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Home My WebLink About20093170.tiffRESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT (ON -SITE ONLY) FOR AMENDED SITE PLAN REVIEW, AMSPR #379 - BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. 2 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 3, 2009, the Department of Planning Services approved Amended Site Plan Review, AMSPR #379, for Beebe Draw Farms Metropolitan District No. 2, for public improvements, park and recreation improvements, a sport court, putting green and appurtenances on the following described real estate, to -wit: Part of Outlot 1, the open space and equestrian facility being part of Beebe Draw Farms and Equestrian Center, Corrected 1st filing; being part of Section 8, Township 3 North, Range 65 West of 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements Agreement (on -site only), between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Beebe Draw Farms Metropolitan District No. 2, 6025 South Lima Street, Englewood, Colorado 80111, c/o McGeady Sisneros, PC, 450 East 17th Avenue, Suite 400, Denver, Colorado 80203, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with an Improvement Agreement stating funds have been set aside in the amount of $234,891.00, to assure the public improvements are constructed in a timely manner, and WHEREAS, after review, the Board deems it advisable to approve and accept agreement stating said funds have been set aside in the amount of $234,891.00, to assure the public improvements are constructed in a timely manner 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 (on -site only), between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Beebe Draw Farms Metropolitan District No. 2, be, and hereby is, approved. BE IT FURTHER RESOLVED that funds have been set aside in the amount of $234,891.00 to assure the public improvements are constructed in a timely manner. 2009-3170 z PL2042 Grj IMPROVEMENTS AGREEMENT - BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. 2 PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of December, A.D., 2009. ATTEST: Weld County Clerk to the B BY:\ _ ep Clerk tb the Board APPROVED AS 7 - County Attorney Date of signature: I3I Ic}'OCI BOARD OF COUNTY COMMISSIONERS WELD COUN •LORADO i iam F.'-arcia Chair ougla ademacher ro-Tem David E. Long 2009-3170 PL2042 125 IMPROVEMENT AGREEMENT (ON -SITE ONLY) BEEBE DRAW -AMSPR- 379 THIS IMPROVEMENT AGREEMENT ("Agreement") is made this I \ day of , 2009, by and between the County of Weld, State of Colorado, acting through the Board of County Commissioners of the County of Weld, hereinafter called the "County," and Beebe Draw Farms Metropolitan District No. 2, a quasi -municipal corporation and political subdivision of the State of Colorado, hereinafter called the "Property Owner." RECITALS WHEREAS, Property Owner is the owner of the following described property in the County: Part of Outlot 1, the open space and equestrian facility being part Beebe Draw Farms and Equestrian Center Corrected First Filing being Part of Section 8, Township 3 North, Range 65 West of the 6th P.M. Weld County, Colorado (the "Property") and WHEREAS, Property Owner has acquired land use permits from the County to construct a 120 -foot by 120 -foot Sport Court, a 1500 -square -foot putting green and appurtenances ("Public Improvements") on approximately 1.5 acres of the Property and the County is currently in the process of considering an Amended Site Plan Review for the Property (AMSPR-379) for such Public Improvements; and WHEREAS, approval of the AMSPR-379 is subject to Property Owner's faithful performance of all of the duties contained within this Agreement; and WHEREAS, Property Owner acknowledges that it may not utilize the Public Improvements described in this Agreement until they have been completed; and WHEREAS, the parties agree that Property Owner will not commence construction on the Public Improvements until the Property Owner submits the collateral for construction of the Public Improvements, as hereinafter provided. AGREEMENT NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the mutual promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: 1. Public Improvements. Property Owner shall construct the Public Improvements according to the construction plans, entitled Amended Site Plan Review #379 for PELICAN LAKE RANCH POOL AND PLAYGROUND, attached hereto as Exhibit A and incorporated herein (the "Construction Plans"). The Property Owner agrees that the County, pursuant to this Agreement, shall be granted construction easement(s) that are reasonably sufficient to complete the Public Improvements, in the event of a default by the Property Owner under this Agreement. 11111111111111111111111111111 III 11111 III 11111 IIII IIII 3666725 12/23/2009 10:56A Weld County, CO 1 of 15 R 0.00 D 0.00 Steve Moreno Clerk & Recorder {00159062 DOC v: ) 2009-3170 2. Budget and Appropriation. The estimated cost to complete construction of the Public Improvements is Two Hundred Thirty Four Thousand Eight Hundred Ninety- One Dollars ($234,891.00). The Property Owner has the appropriated funds in its checking account to pay for the costs of the Public Improvements. The Property Owner has budgeted and appropriated sufficient funds to complete the construction of the Public Improvements. 3. Public Improvements and Warranty. The Public Improvements shall be installed and completed at the expense of the Property Owner. The Public Improvements required by this Agreement and shown on the Amended Site Plan (AMSPR-379) submittal, as well as the Construction Plans approved by the County Planning and Public Works Departments, and the costs and description of the Public Improvements are set forth on Exhibit A attached hereto and incorporated herein. All Public Improvements covered by this Agreement shall be made in accordance with the Amended Site Plan (AMSPR 379), the Construction Plans and associated construction documents drawn according to regulations and construction standards for such improvements and approved by the County Planning and Public Works Department. Property Owner shall warrant or cause its contractors to warrant the Public Improvements for a period of one (1) year from the date that the District's engineer grants final acceptance of the Public Improvements. Specifically, but not by way of limitation, the contractor shall warrant any and all facilities to be free of defects in materials or workmanship for a period of one (1) year, as stated above. 4. General Requirements for Collateral. The County requires Property Owner to provide collateral to guaranty all of Property Owner's obligations under this Agreement: (1) Completion of all improvements described in this Agreement. The Property Owner shall appropriate and budget sums sufficient to finance 100% of the completion of the Public Improvements and shall provide evidence to the County that it has sufficient funds available. Evidence of the collateral must be submitted to the County upon the approval of this Agreement by the Board of County Commissioners. No grading or building permits shall be issued for sand and gravel mining or other site operations improvements on the property and no Site Preparation shall commence until evidence of the collateral is provided in the amount of One -Hundred percent (100%) of the value of the improvements to be completed. The improvements shall be completed within a time schedule set forth in Exhibit "A" 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 sand and gravel mining and processing and related operations pursuant to AmSPR-379 that require a grading or building permit from the County pursuant to the Weld County Code. 5. Observation. The County shall have the right to make reasonable engineering observations at the Property Owner's expense, as the County may request. Observation, acquiescence in, or approval by any engineering inspector of the construction of physical facilities at any particular time shall not constitute the approval by the County of any portion of {00159062.DOC v.11 11111 1111111111 III 1111111 11111 IIII IIII 2 3666725 12/23/2009 10:56A Weld County, CO 2 of 15 R 0.00 0 0.00 Steve Moreno Clerk & Recorder construction of such Public Improvements. Such approval shall be made by the County only after completion of construction and in the manner hereinafter set forth. 6. Completion of Public Improvements. The obligations of the Property Owner provided for in this Agreement, including the inspections hereof, shall be performed prior to the issuance of any certificate of substantial completion and proper application for acceptance of the Public Improvements shall be made on or before such date. Upon completion of construction by the Property Owner of such Public Improvements, the County Public Works Director or his designee shall inspect the Public Improvements and certify with specificity their conformity or lack thereof to the County's specifications. The Property Owner shall make all corrections necessary to bring the Public Improvements into conformity with the County's specifications. 7. Related Costs — Public Improvements. The Property Owner shall provide all necessary engineering designs, surveys, field surveys and incidental services related to the construction of the Public Improvements at its sole cost and expense; including reproducible "as built" drawings certified accurate by a professional engineer registered in the State of Colorado. 8. Breach by Property Owner; the County's Remedies. In the event of a breach of any of the terms and conditions of this Agreement by the Property Owner, the Board of County Commissioners shall be notified immediately and the County may exercise any remedies available at law or in equity. Unless necessary to protect the immediate health, safety and welfare of the County, the County shall provide Property Owner thirty (30) days written notice of its intent to take any action under this paragraph, during which thirty -day period Property Owner may cure the breach described in the notice and prevent further action by the County. 9. Indemnification. The Property Owner, to the extent permitted by law, shall indemnify and hold harmless the County, its officers, employees, agents or servants from any and all suits, actions and claims of every nature and description caused by, arising from or on account of any act or omission of the Property Owner, or of any other person or entity for whose act or omission the Property Owner is liable, with respect to construction of the Public Improvements; and the Property Owner shall pay any and all judgments rendered against the County as the result of any suit, action or claim, together with all reasonable expenses and attorney fees incurred by the County in defending any such suit, action or claim. The Property Owner shall require that all contractors or other employees engaged in construction of Public Improvements maintain adequate workers' compensation insurance and public liability coverage and shall faithfully comply with the provisions of the Federal Occupational Safety and Health Act. 10. Waiver of Defects. In executing this Agreement, the Property Owner waives all objections it may have concerning defects, if any, in the formalities whereby it is executed, or concerning the power of the County to impose conditions on the Property Owner, as set forth herein, and concerning the procedure, substance and form of the ordinances or resolutions adopting this Agreement. 1 1 . Modifications. This Agreement shall not be amended, except by subsequent written agreement of the parties. {00159062.DOC v:1 { I 111111 11111 111111 111111 11111II11111111111 11111 1111111 3 3666725 12/23/2009 10:56A Weld County, CO 3 of 15 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 12. Release of Liability. It is expressly understood that the County cannot be legally bound by the representations of any of its officer or agents or their designees, except in accordance with the Weld County Code and the laws of the State of Colorado. 13. Captions. The captions to this Agreement are inserted only for the purpose of convenient reference and in no way define, limit or prescribe the scope or intent of this Agreement or any part thereof. 14. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns, as the case may be. 15. Invalid Provision. If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. It is the intention of the parties hereto that if any provision of this Agreement is capable of two constructions, one of which would render the provision void, and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. 16. Governing Law. The laws of the State of Colorado shall govern the validity, performance and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, it is agreed that venue of such suit or action shall be in Weld County, Colorado. 17. Attorneys' Fees. Should this Agreement become the subject of litigation to resolve a claim of default of performance by the Property Owner and a court of competent jurisdiction determines that the Property Owner was in default in the performance of the Agreement, the Property Owner shall pay the attorneys' fees, expenses and court costs of the County. 18. Notice. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered effective seventy-two (72) hours after deposit in the United States mail with the proper address, as set forth below. Either party, by notice so given, may change the address to which future notices shall be sent. Notice to the County: With a copy to: Department of Public Works Weld County P.O. Box 758 Greeley, Colorado 80632 Attn: Director Trevor Jiricek County Attorney Weld County P.O. Box 758 Greeley, Colorado 80632 Attn: Bruce Barker 111111111111111111111111VIIIIII1111111IIIVIIIIIIIII i 4 3666725 12/23/2009 10:56A Weld County, CO 4 of 15 R 0.00 0 0.00 Steve Moreno Clerk & Recorder [00159062 DOC v:I } Notice to Property Owner: Beebe Draw Farms Metropolitan District No. 2 6025 S. Lima St. Englewood, CO 80111 Attn: Christine Hethcock With a copy to: McGeady Sisneros, PC 450 East 17`h Avenue, Suite 400 Denver, Colorado 80203 Attn: MaryAnn M. McGeady 19. Force Majeure. Whenever the Property Owner is required to complete the construction, repair or replacement of the Public Improvements by an agreed deadline, the Property Owner shall be entitled to an extension of time equal to a delay in completing the foregoing due to unforeseeable causes beyond the control and without the fault or negligence of the Property Owner, including, but not limited to, acts of God, weather, fires and strikes. 20. Approvals. Whenever approval or acceptance of the County necessary, pursuant to any provision of this Agreement, the County shall act reasonably and in a timely manner in responding to such request for approval or acceptance. 21. Assignment or Assignments. There shall be no transfer or assignment of any of the rights or obligations of the Property Owner under this Agreement, without the prior written approval of the County. The Property Owner agrees to provide the County with at least fourteen (14) days advance written notice of the transfer or assignment of any of the rights and obligations of the Property Owner under this Agreement. 22. Title and Authority. The Property Owner expressly warrants and represents to the County that it has obtained any necessary easements to construct the Public Improvements and further represents and warrants, together with the undersigned individuals, that the undersigned individuals have full power and authority to enter into this Agreement. The Property Owner and the undersigned individuals understand that the County is relying on such representations and warranties in entering into this Agreement. WHEREFORE, the parties hereto have executed this Agreement on the day and year first above written. ATTEST: CLERK TO THE BOAS'. OF COUNTY COM SSIONEiRS- By: Deputy Cle (00159062. DOC v:l COUNTY OF WELD, STATE OF COLORADO, acting by and through the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD By: William Garcia, Chairman DEC (! 7 2009 1111111 11111 111111111111 111E III 1111111 III 11111 IIII IIII 3666725 12/23/2009 10:56A Weld County, CO 5 of 15 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 5 s(voi)- .3/; BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. 2, a quasi -municipal corporation and political subdivision of the State of Colorado By: Name: Title: STATE OF COLORADO ) )ss. �CeS: a 0.-1" COUNTY OF ARf ti $0F ) The foregoing instrument was acknowledged before me this / day of j j M 6ii' 2009, byeilj , },9f &{ftt'i)ck as,Vn94,9T of Beebe Draw Farms Metropolitan District No. 2, a quasi -municipal corporation and political subdivision of the State of Colorado. My commission expires: SEAL .`��``\ �ci �DF/gL r • •••••... :*•-; O 97:6:;ICO;OPp`�� 1 111111 11111 111111 111111 11111 III 1111111 III 11111 11111111 3666725 12/23/2009 10:56A Weld County, CO 6 of 15 R 0.00 D 0.00 Steve Moreno Clerk & Recorder {00159062.DOC v:I } 6 RESOLUTION NO. RESOLUTION OF BEEBE DRAW FARMS METROPOLITAN DISTRICT NO.2 REGARDING COLLATERAL FOR IMPROVEMENT AGREEMENT (ON -SITE ONLY) BEEBE DRAW - AMSPR - 379 WHEREAS, Beebe Draw Farms Metropolitan District No. 2 (the "District") is a quasi - municipal corporation and political subdivision of the State of Colorado; and WHEREAS, pursuant to its Consolidated Service Plan, approved by the Weld County Board of County Commissioners in May 1999, the District is empowered to provide for the design, acquisition, construction, installation, and financing of certain water, street, and park and recreation improvement and facilities necessary to serve the project known as Beebe Draw Farms and Equestrian Center (the "Development"); and WHEREAS, the District intends to construct certain park and recreation improvements, including a 120 -foot by 120 -foot Sport Court and a 1500 -square -foot putting green and appurtenances as more particularly described on Exhibit A attached hereto and incorporated herein by this reference ("Public Improvements"); and WHEREAS, the estimated cost to complete construction of the Public Improvements is Two Hundred Thirty Four Thousand Eight Hundred Ninety- One Dollars ($234,891.00); and WHEREAS, the District acknowledges that as a condition of the issuance of a building permit by Weld County (the "County") for the Public Improvements, the District and the County intend to enter into that certain Improvement Agreement (On -Site Only) Beebe Draw — AMSPR — 379 ("Improvement Agreement"); and WHEREAS, the Improvement Agreement requires the District provide collateral in an amount sufficient to finance 100% of the costs of the Public Improvements; and WHEREAS, the Improvement Agreement provides that the form of collateral may be by written evidence of the District to the County that it has appropriated and budgeted sums sufficient to finance 100% of the costs of the Public Improvements; and WHEREAS, the District has determined that it has the financial ability to finance and construct the Public Improvements; and WHEREAS, the District intends that this Resolution serve as collateral under the Improvement Agreement and written evidence that the District has appropriated and budgeted sums sufficient to finance 100% of the costs of the Public Improvements. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. 2, AS FOLLOWS: 1. The District does hereby determine that it is in the best interests of the District and the taxpayers and inhabitants of the Development to exercise its power by financing and constructing the Public Improvements. { 00159098.DOC v:l ) 111111111111111111 11111111111III 1111111 III IIIII 11111111 3666725 12/23/2009 10:56A Weld County, CO 7 of 15 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2. The District does hereby acknowledge that it is its intent to construct the Public Improvements. 3. The District has budgeted, appropriated and set aside funds in the amount of $234,891.00 to assure the Public Improvements are constructed in a timely manner. 4. The District shall assure that the Public Improvements are constructed and installed in accordance with all applicable codes, rules, regulations and construction drawings as set forth in the Improvement Agreement. 5. This Resolution shall serve as collateral under the Improvement Agreement and written evidence that the District has appropriated and budgeted sums sufficient to finance 100% of the costs of the Public Improvements. APPROVED AND ADOPTED THIS 1" day of December, 2009. BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. 2 By: Secretary President 111111 11111 Mil 111111 11111 III 1111111 111 11111 1111 1111 3666725 12/23/2009 10:56A Weld County, CO 8 of 15 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 1 2 EXHIBIT A - Cost Sheet (ON -SITE) I IIIIII 11111 111111 11111 11111 III 1111111 III 11111 IIII IIII Name of Subdivision, PUT), USR, RE, SPR: Rv+N 5? 2 319 Filing/Case #: Personnel Contact: Name etor sS�sn� 1}eL toe ICS Title Are,5n� QAA Phone10-5-aS4'811L Location: Sec °O - 3 — 4,5 Intending to be legally bound, the undersigned Applicant hereby agrees toorovide throw how this facility the following improvements. Improvements (Leave .spaces blank where they do not apply) (ON -SITE) Quantity Units Unit Costs ($) Estimated Construed Cultist_ t 10, 115 Site Grading 1 LS 5 10, 1-1S Street Grading -t Base- gmces5 k oo-d `iv` covcreke 5\0.14 0 L.S.\x,190 II,190 Street Paving Curbs, Gutters, and Culverts Sidewalk t i_ .5 . 4 1 1 1 431 $ H 1, 431 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 1 L, S. t. 3$ q S 3 $1 5 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 ( ( . S . 7,3 1 so $ 2.3 180 Landscaping 4 \'rv' aAs oti 5'15-kcws 5 I L. 5 . $ I ©Lt, n4 S 104, 03A - Park Improvements Telephone Gas Electric Water Transfer Corcre ce— Slab 1 L -S. 4 S4 0oo 4. 54tDoc SUB -TOTAL: 1 rani ZS) Engineering and Supervision Costs $ ( S I 000 (Testing, inspection, as -built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) n rn TOTAL ESTIMATED COST OF fMPROVFMFNTS aNCT $ Z3 4 ) 891 3666725 12/23/2009 10:56A Weld County, CO 9 of 15 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Dec 01 09 10:04a BRUCE KELLY 9706637534 p.1 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 By. By: Applicant Title \jpezl7(2- t,ns ry10*tc> Applicant SercP\-ekr Title epioL Cc -Jai tAr rn 5 Date rl /OC, , 20 n V\ Date \ J 2 (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) 111111111111 111111 111111 11111 III 1111111 III 111111 III 1111 3666725 12/23/2009 10:56A Weld County, CO 10 of 15 R 0.00 D 0.00 Steve Moreno Clerk & Recorder M:UAGREEMENTS1Exhibits\Exh A on-site.xls EXHIBIT B - Time Schedule (ON -SITE) & (OFF -SITE) Name of Subdivision, PUD, USR, RE,SPR:RrA Jt l *3 75 Filing/Caseh: Location:5CC- S- 3 ("5 Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following 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 (Leave spaces blank where they do not apply ) Time Schedule JON -SITE) (OFF -SITE) Site Grading Street Grading Jo.v.t,;,civ-9 10. t e t a Street Base : kvv 'Zs(' (,t,a erc c S Street Paving`•_--- ._--— t t Curbs, Gutters, and Culverts Sidewalk rt rv`n.v`-\ \Si t e I C 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/BAIP'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 Vzkj r t;.(Sci. i V- I ZC % 0 Landscaping RP -k\ 1 I Z e, \ L Park Improvements Telephone Gas Electric Water Transfer CGsI.eNre_kt SvA\ �Av.Nti.Y411ift7.C'IC Final Completion Date for Entire Project Pk9 \� e , zc'\'Cr e-' 3¢vvta.c'-V1 1S t'LGICI 111111111111 IIII1111111111111 III 1111111 III 111111 III liii 3666725 12/23/2009 10:56A Weld County, CO 11 of 15 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Dec 01 09 10:04a BRUCE KELLY 9706637534 p.2 EXHIBIT B - Time Schedule- Signature Page The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: Applicant Title By: t3 rt \c'e Applicant Src re k—c).r y Title e.r r,^S V�trc D,Stc:ct LIe Date z Date t,20Od1 (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) 111111 11111111111 IIIIII 11111 III 1111111 III IIIIII III 1111 3666725 12/23/2009 10:56A Weld County, CO 12 of 15 R 0.00 D 0.00 Steve Moreno Clerk & Recorder M:WGREEMENTSIExhibits\Exh B Time Schedule.xls lapaoaaa 1? Va10 ouaioyjl analS 000 0 00'0 la 54 to El 00 `Alunoo PPM Y9S:01 6001/EZ2l 51L999E HUH IIIIII 0111111111111111111111111111111111111111 ro/oVU xT wuo was moov'v vv Ava .)00 d9 uol>dW0)0 mgr ^"Wv9a NMOHS s' '31vnS 60/9l/£ `31v° 1.3IWSIO NV11nod0li13W SWIM /MO 38338 etc# M3IA3I! NYld 3LS 030N3WV 0Nf10210AY1d 1004 HONVN 3NVl NY3113d J33HS TWL auu 0 O Q rn J M >- 0— w Z >- < cc acc0 O EL W ~ U c o CC W W < Q J Z a J W 0 CERTIFICATIONS AMENDED SITE PLAN SITE GRADING PLAN, DETAILS N M 3°n fig, n a2E5° !V. ',flit 2 bit ts 2° as t 8 I 5 co W U 3 L i ti U fp, 6EJ3M Property Owner's Certificate: g • VI•! ▪ h a Eo= KW;Uyo 55ntg ow p9UT - 00 -432138.2 € 0, a a°m0 a3o 2 O m T 0 P oa T V5 �ooEo =0NCCOT gtEn; 90'3 b cU goo2g0o 4 0 • _- T C -0,9°9N3 `c s`oa m Oa p§ n8 O.2 815-1.1, n 08 On'o g cTF UQ Y9gT d V000 S-` a g ;Y C� ;°9VEO aS3: a 4,5:y0 GVO V ONO On Christine Hethcock, President b 0 2 Department of Planning Services' Administrative Review Certificate: This plot is accepted and approved for filing. 0 0 Department of Planning Ser roc Notary Public 9 O E W 0 H z Q U J 0- 0- w • — Z Q OF O O ry O v) GO OLQOm Or O17 � - w•p tci?co 3r— N_ ry WO t2O w 0 W m 5° Si 28 S= 2g sr ° S dords of section go 8 8= S ag ag a5$ 5'o S grad) , td e. W z O N 0 F F 0 w LU 0 w 0 LU o- Qo xo aw 00 20 cc 0_ wLU w �o a as -6a ii$`6 ego ro '11 a 5{ yff ii a o a o a 0 a00 pno a5ga z Fe2 Z < W0 Z 22 - <P _I Oil n 3 w 0w o u =00 foa .UN 6H aa¢ 5-cv;a0 OO0 0wU O J 0 0 s. 00 0,2 N 0 W 2a vwiw0 ¢0 az- x0 0 0 ? mw x0.0 cc az o ri 1.OIN1SI0 NV1110dO ll3W SW21VJ MVMO 38338 ONf102J0AVld 39 100d MOWN 3NV1 NVOIl3d 6L£O illI31A321 Mid 311S 030N3WV TILLL 0400 As SN0 SN3tl IIIIIIIIIiIIIIII111111IIIVIII111111111111VIII111111 vds/MOr uaevm NMOHS SV '3-WJs so/silt aiv° aapaoaaN x03tlA1un03 pjaM�V9S 01. 6002/EZ/ZI. 9ZL999E 1111111 111111 111 1111111 1111111 111111 111111 11111 1111111 %W Re uondHa.a mop WV8CI NMOHS SV '31V3S 60/9L/£ `ILVa 1.OINISla Md1110dON13W SW2NA MVNO 38338 6L£# M3IA3H NYld 3LS a30N3WV ONf10N0AY1d 'P 100d HONVN 3)IV1 NV3f13d S1IV13a ONIOVNO aNV 3LS 3112 5%1—'rvin pE-� Ins a \� t'ia-,77-7.777777 <W aBQ d° :fggcny 0-0g. og6 fsb$bg gea§m " r H 000 6. LANDSCAPING BY OTHERS. I gd s RE�6aF3 ! gyy3 g g F E" e p a It i4 F R S L 3 R I fg"s9399"sleg e3 U J u W `•Y R 8 6 'aJ 0 g A a fr e Q 8< W0<8 t52 ggb'aPk'52xgz 612�3WSmmN. 0 z C, J b s'0 aN$<� S crag ib^ *O Kim Ogle From: Sent: To: Subject: Kim, Esther Gesick Wednesday, December 02, 2009 5:00 PM Kim Ogle FW: Beebe Draw Farms Collateral Prior correspondence is listed below. Donna informs me you have some case file issues and some additional questions. If you speak with the McGeady Sisneros reps and determine this matter should be listed on a different date, please just let us know before the end of the day tomorrow. Thanks! Esther E. Gesick Deputy Clerk to the Board Weld County, Colorado 915 10th Street Greeley, CO 80631 (970)356-4000 X4226 (970)352-0242 (fax) Original Message From: Kristin Bowers[mailto:kbowers@mcgeadysisneros.com] Sent: Tuesday, November 24, 2009 12:21 PM To: Esther Gesick Subject: RE: Beebe Draw Farms Esther: This is a little different than other improvement agreements because it is the District completing the construction, not a private entity. The Improvement Agreement provides that the District will provide evidence that is has appropriated and budgeted sums sufficient to cover the costs of the improvements - there will not be a letter of credit, bond, or cash deposit. The District will be adopting a resolution at its Board meeting on December 1st evidencing the appropriation. We will get the Improvements Agreement and Resolution to you by the 2nd. Thanks. Kristin J. Bowers McGeady Sisneros, P.C. 450 E. 17th Avenue, Suite 400 Denver, CO 80203-1214 (303) 592-4380 phone (303) 592-4385 fax kbowers@mcgeadysisneros.com Please visit our new website: www.mcgeadysisneros.com 1 Original Message From: Esther Gesick [mailto:egesick@co.weld.co.us] Sent: Tuesday, November 24, 2009 12:18 PM To: Kristin Bowers Cc: Julia Dybdahl; Esther Gesick; Donna Bechler Subject: RE: Beebe Draw Farms Kristin, Will there be collateral associated with this agreement? If so, please have all signed originals and collateral submitted to our office no later than 5:00 p.m., Wednesday, December 2nd, or sooner if possible. That will allow our staff at least one day to get everything in order prior to the Agenda deadline which is 5:00 Thursday. Thanks! Esther E. Gesick Deputy Clerk to the Board Weld County, Colorado 915 10th Street Greeley, CO 80631 (970)356-4000 X4226 (970)352-0242 (fax) Original Message From: Kristin Bowers[mailto:kbowers@mcgeadysisneros.com] Sent: Tuesday, November 24, 2009 12:08 PM To: Esther Gesick Cc: Julia Dybdahl Subject: FW: Beebe Draw Farms Hi Esther: Per the email below from Bruce, can you please put on the BOCC December 7th agenda the approval of the attached Improvements Agreement? We are working on obtaining District signatures and will have that to you prior to the 7th. Thanks! Kristin J. Bowers McGeady Sisneros, P.C. 450 E. 17th Avenue, Suite 400 Denver, CO 80203-1214 (303) 592-4380 phone (303) 592-4385 fax kbowersOmcgeadysisneros.com Please visit our new website: www.mcgeadysisneros.com Original Message From: Bruce Barker [mailto:bbarker@co.weld.co.us] Sent: Tuesday, November 24, 2009 10:35 AM To: Kristin Bowers Subject: Re: Beebe Draw Farms December 7th. Please obtain signatures and send to Esther. Tell her I said OK for that day's agenda. Thanks! Original Message From: Kristin Bowers <kbowers@mcgeadysisneros.com> To: Bruce Barker Sent: Tue Nov 24 10:32:39 2009 Subject: RE: Beebe Draw Farms The information contained in this communication is confidential, may constitute inside information, is intended only for the use of the addressee, and is the property of McGeady Sisneros PC. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail and destroy this communication and all copies thereof, including all attachments. The information contained in this communication is confidential, may constitute inside information, is intended only for the use of the addressee, and is the property of McGeady Sisneros PC. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail and destroy this communication and all copies thereof, including all attachments. 3 Hello