HomeMy WebLinkAbout20091306.tiffRESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR USE BY SPECIAL REVIEW #1633 - SPICER RANCHES, LTD., C/O
BECKY MEYRING
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 September 3, 2008, the Weld County Board of Commissioners approved
Use by Special Review #1633, for Spicer Ranches, Ltd., 37440 County Road 43, Eaton, Colorado
80615, for an Agricultural Service Establishment primarily engaged in performing agricultural,
animal husbandry, and horticultural services on a fee or contract basis, including Commercial
Rodeo and Equine Center (indoor and outdoor) in the A (Agricultural) Zone District, on the following
described real estate, to -wit:
SW1/4 of Section 27, Township 7 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 According to Policy Regarding Collateral for Improvements between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and Spicer Ranches, Ltd., c/o Becky Meyring, with terms and conditions being as
stated in said agreement, and
WHEREAS, the Board has been presented with check #8073 from Spicer Ranches, LTD.,
in the amount of $7,000.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said check 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 between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Spicer Ranches, Ltd., c/o Becky Meyring, be, and hereby is,
approved.
BE IT FURTHER RESOLVED that check #8073 from Spicer Ranches, LTD., in the amount
of $7,000.00, be and hereby is, accepted.
2009-1306
PL0756
(0'. Pt, Pi o, iff)-4- c) 7 /a3 /o g
IMPROVEMENTS AGREEMENT - SPICER RANCHES, LTD., C/O BECKY MEYRING
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 8th day of June, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT. v' OLORADO
ATTEST:
Weld County Clerk to the Board
BY
Deputy
APPR
erk to the Board
y Attorney
David E. Long
Date of signature. e-v%/W7
Garcia, Chair
r� ademacher, Pro-Tem
Conway
4
ra Kirkmeyer
2009-1306
PL0756
IMPROVEMENTS AGREEMENT ACCORDING TO
100 POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Spicer Ranches LTD — USR-1633
THIS AGREEMENT, made and entered into this N` day of ,r ,r�fl
by and between the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter called "County," and Spicer Ranches LTD, hereinafter called
"Property Owner."
WITNESSETH:
WHEREAS, Property Owner is the owner of, the following described property in the
County of Weld, Colorado:
Part of the SW 1/4 of Section 27, Township 7 North,
Range 65 West of the 6th P.M., Weld County,
Colorado and
hereinafter referred to as "the Property," and
WHEREAS, Property Owner has acquired land use permits from County for an Agricultural
Service Establishments primarily engaged in performing agricultural, animal husbandry, and
horticultural services on a fee or contract basis, including Commercial Rodeo and Equine Center
(indoor and outdoor) on approximately 18 acres on the above described real property, and the
County is currently in the process of considering an Use -by -Special Review for the Property
(USR-1633), and
WHEREAS, the Property Owner acknowledges that the issuance of USR-1633 is conditional
upon Property Owner's performance of the on -site and off -site improvements which are
described in this Agreement and depicted in a set of plans provided by Property Owner
(hereinafter referred to as "Plans"), a copy of which is attached to this Agreement and made a
part hereof, and
WHEREAS, Property Owner acknowledges that it may not engage in any activity related to the
businesses described above until said improvements have been completed, and
WHEREAS, the parties agree that Property Owner shall not be required to commence work on
the on -site or off -site improvements, nor to provide collateral for said improvements until
Property Owner submits an application for grading.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein, the parties hereto promise, covenant and agree as follows:
A. Required Off -Site Improvements: Non Applicable
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B. Haul Routes: Non Applicable
C. Road Maintenance Requirements: Non Applicable
D. On -Site Improvements:
1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and
maintain the landscaping of the property. Specifically, Property Owner shall at its own expense,
plant, install and maintain all trees, grass and shrubs and other landscaping described and
enumerated on Exhibits A and B which are attached to this Agreement. Additionally, the
Property Owner shall install and maintain fencing to screen the exterior of the property.
Specifically, Property Owner shall at its own expense install and maintain fencing described and
enumerated on Exhibits A and B which are attached to this agreement.
2.0 On -Site Grading, Drainage Facilities and Paving: Property Owner shall, at its
own expense, grade, pave specified roadway portions, and install accepted drainage facilities, in
the interior portion of the property in accordance with the directives of the Weld County
Department of Public Works and Department of Planning, as described in Exhibits A and B
which are attached to this Agreement. Additional infrastructure improvements will be addressed
at the time of application for an amended USR.
3.0 Signage: Specific signs to be installed will include the following as well as those
shown on accepted construction plans -
a. Stop sign at exit onto WCR 43
b. Flood Hazard signs at parking area adjacent to arena
c. On site parking sign for vehicles
d. On site parking sign for vehicles with trailers
e. No overnight parking sign
4.0 Timing of Improvements: Property Owner shall not be required to complete the
landscaping requirements until the occurrence of the triggering event for all improvements,
namely the application of the grading permit or an amendment to the existing USR. At that time,
Property Owner agrees that all landscaping shall be completed within the parameters established
in Exhibit B.
E. General Requirements:
1.0 Engineering Services: Property Owner shall furnish, at its own expense, all
engineering services in connection with the design and construction of the improvements listed
on Exhibit "A," according to the construction schedule set forth in Exhibit "B," both of which
are attached hereto and incorporated herein by reference.
CLERK TO THE BOARD
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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 profiles, estimates, construction supervision,
and the submission of necessary documents to the County.
1.3 Property Owner shall furnish construction drawings for the road
improvements on public rights -of -way or easements and all improvements
interior on the Property for approval prior to the letting of any construction
contract.
2.0 Rights -of -way and Easements: Before commencing the construction of any
improvements herein agreed upon for public rights -of -way or easements, Property Owner shall
acquire, at its own expense, good and sufficient rights -of -way and easements on all lands and
facilities traversed by the proposed improvements. All such rights -of -way and easements used
for the construction of roads to be accepted by the County shall be conveyed to the County and
the documents of conveyance shall be furnished to the County for recording.
3.0 Construction: Property Owner shall furnish and install, at its own expense, the
improvements listed on Exhibit "A," which is attached hereto and incorporated herein by
reference, with the improvements interior to the Property being completed by the dates set forth
on Exhibit "B", and improvements to public rights -of -way or easements being completed also in
accordance with the schedule set forth in Exhibit "B" The Board of County Commissioners, at its
option, may grant an extension of the time of completion stated herein upon application by the
Property Owner.
3.1 Said construction shall be in strict conformance to the plans and drawings
approved by the County and the specifications adopted by the County.
3.2 Property Owner shall employ, at its own expense, a qualified testing
company previously approved by the County to perform all testing of
materials or construction; and shall furnish copies of test results to the
County.
3.3 At all times during said construction, the County shall have the right to
test and inspect, or to require testing and inspection of material and work,
at Property Owner's expense. Any material or work not conforming to the
approved plans and specifications shall be removed and replaced to the
satisfaction of the County at Property Owner's expense.
3.4 Said USR 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
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extension of the time of completion of items shown on Exhibit "A" upon
application of the Property Owner subject to the terms of Section 6 herein.
3.5 "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 written
acceptance from the County Engineer.
4.0 Release of Liability: Property Owner shall indemnify and hold harmless the
County from any and all liability loss and damage County may suffer as a result of all suits,
actions or claims of every nature and description caused by, arising from, or on account of said
design and construction of improvements, and pay any and all judgments rendered against the
County on account of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by County in defending such suit, action or claim whether the liability,
loss or damage is caused by, or arises out of the negligence of the County or its officers, agents,
employees, or otherwise except for the liability, loss, or damage arising from the intentional torts
or the gross negligence of the County or its employees while acting within the scope of their
employment. All contractors and other employees engaged in construction of the improvements
shall maintain adequate worker's compensation insurance and public liability insurance coverage,
and shall operate in strict accordance with the laws and regulations of the State of Colorado
governing occupational safety and health.
5.0 Warranty of Road Improvements: Non Applicable
6.0 Acceptance of Improvements by the County: Upon compliance with the
following procedures by the Applicant, the improvements shall be deemed accepted by the
County.
6.1 If desired by the County, portions of the improvements may be placed in
service when completed according to the schedule shown on Exhibit "B,"
but such use and operation shall not constitute an acceptance of said
portions.
6.2 County may, at its option, issue building permits for construction on lots
for which the 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 USR improvements in that
phase of the USR is satisfactory to the County, and all terms of this
Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of improvements within the USR and
the filing of a Statement of Substantial Compliance, the applicant(s) may
request in writing that the County inspect the improvements and
recommend that the Board of County Commissioners partially approve
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them. Not sooner than nine months after partial acceptance, the County
Engineer shall, upon request by the applicant, inspect the subject
improvements, and notify the applicant(s) of any deficiencies. The
County Engineer shall reinspect the improvements after notification from
the applicant(s) that any deficiencies have been corrected. If the County
Engineer finds that the improvements are constructed according to County
standards, he or she shall recommend full acceptance. Upon a receipt of a
positive unqualified written recommendation from the County Engineer
for acceptance of improvements within the USR, the Board of County
Commissioners shall fully accept said improvements as public but with
private pay.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County to guarantee
completion of the improvements listed in Exhibits "A," must be equivalent
to One -Hundred percent (100%) of the value of the improvements as
shown in this Agreement.
7.2 Collateral must be submitted upon the approval of this Agreement by the
Board of County Commissioners.
7.3 Collateral may be in the form of a cash deposit made with the Board in an
amount equivalent to one hundred percent (100°A) of the value of the
improvements set forth in the Improvements Agreement.
8.0 Request for Release of Collateral: Collateral shall be released in accordance with
the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire
project or for a portion of the project by Weld County, the Property Owner must present a
Statement of Substantial Compliance from an Engineer registered in the State of Colorado that
the project or a portion of the project has been completed in substantial compliance with
approved plans and specifications documenting the following:
8.1 The Engineer or his representative has made regular on -site inspections
during the course of construction and the construction plans utilized are
the same as those accepted by Weld County.
8.2 For the improvements to public rights -of -way or easements, test results
must be submitted for all phases of this project as per Colorado
Department of Transportation (CDOT) Schedule for minimum materials
sampling, testing and inspections found in CDOT Materials Manual.
8.3 "As -built" plans shall be submitted at the time the letter requesting release
of collateral is submitted. The Engineer shall certify that the project
"as -built" is in substantial compliance with the plans and specifications as
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approved, or that any material deviations have received prior written
acceptance from the County Engineer.
8.4 The Statements of Substantial Compliance must be accompanied, if
appropriate, by a letter of acceptance of maintenance and responsibility by
the appropriate utility company, special district or town for any utilities.
8.5 Following the submittal of the Statement of Substantial Compliance and
written recommendation of acceptance of the improvements by the
County, the Property Owner may request release of the collateral for the
project or portion of the project by the Board. This action will be taken at
a regularly scheduled public meeting of the Board.
8.6 For improvements to public rights -of -way or easements, and private
property, 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 company. The warranty collateral shall be
released to the Property Owner following the expiration of the warranty
period upon final written acceptance by the Board of County.
9.0. Successors and Assigns: Except as specified below, this Agreement may
not be delegated or assigned in whole or in part by either party hereto without the express written
consent of the other party and the written Agreement of the party to'whom the obligations under
this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably
withheld. Notwithstanding the previous two sentences, the obligations to improve and maintain
the improvements outlined in this Agreement may be delegated to a purchaser of a portion or all
of the Property or business operation conducted thereon, provided further that County's consent
to such does not relieve Spicer Ranches LTD of any obligations under this Agreement.
Notwithstanding any other provisions of this Agreement or of this paragraph, County may
delegate or assign its rights and obligations under this Agreement without the consent of
Property Owner (or its assigns, delegates or successors in interest) to another governmental
entity which by annexation or agreement has assumed jurisdiction over the roads affected by this
Agreement. This Agreement shall be binding upon the heirs, executors, personal representatives,
successors and assigns of the Property Owner, and upon recording by the County, shall be
deemed a covenant running with the land herein described.
10.0. County Engineer: All references in this Agreement to "County Engineer" shall
refer to the any individual or individuals appointed by the County Engineer to act on his/her
behalf.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
PROPERTY
OWNER:
•
g(AR%r\
`G i 0
R'U&� .-,e'' PROPERTY
..;:,:c.7 ` OWNER:
Subscribed and sworn to be ore me this 2-1 day of ij/1 i , 01 .
ATTEST:
Weld County Clerk to
BY:
Deputy Clerk • the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COL9,RADO
APPROVED AS TO FORM: (A
5(, ounty dtorney
William F. Garcia, Chair JUN _ 8 'LUUY
IIIIII 11111 IIIIII III IIIIIIII IIII IIIIII III VIII IIII IIII
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Der -/,3ne,
EXHIBIT A - Cost Sheet (ON -SITE)
Piling/Case a:
Location:
WCR's 43 & 76
Name of Subdivision, PUD, USR, RE, SPR: "Spicer Ranches, LTD" USR-1633
& cky
Personnel Contact: Name -Key Meyring
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements.
Title: Owner
Phone: (806) 676-9870
Improvements
(Leave spaces blank where they do not apply)
(ON -SITE)
Quantity
Units
Unit Costs ($)
Estimated
('o, ctrnrfion Cost is,
Site Grading
Street Grading
Street Base/Gravel for Parking
$1,125.01
Street Paving/Handicap Parking
$1,300.01
Curbs, Gutters, and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention/Detention Ponds
$1,500.0(
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Sanitary Sewers/Sewage Facilities
Sanitary Sewer Forced Main
Erosion Control Measures/BMP's
Laterals (house or building connected)
Water Supply and Storage
Water Mains (includes bore)
Fire Hydrants
Survey, Street Monuments/Boxes
Parking ArealC'urb Stops
$600.01
Street Lighting
Street Names
Signage & Pavement Marking
$200.01
Fencing Requirements
Landscaping/Seeding
$280.01
Park Improvements
Telephone
VIII MI IIMI
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County, CO
Clerk & Recorl_Q r
Gas
MIME 11111111111
Electric
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Water Transfer
Handicap Accessibility/Hand Rails
$600.0(
SUB -TOTAL:
$5,605.0(
(Testing, inspection, as -built plans and work in addition to preliminary and
Engineering and Supervision Costs ($) final plat; supervision of actual construction by contractors eilaWill
/3`ls.i
'7CCG
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION ($)
EXHIBIT "B"
Name of Subdivision
or Planned Unit Development
�J 2�
Filing: sS ti —C7
\� �� Ic
Location: VV
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 /6A��'g t.
Street paving /41At.IO l
Curbs, gutter , and culverts
k2,
er f
Gvfa
orS
Sidewal AetI151t, ' ACCESS
Storm se acilitigs
Retention pond
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 / e"l G NA‘="1--
Fencing requirem nts �nn� l
Landscaping �SE�t�1f�G1 7 rt t 5/ 12 3t' 0 1
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water Transfer
SUB -TOTAL:
tip♦ —Y
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714An/12-31—OS
3Mm/8- 31- 0,1
12-31- c'°l
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1-0-1
'3 WW1' aci
7W(�1(5 t L - n - �1
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10
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
Applicant
)
Title
Date: 5. zE, , 20 09 .
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
11111111111111111 III 11111111 IIII 111111 III 111111 III PHI
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11
FROM :PRWNEE BUTTES SEED INC
FAX NO. :9703567263
Feb. 12 2009 03:06PM P1
,fe-5Y3v-v�or
Z Pawnee Buttes Seed Inc.
P.O. Box 100, 605 25th Street
Greeley, CO 80632
970-356-7002, 1-800-782-5947, 970-356-7263 fax
Email: infc@PawneefuttesSeed.cona
www.PawnceButtosSeed.com
2009 Pawnee Buttes Dryland Aggressive Pasture Mix
Common Name
Green Needlegrass
Slender Wheatgrass
Western Wheatgrass
Pubescent Wheatgrass
Intermediate Wheatgrass
Russian Wildrye
Scientific Name % of Mix
Nassella viridula
Elymus trachycaulus
Pascopyrum smithii
Elytrigia intetmedia
Elytrigia Intermedia
Psathyrostachys juncea
Cool/Warm Ht (ft) Bunch/Sod
18 Cool 1.5-3.5
18 Cool 1.5-4'
18 Cool 1-3'
18 Cool 2-4'
18 Cool 2-4'
10 Cool 1.5-3'
Species and/or % may change depending on availability.
Seeding rate: 10# per acre drilled, 20# per acre broadcast
Price: (based on 50# purchase): $3.30 per pound X 10 pounds per acre = $33.00 per -acre.
3, DO/ye Le `-f"L'a 5/Ge r►1
14w/ &vW e r" 5
Bunch
Bunch
Sod
Sod
Sod
Bunch
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/Sere-- gese15).
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42. Clare
PAGE III"RCVD AT 2112120095:04:41 PM (Eastern Standard Timer SVR:NYCAMRFXS02144DMS:222220648"CSID:9703567203"DURATION (mm•ss):00.50
Ramon Garza
Cell: 970-405-5456
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APR -10-2009 09:49 From:
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QUOTATION/PROPOSAL
Chaparral Enterprises, LLC
20509 WCR 88
Ault, CO 80610
(970) 834-1557
TO;
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SALESPERSON
No.
DATE
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INQUIRY NO.
ESTIM4TED
From reebipt
of order
DELIVERY
TERM
DI
FO.B.
LH1t1tk
FOLLOW UP DATE
QUANTITY DESCRIPTION
FRICE UNIT AMOUNT
lit
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MOVE PRICES GOOD FOR3O DAYS.
PI EASE REFER TO THEA&OVE QUOTATION NUMBER WHEN PLACING YOUR ORDER. SIGNATURE
CAdarrs QUOTATION/PROPOSAL
MOM,
'PAY. TO THE $
Q ��
OFIDFA OF -
FARMERS BANK
(970) 834-2121
119•,tst , Ault, CO 80610
: 82=7409/3070.
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MEMO P 14117/lyt�,Q%'fl.`"hil
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aar.
COLORADO
TO:
DATE:
FROM:
SUBJECT
MEMORANDUM
Board of County Commissioners
June 5, 2009
Kim Ogle, Planning Services
Acceptance of Personal Check
Spicer Ranches, Ltd., USR-1633
do Becky Meyring, applicant
On May 29, 2009, the Department of Planning Services received a personal check number 8073
from Spicer Ranches Ltd. signed by Coy Meyring in the amount of seven thousand and no/ 100s
(7000.00) dollars for the outstanding improvements associated with the facility identified as
Spicer Arena, USR-1633.
Items covered under this check include:
Street Base, Gravel for Parking Areas
Street Paving, Handicap Parking Area
Retention/Detention Ponds
Parking Area, Curb Stops
Signage and Pavement Marking
Landscape/Seeding
Handicapped Accessibility, Hand Rails
December 31, 2009
August 31, 2009
August 31, 2009
December 31, 2009
August 31, 2009
December 31, 2009
August 31, 2009
Total Estimated Cost of Improvements and supervision
$ 1125.00
$ 1300.00
$ 1500.00
$ 600.00
$ 200.00
$ 280.00
$ 600.00
$ 1395.00
The Weld County Attorney, the Department of Public Works and the Department of Planning
Services, have determined that the amount of the agreement will be sufficient to complete the
work required for on -site improvements for Spicer Ranches, Ltd., c/o Becky Meyring, and the
Department of Planning Services recommends acceptance of this cash deposit.
2009-1306
DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
918 Tenth Street
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE (970) 353-6100, EXT. 3549
FAX (970) 304-6498
May 27, 2009
Becky Meyring
Spicer Ranches and Arena
37440 County Road 43
Eaton, Colorado 80615
Subject: Field Investigation, USR-1633
Dear Ms. Meyring:
The Departments of Public Works and Planning Services visited this property on the morning of Tuesday
May 19, 2009 for the purposes of determining if the proposed site improvements were constructed as the
approved plans. Our findings are as follows:
Culvert, Drainage Swale and Detention Pond
Visual inspection of the property determined that the drainage detention pond was not constructed as
designed. Further, the side slopes, top of bank and associated disturbed areas have not been drilled or
stabilized with the Pawnee seed mix as proposed. The proposed concrete rubble rip -rap was not hand
placed on site per the approved change order. The concrete rubble appeared to have been placed by
front end loader and is not compacted, thereby not meeting the design intent of he approved plans. Staff
will perform a follow-up inspection for these items. Cast -in -place concrete for the weir structure, including
the metal top grates, riprap of concrete rubble and grading of the detention pond require rework, the
County will require collateral to be posted for these line items and also require collateral to be posted for
the stabilization of all areas disturbed by the construction, including the drainage swale, side slopes and
edge conditions.
Parking Areas
The parking area has had several courses of Class 6 road base placed in areas associated with vehicular
and trailer parking. Visual inspection of the property determined that approximately forty -percent of the
site has material placed in situ. Additional material is to be placed and graded on site in all areas where
vehicular circulation and parking will occur. Staff will perform a follow-up inspection for this item.
On -Site Signs
The "No Overnight Parking — WARNING Parking Lot May Flood" signs have not been installed and
currently lay on the ground near the building. These signs shall be permanently installed in the
appropriate areas on site, one near the access bridge and the second within the south parking area. The
north parking area will not be posted. The "Trailer Parking" directional signs (2 present on site) and are
mobile as the post is in concrete inside of a vehicle tire. This is acceptable. All signs will be in -situ and
posted prior to release of collateral associated with this project.
Building Ingress, Egress and ADA Standards
There are several man doors present for this arena facility. Each has a door swing that swings away from
the building thereby meeting the intent of emergency egress in case of internal emergency. The concrete
36" x 36" (3 feet by 3 feet) pad outside of the door does not meet the intent of the Americans with
Disabilities Act as the pad is not of the correct size, the slope of the pad may be greater than allowable,
and, there are no hand rails, no taper and no accessible ramp in place that would allow non -ambulatory or
restricted ambulatory persons from effectively exiting the structure and moving away from the building.
The area, per the ADA Standards has not been paved and is at a greater slope than is allowable. The
property owner will be required to place stop blocks at each space to protect the building for intrusion by
vehicle. The utilization of Class 6 road base in this location is not acceptable. This issue shall be resolved
immediately given that the property owner continues to hold events in this facility. The Department of
Planning Services requests that the property owner, their architect or their engineer contact this office
immediately to determine the applicable approach for resolution of this issue.
Landscape Treatment, Islands, Seeding, Fencing, Temporary Lighting
As previously stated the side slopes and bottom of the drainage swale do not appear to be seeded or
crimped. The landscape islands, consisting of double rows of wood timbers are not in place.
Given the significant progress to the new improvements required of the applicant, this office will require
the submittal of a signed improvements agreement and the submittal of collateral.
Road Impact Fee
Public Works in a Memorandum dated January 12, 2009 to Thomas Honn, Planning Director, recommends
that USR-1633 Spicer Ranch Arena be assessed $509.00 per 1000 square feet, a total of $33,517.00. A fee
payer affected by the administrative decision of the Director on an Independent Fee Calculation Study may
appeal such decision to the Board of County Commissioners, by filing with the Director within ten (10) days of
the date of the written decision a written notice stating and specifying briefly the grounds of the appeal. There
has been no written evidence of an appeal of this decision, therefore the fee remains outstanding. This is a
separate fee that requires payment prior to recording the USR-1633 plat.
It is the intention of both County departments to work with you and your consultants to rectify these issues
in a timely and orderly manner. It is also our intention to allow the continued operation of the facility, with
the compliance issues identified here corrected and/ or resolved to a mutual agreed understanding.
Should you have questions or concerns, please contact Don Dunker with Public Works at 970.356.4000
extension 3750 or myself, Kim Ogle, Department of Planning Services at 970.353.6100 extension 3549.
Thank you.
Sincerely,
ti
Kim
Planning Services
Enclosures: Old Format Improvements Agreement and Check
pc: S. Arries, Attorney's Office
D. Dunker, Public Works
R. Hastings, Public Works
T. Honn, Planning Services
A. Siron, Compliance
L. Dodge, Building
File: USR-1633
Kim Ogle
From:
Sent:
To:
Cc:
Subject:
Kim,
Don Dunker
Monday, June 01, 2009 8:37 AM
Kim Ogle
Donald Carroll; Don Dunker; Richard Hastings
USR-1633 - Spicer Ranches
The Exhibit A and B for Spicer Ranch, USR-1633 is acceptable to Public Works. Let me know
if you have any questions.
Thanks,
Don Dunker, P.E.
Weld County Public Works
1111 H Street
Greeley, CO 80631
phone: 970.304.6496 ext. 3749
fax: 970.304.6497
ddunker@co.weld.co.us
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