRR0
A NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES 2/10/2012
i itsz irOPI.OU'TQf i11MI eSit.3
,FNANGSWATSEENTPaOF tBEGS�33t�c 31,2EVAI
C+'PIT hL_ i J tiit,ODO
ASSETS - __ - J18Ri1T{-$la.
OAST!.a Oita`a_19 CA&i S 45=.'tT. 9,773 WrZAA€3 PREMIUMS 4 8 -,ni?
BONDS 3,4552,93,317 'WSSS_ E+'22.951-B:J
STACK - 7,5SS € :CSS T+If:15411B33frr.leiSES ?S rn S2
9 53 laic #ccaI.tc,t3 .A .RUED 5S@:19.631 r. t �IEV1s_ . sTP55
R RF�JM.aN M E• S 300,E#96 t s.44C SES AND r=r—.S ??-41,.'4013
F4EtbE TAXASS a'3GT3,223 otte tiel9SES :?',247 64
REins& CEu"€LSA°t7L48LZ 12,425,353 r'tJC3s'H 341Mfr aNSURAhCF_#+RSWee5
011. 9 Ass_ra 135X5;430 dTi2PaTT- . ? ₹?LA'NDFO} TA•4 NODUE TAKES 1x;353,3&?
' T. `�1be'FS:Aa131'I<MfS NDTtATED -°3
#hTSS+ilt Yt7781'ELD/R TAB€55iYCvli 'AFLY FQR:D r9ERS S $4$9
?.ETROA''CTVEJ EERSt3RANCEREST" tc fi.P97.1r44
$D1Cf10-0E.R Sil-Ef DS -305,•
1 1
iy1'ttE4SpfE(F13AR.jNSLIRAROE :lac •itas
CE'}+.E3#?^_AS' 2A#CE KT'PFtailI.4S'PAYABLE ;N.
QTT Ac RUED - 1 SES.N333 la- I t:3Z7,
TtFMLIANUTIES n--,354-,2612S3
CA,PIt.L amrat $ S"
PA1�7ftSJPAPS 3OZ29i79.2
OT_ift�t SSRP'WS 'x.425,t 945
TOTAL SUAP1U5 TO PC!C-19-1— 3 S 1734,976;313
TOTAL tS 3-43395243.?Z- -itT.'O1 Lr`3PJf S SURF IS 1-4-x143, 2
STATE a::CGfaECT�+3T )
COnUK Y'Gi'Ifl:2D )BS,
k:3 gt -EAF a*OULYSWO 44, .YS rriATBE Tif3_HE F Ta4c))Aa OFBCER-T.isA;z' r.SBDIM7*B F:R.ticv PflsUCTg
G tTRAVE.E'^3 On5`J3LiYA.T 'S�3ar. COM`3A.YYOF F3AS..IC ARD THAT TO ME BEST Cf F4.S K;'3OS La-GEAND SS;ThE FO+REG kG
r5 Ai'iE st CORRECT STAnErfbiz Tir--- 'A.}A2^.Fi xh;1DriG117F=Sc.L CCW,A;;Pf AS OF Trit 3istpAY 07, ms_4.,_esi&.
Ck, _ Ili I
17thDAYa=A' K13 =sj
MARE C.hf;T 'AtLT
f
tiF
• WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
ate, POWER OF ATTORNEY
TRAVELERSJ Farmington Casualty Company St.Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
Attorney-In Fact No. 219813 Certificate No. 0 0 3 0 8 5 7 2 9
KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul
Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and
Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that
the Companies do hereby make,constitute and appoint
Sandra K.Wolf,Alice McLaughlin,Mary R.McKee,and Sherryanne M.DePirro
of the City of Woodcliff Lake ,State of New Jersey ,their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
•
• 16th
IN WITNESSS.WHEREOF,the Comppnhej have caused this instrument.to be signed and their corporate seals to be hereto affixed,this
day of AA ,ZZODUU
Farmington Casualty Company St.Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
p46U�rY •* S@ ® ET::
CCP ,/ar AJJa ayoe r2��yY('fll L �ytaf� O` tt � 9 ,�`°3p' �6 0 a • _""'rj. i wxvoo<,f'� aunraao' 3 N. _.:°.34".FCN�e , AL//orASEALle >� c0NN o ( ®F"1 . f V' 1�
State of Connecticut By:
City of Hartford ss. Georg Thompson, nior tee President
16th April 2008
On this the day of , before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,
Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers
Casualty and Surety Company,Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he,as such,being
authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
G,TE7
In Witness Whereof,I hereunto set my hand and official seal. ' . 'TAR \W w� 1. • i�
My Commission expires the 30th day of June,2011. P'DMA } Marie C.Tetreault,Notary Public
'441 CICI
58440-5-07 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER .
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,
St.Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of
America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows:
RESOLVED,that the Chairman, the President, any Vice Chairman,any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice
President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the
Company in the future with respect to any bond or understanding to which it is attached.
I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance
Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance
Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company-gf America,-and United States Fidelity and Guaranty Company do hereby
certify that the above and foregoing is a true and correct copy of the Power of Attorney-executed by said-Companies,which is in full force and effect and has not been
revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Cgtnpanies this 12th day of February ,20 10.
111
Kori M.Iohans Assistant Secretary
Ghau.r6 t ""•,,•u s,_ „ a ' 9�, JhSG� Jqi Lggy J 3,9
.si.160 L 1/WrIY ��V��•r'r't�q'
1983 0� s c
19$1 1 81188178410 f927y ' 'wa. ;: `: EA}4. Iti\saLy:�lu wow+. ; R Gd r. 1.N , 4-ocNer,`- s1/4.,,, -ii 1x'16! 't;"';"*.., ♦r 044 \!
To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the
above-named individuals and the details of the bond to which the power is attached.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
Donna Bechler
From: Amy, Brad [BAMY@flatironcorp.com]
Sent: Thursday, February 11, 2010 7:34 AM
To: Kim Ogle; Richard Hastings
Cc: Trevor Jiricek; David Bauer; Clayton D. Kimmi; Stephanie Arries; Donna Bechler
Subject: RE: Clarifications to Improvements Agreement Section F.1.1
Kim,
Thanks for the information, but it will take time to get the paperwork
finalized and collateral in hand. I am hoping to turn it in next Tuesday
or Wednesday.
I will keep you all posted as to our progress on this.
Thank you for your assistance.
Regards,
Bradley R. Amy
Project Manager
Flatiron
10090 East I-25 Frontage Road
Longmont, CO 80504
303-485-4050 PHONE
303-776-0072 FAX
303-882-0014 CELL
www.flatironcorp.com
Build the Best. Be the Best.
Original Message
From: Kim Ogle [mailto:kogle@co.weld.co.us]
Sent: Wednesday, February 10, 2010 4:59 PM
To: Amy, Brad; Richard Hastings
Cc: Trevor Jiricek; David Bauer; Clayton D. Kimmi; Stephanie Arries;
Donna Bechler
Subject: RE: Clarifications to Improvements Agreement Section F.1.1
Brad
In follow-up to the Improvements Agreement for the project, If you are
able to obtain collateral and provide a signed improvements agreement to
this office prior to 445P on Friday, I believe that we can arrange to
place this item on the Board's agenda for acceptance at the Wednesday
February 17 Business Meeting. Thank you. Kim
Kim Ogle
Weld County Planning Services - Greeley Office
918 Tenth Street I Greeley CO 80631 I kogleOco.weld.co.us
T: 970.356.4000 x 3549 F: 970 304 6498 I C: 970.302.2875
1
Original Message
From: Amy, Brad [mailto:BAMY@flatironcorp.com]
Sent: Wednesday, February 10, 2010 3:28 PM
To: Richard Hastings
Cc: Trevor Jiricek; David Bauer; Clayton D. Kimmi; Kim Ogle; Stephanie
Arries
Subject: RE: Clarifications to Improvements Agreement Section F.1.1
Richard,
Yes, your comments back and willingness to remove that section from the
agreement addresses our question/concerns.
Thank you for your cooperation in this matter. Flatiron is proceeding as
quickly as possible to finalize our review of the agreement and acquire
the needed collateral.
Respectfully,
Bradley R. Amy
Project Manager
Flatiron
10090 East 1-25 Frontage Road
Longmont, CO 80504
303-485-4050 PHONE
303-776-0072 FAX
303-882-0014 CELL
www.flatironcorp.com
Build the Best. Be the Best.
Original Message
From: Richard Hastings [mailto:rhastings@co.weld.co.us]
Sent: Wednesday, February 10, 2010 2:37 PM
To: Amy, Brad
Cc: Trevor Jiricek; David Bauer; Clayton D. Kimmi; Kim Ogle; Stephanie
Arries
Subject: RE: Clarifications to Improvements Agreement Section F.1.1
Brad,
Upon review of your inquiry with Weld County Legal staff, Section F.
Termination of Agreement has been removed from Flatiron Constructors
(SPR-432)Improvements Agreement. Section G. Governmental Immunity now
becomes Section F. Please find attached, an updated version of the
agreement with the afore-mentioned revision embedded.
2
Let me know if that revision addresses your questions found within your
email from below.
Thanks,
Rich Hastings
Weld County Public Works/Engineering Dept.
1111 H Street (Site Address)
P.O. Box 758 (Mailing Address)
Greeley, CO 80632-0758
Office:(970) 304-6496 EXT. 3727
Cell: (970) 381-3767
rhastings@co.weld.co.us
Original Message
From: Amy, Brad [mailto:BAMY -flatironcorp.com]
Sent: Wednesday, February 10, 2010 1:22 PM
To: Richard Hastings
Cc: Trevor Jiricek; David Bauer; Clayton D. Kimmi; Kim Ogle; Stephanie
Arries
Subject: Re: Clarifications to Improvements Agreement Section F.1.1
Importance: High
Richard,
I do not know if you can answer these questions for me, so that is why I
have copied this email to the others above.
In Section F.1.1 Cessation of all Permitted Related Activities, on page
8 & 9 of 11 (see attached) - The section discusses "termination of this
agreement shall not occur until County has determined that the Use by
Special review is inactive, which shall be 3 years following County's
observance of the cessation of activities. . ."
1. What is meant by Use by Special Review is inactive?
2. Who's the Operator?
3. What activities are you describing here that are to stop?
4. Is there a 3 year duration from keeping this agreement active. I
3
thought this agreement ended after the 1-year warranty period. Please
clarity.
5. Overall - What is this entire paragraph trying to say?
6. Does this section even apply to our agreement and needs?
7. If this section does not apply - should it not be deleted from
the agreement all together then?
I would appreciate your clarifications here.
Thanks,
Bradley R. Amy
Project Manager
Flatiron
10090 East I-25 Frontage Road
Longmont, CO 80504
303-485-4050 PHONE
303-776-0072 FAX
303-882-0014 CELL
www.flatironcorp.com <blocked: :http://www.flatironcorp.com/>
Build the Best. Be the Best.
4
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