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Home My WebLink About20091237.tiffRESOLUTION 513 RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR SITE PLAN REVIEW, SPR #308 - JOHN HEFFLEY 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 December 10, 1999, the Department of Planning Services approved the application of John Heffley, 1380 Devils Gulch Road, Estes Park, Colorado 80517, for an office and warehouse facility on the following described real estate, to wit: Lot 10, Block 2, Sekich Business Park; located in the SW1/4 of Section 23, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on July 17, 2000, the Board of County Commissioners of Weld County, Colorado, approved 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 John Heffley, with terms and conditions being as stated in said agreement, and accepted Irrevocable Letter of Credit #125, drawn on United Valley Bank, 363 East Elkhorn Avenue, P.O. Box 2270, Estes Park, Colorado 80517, in the amount of $27,600.00, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a visual inspection and recommend release of said collateral. It has been determined that the property has been annexed into the Town of Mead, as is evidenced by the Sekich Business Park Annexation No. 6 Plat; reception number 3611994, dated March 20, 2009. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Irrevocable Letter of Credit #125, drawn on the United Valley Bank, in the amount of $27,600.00 be, and hereby is, canceled and released. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said collateral to the appropriate issuing party. 1111111111111111111111111I1111111111111 III 1111111111111 3627513 06/04/2009 11:30A Weld County, CO PL1425 2009-1237 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 4( ?C.( tr; CANCEL COLLATERAL - JOHN HEFFLEY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of May, A.D., 2009. ATTEST: Weld - aunty Clerk to the Bo BY. z LIP Dep Clerk APPROV u ty Attorney Date of signature �z7/o7 I 1111111111111111111111/III111111IIIIIIIIIIIII/III/III 3627513 06/04/2009 11:30A Weld County, CO PL1425 2 of 2 R 0.00 0 0.00 Steve Moreno Clerk & Recorder BOARD OF C•- Y COMMISSIONERS WELD O N ! • LORADO am F. Garcia, Chair demacher,Pro-Tem Sean P. Conway ara Kirkmeye () David E. Long 2009-1237 Attz. COLORADO MEMORANDUM TO: Board of County Commissioners DATE: May 20, 2009 FROM: Kim Ogle, Planning Services , APPROVED BY: Thomas E. Honn, AICP, Director of Planning Services SUBJECT: Site Plan Review # 308 Full Release of Irrevocable Letter of Credit Collateral John Heffley, Aspen Rock Crane & Equipment Co., Inc. Staff from the Department of Planning Services conducted a field inspection on Friday May 8, 2009 and determined that the property had been annexed into the Town of Mead as is evidenced by the Sekich Business Park Annexation No. 6 Plat; reception number 3611994 dated March 20, 2009. Given this action by the Town of Mead, the Department of Planning Services recommends to release in full, Irrevocable Letter of Credit from United Valley Bank on behalf of John Heffley, for an office and warehouse facility located at Lot 10, Block 2 of Sekich Business Park, case number SPR-308, in the amount of twenty-seven thousand six hundred and no/100s dollars ($27,600.00) PC: R. Hastings, PW D. Carroll, PW S. Arries, CA File: SPR-308 N O N Ci O3 C3 CD -T" r i DC_ rn --t w C!1 2009-1237 SEKICH BUSINE & 29 // O CO CC : Is an ,L.Nnco 0132 01 ©ter GE -I 38W 0231111 \ CZ tti 30 oo co ce ( § 632 111111111111111111 111111 I 111111111111111111 111 11111 1111 111 3605632 02/17/2009 02:16P Weld County, CO 1 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder ANNEXATION AGREEMENT SEKICH BUSINESS PARK ANNEXATION NO. 6 JHIS ANNEXATION AGREEMENT (hereinafter "AGREEMENT") is made and entered this y day of C;615 2009, by and between NSN Group LLC and SNH LLC, 4325 Hilltop Rd, Longmont, CO 80504-9682, hereinafter referred to as the "ANNEXOR," and the Town of Mead, a municipal corporation of the State of Colorado, hereinafter referred to as "Mead" or "TOWN." WITNESSETH: WHEREAS, the ANNEXOR desires to annex to the Town of Mead the following described unincorporated territory in the County of Weld and State of Colorado, to -wit: A PARCEL LOCATED IN THE SOUTH HALF OF SECTION 23, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6T" P.M., COUNTY OF WELD, STATE OF COLORADO, being more particularly described in Exhibit A. WHEREAS, the TOWN wishes to control its growth in a planned and orderly fashion, maintaining and improving quality of life and the TOWN's ability to provide and enhance environmental amenities, services and local opportunity for its citizens; and, WHEREAS, ANNEXOR wishes to develop the PROPERTY for uses compatible with its objectives and those of TOWN; and WHEREAS, ANNEXOR acknowledges that upon annexation, the PROPERTY will be subject to all ordinances, resolutions, and other regulations of the Town of Mead, as they may be amended from time to time; and WHEREAS, the parties mutually recognize and agree that it is necessary and desirable for orderly development that the TOWN be the source of necessary urban services for property to be developed, such as police protection, and local government administration; and WHEREAS, the parties agree that it is in the public interest of the parties hereto to enter a written agreement as to the overall plan of development, including location and dedication of public ways and public areas, zoning, dedication of water rights and location and payment regarding roads, utilities and other improvements; and WHEREAS, ANNEXOR acknowledges that the need for conveyances and dedication of certain property, including but not limited to property for streets, rights -of -way and easements, parks and open space, utility facilities and other public improvements, to TOWN as contemplated in this AGREEMENT are directly related to and generated by the development intended to occur within the PROPERTY and that no taking thereby will occur requiring any compensation; NOW, THEREFORE, in consideration of the foregoing covenants, promises and agreements of each of the parties hereto, to be kept and performed by each of them, it is agreed by and between the parties as follows: Mn.,, Agreement SBP 8 . Draft I ."yd 9/9/08 3:31 pm Page 1 of 19 11111111111 HMI 11111111 11111 MEIII 11111 IIII IIII 3606632 02117/2009 02:16P Weld County, CO 2 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder 1. BASIC INTENT. The intent of this AGREEMENT is to set forth the basic requirements for annexation and development of the PROPERTY described above. This AGREEMENT shall be binding upon the parties and may not be modified except by further written agreement. 2. DEVELOPMENT. The ANNEXOR agrees that the PROPERTY annexed shall be developed in general conformity with TOWN comprehensive plans, subdivision regulations, zoning code, building codes and other applicable statutory and local requirements including, without limitation, those pertaining to subdivision, land use, streets, storm drainage, utilities, landscaping, parks and open spaces and flood control. The TOWN and the ANNEXOR further agree that the TOWN may amend the TOWN's comprehensive plans, subdivision regulations, zoning code, building codes and other applicable statutory and local requirements from time to time as needed to address changing effects upon the TOWN's infrastructure, administration and delivery of governmental services because of development occurring within the TOWN. The TOWN and the ANNEXOR agree that such plans, regulations, codes and other statutory and local requirements are directly related to and generated by development intended to occur within the PROPERTY and that no taking thereby will occur requiring any compensation. a. Land Use. The ANNEXOR desires "Industrial" land use, in accordance with the land use categories contained in Chapter 16, Mead Municipal Code. The parties recognize that it is the intent and desire of the ANNEXOR to develop the PROPERTY in a manner generally consistent with the land use requested and that the granting of such land use by the Town of Mead is a condition to annex the PROPERTY. All residential, commercial and industrial construction will be subject to the types and intensities of land use permitted pursuant to Chapter 16, Mead Municipal Code in effect on the date when building permit applications are filed. b. Phased Development. TOWN and the ANNEXOR recognize that property development is subject to market conditions. To assure TOWN that the development of the PROPERTY proceeds in an orderly manner, ANNEXOR may phase the development. Conceptual Plan. If phased development is utilized, a "Conceptual Plan" for the PROPERTY must be provided in accordance with Sec. 16-4-80 of the Mead Municipal Code. II. Final Plan. For each development phase, a "site specific development plan" in the form and substance of a "Final Plan" in accordance with Sec. 16-4-90 of the Mead Municipal Code must be submitted to the Mead Planning and Zoning Commission and the Board of Trustees for review and approval. The "site specific development plan" shall be in general conformance with the "Conceptual Plan" for the PROPERTY, as approved and/or amended by the Board of Trustees. MOM Agreement • SBP B. Draft 1.wpd 94008 3:31 pm Page 2 of 19 111111111111111111IIIIBIII111111111111III11111III!1111 3605632 02/17/2009 02:16P Weld County, CO 3 of 19 R 96.00 0 0.00 Steve Moreno Clerk & Recorder 3. MUNICIPAL SERVICES. TOWN agrees to provide the PROPERTY with all of the usual municipal services in accordance with this agreement, and the ordinances and policies of the TOWN, which services shall include, but are not limited to, general government administration, police protection, and all other services customarily and currently provided by the TOWN in the area to be annexed. The ANNEXOR acknowledges, agrees and accepts that the TOWN does not provide electricity, water, sewer, natural gas services or fire protection services to the area to be annexed. The TOWN and the ANNEXOR agree that the provision or non -provision of such municipal services by the TOWN or by another entity is directly related to and generated by development intended to occur within the PROPERTY and that no taking thereby will occur requiring any compensation. a. The parties agree that the provision of municipal services in outlying areas is not always economically feasible. Therefore, the TOWN agrees to allow and to assist ANNEXOR in obtaining service from other entities in such outlying areas. Such non -municipal entities including, but are not limited to, Public Service Company of Colorado, United Power, KN Energy, Inc., St Vrain Sanitation District, and the little Thompson Water District. b. ANNEXOR agrees to petition for inclusion of the PROPERTY into the St. Vrain Sanitation District, Northern Colorado Water Conservancy District, St. Vrain Valley School District RE1J, and the Mountain View Fire Protection District within thirty (30) days of the effective date of the annexation, if the PROPERTY is not already included within said districts. ANNEXOR appoints the Town Clerk as its agent for the purpose of petitioning for inclusion into said special districts, in the event ANNEXOR fails to do so, and ANNEXOR agrees to pay all costs associated therewith. c. Nothing in this Agreement shall provide the ANNEXOR with priority for utility, public safety, and other public services by the TOWN. If utility, public safety, or other public services are not available to coordinate with the ANNEXOR's development schedule, the ANNEXOR shall either delay development until funding becomes available, or fully advance funds necessary to accelerate the services' availability and priority, according to the TOWN's policies and regulations, and the provisions of this Agreement. 4. PUBLIC IMPROVEMENTS. ANNEXOR agrees to design, construct and install at his sole cost and expense, in accordance with TOWN approved plans, all public improvements within or adjacent to the PROPERTY and serving the PROPERTY including but not limited to water distribution, sewage collection, gas service, electric service, street and trail lighting, streets, curb, gutter, sidewalks, storm sewer lines, storm drainage improvements, fire hydrants, pedestrian and non -motorized trails, street median/ boulevard and subdivision entryway landscaping and park improvements. All the above described public improvements shall be constructed to Town standards, or where applicable, to the standards of the utility or fire protection district providing the service. All utilities shall be placed underground. The TOWN and the ANNEXOR agree that such public improvements are directly related to and generated by development intended to occur within the PROPERTY and that no taking thereby will occur requiring Mnex Agreement- SBA 6 - Draft 1.epd 9,9/08 131 pm Page 3 of 19 1111111 1111 111111 DEMI 111111111111 III 1111111111E 3605632 02117/2009 02:16P Weld County, CO 4 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder any compensation. a. All public and private roads shall be constructed to TOWN standards. Trails shall be constructed as an integral feature of the development, in accordance with TOWN construction standards. All public roads, trails and right-of-ways shall be dedicated to TOWN. TOWN will install, at ANNEXOR's expense, street name signs, striping, stop signs, speed limit and other signs on all streets, in accordance with the Model Traffic Code, as from time to time amended, and other applicable legal requirements. b. Lights along streets and trails shall be installed in accordance with plans approved by the electric service provider and the TOWN. The type of light shall be chosen by TOWN. c. Utilities and streets shall be sized to provide for development of the PROPERTY and to accommodate the development of adjacent property. ANNEXOR may be required to oversize utilities and construct off -site improvements to utilities and transportation infrastructure benefitting the PROPERTY or to accommodate future development within the area. Said oversizing of utilities and off -site improvements to utilities and transportation infrastructure may be eligible for reimbursement by the TOWN, future developers, or users of the facilities. Any reimbursements to the ANNEXOR shall be subject to a separate Memorandum of Agreement for Public Improvements (MOAPI). d. ANNEXOR agrees to provide to TOWN, a two (2) year guarantee, from the time of conditional acceptance of construction, for all improvements. If requested by TOWN, ANNEXOR agrees to dedicate to TOWN any or all required improvements. e. ANNEXOR agrees to enter into a MOAPI pertaining to such improvements and other matters before any development of the PROPERTY. The construction of public improvements shall be subject to any reimbursement that may be provided for in the MOAPI. f. ANNEXOR agrees to pay the full cost of relocating existing utilities that may be required by the development of the PROPERTY. All existing overhead utilities within the PROPERTY or in road right-of-ways adjacent to the PROPERTY, including but not limited to electric or telecommunications lines and cables shall be relocated underground. Facilities designed for the transmission or distribution of electric energy at voltages greater than 15,000 volts shall be exempt from this requirement. g. If the ANNEXOR cannot acquire an off -site easement or rights -of -way necessary to develop the PROPERTY, the ANNEXOR may request the TOWN's assistance in acquiring the easements or rights -of -way. Such assistance by the TOWN shall be in compliance with Colorado law authorizing the TOWN's use of eminent domain. The ANNEXOR shall advance to the TOWN all acquisition costs, including any court costs and attorneys' fees, the TOWN may incur in providing Arum Agreement • SBP 6 . Drs 1 wyd 9/9/08 3:31 pm Page 4 of 19 1111111 11111111111 111111111111 11111 MI II I 11111 3605632 02/17/2009 02:16P Weld County, CO 6 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder assistance. h. ANNEXOR agrees to design, construct and install landscaping and park improvements at his sole cost and expense, in accordance with a landscaping and park development plan approved by the TOWN, to be included as part of any subdivision final plat. 5. WATER RIGHTS. It is agreed by the parties that the property will receive domestic water service from the Little Thompson Water District and not from the TOWN. Therefore water rights pursuant to Sec.13-2-410, Mead Municipal Code will not be required to be dedicated to the TOWN, except that at the sole discretion of the TOWN, raw water or cash -in -lieu may be required for the irrigation of any lands dedicated for public use or open space. However, the ANNEXOR shall comply at the time of development with the domestic water supplier's water rights requirements for obtaining water. The ANNEXOR shall by Special Warranty Deed acceptable to the TOWN convey to the TOWN all non -tributary and not non -tributary groundwater as defined by C.R.S. § 37-90- 103, whether adjudicated, unadjudicated, permitted or unpermitted, underlying the property. The TOWN and the ANNEXOR agree that such dedication of water to irrigate lands dedicated for public use and open space and non -tributary and not non -tributary water is directly related to and generated by development intended to occur within the PROPERTY and that no taking thereby will occur requiring any compensation. 6. LAND DEDICATION. The dedication of public easements for utilities, rights -of -way for streets and other public ways shall be by plat dedication. Dedications for parks and open space and other public purposes shall be by General Warranty Deed or appropriate instrument of conveyance acceptable to the TOWN. Such dedications and transfer of ownership shall occur immediately upon request of the TOWN, except that internal rights -of -way shall be dedicated at the time of subdivision platting, unless the TOWN specifies another time. The suitability and acceptance of any land proposed to be dedicated to the TOWN shall be at the sole discretion of the TOWN. The TOWN and the ANNEXOR agree that such dedications are directly related to and generated by development intended to occur within the PROPERTY and that no taking thereby will occur requiring any compensation. a. Parks and Open Space. The ANNEXOR agrees to dedicate to the Town of Mead, a minimum of eight -hundredths (0.08) acre per dwelling unit and eight (8%) percent of the gross acreage of the PROPERTY to be developed for commercial/industrial uses as public land, or to pay an equivalent "cash in lieu" to the TOWN based on the fair market of such land, or any combination of land and cash as is negotiated and agreed upon by the ANNEXOR and the TOWN. The fair market value of the park land is determined to be the minimum dedication in acres, multiplied by the developed land value on a per acre basis as determined by the St. Vrain Valley School District in the current document entitled "School Planning Standards and Calculations of In Lieu Fees," as it may be amended Moan *arsenal- SSP 8 - Draft 1.wpd 9/9/08 3:31 pm Page 5 of 19 1111111 11111 111111 1111 11111 11111 1111111 III 111111111 1111 3606632 02117/2009 02:16P Weld County, CO 6 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder from time to time. The suitability of the land to be dedicated for public purposes and the credit to be given toward the land dedication requirement is at the TOWN's sole option and discretion. The dedication of land or cash in lieu is at the TOWN's sole option and discretion. ANNEXOR agrees to provide a landscaping and development plan meeting TOWN specifications for dedicated public land. Provision for the construction and development of the public land in accordance with the approved plans are to be included as part of any subdivision final plat approval. b. Roads and Utility Easements. The ANNEXOR shall dedicate right-of-way for all roads and utility easements to TOWN. All utility easements, dedicated to TOWN, shall be for the use and the benefit of the various entities furnishing utility services, i.e., electrical, telephone, gas, cable TV, water, sewer and storm sewer. Utility easements for all utilities may be within the road or trails right-of-way and may be identical or overlapping. All utilities shall be placed underground. c. Fair Contribution for Public School Sites. In lieu of land dedication for public school sites, the TOWN shall assess on behalf of the St. Vrain Valley School District RE 1-J, the appropriate fee per residential unit as designated in the Intergovernmental Agreement Concerning Fair Contributions for Public School Sites between the Town of Mead and the St. Vrain Valley School District RE -1J, dated May 29, 1996, and as may be amended from time to time. Payment of the fee shall be due at the time of issuance of a building permit by the TOWN for each residential unit. The TOWN and the ANNEXOR agree that such payments are directly related to and generated by development intended to occur within the PROPERTY and that no taking thereby will occur requiring any compensation. d. St. Vrain Valley School District RE -1J Voluntary Capital Mitigation. The TOWN and the ANNEXOR agree to the use of a voluntary mitigation fee to assist the St. Vrain Valley School District RE 1-J in funding facility expansion to address capacity concerns created by new development as outlined in the policy of the District's Board of Education on Voluntary Capital Mitigation, as may be amended from time to time. The TOWN and the ANNEXOR agree that such payments are directly related to and generated by development intended to occur within the PROPERTY and that no taking thereby will occur requiring any compensation. 7. WATER SERVICE. It is agreed by the parties that the property will receive domestic water service from the Little Thompson Water District and not from the TOWN. The ANNEXOR shall comply at the time of development with the District's requirements. The TOWN does not warrant the availability of water service by the Little Thompson Water District to the ANNEXOR for any phase of development. The TOWN shall require proof of purchase of a water tap for the building site before a building permit will be issued for the site. If the PROPERTY is not already in the Northern Colorado Water Conservancy District, the ANNEXOR agrees to petition for inclusion in said District and to the payment of any fees and taxes levied by the District as a condition of said inclusion Anne* A9r-emenl- SBP 6- Drat' 1.x06 9,8/08 3:31 pm Page 6 of 19 HIED 11111111111111111111111111111111III111111111/III 3605632 02/17/2009 02:16P Weld County, CO 7 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder (C.R.S. § 37-45-122). 8. SEWER SERVICE. It is agreed by the parties that the property will receive sanitary sewer service from the St. Vrain Sanitation District, and not from the TOWN. The ANNEXOR shall comply at the time of development with the District's requirements. The TOWN does not warrant the availability and capacity of sewer service by the St. Vrain Sanitation District to the ANNEXOR for any phase of development. The TOWN shall require proof of purchase of a sewer tap for the building site before a building permit will be issued for the site. If the PROPERTY is not already in the St. Vrain Sanitation District, the ANNEXOR agrees to petition for inclusion in said District and to the payment of any fees and taxes levied by the District as a condition of said inclusion. The TOWN and the ANNEXOR agree that such dedications are directly related to and generated by development intended to occur within the PROPERTY and that no taking thereby will occur requiring any compensation. 9. DRAINAGE. In conformance with TOWN standards and specifications, the ANNEXOR shall make provisions to control all storm water runoff greater than that historically generated from the PROPERTY. The ANNEXOR shall not alter historic flows in a manner that would adversely affect upstream, downstream or internal properties. The TOWN and the ANNEXOR agree that such drainage improvements are directly related to and generated by development intended to occur within the PROPERTY and that no taking thereby will occur requiring any compensation. a. Drainage Plan. The ANNEXOR, at his sole expense shall prepare a master drainage plan for the PROPERTY. The master drainage plan shall show the location and extent of all drainage system improvements, including but not limited to collection and detention facilities. If the master drainage plan results in changes to drainage or irrigation facilities affecting other property or facility owners, the TOWN may require the ANNEXOR to obtain written consent from each property or facility owner for the changes before the TOWN will approve the plan. The ANNEXOR shall construct all improvements in an appropriate sequence to meet the demands that development of the PROPERTY generates. The ANNEXOR shall meet all TOWN standards and specifications in effect at the time of construction. The TOWN may require the ANNEXOR to update the master drainage plan for the PROPERTY for the review of each final plat to determine the configuration, timing, and responsibility for the improvements. b. Drainage Improvements. The master drainage plan, as approved by the TOWN, shall state the ANNEXOR's responsibility for on -site drainage improvements. The master drainage plan may include construction of facilities to convey, collect and detain irrigation and storm water. The master drainage plan shall also state the ANNEXOR's responsibility for off -site improvements. The MOAPI will address these responsibilities in detail, including any proportionate reimbursements from adjacent and/or benefitting property owners or as stated in the Mead Municipal Code then in effect. c. Flood Plains. If any portion of the PROPERTY lies within a flood plain, including unmapped flood plains, as defined by the Federal Emergency Management Annex Agreement • SBP 6. Draft l.vpa 9/2/08 3:31 pm Page 7 of 19 111111111111111111 I I I! 0111 nil 111111111! II III I I I! I II! 3605632 02/17/2009 02:18P Weld County, CO 8 of 19 R 96.00 0 0.00 Steve Moreno Clerk & Recorder Agency (FEMA), the ANNEXOR is responsible for all the necessary design and materials to be submitted to FEMA for proposed changes to the flood plain designation. Any submittal to FEMA must be reviewed and approved by the TOWN before submittal to FEMA. d. Maintenance of Drainage Facilities. Detention ponds, private storm sewers, underdrains, and other drainage facilities shall be owned and maintained by the ANNEXOR or a Homeowners' Association unless otherwise agreed to by the TOWN and stated in the MOAPI. 10. TRANSPORTATION FACILITIES. The ANNEXOR shall provide the TOWN a traffic study in accordance with the criteria as specified by the TOWN at the time of submittal of the Conceptual Plan, unless the TOWN waives the requirement. The TOWN and the ANNEXOR agree that such transportation improvements as depicted in the traffic study are directly related to and generated by development intended to occur within the PROPERTY and that no taking thereby will occur requiring any compensation. a. For full development of the PROPERTY to occur, the ANNEXOR may be required to acquire certain off -site rights -of -way for the construction of off -site improvements, as identified in the approved traffic study or future updates to the study. All acquisition costs of off -site rights -of -way necessary to serve the PROPERTY shall be the ANNEXOR's sole responsibility, subject to reimbursement as detailed in the MOAPI. b. For full development of the PROPERTY to occur, certain on -site and off -site transportation improvements, as identified in the approved traffic study, may be required. The ANNEXOR shall construct the improvements in a sequence acceptable to the TOWN to meet the demands that development of each phase of the PROPERTY will generate. The ANNEXOR shall follow all applicable provisions and standards of the Mead Municipal Code. The ANNEXOR agrees to construct or contribute to the construction of all on -site and off -site transportation improvements to accommodate needs that development of each phase of the PROPERTY will generate. c. The ANNEXOR's construction of arterial street improvements, and arterial intersection improvements in excess of the cost of a collector street, excluding rights -of -way and site specific improvements, will be subject to reimbursement by the TOWN or adjacent benefitted property as specified in the MOAPI. d. The ANNEXOR is solely responsible for construction of all transportation improvements to accommodate development of the PROPERTY that do not directly benefit other properties. The TOWN shall not provide for reimbursement to the ANNEXOR for these expenses. 11. PARKS and OPEN SPACE. The Mead Comprehensive Plan identifies park and open space land within the planning area. At the time of platting the PROPERTY, subject only to encumbrances acceptable to the TOWN, the ANNEXOR shall preserve, construct, develop and dedicate to the TOWN all park and open space areas within, crossing or Mnax Agaament . BBP 6. Draft 1A0 9/9/08 3:31 pm Page 8 of 19 11111111111111111Ill!111B111111111111III11111III!1111 3606632 02/17/2009 02:16P Weld County, CO 9 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder bordering the PROPERTY as depicted in the Mead Comprehensive Plan and as configured in the approved Final Plat(s). The TOWN and the ANNEXOR agree that such park and open space dedications are directly related to and generated by development intended to occur within the PROPERTY and that no taking thereby will occur requiring any compensation. 12. FIRE PROTECTION. The ANNEXOR shall be solely responsible for installing all fire hydrants and other fire protection measures on the PROPERTY and its perimeter as may be required by the Mountain View Fire Protection District. 13. COST ALLOCATION AND RECAPTURE OF COSTS FOR PUBLIC AND COMMON IMPROVEMENTS. The TOWN may require the ANNEXOR to pay for other public improvements that relate to development of the PROPERTY. These public improvements may benefit not only the PROPERTY, but also adjacent landowners and the public. a. The TOWN shall assure construction of public improvements by requiring the ANNEXOR to execute a MOAPI. The TOWN may require financial security by the ANNEXOR before development of all or any applicable phases of development. b. Where the ANNEXOR constructs public improvements that will also benefit other property owners and the public, reimbursement to the ANNEXOR shall be according to the Mead Municipal Code in effect at the time of development, and detailed in the ANNEXOR's MOAPI. c. Where the ANNEXOR's property abuts or benefits from existing public improvements that have been constructed by others (including the TOWN), the ANNEXOR may be required to participate in those public improvements according to the Mead Municipal Code in effect at the time of development and as detailed in the ANNEXOR's MOAPI. 14. DEVELOPMENT IMPACT FEES. The TOWN has established certain uniform development impact fees that directly address the effect of development intended to occur within the property upon the TOW N's infrastructure, administration and delivery of governmental services. The ANNEXOR agrees to the payment of these uniform development impact fees as established by the TOWN. The TOWN and the ANNEXOR further agree that the TOWN may amend the development impact fees from time to time as needed to address changing effects upon the TOW NS's infrastructure, administration and delivery of governmental services as a result of development occurring within the TOWN. The development impact fees are to be paid at the then current rate upon subdivision of the property and/or the issuance of building permits. The TOWN and the ANNEXOR agree that the necessity of such development impact fees is directly related to and generated by development intended to occur within the PROPERTY and that no taking thereby will occur requiring any compensation. 15. CONFORMANCE WITH TOWN REGULATIONS. ANNEXOR agrees, without limitation, that the design, improvement, construction, development, and use of the PROPERTY Annex Agreement - SBP B . Draft 1.epd 9/9/08 3:31 pm Page 9 of 19 111111111111 111111/III 11111 lllll 1111111 III 111111 III /III 3605632 02/17/2009 02:16P Weld County, CO 10 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder shall be in conformance with the TOWN's "Standard Design Criteria and Standard Construction Requirements" including, without limitation, those pertaining to subdivision and site design, streets and pedestrian ways, storm drainage, utilities, landscaping, park and open space design, and flood control. The TOWN and the ANNEXOR further agree that the TOWN may amend the TOWN's "Standard Design Criteria and Standard Construction Requirements" from time to time as needed to address changing effects upon the TOWN's infrastructure, administration and delivery of governmental services as a result of development occurring within the TOWN. The TOWN and the ANNEXOR agree that the necessity of such TOWN regulation is directly related to and generated by development intended to occur within the PROPERTY and that no taking thereby will occur requiring any compensation. 16. VESTED RIGHTS. TOWN and ANNEXOR agree that only the Final Plan (s) of the PROPERTY, approved by the TOWN in accordance with Sec. 16-4-90, Mead Municipal Code, and amendments thereto, constitutes a site specific development plan pursuant to C.R.S. § 24-68-101 et. seq., as amended, (the "Vested Rights Act") for that portion so platted, and in addition, that the rights which vest pursuant to the "Vested Rights Act" shall vest for three (3) years. Furthermore, ANNEXOR and TOWN agree that vesting shall only occur in the event that the ANNEXOR specifically requests the approval of the TOWN to designate the Final Plan as the "site specific development plan" for the PROPERTY. Failure of the ANNEXOR to request such an approval renders the Final Plan not a "site specific development plan" and no vested rights shall be deemed to have been created. ANNEXOR and the TOWN agree that the need for the establishment of this process for the vesting of property rights is directly related to the TOWN's ability to control its growth in a planned and orderly fashion, and is generated by the development intended to occur within the PROPERTY and that no taking thereby will occur requiring any compensation. 17. EXCLUSIVITY OF ANNEXATION PETITION. ANNEXOR agrees to not sign any other petition for annexation of the PROPERTY or any petition for an annexation election relating to the PROPERTY, except upon request of TOWN. 18. THREE-MILE ANNEXATION PLAN. The "Mead Comprehensive Plan, 2004" encompasses the entire PROPERTY. The Mead Comprehensive Plan, along with accompanying maps, plats, charts and descriptive material, has been adopted as the master plan for the three-mile area surrounding the Town of Mead as required by C.R.S. § 31-12-105 (1) (e). This "Three Mile Annexation Plan" has been amended to the extent necessary to incorporate the above described PROPERTY and to update the Plan by the ordinance annexing the PROPERTY and complies with the requirements of C.R.S. § 31-12-105 (1)(e). 19. SPECIAL PROVISIONS APPLYING TO THE SEKICH BUSINESS PARK ANNEXATION NO. 6 ANNEXATION. Certain special provisions shall apply to the Sekich Business Park Annexation No. 6 Annexation as contained in Exhibit B is attached hereto. Annex Agreement • SAP 6- Drell 1 xpd 919/08 3:31 pm Page 10 of 19 111111 111 111 It 11111111111111111 I I 1111111 I I I I l l! 3605632 02/17/2009 02:16P Weld County, CO 11 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder 20. MISCELLANEOUS PROVISIONS. a. Interpretation. Nothing in this Agreement shall constitute or be interpreted as a repeal of the TOWN's ordinances or resolutions, or as a waiver of the TOWN's legislative, governmental, or police powers to promote and protect the health, safety, and welfare of the TOWN and its inhabitants, nor shall this Agreement prohibit the enactment or increase by the TOWN of any tax or fee. b. Severability. If any part, section, subsection, sentence, clause or phrase of this Agreement is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of the Agreement. The parties hereby declare that they would have agreed to the Agreement including each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more parts, sections, subsections, sentence, clauses or phrases are declared invalid. c. Amendments to the Agreement. This Agreement may be amended, at anytime, upon agreement of the parties hereto. Such amendments shall be in writing, shall be recorded with the County Clerk & Recorder of Weld County, Colorado, shall be covenants running with the land, and shall be binding upon all persons or entities having an interest in the PROPERTY subject to the amendment unless otherwise specified in the amendment. In addition, this Agreement may be amended by the TOWN and any ANNEXOR without the consent of any other ANNEXOR as long as such amendment affects only that ANNEXOR's portion of the PROPERTY. Such amendments shall be in writing, shall be recorded with the County Clerk & Recorder of Weld County, Colorado, shall be covenants running with the land, and shall be binding upon all persons or entities having an interest in the PROPERTY subject to the amendment unless otherwise specified in the amendment. d. Binding Effect. This Agreement shall be binding upon and inure to the benefit of and be binding upon the parties, their successors in interest, or their legal representatives, including all developers, purchasers and subsequent owners of any lots or parcels within the PROPERTY, and shall constitute covenants running with the land. e. Indemnification. ANNEXOR agrees to indemnify and hold harmless the TOWN and the TOWN's officers, employees, agents, and contractors, from and against all liability, claims, and demands, including attorney's fees and court costs, which arise out of or are in any manner connected with the annexation of the PROPERTY, or with any other annexation or other action determined necessary or desirable by the TOWN in order to effectuate the annexation of the PROPERTY, or which are in any manner connected with TOW N's enforcement of this Agreement. ANNEXOR further agrees to investigate, handle, respond to, and to provide defense for and defend against or at the TOWN's option to pay the attorney's fees for defense counsel of the TOWN's choice for, any such Annex Agreement - SBP Draft IA..% 9/9100 131 pm Page 11 of 19 1 111111 11111 111111 I{ I 11111 11111 1111111 III 111111 111 II I I 3605632 02/17/2009 02:16P Weld County, CO 12 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder liability, claims, or demands. f. Termination. If the annexation of the PROPERTY is, for any reason, not completed then this Agreement shall be null and void and of no force and effect whatsoever. g. No Right or Remedy of Disconnection. No right or remedy of disconnection of the PROPERTY from the TOWN shall accrue from this Agreement, other than provided by applicable state laws, In the event the PROPERTY or any portion thereof is disconnected at ANNEXOR's request, the Town of Mead shall have no obligation to serve the disconnected property or portion thereof and this Agreement shall be void and of no further force and effect as to such property or portion thereof. h. Annexation and Zoning Subject to Legislative Discretion. The ANNEXOR acknowledges that the annexation and subsequent zoning of the PROPERTY are subject to the legislative discretion of the Board of Trustees of the Town of Mead. No assurances of annexation or zoning have been made or relied upon by the ANNEXOR. In the event that the Town of Mead Board of Trustees, in the exercise of its legislative discretion, does not take any action with respect to the PROPERTY herein contemplated, then the sole and exclusive remedy for the breach hereof accompanied by the exercise of such discretion shall be the disconnection from the TOWN in accordance with state law, as may be appropriate. j• Legal Discretion in the Case of Challenge. The Town of Mead reserves the right to not defend any legal challenge to this annexation. In the event such a challenge occurs prior to any expiration of any statute of limitation, TOWN may, at its discretion, choose to legally fight the challenge or allow the challenge to proceed without defense. This does not restrict the ANNEXOR from engaging the TOWN's legal representatives in such a defense, at no cost to the TOWN. Application of Town Policies. Upon annexation, all subsequent development of the PROPERTY shall be subject to and bound by the applicable provisions of TOWN ordinances, as amended, including public land dedications, provided however, that changes or amendments to the Mead Municipal Code, after the date of this Agreement shall in no way limit or impair TOWN's obligation hereunder, except as specifically set forth in this Agreement. k. Amendments to Governing Ordinances, Resolutions and Policies. As used in this Agreement, unless otherwise specifically provided herein, any reference to any provision of any TOWN ordinance, resolution, or policy is intended to refer to any subsequent amendments or revisions to such ordinance, resolution, or policy, and the parties agree that such amendments or revisions shall be binding upon ANNEXOR. I. Legal Fees. In the event that either party finds it necessary to retain an attorney in connection with a default by the other as to any of the provisions contained in Annex Agreement . BBP 6- waft 1 wpd 9/9/05 3:31 pm Page 12 of 19 q. 111111111111111I11 IIII IIIII Elan MIME 3605632 02/17/2009 02:16P Weld County, CO 13 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder this Agreement, the defaulting party shall pay the other's reasonable attorney's fees and other costs, including but not limited to court costs, incurred in enforcing the high provisions of this Agreement. m. Reimbursement for Other Costs. The ANNEXOR shall reimburse the TOWN for any third party costs necessary for the orderly and proper development of the PROPERTY, including but not limited to consultant's fees for planning and engineering, and attorney's fees for legal services beyond the normal document review, which is directly linked to the PROPERTY. n. Oil and Gas Access Roads. All oil and gas access roads located on the PROPERTY will remain where they are, and shall be considered a current obligation between the ANNEXOR and the oil and gas company(s). The TOWN shall not be responsible for any maintenance of any current oil and gas access road. o. Cooperation. The parties agree that they will cooperate with one another in accomplishing the terms, conditions, and provisions of the Agreement, and will execute such additional documents as necessary to effectuate the same. p. Timely Submittal of Materials. ANNEXOR agrees to provide legal documents, surveys, engineering work, newspaper publication, maps, reports and other documents necessary to accomplish the annexation of the PROPERTY and the other provisions of this Agreement, in a timely manner. Compliance with State Law. The ANNEXOR shall comply with all applicable State law and regulations. r. Recording of Agreement. This Agreement and any amendments thereto shall be recorded in the records of the County Clerk and Recorder, Weld County, Colorado, at ANNEXOR's expense. s. Choice of Law. In all litigation arising out of the contract, the statutory and common law of the State of Colorado shall be controlling, and venue shall be in the District Court of Weld County, Colorado. 21. COMPLETE AGREEMENT. This instrument embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. Except as provided herein there shall be no modifications of this Agreement except in writing, executed with the same formalities as this instrument. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. 22. Original Counterparts. This AGREEMENT may be executed in counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. Annex Agreement - SDP 8 - Draft l.sya 9/9/08 3.31 pm Page 13 of 19 Date: My comfnission expires: 1111111 Illll 111111 Iill IIIII FUSIN III 111111 III IIII 3605632 02/17/2009 02:16P Weld County, CO 14 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder By this acknowledgment, the undersigned hereby certify that the above Agreement is complete and true and entered into of their own free will and volition. ANNEXOR: ANNEXOR: Applicant: (attach additional signatures as necessary) STATE OF COLORADO ) COUNTY OF id )ss. ) The foregoing instrument,2oy was ck'rno e dge b9fote me this /7-,3-/0 '`/�/ Witness My hand and official seal. re SHEILA L. GOODMAN iNOTARY PUBLIC STATE OF COLORADO My Corn, ATTEST: Charlene Reed, Town Clerk Annex Agreement • SOP 6- Halt t.wpd 9/9/08 131 pm day of Richard W. Macomber, Mayor Page 14 of 19 1111111 11111 111111 11111111 11111 1111111 III 111111 III IIII 3605632 02/17/2009 02:16P Weld County, CO 15 of 19 R 96.00 0 0,00 Steve Moreno Clerk IS Recorder STATE OF COLORADO )SS. COUNTY OF WELD The foregoing instrument was acknowledged before me this _ day of 20_ by Richard W. Macomber as Mayor and Charlene Reed as Town Clerk of the Town of Mead. My commission expires: Witness my hand and official seal. Notary Public Annex AyrMmant• SaP B . Drell 1.wpd Wage 3.31 pm Page 15 of 19 111111111111111111111111111 IN 1111111IIIIIIIIIIII M 3605632 02117/2009 02:16P Weld County, CO 16 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT "A" SEKICH BUSINESS PARK ANNEXATION NO. 6 Legal Description: A PARCEL LOCATED IN THE SOUTH HALF OF SECTION 23, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6T" P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 10, BLOCK 2, SEKICH BUSINESS PARK, AS RECORDED AT RECEPTION NO. 02210262 IN BOOK 1260, ON APRIL 09, 1990, OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; TOGETHER WITH A PORTION OF WELD COUNTY ROAD 9.5; SAID COMBINED PARCEL OF LOT 10 AND A PORTION OF WELD COUNTY ROAD 9.5 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 10, BLOCK 2 SEKICH BUSINESS PARK, AND CONSIDERING THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6T" P.M. TO BEAR NORTH 01°05'34" WEST WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 01°05'34" WEST, 30.00 FEET WESTERLY OF AND PARALLEL TO SAID EAST LINE, ALSO BEING THE EASTERLY LINE OF LOT 5, BLOCK 1, SEKICH BUSINESS PARKAS RECORDED AT RECEPTION NO. 02300610 IN BOOK 1348, ON AUGUST 19, 1992 OF SAID RECORDS OF WELD COUNTY CLERK AND RECORDER; ALSO BEING THE EASTERLY LINE OF BLOCK 1, FINAL PLAT OF SEKICH BUSINESS PARK AS RECORDED AT RECEPTION NO. 01923940 IN BOOK 993, ON APRIL 19, 1983, OF SAID RECORDS OF WELD COUNTY CLERK AND RECORDER; A DISTANCE OF 696.54 FEET TO THE NORTHEAST CORNER OF SAID BLOCK 1; THENCE NORTH 89°27'14" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 30.00 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 89°26'37" EAST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23, A DISTANCE OF 90.88 FEET TO THE NORTHEAST CORNER OF THAT PARCEL DESCRIBED AT RECEPTION NO. 02838515, RECORDED ON APRIL 06, 2001 OF SAID RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE SOUTH 00°58'21"EAST ALONG THE EAST LINE OF SAID PARCEL DESCRIBED AT RECEPTION NO. 02838515, A DISTANCE OF 2609.11 FEET TO A POINT BEING 40.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SOUTHEAST QUARTER, ALSO BEING THE NORTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY 66; Annex lgreemeni - SBP 6 - Draft 1.wyd 9/9/08 331 pm Page 16 of 19 111111111111111111 /III 11111111111111111III111111 III /III 3605632 02/17/2009 02:16P Weld County, CO 17 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder THENCE SOUTH 89°39'16" WEST, 40.00 FEET NORTHERLY OF AND PARALLEL WITH SAID SOUTH LINE OF THE SOUTHEAST QUARTER, A DISTANCE OF 85.41 FEET TO THE EAST LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 89°06'08" WEST, 40.00 FEET NORTHERLY OF AND PARALLEL TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 30,00 FEET; THENCE NORTH 01°05'34" WEST, 30.00 FEET WESTERLY OF AND PARALLEL TO SAID EAST LINE OF THE SOUTHWEST QUARTER, ALSO BEING THE EASTERLY LINES OF THE FOLLOWING THREE (3) PARCELS: 1) LOT 4, BLOCK 4 OF "REPLAT 'A' OF SEKICH BUSINESS PARK, RECEPTION NO. 01952675; 2) LOT 5, BLOCK 4 OF "SEKICH BUSINESS PARK", RECEPTION NO. 01923948; 3) LOT 9, BLOCK 2 OF "SEKICH BUSINESS PARK", A DISTANCE OF 1302.71 FEET TO THE SOUTHEAST CORNER OF SAID LOT 10; THENCE ALONG THE SOUTHERLY, WESTERLY AND NORTHERLY BOUNDARY OF SAID LOT 10 THE FOLLOWING SIX (6) COURSES: 1) SOUTH 89°23'00" WEST, A DISTANCE OF 233.03 FEET; 2) NORTH 01°(05'34" WEST, A DISTANCE OF 488.31 FEET; 3) NORTH 26°02'45" WEST, A DISTANCE OF 63.14 FEET; 4) NORTH 34°53'40" WEST, A DISTANCE OF 29.59 FEET; 5) NORTH 46°4725" WEST, A DISTANCE OF 57.86 FEET: 6) NORTH 89°23'54" EAST, A DISTANCE OF 317.54 FEET TO THE POINT OF BEGINNING, CONTAINING A CALCULATED AREA OF 454,487 SQUARE FEET, OR 10.343 ACRES, MORE OF LESS. Annex Agreement - SW 6 - Draft 1.',pd 919/08 3:31 pm Page 17 of 19 D. 111111111111111111111111111111111111111 I I I111111 ill t it l 3605632 02/17/2009 02:16P Weld County, CO 18 of 19 R 96.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT "B" SPECIAL PROVISIONS APPLYING TO THE SEKICH BUSINESS PARK NO. 6 ANNEXATION SPECIAL PROVISIONS APPLYING TO THE ANNEXATION AND THE DEVELOPMENT OF THE PROPERTY. Certain special provisions shall apply to the Sekich Business Park No. 6 Annexation as follows: a. Notwithstanding the provisions of Section 2 to the contrary, it is agreed by the parties that the PROPERTY consists of a single platted lot in a fully developed subdivision and any further development shall be in conformance with the applicable regulations of the TOWN. b. Notwithstanding the provisions of Section 4 to the contrary, it is agreed by the parties that the PROPERTY consists of a single platted lot in a fully developed subdivision and public improvements within or adjacent to the property including, but not limited to, water distribution, sewage collection, gas service, electric service, street and trail lighting, streets, curb, gutter, sidewalks, storm sewer lines, storm drainage improvements, fire hydrants, pedestrian and non -motorized trails, street median/ boulevard and subdivision entryway landscaping and park improvements are not required. c. Notwithstanding the provisions of Section 6 to the contrary, it is agreed by the parties that the PROPERTY consists of a single platted lot in a fully developed subdivision and that the dedication of 8% of the gross acreage of the PROPERTY as public land, or payment of the equivalent "cash in lieu" to the TOWN shall not be required. d. Notwithstanding the provisions of Section 6 to the contrary, it is agreed by the parties that the PROPERTY consists of a single platted lot to be designated for "Industrial Uses" and therefore the Fair Contribution for Public School Sites shall not be imposed. e. Notwithstanding the provisions of Section 8 to the contrary, it is agreed by the parties that at such time as Town has the capacity to provide sanitary sewer service to the PROPERTY, the applicant and its successor in interest shall apply for exclusion from the St. Vrain Sanitation District and the PROPERTY shall connect to the Town's sewer system. f. Notwithstanding the provisions of Section 8 to the contrary, it is agreed by the parties that upon connection to the Town's sewer system, the Town will reimburse the owner of the tap for the plant investment, inspection, and line extension fees previously paid by the owner or a predecessor to the St. Vrain District. Nothing in this condition waives tap fees to be charged by the Town. Notwithstanding the provisions of Section 10 to the contrary, it is agreed by the parties that the PROPERTY consists of a single platted lot in a fully developed subdivision and therefore a traffic study for the property is not required. Amex Agreement - SBP B - Draft 1.wpd 9/9/08 3'31 pm Page 18 of 19 111110 111 1111IINIIIII111111111111 III 111111 III 1111 3605632 02/17/2009 02:16P Weld County, CO 19 of 19 R 96.00 0 0.00 Steve Moreno Clerk & Recorder h. Notwithstanding the provisions of Section 11 to the contrary, it is agreed by the parties that the PROPERTY consists of a single platted lot in a fully developed subdivision and therefore the provisions of Section 11 shall not apply to the PROPERTY. Notwithstanding the provisions of Section 13 to the contrary, it is agreed by the parties that the PROPERTY consists of a single platted lot in a fully developed subdivision and therefore the provisions of Section 13 shall not apply to the PROPERTY. I• Notwithstanding the provisions of Section 16 to the contrary, it is agreed by the parties that the PROPERTY consists of a single platted lot in a fully developed subdivision and therefore the vesting of rights as contemplated by C.R.S. §24- 68-101 et seq., as amended shall not apply to the PROPERTY. Mnea Apreemenl • SW' 6. Draft l.vpd 919/08 311 pm Page 19 of 19 992 1111111 11111 1111111111111111111111111111 111111 I11111 3611992 03/20/2009 03:22P Weld County, CO 1 of 5 R 26.00 0 0.00 Steve Moreno Clerk & Recorder TOWN OF MEAD, COLORADO ORDINANCE NO. 617 AN ORDINANCE ANNEXING A PARCEL LOCATED IN THE SOUTH HALF OF SECTION 23, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6"' P.M., COUNTY OF WELD, STATE OF COLORADO, UPON THE PETITION OF THE OWNER THEREOF, TO BE KNOWN AS THE SEKICH BUSINESS PARK ANNEXATION NO.6 TO THE TOWN OF MEAD, COLORADO, AND APPROVING THE REQUESTED LAND USE THEREOF. WHEREAS, a petition for Annexation has been filed by the NSN Group LLC and SNH LLC, 4325 Hilltop Rd, Longmont, CO 80504-9682, for the annexation to the Town of the following described real property, to wit: A PARCEL LOCATED IN THE SOUTH HALF OF SECTION 23, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6"' P.M., COUNTY OF WELD, STATE OF COLORADO, being more particularly described in Exhibit A. WHEREAS, the above described property consists of private property under single ownership; and WHEREAS, a public hearing was held on said Petition pursuant to statute on September 8, 2008; and WHEREAS, the Board of Trustees by Resolution No. 36-R-2008, determined that the applicable parts of C.R.S. 31-12-104 and C.R.S. 31-12-105 have been met; and WHEREAS, it has been determined by the Board of Trustees that it is desirable and necessary that the described real property be annexed to the Town of Mead, Colorado; and WHEREAS, a land use for the property wasrequested in the petition for annexation as allowed by C.R.S. 31-12-115, said land use to be accomplished by separate ordinance to become effective following final adoption of this annexation ordinance; and WHEREAS, the annexation of said property shall be subject to an Annexation Agreement to be executed by the Petitioner and the Board of Trustees; NOW THEREFORE, BE IT ORDAINED by the Board of Trustees of the Town of Mead, Weld County, Colorado, that: Section 1. Annexation of Property. The above described property is hereby annexed and included within the town limits of the Town of Mead. Annex Ord Web Ianing_SBP 0 :pd_E17.Kd MAX 246 Pm Page 1 of 5 111111 1111 11111011111111111111 I I 11111 1111111 3611992 03120/2009 03:22P Weld County, CO 2 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder Section 2. Three-mile Annexation Plan. The "TOWN OF MEAD 2004 COMPREHENSIVE PLAN' published by the Town of Mead Planning Commission on September 27, 2004, along with accompanying maps, plats, charts and descriptive material, has been adopted as the master plan for the three-mile area surrounding the Town of Mead as required by C.R.S. 31-12-105 (1) (e). The "Three Mile Annexation Plan" as adopted is hereby amended to the extent necessary to incorporate the above described property and to update said Plan thereby. Section 3. Annexation Agreement. The signatures on the annexation map and this annexation ordinance and the recording of the same shall be withheld until an annexation agreement is completed and accepted by the Town. The Annexation Agreement shall include, but not be limited to, the following items: a. An agreement to connect to the Town's sewer system and exclude the property from the St. Vrain Sanitation District when sewer services are available from the Town. b. An agreement that upon connection to the Town's sewer system, the Town will reimburse the owner of the tap for the plant investment, inspection, and line extension fees previously paid by the owner or a predecessor to the St. Vrain District. Nothing in this condition waives tap fees to be charged by the Town. Section 4. Land Use of the Property. The land use of the property shall be industrial uses in accordance with Chapter 16, Zoning, of the Mead Municipal Code as requested in the petition for annexation. Said land use shall be accomplished by separate ordinance, the effective date of which shall be not sooner than the effective date of this annexation ordinance. Section 5. Ministerial Action. The Mayor and Town Clerk are authorized and directed to completeall the nerncary procedures required for annexation of said property to the Town including, filing the required certified copies of the annexation ordinance, a map of the area to be annexed containing a legal description of such area, and the Annexation Agreement with the Weld County Clerk and Recorder. Section 6. Effective Date. This ordinance shall be published and become effective as provided by law. Section 7. Validity. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of the Ordinance. The Board of Trustees hereby declares that it would have passed the ordinance including each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more parts, sections, subsections, sentence, clauses or phrases are declared invalid. Anna OM Mirth Zama_ ' 8_= Ord _817.'Me WP t 248 pm Page 2 of 5 111 111 1111 1 1111 1111 111 111111111111 11 I I 111111 X 1111111 3611992 03120/2009 03:22P Weld County, CO 3 of 5 R 26.00 0 0.00 Steve Moreno Clerk & Recorder Section 8. Necessity. In the opinion of the Board of Trustees of the Town of Mead, this ordinance is necessary for the immediate preservation and protection of the health, safety, welfare and property of the inhabitants and owners of property in the Town of Mead. Section 9. Certification. The Town Clerk shall certify to the passage of this ordinance and make not less than one copy of the adopted Code available for inspection by the public during regular business hours. INTRODUCED, READ, PASSED, AND ADOPTED THIS 8`h DAY OF _ September , 2008. ater, Town er MOM _Ord _Walt _7an:g_sev a _a,a_817.wpd 9008 24e we TOWN OF MEAD By Richard W. Macomber, Mayor Page 3 of 5 11111111111111111!III11111111111111111III11111!III!III 3611992 03120/2009 03:22P Weld County, CO 4 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A SEKICH BUSINESS PARK ANNEXATION NO. 6 Legal Description: A PARCEL LOCATED IN THE SOUTH HALF OF SECTION 23, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6"' P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 10, BLOCK 2, SEKICH BUSINESS PARK, AS RECORDED AT RECEPTION NO. 02210262 IN BOOK 1260, ON APRIL 09, 1990, OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; TOGETHER WITH A PORTION OF WELD COUNTY ROAD 9.5; SAID COMBINED PARCEL OF LOT 10 AND A PORTION OF WELD COUNTY ROAD 9.5 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 10, BLOCK 2 SEKICH BUSINESS PARK, AND CONSIDERING THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6"' P.M. TO BEAR NORTH 01°05'34" WEST WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 01°05'34" WEST, 30.00 FEET WESTERLY OF AND PARALLEL TO SAID EAST LINE, ALSO BEING THE EASTERLY LINE OF LOT 5, BLOCK I, SEKICH BUSINESS PARK AS RECORDED AT RECEPTION NO. 02300610 IN BOOK 1348, ON AUGUST 19, 1992 OF SAID RECORDS OF WELD COUNTY CLERK AND RECORDER; ALSO BEING THE EASTERLY LINE OF BLOCK 1, FINAL PLAT OF SEKICH BUSINESS PARK AS RECORDED AT RECEPTION NO. 01923940 IN BOOK 993, ON APRIL 19, 1983, OF SAID RECORDS OF WELD COUNTY CLERK AND RECORDER; A DISTANCE OF 696.54 FEET TO THE NORTHEAST CORNER OF SAID BLOCK 1; THENCE NORTH 89°27'14" EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 30.00 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 89°26'37" EAST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23, A DISTANCE OF 90.88 FEET TO THE NORTHEAST CORNER OF THAT PARCEL DESCRIBED AT RECEPTION NO. 02838515, RECORDED ON APRIL 06, 2001 OF SAID RECORDS OF THE WELD COUNTY CLERK AND RECORDER; ,yuq pd_W ZwmySBP e_=O en. Vd 4908 2481m Page 4 of 5 1 Mill 11111 1111 1111 fir 11111 111111 1111 I I 3611992 03/20/2009 03:22P Weld County, CO 5 of 5 R 26.00 0 0.00 Steve Moreno Clerk & Recorder THENCE SOUTH 00°58'21"EAST ALONG THE EAST LINE OF SAID PARCEL DESCRIBED AT RECEPTION NO. 02838515, A DISTANCE OF 2609.11 FEET TO A POINT BEING 40.00 FEET NORTHERLY OF THE SOUTH LINE OF SAID SOUTHEAST QUARTER, ALSO BEING THE NORTHERLY RIGHT OF WAY LINE OF STATE HIGHWAY 66; THENCE SOUTH 89'39'16" WEST, 40.00 FEET NORTHERLY OF AND PARALLEL WITH SAID SOUTH LINE OF THE SOUTHEAST QUARTER, A DISTANCE OF 85.41 FEET TO THE EAST LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 89°06'08" WEST, 40.00 FEET NORTHERLY OF AND PARALLEL TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 30.00 FEET; THENCE NORTH 01°05'34" WEST, 30.00 FEET WESTERLY OF AND PARALLEL TO SAID EAST LINE OF THE SOUTHWEST QUARTER, ALSO BEING THE EASTERLY LINES OF THE FOLLOWING THREE (3) PARCELS: 1) LOT 4, BLOCK 4 OF "REPLAT 'A' OF SEKICH BUSINESS PARK, RECEPTION NO. 01952675; 2) LOT 5, BLOCK 4 OF "SEKICH BUSINESS PARK", RECEPTION NO. 01923948; 3) LOT 9, BLOCK 2 OF "SEKICH BUSINESS PARK", A DISTANCE OF 1302.71 FEET TO THE SOUTHEAST CORNER OF SAID LOT 10; THENCE ALONG THE SOUTHERLY, WESTERLY AND NORTHERLY BOUNDARY OF SAID LOT 10 THE FOLLOWING SIX (6) COURSES: 1) SOUTH 89°23'00" WEST, A DISTANCE OF 233.03 FEET; 2) NORTH 01 °05'34" WEST, A DISTANCE OF 488.31 FEET; 3) NORTH 26°02'45" WEST, A DISTANCE OF 63.14 FEET; 4) NORTH 34°53'40" WEST, A DISTANCE OF 29.59 FEET; 5) NORTH 46°47'25" WEST, A DISTANCE OF 57.86 FEET: 6) NORTH 89°23'54" EAST, A DISTANCE OF 317.54 FEET TO THE POINT OF BEGINNING, CONTAINING A CALCULATED AREA OF 454,487 SQUARE FEET, OR 10.343 ACRES, MORE OF LESS. Mnd_ard wrn_zavre_�—e _ad_en.wd 6/14/04 246 wn Page 5 of 5 ott 41•4,°' WI�Yc. COLORADO May 27, 2009 JOHN HEFFLEY 1380 DEVILS GULCH ROAD ESTES PARK, COLORADO 80517 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 RE: Cancellation and release of Collateral for SPR # 308, John Heffley Mr. Heffley: On May 27, 2009, the Board of County Commissioners approved the cancellation and release of collateral for John Heffley, in the amount of $27,600.00 as referenced above. Enclosed is a copy of the Resolution signed by the Board of County Commissioners. I will forward a copy of the signed and recorded Resolution to you as soon as it has been recorded. The original Irrevocable Letter of Credit for $27,600.00 has been returned to United Valley Bank. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS By: G%L/Ztt- 5,17±1 rk('(/1/ -2, Donna J. Bechfer Deputy Clerk to the Board ‘70td, Wilk COLORADO May 27, 2009 UNITED VALLEY BANK P.O. BOX 2270 363 EAST ELKHORN AVENUE ESTES PARK, COLORADO 80517 RE: Cancellation and release of Collateral - John W. Heffley CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. 0. BOX 758 GREELEY, COLORADO 80632 To Whom it may Concern: Attached hereto please find the Board of County Commissioners Resolution releasing the collateral for John Heffley, in the amount of $27,600.00, and the original Irrevocable Letter of Credit No. 125 issued by United Valley Bank, in the amount of $27,600.00 If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS J1 f ,f r By P-///11_, ` 35.6/J,/� ? (' / I Donna J. Beehler, Deputy Clerk to the Board UNImD VALLEY IRREVOCABLE LETTER OF CREDIT NO. 125 Board of County Commissioners Attn: Clerk to the Board P.O. Box 758 Greeley, CO 80632 Re: John W. Heffley To Whom It May Concern: June 28, 2000 We hereby open our Irrevocable Letter of Credit in your favor for the account of John W. Heffley, 1380 Devils Gulch Road, Estes Park, Colorado 80517, for a sum not to exceed the aggregate of $27,600 (Twenty Seven Thousand, Six Hundred and no/100). Each draft so drawn must be marked "Drawn under UNITED VALLEY BANK, P.O. Box 2270, 363 E. Elkhorn Ave., Estes Park, Colorado 80517, Letter of Credit No. 125 and be accompanied by a "signed statement from the Board of County Commissioners of Weld County, Colorado stating the John W. Heffley has committed a material breach of the Improvements Agreement According to Policy Regarding collateral for Improve- ments regarding Asphalt and Landscaping dated the 28th day of June, 2000 by and between John W. Heffley 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, 1983 Revision, The International Chamber of Commerce Publication No. 400." 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 of UNITED VALLEY BANK, P.O. Box 2270, 363 E. Elkhorn Ave., Estes Park, CO 80517. This letter of credit will expire on July 28, 2001 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, UNITED VALLEY BANK notifies beneficiary in writing 363 East Elkhorn Avenue • P. 0. Box 2270 • Estes Park, Colorado 80517 • 970-586-4412 51 Agate Ave. • P. 0. Box 439 • Granby, Colorado 80446-0439 • 970-887-3361 1101 Grand Avenue • Grand Lake, Co 80447 • 970-627-8905 Making its Mark in Colorado Since 1908 Member FDIC •"' Equal Housing Lender 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 UNITED VALLEY BANK (b) a statement purportedly signed by an official of the Board of County Commissioners of Weld County, Colorado stating that we have received notice from UNITED VALLEY BANK the Letter of Credit No. 125 will not be renewed and that John W. Heffley has failed to provide proof of adequate collateral and substitution of this Letter of Credit No. 125; (c) copy of letter from UNITED VALLEY BANK stating non -renewal of Letter of Credit No. 125 and the original letter of credit. Yours truly, arry L. Saint Vice President LLS/njc V ` g O s 03[Mn o o SSV10 1$88 03121OS32W 20n 1 b rDO U L L re W0_ Z W 2apH O CO CO t ot eo a m r3O at w •. Z tic COLCif? 0tat i fft i0 O 4 Lin MSc 043 wq0 Nllia U 0 W U I - 01- Z 1- ZJ0: M Dam 0 4r7£Z fit 0D z u ar in Colorado Secretary of State - Summary Page 1 of 1 BUSINESS CENTER Elections Centeer. Business Center Information Center 1111 Licensing Center Secretary of State H For this Record... History & Documents File Document Email Notification Business Home Business Information Business Search FAQs Glossary Summary ID Number Name: Registered Agent: Registered Agent Street Address: Registered Agent Mailing Address: Principal Street Address: Principal Mailing Address: Status: Form: Jurisdiction: Formation Date: Term of Duration: Annual Report Month: You may: • View History and Documents • File a Document • Set Up Email Notification Previous Page j 19991047704 ASPEN ROCK CRANE & EQUIPMENT CO. JANE E. HEFFLEY 2904 Bent Dr., Loveland, CO 80538, United Stt P.O. Box 7, MEAD, CO 80542, United States 2904 Bent Dr., Loveland, CO 80538, United Stt P.O. Box 7, Mead, CO 80542, United States Delinquent Corporation Colorado 03/12/1999 Perpetual October Business Center: 303 894 2200 • Fax: 303 869 4864 • e-mail: sos.business@sos,state_.co.us Search I Contact us I Privacy statement I Terms of use http://www.sos.state.co. us/biz/BusinessEntityDetail.do?qu itButtonDestination=Busi... 6/3/2009 Page 1 of 2 Kim Ogle From: Kim Ogle Sent: Wednesday, June 03, 2009 6:31 AM To: Donna Bechler Cc: Kim Ogle; Richard Hastings; Stephanie Arries Subject: HEFFLEY, SPR 308 Donna, John W. Heffley represented Aspen Rock Crane and Equipment for the land use case identified as SPR-308 The application materials indicate that Mr. Heffley's address at this time was 1380 Devils Gulch road c Estes Park, CO 80517 e & b-3 -�- 970 577 0874 C4:126/1,712:Z1%1 //ct (C4J His consultant of record was Tom W. Beck, A.I.A., N.C.L.A.R.B. T.W. Beck Associates _ -L,I Post Office Box 57 (Z alle Estes Park , CO 80517 LLcd-CL'`J1.7Ildreee /ieztnit ,t 970 586 3913 Utilizing the Internet I located a John W. Heffley in Loveland. The database also listed Estes Park as a previous address. The information I obtained is: John W. Heffley 2904 Bent Drive Loveland CO 970 613 8868 eetzca 6 -02 dci-wi-n' etee' /LZGnt-e(tt.i' THE STATE OF COLORADO, SECRETARY OF STATE PROVIDES THIS INFORMATION: ID Number: Name: Registered Agent: Registered Agent Street Address: Registered Agent Mailing Address 19991047704 ASPEN ROCK CRANE & EQUIPMENT CO. JANE E. HEFFLEY 2904 Bent Dr., Loveland, CO 80538, United States P.O. Box 7, MEAD, CO 80542, United States Principal Street Address: 2904 Bent Dr., Loveland, CO 80538, United States Principal Mailing Address: P.O. Box 7, Mead, CO 80542, United States S/1f - 27?f r)E Carla 3- O9 —so teeercl Th ,T6A4 /Lk i17 y or vks,/Yes 6/3/2009 Page 2 of 2 Status: Form: Jurisdiction: Formation Date: Term of Duration: Annual Report Month: Delinquent Corporation Colorado 03/12/1999 Perpetual October 6/3/2009 Hello