HomeMy WebLinkAbout20091029RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE
CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR SITE PLAN REVIEW, SPR #417 -
LUCKY STARS CAR WASH, LLC, C/O PAUL GONZALES, JR.
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 March 24, 2008, the Department of Planning Services approved Site Plan
Review, SPR #417, for Frontier Companies, LLC, c/o Wendell Pickett, 1700 Kylie Drive, Suite 240,
Longmont, Colorado 80504, for an indoor shooting range including retail, sales, and a safety
training facility on the following described real estate, to -wit:
Lots 8 and 9, Block 2, Western Dairymen
Cooperative Subdivision; being part of the NE1/4 of
Section 10, 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 (Private
Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Lucky Stars Car Wash, LLC, c/o Paul Gonzales, Jr.,
3575 Stage Coach Road, Longmont, Colorado 80504, with terms and conditions being as stated
in said agreement, and
WHEREAS, the Board has been presented with Irrevocable Letter of Credit No. 045 from
AmFirst Bank, N.A., 5201 South Yosemite Street, Suite 100, Greenwood Village, Colorado 80111,
in the amount of $68,844.65, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Irrevocable Letter of Credit 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 (Private Road Maintenance) between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and Lucky Stars Car Wash, LLC, c/o
Paul Gonzales, Jr., be, and hereby is, approved.
2009-1029
n PL2016
�7r L li-G1 /9"_ 0 s/07
IMPROVEMENTS AGREEMENT - LUCKY STARS CAR WASH, LLC, C/O PAUL GONZALES,
JR.
PAGE 2
BE IT FURTHER RESOLVED that Irrevocable Letter of Credit No. 045 from AmFirst Bank,
N.A., 916 South Main Street, Suite 100, Longmont, Colorado 80501, in the amount of $68,844.65,
be and hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 29th day of April, A.D., 2009.
BOARD OF CO TY COMMISSIONERS
WELD COU Y COLORADO
ATTEST:
Weld County Clerk to
BY:
APP
ounty Attorney
Deputy Clerk o the Board
Date of signature �Oao9
William F. Garcia, Chair
Dougla
t vn4 d 1,P% -
R
adema lter, Pro-Tem
Sean P. Conway
a Kirkmeyer
fl 1
David E. Long
2009-1029
PL2016
( t
ECOLORADO
MEMORANDUM
TO: Board of County Commissioners
FROM: Jacqueline Hatch-Drouillard
SUBJECT: Site Plan Review 417
April 23, 2009
The Department of Planning Services has received an Irrevocable Standby Letter of Credit for
the Private Improvements Agreement for SPR-417.
The collateral for the Improvements Agreement is in the amount of sixty eight thousand eight
hundred and forty four dollars and sixty five cents ($68,844.65) for improvements to the site.
After review of the collateral by the Department of Planning Services and the Department of
Public Works, it has been determined that the amount of the agreement will be sufficient to
complete the work required for SPR-417, and the Department of Planning Services
recommends acceptance of this collateral.
2009-1029
Jacqueline Hatch
From:
Sent:
To:
Subject:
Jacqueline,
David Snyder
Monday, August 25, 2008 2:19 PM
Jacqueline Hatch
RE: SPR-417 Trigger Time
The improvements agreement submitted appears acceptable to Public Works.
David Snyder, E.I.
Engineer
Weld County Public Works Department
P. O. Box 758
Greeley, CO 80632
(970)304-6496, Extenstion 3745
dsnyder@co.weld.co.us
Original Message
From: Jacqueline Hatch
Sent: Thursday, August 21, 2008 9:10 AM
To: David Snyder
Subject: FW: SPR-417 Trigger Time
Original Message
From: JD Parker and/or Kathee Pauley [mailto:skybuild@msn.com]
Sent: Thursday, August 21, 2008 8:05 AM
To: Jacqueline Hatch
Cc: Joellen Gonzales
Subject: Re: SPR-417 Trigger Time
Jacqueline and David, Please see page 8 of the attached document. I made the requested
corrections on exhibit "A" according to our bidding documents for the project.
Thank you,
JD Parker
303-772-5382 Office
303-772-5403 Fax
303-588-4253 Cell
skybuild@msn.com
Original Message
From: Jacqueline Hatch <mailto:jhatch@co.weld.co.us>
To: JD Parker and/or Kathee Pauley <mailto:skybuild@msn.com>
Sent: Wednesday, August 20, 2008 3:52 PM
Subject: FW: SPR-417 Trigger Time
JD,
The comments below are from David with Public Works.
Let me or him know if you have any questions
Thanks,
Jacqueline
Original Message
From: David Snyder
Sent: Wednesday, August 20, 2008 3:46 PM
To: Jacqueline Hatch
Subject: RE: SPR-417 Trigger Time
Jacqueline,
The Schedule A for the project is missing items that will be needed to
be added to this particular sheet. Missing is any paving that has to be
done onsite (access, parking lot, etc.), any curb and gutter on -site,
all sidewalk on -site, and any storm water/drainage improvements that are
to be constructed.
If you have any questions, feel free to email or call.
David Snyder, E.I.
Engineer
Weld County Public Works Department
P. O. Box 758
Greeley, CO 80632
(970)304-6496, Extenstion 3745
dsnyder@co.weld.co.us
Original Message
From: Jacqueline Hatch
Sent: Tuesday, August 19, 2008 8:51 AM
To: David Snyder
Subject: SPR-417 Trigger Time
David,
Just wondering if you have had a chance to review the improvements
agreement for SPR-417?
THANKS!!
Jacqueline
2
0
Edited by Foxit PDF Editor
Copyright (c) by Foxit Software Company, 2004
For Evaluation Only.
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
+" ) Apr; 1 09
THIS AGREEMENT, made and entered into this Ii7IK day of _ 409 , 20 CO, by and between
the County of W eld, State of Colorado, acting through its Board of County C ommission ers, hereinafter called "County,"
and Paul Gonzales Jr.hereinafter ca lied "Applicant."
t.Ucky StarsCru-NV/osh,�t.c�
WITNESSE'FH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following described property in the
County of Weld, Colorado:
3575 Stage Coach Road South, Lot 8 Block 2, Western Dairymen Cooperative, Inc. 3rd AMPF -431
WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be known as
SPR-417 has been submitted to the County for approval, and
WHEREAS, relevant Sections of the Weld County Code provide that no Subdivision Final Plat, Planned Unit
Development Final Plat, or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision
Improvement Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting
documents of the Subdivision Final Plat, Planned Unit Development Final Plat, or Site Plan, which improvements, along
with a time schedule for completion, are listed in Exhib its "A" and "B" of this Agreement.
NOW, THE REFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said
Final Plat, the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in connection with
the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit
"A," which is attached hereto and incorporated herein by reference.
1.1 The required engineering services shall be performed bya Professional Engineer and Land Surveyor
registered in the State ofColorado, 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 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit
Development to the County for approval prior to the letting of any construction contract. Applicant
shall furnish one set of reproducible "as -built" drawings and a final statement of construction cost to
the County.
2.0 Rights -of -Way and Easements: Before commencing the construction of any improvements herein agreed upon,
Applicant shall acquire, at its own expense, good and sufficient rights -of -way and casements on all lands and
facilities traversed by the proposed improvemen ts.
3.0 Construction: App leant shall furnish and install, at its own expense, the Subdivision or Planned Unit
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Development improvements listed on Exhibit "A," which is attached hereto and incorporated herein
by reference, according to the construction schedule set out in Exhibit "B" which is also attached
hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and
the specifications adopted by the County for such public improvements. Whenever a Subdivision or
Planned Unit Development is proposed within three miles of an incorporated community located in
Weld County or located in any adjacent county, the Applicant shall -be required to install
improvements in accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated community has not
adopted such requirements and standards at the time the Subdivision or Planned Unit Development
is proposed, the requirements and standards of the County shall be adhered to. If both the
incorporated community and the County have requirements and standards, those requirements and
standards that arc more restrictive shall apply.
3.2 Applicant shall employ, at its own expense, a qualified testing company previously approved by the
County to perform all testing of materials or construction that is required by the County; 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 Applicant's expense. Any material or work not
conforming to the approved plans and specifications shall be removed and replaced to the satisfaction
of the County at Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary
sewer or septic systems, water, gas, electric and telephone services.
3.5 Said Subdivision or Planned Unit Development 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 shown on
Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss
and damage County may suffer as a result ofall 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 pub lie liability insurance coverage, and shall operate in strict accordance with the laws and
regulations of the State ofColorado governing occupational safety and health.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant, streets
within a Subdivision or Planned Unit Development may be approved by the County as public roads and will
be maintained and repaired by a Homeowners Association or, in its absence, the owners of lots within the
Subdivision or Planned Unit Development.
6.1
If desired by the County, portions of street improvements may be p laced in service when completed
according to the schedule shown on Exhibit "B," but such use and operation shall not constitute an
approval of said portions.
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6.2 County may, at its option, issue building permits for construction on lots for which street
improvements detailed herein have been started but not completed as shown on Exhibit "B," and may
continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit
Development improvements in that phase of the development is satisfactory to the County; and all
terms of this Agreement have been faithfu Ily kept by Applicant.
6.3 Upon completion of theconstruction of streets within a Subdivision or Planned Unit Development and
the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the
County Engineer inspect its streets and recommend that the Board ofCounty Commissioners partially
approve them. Not sooner than nine months after partial approval, the County Engineer shall, upon
request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies.
The County Engineer shall reinspect the streets after notification from the applicant(s) that any
deficiencies have been corrected. If the County Engineer finds that the streets are constructed
according to County stan dards, he or she shall recommend full approval. Upon a receipt of a positive
unqualified recommendation from the County Engineer for approval of streets withinthe development.
the Board of County Commissioners shall fully approve said streets as public but with private pay.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One -Hundred percent
(100%) of the value of the improvements as shown in this Agreement. Prior to Final Plat approval,
the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the
improvements subject to final approval by the Board of County Commissioners and the execution of
this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6) months
of the Final Plat approval. If acceptable collateral has not been submitted within six (6) months then
the Final Plat approval and all preliminary approvals shall automatically expire. Applicant may
request that the County extend the Final Plat approval provided the cost estimates are updated and the
development plans are revised to comply with all current County standards, policies and regulations.
The improvements shall be completed within one (1) year after the Final Plat approval (not one rear
after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be
renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for
the remaining improvemen Is are updated and collateral is provided in the amount of One -Hundred
percent (100%) o (the value oft he improvements remaining to be completer. If improvements are not
completed and the agreement not renewed within these time frames, the County, at its discretion. may
make demand on all or a portion o f the collateral and take steps to see that the imp rovemen is are made.
7.2 The applicant may choose to provide for a phased development by means of designating filings of a
Planned Unit Development Final Plat or Subdivision Final Plat. The applicant would need only to
provide collateral for the improvements in each filing as approved. The County will place restrictions
on those portions of the property that are not covered by collateral which will prohibit the conveyance
of the property or the issuance of building permits until collateral is provided or until improvements
are in place and approved pursuant to the requirements for a Request for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits "A" and "B."
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to
final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form
approved by Weld C ounty. The Letter of Credit shall state at least the following:
8.1.1 The Letter of Credit shall be in an amount equivalent of One -Hundred percent (100%) of the
total value of the improvements as set forth in Section 6.0 and Exhibits "A" and "B."
8.1.2 The LetterofCredit shallprovide for payment upon demand to Weld County if the developer
has not performed the obligations specified in the Improvements Agreement and the issuer
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has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this
policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the unreleased portion of
the Letter of Credit shall be equal to a minimum of One -Hundred percent (100%) of the
estimatedcosts of completing the uncompleted portions of the required improvement, based
on inspections ofthe development by the issuer. In no case shall disbursement for a general
improvement item exceed the cost estimate in the Improvements Agreement (i.e., streets,
sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the
Improvements Agreement acknowledging the agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit
amount cannot be drawn upon and will remain available to Weld County until released by
Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit
shall be either the date of release by Weld County of the final fifteen percent (15%), or one
year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate
that, in any event, the Letter of Credit shall remain in full force and effect until after the
Board has received sixty (60) days written notice from the issuer of the Letter of Credit of
the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board
of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board
of County Commissioners provided that the following are submitted:
8.2.1 In the event property within the proposed development is used as collateral, an appraisal is
required of the property in the proposed development by a disinterested Member of the
American Institute of Real Estate Appraisers (M.A.1.) indicating that the value of the
property encumbered in its current degree ofdevelopment is sufficient to cover One -Hundred
percent (100%) o f the cost of the improvements as set forth in the Improvements Agreement
plus all costs of sa le of the prop erty.
8.2.2 In the event property other than the property to be developed has been accepted as collateral
by Weld County, then an appraisal is required of the property by a Member of the Institute
of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in
its current state of development is sufficient to cover One -Hundred percent (100%) of the
cost of the improvements as set forth in the Improvements Agreement plus all costs of sale
of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is
senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the enc umbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One -Hundred percent (100%) of the amount specified
in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as
specified in the agreement and for no other purpose and w ill not release any portion of such
funds without prior approval of the Weld County Board of Commissioners.
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8.3,3 The escrow agent will be a Federal or state -licensed bank or financial institution.
8.3.4 If Weld County determines there is a default of the Improvements Agreement, the escrow
agent, upon request by the County, shall release any remaining escrowed funds to the C ounty.
8.4 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 as specified in
the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to One -Hundred percent (100%) of the value of the
improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the
project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer
registered in Colorado that the project ora portionof the project has been completed in substantial compliance
with approved plans and specifications documenting the following:
9.1 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 approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado Department of
Transportation Schedule for minimum materials sampling, testing and inspections found in the
Colorado Department of Transportation (CDOT) Materials Manual.
9.3 "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 approved, or that any material deviations have received prior approval from the
County Engineer.
9.4 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.
9.5 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 ifthe fire hydrants are operational and
state the results of fire flow tests.
9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction plans.
9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval
of the streets by the County, the applicant(s) 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.
9.8 The request for release of 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 comp any.
9.9 The warranty collateral shall be released to the applicant upon final approval by the B oard of County
Commissioners.
10.0 Public Sites and Open Spaces: When the Board ofCounty Commissioners, pursuant to a mzoning, Subdivision
or Planned Unit Development, requires the dedication, development and/or reservation of areas or sites other
than Subdivision or Planned Unit Development streets and utility casements ofa character, extent and location
suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance with one of
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the following alternatives, or as specified in the Planned Unit Development (PUD) Plan, if any:
10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations
shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any
area so dedicated shall be maintained by the County or school district.
10.2 The required acreage as determined according to Chapter 24 of the Weld County Code, may be
reserved through deed restrictions as open area, the maintenance ofwhich shall be a specific obligation
in the deed of each lot within the Subdivision or Planned Unit Development.
10.3 In lieu of land, the C ounty may req uire a payment to the County in an amount equal to the market
value at the time of Final Plat submission of the required acreage as determined according to Chapter
24 of the Weld County Code. Such value shall be determined by a competent land appraiser chosen
jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account
to be expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives,
successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant running
with the land hewin described, and shall be binding upon the successors in ownership of said land.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreementto be executed on theday and year
first above written.
APPLICANT:
U-LCk-L1 S/` -v^ -v l&Sos e-i r
APPLICANT:
TITLE: ged_e_er fit` n-7�Y'
C
Subscribed and sworn to before me this day of _k{ , 20_
My Commission expires:
abl
ATTEST:
Weld County Clerk toithe
BY
Deputy Cler
o the Board
APPROVED AS TO FORM:
Pli
Notar ublic
BOARD OF COUNTY COM MISSIONERS
WELD COUNTY, COLORADO
William F. Garcia .Chair
/r `y
County Attorney
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APR 2 9 2009
9. 7Ca9
Edited by Foxit PDF Editor
Copyright (c) by Foxit Software Company, 2004
For Evaluation Only.
EXHIBIT "A"
Name of Subdivision
or Planned Unit Development Milkey Way Business Park, Western Cooperative, Inc. 3rd AMPF-431
Filing 3rd AMPF-431
Lot 8, Block 2 - 3575 Stage Coach Road South
Location:
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or
Planned Unit Development the following improvements. (Leave spaces blank where they do not apply)
Improvements
Quantity
Units
Unit
Costs
Estimated Construction
Cost
Site grading
2.1
Acres
6,500.00
Street grading
Street base
Street paving
2520
CuYds
9.52
23,990.40
Curbs, gutters, and culverts
550
LF
10.50
5,775.00
Sidewalk
750
SF
2.56
1,920.00
Storm sewer facilities
120
LF
42.30
5,076.00
Retention ponds
Ditch Improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On -site sewage facilities
On -site water supply and storage
Water Mains (includes bore)
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street Names
Fencing requirements
Landscaping
52,010
SF
22,014.25
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water transfer
SUB -TOTAL:
Engineering and Supervision Costs $ 3,569.00
(Testing, inspection, as -built plans and work in addition to preliminary and final plat; supervision of actual construction
by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 68,844.65
The above imp ovements sha I be cons ucted in accordance with all County requirements and specifications. and
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conformance with this provision shall be determined solely by Weld County, or its duly authorized agent.
Said improypments shall be completed according to the construction schedule set out in Exhibit "B."
Applicant
LA&C�-�, SiCtLY'5 CToaS4,, L.LC.
Applicant
/2c<Jner I kkeL 0 -ate -
Title
Date:
4'-z3 zos?y.
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
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For Evaluation Only.
EXHIBIT "B"
Name of Subdivision
or Planned Unit Development Milkey Way Business Park, Western Cooperative, Inc. 3rd AMPF-431
Filing ,,._ 3rd AMPF-431
Location: Lot 8, Block 2 - 3575 Stage Coach Road South
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or
Planned Unit Development the following improvements.
All improvements shall be completed within 1 years from the date of approval of the final plat Construction
of the improvements listed in Exhibit "A" shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading
Street base
8 04)-Ot' O
Street paving
Curbs, gutters, and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On -site sewage facilities
On -site water supply and storage
Water mains
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street name signs
Fencing requirements
Landscaping 01 -O \ - t O
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water Transfer
SUB -TOTAL:
I mill IIII IIIIII hIM IhM IhIM IhIhIIh iu 111111 IIh huh
3622020 05/12/2009 11:07A Weld County, CO
10 of 11 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
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: cal
Applicant
Applicant
i9uiner I Il%.0-nAoyte
Title
Date:
gZ3_.2O 7.
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
11111111111111111111111111111111DIEM 111111III IIII
3622020 05/12/2009 11:07A Weld County, CO
11 of 11 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
11
SkyLine Builders, Inc.
GENERAL CONTRACTORS
July 22, 2008
Triggertime Gun Club
3575 Stage Coach Road South
Longmont, Co 80501
Re: Request for proposal for Landscape Installation and Warranty
Plant purchase by others, delivered to site:
ASH, AP
3" B&B
3
ASH, MARSHALL
3" B&B
2
PINE, AUSTRIAN
8'
16
PEAR, CHANTICLEER
7'
7
GRASS, PAMPAS
#5
3
GRASS, MAIDEN
#5
24
DOGWOOD, REDTWIG
#5
12
SANDCHERRV, PURPLE LEAF
#5
3
DOGWOOD, ISANTI
#5
6
POTENTILLA,
ABBOTSWOOD(WHITE)
#5
6
SPIREA, FROEBEL
#5
15
BLUEMIST
#5
6
FERNBUSH
#5
3
JUNIPER, BUFFALO
#5
20
PERENNIAL
#1
65
All Irrigation, Planting and Seeding to be included as per landscape plan (Ward's
Landscape Design)
Irrigation System
Planting
Soil Prep, Grading and Seeding
Mulch and Rock
$4,230.00
$1,456.00
$3,250.00
$2,300.00
Total Proposal $11,236.00
7 -fl -5
J.D. Parker, VP Date
COMMERCIAL — INDUSTRIAL BUILDERS - DEVELOPERS
202 MAIN STREET, SUITE 4, LONGMONT, CO 80501
PHONE 303-772-5382 FAX 303-772-5403 EMAIL SKYBUILD@MSN.COM
JD PRKER
TRIGGERTIME GUN CLUB
rangeview nurseries
7/17/2008
DESCRIPTION
SIZE
QUANTITY
UNIT PRICE
TOTAL PRICE
ASH, AP
3" B&B
3
$345.00
$ 1,035.00
ASH, MARSHALL
3" B&B
2
$345.00
$ 690.00
PINE, AUSTRIAN
8'
16
$315.00
$ 5,040.00
PEAR, CHANTICLEER
2"
7
$220.00
$ 1,540.00
GRASS, PAMPAS
#5
3
$25.00
$ 75.00
GRASS, MAIDEN
#5
24
$25.00
$ 600.00
DOGWOOD, REDTWIG
#5
12
$12.00
$ 144.00
SANDCHERRY, PURPLE LEAF
#5
3
$14.00
$ 42.00
DOGWOOD, ISANTI
#5
6
$13.25
$ 79.50
POTENTILLA, ABBOTSWOOD(WHITE)
#5
6
$12.00
$ 72.00
SPIREA, FROEBEL
#5
15
$12.50
$ 187.50
BLUEMIST
#5
6
$13.25
$ 79.50
FERNBUSH
#5
3
$16.25
$ 48.75
JUNIPER, BUFFALO
#5
20
$19.00
$ 380.00
PERENNIAL
#1
65
$4.25
$ 276.25
SUBTOTAL
$ 10,289.50
TAX
$ 488.75
TOTAL
$ 10,778.25
8776 N 107TH LONGMONT CO 80501-0094 PH:(303) 485-5373 OR 485-5767 FAX (303) 772-5552
nAMFIRST BANK...
IRREVOCABLE LETTER OF CREDIT NO. 045
April 17, 2009
Board of County Commissioners -Weld County
Attn: Clerk to the Board
P.O. Box 758
Greeley, CO 80632
RE: Lucky Stars Car Wash LLC
Gentlemen:
We hereby open our Irrevocable Letter of Credit in your favor for the account of Lucky Stars Car Wash
LLC, 3575 Stage Coach Road, Longmont, CO 80504, for a sum not to exceed the aggregate of SIXTY
EIGHT THOUSAND EIGHT HUNDRED FORTY FOUR AND 65/100 ($68,844.65).
Each draft so drawn must be marked "Drawn under AMFIRST BANK, N.A., 5201 S Yosemite St., Suite 100,
Greenwood Village CO 80111, Letter of Credit No. 045 and be accompanied by a "signed statement from
the Board of County Commissioners of Weld County, Colorado stating the Lucky Stars Car Wash, LLC has
committed a material breach of the Improvements Agreement According to Policy Regarding collateral
for Improvements regarding 3575 Stage Coach Rd, Longmont Co 80504 dated the 17th day of April, 2009
by and between Lucky Stars Car Wash, LLC and the Board of County Commissioners of the County of
Weld."
This credit is subject, so far as applicable, to "The Uniform Customs and Practice for Documentary
Credits, 2006 Revision, The International Chamber of Commerce Publication No. 600"
We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit
will be duly honored and presented for payment to our main office, AMFIRST BANK, N.A. 5201 S
Yosemite St., Suite 100, Greenwood Village CO 80111. This letter of credit will expire on April 17, 2010
at 5:00 P.M.
This letter of credit is automatically extended without amendment, for additional one year periods from
the current expiration or any future expiration date unless 60 days prior to such current expiration date
AMFIRST BANK, N.A. notifies beneficiary in writing that the letter of credit will not be renewed. In the
case you receive such a notification, you may draw by presentation of the following: (a) a draft at sight
on AMFIRST BANK, N.A.; (b) a statement purportedly signed by an official of the Board of County
916 South Main Street, Suite 100, Longmont, Colorado 80501
(303) 702-9200 • (303) 702-9205 Fax
Letter of Credit No. 045
Page Two
Commissioners of Weld County, Colorado stating that we have received notice from AMFIRST BANK,
N.A., the Letter of Credit No. 045 will not be renewed and that Lucky Stars Car Wash LLC has failed to
provide proof of adequate collateral and substitution of this Letter of Credit No. 045; (c) copy of letter
from AMFIRST BANK, N.A. stating non -renewal of Letter of Credit No. 045 and the original letter of
credit.
Yours truly,
AMFIRST BANK, N.A.
J Edmund Lister
Sr. Vice President
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
COLORADO
March 18, 2010
Attn: J Edmund Lister
AmFirst Bank N.A.
5201 South Yosemite Street, Suite 100
Greenwood Village, Colorado 80111
RE: Letter of Credit #045 — Lucky Stars Car Wash, LLC
Mr. Lister:
This letter shall act as a confirmation of your obligations to the Board of County Commissioners of Weld
County under the above -referenced Letter of Credit.
As you are aware, on the 17th day of April, 2009, AmFirst Bank, issued a Letter of Credit on behalf of
Lucky Stars Car Wash naming the Board of County Commissioners of Weld County, Colorado as
beneficiary. The dollar amount of the Letter of Credit was established at Sixty-eight Thousand Eight
Hundred Forty-four and 65/100 ($68,844.65).
The terms of the Letter of Credit require that it be maintained by your institution until the 17th day of
April, 2010. If your institution intends to terminate its obligations under the Letter of Credit, you are
required to provide notice to Weld County sixty (60) days prior to the anniversary date. If we are not in
receipt of said notification, the terms of the Letter of Credit will remain in force.
If you have any questions regarding this letter or your obligations under the Letter of Credit, or if you
disagree with any of the statements contained herein, please call Donna Bechler, at 970-336-7215,
ext. 4227, or e-mail me at dbechler@co.weld.co.us.
Very truly yours,
Bruce T. Barker
Clerk to the Board
By:
eputy ClerlGfo the Board
pc Lucky Stars Car Wash, LLC
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