HomeMy WebLinkAbout770983.tiff RESOLUTION
RE : ACCEPTANCE OF SUBDIVISION IMPROVEMENTS AGREEMENT AND LETTER
OF CREDIT IN THE AMOUNT OF $3, 046 . 73 TENDERED BY THE DEVEL-
OPER OF THE GEISERT INDUSTRIAL SUBDIVISION, SAID LETTER TO
EXPIRE SEPTEMBER 30 , 1978.
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 , the Board of County Commissioners of Weld County,
Colorado, previously accepted a letter o£. credit from the Cache
4'`i .,) , t
National Bank of Greeley in the amount of $3, 046 .73, for the
developer of Geisert Industrial Subdivision, which expired on
September 30 , 1977, and
WHEREAS, the Department of Planning Services of Weld County,
Colorado, has submitted a Subdivision Agreement dated September
30 , 1977 to the Board for their approval . Said agreement reflects
a total of $3, 046. 73 in improvements still remaining to be com-
pleted in the Geisert Industrial Subdivision, and
WHEREAS, in addition, the Department of Planning Services
has submitted a letter of credit from the Eaton Bank, Eaton,
Colorado in the like amount of $3, 046 . 73, which will expire on
September 30 , 1978, said letter of credit insures the completion
of improvements which remain to be done in said Subdivision.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the letter of credit
herewith tendered in the amount of $3 , 046. 73 on behalf of the
developer of Geisert Industrial Subdivision, be, and hereby is ,
accepted, and the Subdivision Improvements Agreement be, and
hereby is, accepted as well.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 3rd day of
October, A.D. , 1977.
v... " BOARD OF COUNTY COMMISSIONERS
ATTEST: n is nl WE COUNTY, COLO
Wel County Clerk Recorder � LO
, ��,c9 2iy,7z /fr7/6 '
and Clerk to the oard
Deputy Count erk ` 4; Arc / Q/
APPR1l �dGED AS TO FORM: ) -7%- ,tor. Lit-,40
c ' �(g _ e� � / \) 770983
GGG—� Facc�� �� /4E_County At orney
r' /4 'FPi4exr Snt " ' - n " .� Date Presented: October 12 , 1977
•
SUBDIVISION AGREEMENT
THIS AGREEMENT, made and entered into this 30thday of September
1977, by and between the County of Weld, Colorado, acting through its Board
of County Commissioners , hereinafter called "County" , and
Richard H. Geisert , hereinafter called
"Subdivider".
WITNESSETH:
WHEREAS, Subdivider is the owner of or has a controlling interest in
the following described property in the County of Weld, Colorado:
WHEREAS, a final subdivision plat of said property, to be known as
Geisert Industrial P.U.D.
has been submitted to the County for approval ; and
WHEREAS, Section 11-1 of the Weld County Subdivision Regulations pro-
vides that no final plat shall be approved by the Board of County Commissioners
until the Subdivider has submitted a Subdivision Improvement Agreement
guaranteeing the construction of the public improvements shown on plans ,
plats and supporting documents of the subdivision, which improvements , along
with a time schedule for completion, are listed in Exhibits "A" and "B" of
this Agreement.
NOW, THEREFORE, 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 . Engineering Services : Subdivider shall furnish, at its own
expense, all engineering services in connection with the design
and construction of the subdivision improvements listed on
Exhibit "A"which is attached hereto and made a part hereof by
this reference.
1 . 1 The required engineering services shall be performed
by a Professional Engineer and Land Surveyor registered
in the State of Colorado, and shall conform to the
standards and criteria established by the County for
public improvements.
1 . 2 The required engineering services shall consist of,
but not be limited to, surveys , designs , plans and pro-
files, estimates, construction supervision, and the
submission of necessary documents to the County.
1 . 3 Subdivider shall furnish drawings and cost estimates
for roads within the subdivision to the County for ap-
proval prior to the letting of any construction contract.
Before acceptance of the roads within the subdivision by
the County, Subdivider shall furnish one set of repro-
ducible "as-built" drawings and a final statement of con-
struction cost to the County.
2. Rights-of-Way and Easements : Before commencing the construction of
any improvements herein agreed upon, Subdivider 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 docu-
ments of conveyance shall be furnished to the County for recording.
3. Construction : Subdivider shall furnish and install , at its own
expense, the subdivision improvements listed on Exhibit "A" which is
attached hereto and made a part hereof by this reference, according
to the construction schedule set out in Exhibit "B" also attached hereto
and made a part hereof by this reference.
3. 1 Said construction shall be in strict conformance to the
plans and drawings approved by the County and the speci-
fications adopted by the County for such public improve-
ments. Whenever a subdivision is proposed within three
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es
miles of an incorporated community located in the County
or located in any adjacent county, the Subdivider 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 com-
munity. If the incorporated community has not adopted
such requirements and standards at the time the subdivision
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 re-
quirements and standards that are more restrictive shall
apply.
3.2 Subdivider shall employ, at its own expense, a qualified
testing company previously approved by the County to per-
form all testing of materials or construction that is re-
quired by the County; and shall furnish copies of test re-
sults 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 Subdivider's expense. Any
material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satis-
faction of the County at Subdivider' s expense.
3.4 The Subdivider 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 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 Subdivider.
4. Release of Liability: Subdivider shall indemnify and hold harmless
the County from any and all suits, actions or claims of every nature
and description caused by, arising from, or on account of said Con-
struction, and pay any and all judgments rendered against the County
on account of any such suit, action or claim, together with all reasonable
-3-
expenses and attorney fees incurred by County in defending such suit,
action or claim. All contractors and other employees engaged in
construction of the improvements shall maintain adequate workman' s
compensation insurance and public liability insurance coverage, and
shall operate in strict accordance with laws and regulations of the
State of Colorado governing occupational safety and health.
5. Acceptance of Streets for Maintenance by the County: Upon com-
pliance with the following procedures by the Subdivider, streets with-
in a subdivision may be accepted by the County as a part of the County
road system and will be maintained and repaired by the County.
5. 1 If desired by the County, portions of street 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.
5. 2 County may, at its option, issue building permits for con-
struction 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 improvements
throughout the development is satisfactory to the County;
and all terms of this Agreement have been faithfully kept
by Subdivider.
5.3 Acceptance for Partial Maintenance: Upon the completion of
the construction of streets within a subdivision according
to Weld County Specifications , the Subdivider shall request
in writing that the County Engineer inspect said streets and
accept them for partial maintenance by the County. Partial
maintenance consists of all maintenance except for actual
repair of streets , curbs and gutters and related street
improvements. The County Engineer shall accept streets for
partial maintenance for a period of one year. Nine months
after initial acceptance, the County Engineer shall inspect
the subject streets , and notify the Subdivider of any defi-
ciencies. The County Engineer shall reinspect the streets
after notification from the Subdivider that any deficiencies
have been corrected. If the County Engineer finds that the
streets are constructed according to County standards , he
shall recommend the acceptance of the streets for full main-
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tenance to the Board of County Conanissioners .
5.4 Acceptance of Streets for Full Maintenance: Upon receipt of
a recommendation from the County Engineer for acceptance of
streets within the subdivision, the Board of County Commis-
sioners shall accept such streets as public facilities and
County property, and shall be responsible for the full main-
tenance of such streets including repair.
6. Improvements Guarantee: Subdivider shall furnish to the Board of
County Commissioners as guarantee of compliance with this Agreement,
collateral such as, but not limited to, performance or property bonds ,
private or public escrow agreements , liens on property, deposit of
certified funds or other similar surety agreements acceptable to the
Board of County Commissioners. The amount of any of the above guarantees
shall be set by the Board of County Commissioners and portions of the
guarantee may be released upon completion of various portions of the
improvements. All or any portion of the guarantee will be released upon
completion of the guaranteed improvements according to County standards
and the terms of the subdivision plans and plats and, in the case of
the streets , upon acceptance of the streets by the County for full
maintenance as a part of the County road system.
7. Public Sites and Open Spaces : The Planning Commission and the Board
of County Commissioners , upon consideration of vehicular traffic and
facilities and the particular type of development proposed in the
subdivision, may require the dedication, development and/or reservation
of areas or sites of a character, extent and location suitable for pub-
lic use for parks , greenbelts or schools , other than subdivision streets
and utility easements designated, in accordance with one of the following
alternatives , or as specified in the PUD plan, if any:
7. 1 The required acreage as may be determined according to
Section 8-15-B of 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 dedi-
cated shall be approved by the County or school district, and
shall be maintained by the County or school district.
7. 2 The required acreage as determined according to Section 8-15-B
of the Weld County Subdivision Regulations may be reserved
through deed restrictions as open area , the maintenance of
which shall be a specific obligation in the deed of each lot
-5-
within the subdivison.
7.3 In lieu of land , the Board of County Commissioners may re-
quire 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 Section 8-15-B.
Such value shall be determined by a competent land appraiser
chosen jointly by the Board and the Subdivider. The cash
collected shall be deposited in an escrow account to be
expended for parks at a later date.
8. Successors and Assigns : This Agreement shall be binding upon the
heirs , executors , personal representatives , successors and assigns of
the Subdivider, and upon recording by the County, shall be deemed a
covenant running with the land herein described , and shall be binding
upon the successors in ownership of said land.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLORAD
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ATTEST:
tde1 County Clerk •ecorder
and lerk to th- Board ,
.
BY: � c I. .f
Q�
,,''' Deputy ounty Clerk
AP ROVE/6/AS TO FORM: 0
Lbvnty ttorney
SUBDIVIDER: " .
By: (u-�i. .
(title)
Subscribed and sworn to before me this .3c) day of )4,, ' 7
My commission expires : c/je/yrj
Notary Public r-7-
-6-
/
EXHIBIT "A"
Name of Subdivision: (rrr/S.ce,— 1/2/.2O e!xc /7 /,,A9,
Filing:
A part of Lot 6 and Lot 5 of the SE * of the NE *, Section 5; and Lot
Location: 3 of the SW + of the NW + of Section 4, T5N, R65W of the 6th P.M. , Weld
County, Colorado
Intending to be legally bound , the undersigned Subdivider hereby agrees to
provide throughout this subdivision and as shown on the subdivision final
plat dated August , 1976 , recorded on , 19 ,
in Book , Page No. , Reception No. , the following
improvements.
(Leave spaces blank where they do not apply. )
Improvements Unit Cost Estimated
Construction Cost
Street grading
C
Street base I ,----
Street paving Is!HL s� (I I• & C :. clL--.. 73
Curbs , gutters , and culverts
Sidewalks ;ur___
Storm Sewer facilities NA
Retention ponds r' 4
Ditch improvements ,i,A
Sub-surface drainage A/4
Sanitary sewers ,U,f „ C,ri,, ,
Trunk and forced lines rrfi r
Mains J,J4
Laterals (house conn) A' A
On-site Sewage facilities 4,1 A
On-site Water supply and storage 4/ 4
Water mains .
Fire hydrants 44e I .
Survey & street monuments & boxes iv
Street lighting N ya
Street name signs !✓/r
Fencing requirements A;,,
Landscaping ;,
Park improvements iA -
SUB TOTAL
Engineering and Supervision Costs
(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 $
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".
Signature of Subdivider
(If corporation, to he signed by President and attested to by Secretary,
together with corporate seal . )
Date: '3 ;n ./ 27 , 19 .
•
EXHIBIT "B"
Name of Subdivision: Geisert Industrial P.U.D.
Filing:
A part of Lot 6 and Lot 5 of the St * of the NE +, Section 5; and Lot
Location:3 of the SW + of the NW + of Section 4, T%N, R65W of the 6th P.M. , Weld
County, Colorado
Intending to be legally bound , the undersigned Subdivider hereby agrees to
construct the improvements shown on the final subdivision plat of
Geisert Industrial P.U.D. Subdivision, dated August , 1976,
Recorded on , 19 , in Book Page No. , Reception
No. , and listed on Exhibit "A" of this Agreement, according to
the following schedule.
All improvements shall be completed within / years from the date of
approval of the final plat.
Construction of the improvements listed in Exhibit "A" shall be com-
pleted as follows :
(Leave spaces blank where they do not apply. )
Improvements Time for Completion
Street grading cnplit
Street base y a
Street paving � 4 /t7 0
Curbs, gutters , and culverts ;4,,,,,B,�,tt
Sidewalks d,_-
Storm Sewer facilities
Retention ponds
Ditch improvements 6>.iir.f
Sub-surface drainage /k1/4
Sanitary sewers
i,,,pt
Trunk and forced lines N',,,S"
Mains (; Lz
Lateralsnhouse corn) CE
On-site Sewage facilities
On-site Water supply and storage raid
Water mains
Fire hydrants
Survey & street monuments & boxes Llc"` L
Street lighting ,y
Street name signs eJ/A
Fencing requirements 47/4
Landscaping 111
Park improvements /
SUB TOTAL
The Board of County Commissioners, at its option, and upon the request by the
Subdivider, may grant an extension of time for completion for any particular
improvement shown above, upon a showing by the Subdivider that the above
schedule cannot be met.
•
Signature of Subdivider
(If corporation, to be signed by President and attested to by Secretary,
together with corporate seal . ) 11
Date: 2,7/ 36 l927.
�°hnn k�:Aptiv
IR ipArry C�eLa o
C.L.LARSEN,PRESIDENT BEV ERLV B.WEBSTER,CASHIER
JOHN KUNDERT,VICE PRESIDENT CARLA L.GARTON,ASST.CASHIER
September 30, 1977
Weld County Board of Commissioners
Weld County Court House
Greeley, Colorado
Gentlemen:
This letter shall constitute a letter of credit in the
amount of $3046.73 for Richard H. Geisert and Francis
M. Geisert to guarantee that amount of work, which is
to be completed in the Geisert Industrial Subdivision.
It is understood that only part of the pavement in said
subdivision is yet to be completed to comply with an
agreement with Weld County.
This letter expires September 30, 1978.
Si ¢er 1
121
' John Kundert
`-/ Vice President
CACHE NATIONAL BANK OF GREELEY
Greeley, Colorado 80631
Standby
Irrevocable Letter of Credit
No. 142
Date October 1, 1976
TO: Weld County Commissioner
Weld County Colorado
Greeley, Colorado 80631
Gentlemen:
We hereby open our Irrevocable Lett r of Credit in your favor in
the amount of Forty-two Thousand Dollars and /100 Cents $42,000.00
available by drafts at sight and subjec to e following terms and conditions:
1. Drafts. All drafts must drawn on Cache National Bank of
Greeley, must be negotiated or present to Cache National Bank of Greeley
on or before September 30, 427, an st bear the reference: "DRAWN ON
CACHE NATIONAL BANK OF GREELILY LE T R OF CREDIT NO. 142, DATED OCTOBER 1,
1976.
2. Notati Thi a notation letter of credit. Each draft
must be accompanied y t is ter of Credit for endorsement by Cache National
Bank of Greeley of he u and date of each draft and the balance remaining.
This letter of Cre i mu e urrendered to Cache National Bank of Greeley
when exhausted.
3. Purpos . This Letter of Credit is issued for the account of
RICHARD H. GEISERT and FRANCIS M. GEISERT. Disbursements will be made under
this Letter of Credit to pay for:
water, sewer, road construction, engineering fees and etc.
This Letter of Credit relates to the following described real property:
Lot Five (5) and the South 2/3 of Lot Six (6) of the Southeast Quarter (SEA) of
the Northeast Quarter (NE1 ) of Section 5 and Lot Three (3) of the Southwest
Quarter (SW1) of the Northwest Quarter (NWk) of Section 4 all in Township 5 North,
Range 65 West of the 6th P. M. , according to the Union Colony Subdivision, lying
East of the U. S. By-pass, Weld County, Colorado.
4. Documents. All drafts must be accompanied by the following
documents:
Vouchers for water, sewer, road construction, engineering fees and etc.
5. Other Terms and Conditions. This Letter of Credit shall not be
transferable. It shall be governed by the laws of the State of Colorado,
including the Uniform Commercial Code as in effect in that State. This Letter
of Credit is NOT subject to the Uniform Customs and Practice for Documentary
Credits.
6. Obligation of Issuer. Cache National Bank of Greeley agrees with
the drawers, endorsers, and good faith holders of drafts drawn under and in
compliance with the terms and conditions of this Letter of Credit that Cache
National Bank of Greeley will duly honor such drafts upon presentation to
this office.
CACHE NATIONAL BANK OF GREELEY
( \,- ) / ii2
L>
BYI� /N
117
�� e schw� er, Assistant
Viee`-P'resi ent /
Date Paid By AMOUNT OF DRAFT Balance Remaining
A /,_ /' / '
rriEMORAIIDUIril
To County Commissioners Date September 26 , 1977
COLORADO From Ken McWilliams, Assistant Zoning Administrator
Subteen Letter of Credit for Geisert Subdivision
The letter of credit covering the cost of the subdivision improvements
for Geisert Subdivision will expire on September 30, 1977. The final
plat was approved by the Board of County Commissioners in September
1976, and the letter of credit was issued for one year . Some of the
improvements are completed while others are still under construction .
Recommendation :
Mr . Geisert should be contacted to request that a new subdivision
improvements agreement be submitted which would cover the cost of the
improvements yet to be completed and a new letter of credit be sub-
mitted to extend 1 year beyond the expected completion date of the
remaining improvements .
--OR--
The money should be withdrawn by the County if the above recommendation
has not been accomplished by September 30, 1977 .
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