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Home My WebLink About20100877.tiff 9j RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS(ON-SITE ONLY),AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR AMENDED USE BY SPECIAL REVIEW PERMIT #1105- KELLY AND ANNA BERNDT/ GREAT GUNS SPORTING, 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 June 24, 2009, the Weld County Board of Commissioners approved Site Specific Development Plan and Amended Use by Special Review Permit#1105 for Kelly and Anna Berndt, 16058 County Road 96, Nunn, Colorado 80648, for the expansion of a shotgun shooting and sporting club to include rifle and pistol shooting ranges, archery ranges, and outdoor lighting;to move and expand the existing clubhouse(including food service facilities); and add RV parking and hookups, in the A (Agricultural) Zone District on the following described real estate, to-wit: Lot D of Recorded Exemption #4466, located in the NW 1/4/4 of Section 11; and the W1/2 N E 1/4 of Section 11; both in Township 8 North, Range 66 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 Kelly and Anna Berndt/Great Guns Sporting, LLC,with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with check#3331 from Great Guns Sporting, LLC, 16126 County Road 96, Nunn, Colorado 80648, in the amount of$4,250.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said check #3331 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 Kelly and Anna Berndt/Great Guns Sporting, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED that check #3331 from Great Guns Sporting, LLC, 16126 County Road 96, Nunn, Colorado 80648, in the amount of$4,250.00, be and hereby is, accepted. 5 - 3/- IO LII IN! 3693991 05/18/2010 11:58A Weld County, CO 2010-0877 1 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PL1021 IMPROVEMENTS AGREEMENT- KELLY AND ANNA BERNDT I GREAT GUNS SPORTING, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of April, A.D., 2010. BOARD OF COUNTY COMMISSIONERS / JS4WELD COUNTY, COLORADO ATTEST: 15 ise 1<E ugl- Radem er, hair Weld County Clerk to the B r • a1 rbara Kirkmeyer„?ro-Tem / BY: (� �� - =-" > PC—)Dept Clerk he Board Sean P. o 7 vZ J APPRON9D F M: /lA William F. Garcia unt ney EXCUSED David E. Long Date of signature: 5) i3-)1O 111111 11111 111111 111111 13 IIII 1111111 111 11111 HUH 3693991 05/18/2010 11:58A Weld County, CO 2 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2010-0877 PL1021 a MEMORANDUM TO: Clerk to the Board DATE: 4/22/2010 COLORADO FROM: Richard Hastings, Public Works Department SUBJECT: BOCC Agenda Item: Approve Improvements Agreement and Accept Collateral For: Great Guns Sporting LLC—(AmUSR-1105) Request for Approval of Improvements Agreement: The Department of Planning Services and the Department of Public Works received a request from the applicant, Kelly Berndt, requesting that the Board of County Commissioners consider approving the Improvements Agreement for the Shooting Range Facility (AmUSR-1105), located at WCR's 96 and 33,just east of Nunn. Weld County Public Works Department reviewed the above-mentioned signed original document on 4/20/10, and observed the following: • All Public Works related items on Exhibit A—Cost Sheet(ON-SITE), of the Improvements Agreement According To Policy Regarding Collateral For Improvements, have been filled in and are found to be acceptable. At this time, no Planning Services related improvements are related to this facility. Request for Acceptance of Collateral: The Department of Public Works and the Department of Planning Services received a request from the applicant, Kelly Berndt, requesting that the Board of County Commissioners consider accepting collateral in the form of a personal check(ck# 3331) from Wells Fargo Bank,NA in the amount of$4,250.00, as "Project Collateral". 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$4,250.00 for Great Guns Sporting, LLC (AmUSR- 1105). M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\AmUSR-1105 Great Guns Sporting\Improvements Agreement\Approve IA&Accept Collateral(AmUSR-1105)Great Guns Sporting LLC-MEMO.docx 2010-0877 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (ON-SITE ONLY) Great Guns Shooting Range—AmUSR-1105 0 THIS AGREEMENT, made and entered into this a day of AV IL , Oir? by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and Kelly and Anna Bemdt/Great Guns Sporting, 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 #4466, located in the NWI/4 of Section 11; and the Wl/2 NE1/4 of Section 11; both in Township 8 North,Range 66 West of the 6th P.M., Weld County,Colorado hereinafter referred to as "the Property," and WHEREAS, Property Owner has acquired land use permits from County for (a shotgun shooting and sporting club to include rifle and pistol shooting ranges, archery ranges, and outdoor lighting; to move and expand the existing clubhouse (including food service facilities); and add RV parking and hookups) on approximately 80 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 (AmUSR- 1105), and WHEREAS, the Property Owner acknowledges that the issuance of AmUSR-1105 is conditional — ti9 upon Property Owner's performance of the on-site and off-site improvements which are 8 described in this Agreement and depicted in a set of plans provided by Property Owner et (hereinafter referred to as "Plans"), a copy of which is attached to this Agreement and made a mmi • o as part hereof, and BU • WHEREAS, Property Owner acknowledges that it may not engage in any activity related to the dbusinesses described above until said improvements have been completed, and mom•9 p WHEREAS, the parties agree that Property Owner shall not be required to commence work on ythe 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 r o work within the County Right-Of-Way. o o N o NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and o covenants contained herein, the parties hereto promise, covenant and agree as follows: 11-3 r A. Required Off-Site Improvements:Non-Applicable cn CO B. Haul Routes: Non-Applicable • CO M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\AmUSR-1105 Great Guns Sporting\Improvements Agreement Great Guns Sporting(AmUSR-I 105)IA(2-1S-10)Final.docx Page 1 of 9 • p /J • O2e/. 9 -o P77 C. Road Maintenance Requirements:Non-Applicable D. On-Site Improvements: 1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and/or maintain the landscaping and re-seeding of the property where applicable as shown on the accepted Construction Plans and/or USR Plat Map. Specifically, Property Owner shall at its own expense, plant, install and maintain all trees, grass and shrubs and other landscaping and re- seeding where applicable as shown on the accepted Construction Plans and/or USR Plat Map. Additionally, the Property Owner shall install and maintain fencing to screen the property where applicable as indicated on the accepted Construction Plans and/or USR Plat Map. 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 USR. 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 USR. No grading permit will be approved until collateral is posted for the associated improvements and the d 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 cc 0(pod 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 co improvements, as indicated in Section D. 2.0 above shall be completed within the parameters 2 established in Section E. 7.2 and Exhibit B. ME CD o 3 E. General Requirements: 7 -CC" -u? ' 1.0 Engineering Services: Property Owner shall furnish, at its own expense, all — —o engineering services in connection with the design and construction of the improvements shown con the accepted Construction Plans, according to the construction schedule set forth in Exhibit =N "B,"which is attached hereto and incorporated herein by reference. =_- -mo C o cc 1.1 The required engineering services shall be performed by a Professional tr, Engineer and Land Surveyor registered in the State of Colorado, and shall r a, J QOM o M.\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\AmUSR-1105 Great Guns Sporting\Improvements Agreement\Great Guns Sporting(AmUSR-1105)IA(2-18-10)Final.docx Page 2 of 9 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 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. _� d 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, 0 Y 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. ec 3.4 Said USR improvements shall be completed, according to the terms of this � n Agreement, within the construction schedule appearing in Exhibit "B." ma co y' The Board of County Commissioners, at its option, may grant an N extension of the time of completion of items shown on the accepted o construction plans, with associated costs shown on Exhibit "A", upon le o c application of the Property Owner subject to the terms of Section 6 herein. ENO co M�O O cc M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\AmUSR-1105 Great Guns Sporting\Improvements r up Agreement VGreat Guns Sporting(AmUSR-I 105)IA(2-18-10)Final docx Page 3 of 9 Q, rn 4.0 Release of Liability: Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, 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 Is O Y which the improvements detailed herein have been started but not completed according to the schedule shown on Exhibit "B," and may U continue to issue building permits so long as the progress of work on the a-azo USR improvements in that phase of the USR is satisfactory to the County, 2 and all terms of this Agreement have been faithfully kept by Applicant. _ d 6.3 Upon completion of the construction of the required on-site W 4 e improvements, and the filing of a Statement of Substantial Compliance, am o when necessary, by Property Owner's engineer, Property Owner may, as c o set forth in Paragraph D.4.0, request in writing that the County inspect the o improvements and recommend to the Board of County Commissioners o that the improvements be accepted and further that the one-year warranty �p°c period begin. Upon completion of the one-year warranty period, the o,r County Engineer and/or the Weld County Department of Planning 5�o Services shall, upon request of Property Owner, inspect the subject 03 CO 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 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\AmUSR-1105 Great Guns Sporting\Improvements Agreement VGreat Guns Sporting(AmUSR-1 105)IA(2-18-10)Final.docx Page 4 of 9 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 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. 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. 0 7.2 Project Collateral submitted to Weld County to guarantee completion of mmo the improvements identified on the accepted Construction Plans and c further enumerated in the costs listed in Exhibit"A," must be equivalent to o One-Hundred percent (100%) of the value of the improvements as shown mom in this Agreement. Collateral for Off-site improvements mentioned in =" Paragraph A.1.0 of this Agreement that include only improvements imm0 O o 0 d 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 mim iCnO Improvements of this Agreement. Such collateral shall be provided to the T o 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 o County upon the approval of this Agreement by the Board of County —-N o Commissioners. -co • —�o o cc 7.3 Warranty collateral shall be submitted to County and shall be held in total —co by the County for one (1) year following its written acceptance of the mo improvement(s). SOD r-- 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 M.\PLANNING—DEVELOPMENT REVIEW USR-Use by Special Review\AmUSR-1105 Great Guns Sporting\Improvements Agreement Great Guns Sporting(AmUSR-I 105)IA(2-18-10)Final_docx Page 5 of 9 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 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 AmUSR-1105 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 COMMISIIONERS 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 r. subject to the requirements of Weld County Code Section 2-3-30 B.4. The Nos 52 Property Owner shall utilize only a County approved form when obtaining °s a surety bond: (PERFORMANCE BOND FOR BOARD OF COUNTY Iasi; COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of o said form shall be provided to Applicant upon request. ES-U N ••••-2.o 7.7 Collateral may be in the form of a cash deposit made with the Board in an —� 4, amount equivalent to one hundred percent (100%) of the value of the y improvements set forth in the Improvements Agreement. ma 108fro c 7.8 The Board of County Commissioners of Weld County reserves the right to Nso o reject collateral which is deemed inappropriate or insufficient, which may =N o be either as collateral in the form of a letter of credit offered by a banking =°r°o institution which does not have at least a "three star" rating given by -o cc Bauer Financial, or as collateral in the form of a performance bond offered 1D by an insurance company which does not have at least a B+ rating given air o by A.M. Best. The Board further reserves the right to require Property M,o 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 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\AmUSR-1105 Great Guns Sporting\Improvements Agreement\Great Guns Sporting(AmUSR-1105)IA(2-18-10)Final.docx Page 6 of 9 terminate existing collateral until replacement of 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(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 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 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. 9 8.4 The Statements of Substantial Compliance must be accompanied, if o appropriate, by a letter of acceptance of maintenance and responsibility by Zia" cot) the appropriate utility company, special district or town for any utilities. soxt mom"Y 8.5 A letter must be submitted from the appropriate Fire Authority indicating CD the fire hydrants are in place in accordance with the approved plans. The 0, m letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. INNIM¢r'd 8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the os i013"' final Construction Plans. -c o 8.7 Following the submittal of the Statement of Substantial Compliance and $ written recommendation of acceptance of the improvements by the Weld o co o County Department of Planning Services and the Weld County 0 a o pc Department of Public Works, the Property Owner may request release of M▪EM r to the collateral for the project or portion of the project by the Board. This =o action will be taken at a regularly scheduled public meeting of the Board. S F p�rn 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 . M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\AmUSR-1105 Great Guns Sporting\Improvements Agreement\Great Guns Sporting(AmUSR-1 105)IA(2-18-10)Final_docx Page 7 of 9 shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 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 Great Guns Sporting, LLC (AMUSR-1105) 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 — d th 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 = g which County believes constitute the violation. Property Owner shall have fifteen (15) days =3 within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days d 2 have elapsed, County believes in good faith that there has been a violation of the terms of this E Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of in this Agreement. -Lc,o o mow F. Governmental Immunity: No term or condition of this agreement shall be construed or C o interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections =N c or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as =°r°� applicable now or hereafter amended. "'°C o� err -rn —rn�O �t M.\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\AmUSR-1105 Great Guns Sporting Improvements -M o Agreement Great Guns Sporting(AmUSR-1105)IA(2-18-10)Final docx Page 8 of 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PROPERTY OWNER: PROPERTY OWNER: n earef Subscribed and sworn to before me this 2 day of 1k02,4 I , BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ai, aVti� w Douglas/Rademacher Chair Weld County Clerk to the Bo 4.4 at, � APR 2 8 2010 BY: / ..may /.[ Deputy Clerk cthe BoaUkal t r •' <� APPRD • ounty Attorney I 11111111111111111111111IIII IIII1111111 III 111111III It 3693991 05/18/2010 11:58A Weld County, CO 11 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\AmUSR-1105 Great Guns Sporting\Improvements Agreement\Great Guns Sporting(AmUSR-1105)IA(2-18-10)Pinal.docx Page 9 of 9 E XH I B`ITnA -/Cost Shee(©N--SITE) Name of Subdivision,PUD,US)R, RE,SPR: AM IAS2 i(o Filing/Case#: Location: Personnel Contact: Name /SELL`' 8 Ah3Q'T Title 19,.JaJt5-ICS Phone' 7O-3s( Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this facility the following improvement Improvements (a -SITE) (Leave spaces blank where they do no0apply Quantity Units Unit Costs($) Estimated Constructs' Costs' Site Grading Street Grading r 7 SO 7 50 Street Base 3500 35OO Street Paving Entrance Improvementffpr Sec. E.-7.2 Curbs, Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention/Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control Measures/BMP's Laterals (house or building connected) Water Supply and Storage Water Mains (includes bore) Fire Hydrants Survey, Street Monuments/Boxes Parking Area Street Lighting Street Names Signage & Pavement Marking Fencing Requirements Landscaping Park Improvements Telephone Gas 111111111111111111111111 Ell 'III1111111III111111III Electric 3693991 05/18/2010 11:58A Weld County, CO Water Transfer 12 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder SUB-TOTAL: :..x.,, 'r )1 to i. n Yaso Engineering and Supervision Costs$ (Testing, inspection,as-built plans and work in addition to preliminary an�l/final plat;supervision of actual construction by contractors) _! TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ ,�' a5O 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 Date 3// , 20 /0 Title By: ..1 — _ a-P Applicant Qu_r-cr Date Ahi Q._ , 20 IU Title (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) W!!I!L IIIII 111111 'Lill IIIIYJLI!LUE! IIII 511:58A Weld Co1 5 0 R 0.00/18/2010 D 0.00 Steve Moren Recorder M:\AGREEMENTS\Exhibits\Exh A on-site.xls EXHIBIT B -Time Schedule(ON-SITE) & (OFF-SITE) p Name of Subdivision,PUD, S® "�P— /"RE,SPR: ' Filing/Case#: Location: IA(jt"1)-�4`— Intending to be legally bound the undersigned Applicant hereby agrees to provide throughout thisfacility the fallowing improvements. All improvements shall be completed within years from the date of approval of the final plat. Construction of the umprovements listed in Exhibit A shall be completed as follows: Improvements Time Schedule • (Leave spaces blank where they do not apply) ON (OFF-S/TEI Site Grading Street Grading p 2r/O Street Base _ ! C 0t�./to Street Paving Curbs,Gutters,and Culverts Sidewalk Stormwater/Drainage Facilities Retention/Detention Ponds Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control Measures/BMP's Laterals(house or building connected) Water Supply and Storage Water Mains(includes bore) Fire Hydrants Survey,Street Monuments/Boxes Parking Area Street Lighting Street Names Signage&Pavement Marking Fencing Requirements Landscaping Park Improvements Telephone Gas Electric Water Transfer 111111 11111 111111 111111 llll 1111 1111111 111 111111 111 I'll Final Completion Date for Entire Project 3693991 05/18/2010 11:58A 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. Applicant _Oct)0 Date 37/ 41 , 20 /O Title By: _ flr c Applicant Date - 1 , 20 ICI Title (If corporation, to be signed by President and attested to by Secretary,together with corporate seal.) HID 11111 1111 Ell IIII 1111111 HIM III IIII 3693991 05/18/2010 11:58A Weld County, CO 15 of 15 R 0.00 D 0.00 Steve Moreno Clerk& Recorder M:\AGREEMENTS\Exhibits\Exh B Time Schedule.xls - GREAT GUNS SPORTING LLC 3 3 31 KELLY BERNDT PH. (970)897-2277 16126 WCR 96 23-7-1020 NUNN, CO 80664`8 , 1 Date 36x7/.20/0 u order of Pay to the DEGi �Gtarri Aid(-2C A.&cs I $ 7ot5O— =m foul[ 7 tfo4(6112.30 7-./0 Mac ' FrF7t /96`)a 8 a :SELLS FARGO BANK, N.A. COLORADO WELLSFARGO.COM For Hello