HomeMy WebLinkAbout20090594.tiffRESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE), AUTHORIZE
CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW #1638 -
BARTEZ, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on March 5, 2008, the Weld County Board of Commissioners approved Use
by Special Review #1638, for Bartez, LLC, P.O. Box 888, Longmont, Colorado 80502, for a Use
Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or
Industrial Zone Districts (truck parking, maintenance, and office) in the A (Agricultural) Zone District
on the following described real estate, to -wit:
Lot B of Recorded Exemption #3975; being part of
the NE1/4 of Section 17, Township 2 North, Range
66 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 (Public
Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Bartez, LLC, with terms and conditions being as
stated in said agreement, and
WHEREAS, the Board has been presented with Irrevocable Standby Letter of Credit
794-4858 from FirstBank of Longmont, 1707 North Main Street, Longmont, Colorado 80501, in the
amount of $3,804.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Irrevocable Standby Letter of Credit as stated above, copies of which are attached
hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for
Improvements (Public Road Maintenance) between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and Bartez, LLC, be, and hereby is,
approved.
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2009-0594
PL1952
04 1 3 (o9
IMPROVEMENTS AGREEMENT - BARTEZ, LLC
PAGE 2
BE IT FURTHER RESOLVED that Irrevocable Standby Letter of Credit 794-4858 from
FirstBank of Longmont, 1707 North Main Street, Longmont, Colorado 80501, in the amount of
$3,804.00, be and hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 9th day of March, A.D., 2009.
ikcitite
Weld County Clerk to the
BY' A vw vl I, w
De
AP
ounty Attorney
Date of signature' 3
BOARD OF CTY COMMISSIONERS
WELD C. U� Y COLORADO
Douglas
er, Pro-Tem
g� P. Conway
Kirkmeyer
David E. Long
„tv
2009-0594
PL1952
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLIC ROAD MAINTENANCE)
THIS AGREEMENT, made and entered into this day of lla're.4 , 20O1, by and between
the County of W eld, State of Colorado, acting through its Board of County C ommissioners, hereinafter called "County,"
and Bartez, LLC. , hereinafter called "Applicant,"
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following described property in the
County of Weld, Colorado:
Lot B of Recorded Exemption #3975; being part of the NE1/4 of
Section 17, Township 2 North, Range 66 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, a final Subdivision/Planned Unit Development (PUD) Plat of said property, to be known as
Use by Special Review Permit #1638 has been submitted to the County for approval; and
WHEREAS, relevant Sections of the Weld County Code provide that no Subdivision Final Plat, Planned Unit
Development Final Plat, or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision
Improvements Agreement guaranteeingtheconstruction of the public improvements shown on plans, platsand supporting
documents of the Subd ivision Final Plat. Planned Unit Dev elopment Final Nat. or S ite Plan, which improvements, along
with a time schedule for completion, are listed in Exhibits "A" and "B" of this Agreement.
NOW, THEREFORE, IN CONSIDERATIONOF the foregoing and of the acceptance and approval of said
Final Plat, the parties hereto prom ise, covenant and agree as follows:
I .0 Engineering Services: Applicant shall furnish, at its own expense, all engineering sery ices in connection with
the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhib it
"A," which is attached hereto and incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor
registered in the State of C olorado, and shall conform to the standards and criteria established by the
County for public impro vements.
1.2
The required engineering services shall consist of, but not be limited to, surveys, designs, plans and
profiles, estimates, construction supervision, and the submission of necessary documents to the
County.
1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit
Development to the County for approval prior to the letting of any constmetion contract Before
acceptance of the roads within the Subdivision or Pla nned Un it Development by the County, Applicant
shall furnish one set of reproducible "as -built" drawings and a final statement of construction cost to
the County.
2.0 Rights -of -way and Easements: Before commencing the construction of any improvements herein agreed upon,
Applicant shall acquire, at its own expense, good and sufficient rights -of -way and easements on all lands and
facilities traversed by the proposed improvements. All such rights -of -way and casements 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: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit
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Development improvements listed on Exhibit "A," which is attached hereto and incorporated herein by
reference, according to the construction schedule set out in Exhibit "B" also attached hereto and incorporated
herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and
the specifications adopted by the County for such public improvements. Whenever a Subdivision or
Planned Unit Development is proposed within three miles of an incorporated community located in
Weld County or located in any adjacent county, the Applicant shall be required to install
improvements in accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated community has not
adopted such requirements and standards at the time the Subdivision or Planned Unit Development
is proposed, the req uirements and standards of the County shall be adhered to. If both the
incorporated community and the County have requirements and standards, those requirements and
standards that are more restrictive shall apply.
3.2 Applicant shall employ, at its own expense. a qualified testing company previously approved by the
County to perform all testing of materials or construction that is required by the C ounty; and shall
furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and inspect, or to require
testing and inspection of material and work, at Applicant's expense. Any material or work not
conforming to the approved plans and specifications shall be removed and replaced to the satisfaction
of the County at Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary
sewer or septic systems, water, gas, electric and telephone services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed, according to the
terms of this Agreement, within the construction schedule appearing in Exhibit "B." The Board of
County Commissioners, at its option, may grant an extension of the time of completion shown on
Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss
and damage County may suffer as a result 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 ofColorado governing occupational safety and health.
5.0 Off -Site Improvements Reimbursement Procedure: The subd ivider, app licant. or owner maybe reimbursed for
off -site road improvements as provided in this swtion when it has been determined by the Board of County
Commissioners that the road facilities providing access to the Subdivision or Planned Unit Development are
not adequate in structural capacity, width, or functional classification to support the traffic requirements of the
uses of the Subdivision or Planned Unit Development.
5.1 The subdivider, applicant, or owner shall enter into an off -site improvements agreement prior to
recording the finalplat when the subdivider, applicant, or owner expects to receive reimbursement for
part of the cost of the off -site improvements.
5.2 The of imp ovements agreement shall contain the following:
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The legal description of the property to be served.
The name of the owner(s) of the property to be served.
A description of the off -site improvements to be completed by the subdivider, applicant, or
owner.
The total cost of the off -site improvements.
The total vehicular trips to be generated at build -out by the Subdivision, Resubdivision, or
Planned Unit Development, as specified by the ITE Trip Generation Manual, or by special
study approved by the Board of County Commissioners.
A time period for completion of the off -site improvements.
The terms of reimbursement.
The current address of the person to be reimbursed during the term of the agreement.
Any off -site improvements agreement shall be made in conformance with the Weld Coun ty
policy on collateral for improvements.
5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement, the
opportunity to obtain reimbursement under this section is forfeited.
5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a
Subdivision. Resubdivision, or Planned Unit Development will use a road improvement constructed
under an improvem ents agreement, the subseq uent subdivider, applic ant, or owner shall reimburse the
original subdivider, applicant, or owner, for a portion of the original construction cost. In no event
shall the original subdivider, applicant, or owner collect an amount which exceeds the total cosi of
improvements less the pro rata share of the total trip impacts generated by the original development.
Evidence that the original subdivider, applicant, or owner has been reimbursed by the subsequent
subdivider, applicant or owner shall be submitted to the Department of Planning Services prior to
recording the Subdivision, Resub division, or Planned Unit Development Final Plat.
5.5 The amount of road improvement costs to be paid by the subsequent subdivider, applicant, or owner
of a Subdivision, Resubdivision, or Planned Unit Development using the road improvements
constructed under a prior improvement agreement will be based upon a pm rata share of the total trip
impacts associated with the number and type of dwelling units and square footage and type of
nonresidential developments intended to use the road improvement. The amount of road improvement
costs shall also consider inflation as measured by the changes in the Colorado Construction Costlndex
used by the Colorado Division of Highways. The cost of road improvements may be paid by cash
contribution to the prior subdivider, applicant or owner, or by further road improvements which
benefit the prior subdivider, applicant, or owner's property. This decision shall be at the sole
discretion of the Board of County Commissioners based upon the need for further off -site road
improvements.
5.6 The report entitled TRIP GENERATION (Third Edition, 1982) of the institute of Transportation
Engineers shall normally be used for talc ulating a reasonable pro rata share of the road improvement
construction costs for all Subdivisions, Resubdivisions, or Planned Unit Developments. A special
transportation study shall be used for land uses not listed in the ITE Trip Generation Manual. Any
question about the number of trips a Subdivision, Resubdivision, or Planned Unit Development will
generate shall be decided by the County Engineer.
5.7 The term for which the subdivider, applican t, or owner is entitled to reimbursement under the off -site
improvements agreement, entered into between the subdivider and the County, is ten years from the
date of execution of a con tract for road improvements.
5.8 This provision is not intended to create any cause of action against Weld County or its officers or
employees by any subdivider, applicant, or owner for reimbursement, and in no way is Weld County
to be considered a guarantor of the moniesto be reimbursed by the subsequent subdividers, applicants.
or owners.
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6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following procedures by the
Applicant, streets within a Subdivision or Planned Unit Development may be accepted by the County as a part
of the County road system and will be maintained and repaired by the County.
6.1
If desired by the County, portions of street improvements may be placed in service when completed
according to the schedule shown on Exhibit "B," but such use and operation shall not constitute an
acceptance of said portions.
6.2 County may, at its option, issue building permits for construction on lots for which street
improvements detailed herein have been started but not completed as shown on Exhibit "B," and may
continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit
Development improvements in that phase of the development are satisfac tory to the Co unty; and all
terms of this Agreement have been faithfu Ily kept by Applicant.
6.3 Upon completion oftheconstructionof streets within a Subdivision or Planned Unit Development and
the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the
County Engineer inspect the streets and recommend that the Board ofCounty Commissioners accept
them for partial maintenance by the County. Partial maintenance consists of all maintenance except
for actual repair of streets, curbs and gutters, and related street improvements. Not sooner than nine
months after acceptance for partial maintenance of streets, the County Engineer shall, upon request
by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The
County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies
have been corrected. If the County Engineer finds that the streets are constructed according to County
standards. he shall recommend acceptance of the streets for full maintenance. Upon a receipt o f a
positive unqualified recommendation from the County Engineer for acceptance of streets within the
development, the Board of County Comm issioners shall accept said streets as public facilities and
County property. and shall be responsible for the kill maintenance of said streets including repair.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One -Hundred percent
( 100%) of the value of the improvements as shown in this Agreement. Prior to Final Plat approval.
the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the
improvements subject to final approval by the Board ofCounty Commissioners and the execution of
this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6) months
of the Final Plat approva I. If acceptable collateral has not been submitted within six (6) months then
the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may
request that the County extend the Final Plat approval provided the cost estimates are updated and the
development plans are revised to comply with all current County standards, policies and regulations.
The improvements shall he completed within one (1) Year after the Final Plat approval (not one tear
alter acceptable collateral is submitted) unless the applica m(s) requests that this Agreement be
renewed at least third' (30) dais prior to its e_miralion and forth er provides that cost estimates for
the remaining improvements are updated and collateral is provided in the amount of One -Hundred
percent (100%) of the value of the improvements remain inc to be completed. If improvements are not
completed and the agreement notrenewal within these time frames, the County, at its discretion, may
make demand on all or a portion of the collateral and take steps to see that the improvements are made.
7.2 The applicant may choose to provide for a phased development by means of designating filings o f
Planned Unit Development Final Plan or Subdivision Final Plan. The applicant would need only to
provide collateral for the improvem ents in each filing as approved. The County will place restrictions
on those portions of the property that are not covered bycollateral which will prohibit the conveyance
of the property or the issuance of building permits until collateral is provided or until improvements
are in place and approved pursuant to the req uirements for a Request for Release of Collateral.
7.3 The applicant intends to dev lop in accordance with Exhibits "A" and "B." The costs of the
-mprovement desc ibed i t Exhibit "A" will be adjusted higher or lower for the year and quarter in
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which the contemplated work is being performed based on "The State Highway Bid Price Index"
contained in the "Quarterly Cost Report" of The Engineering News -Record as published by The
McGraw-Hill Companies. The applicant has provided costestimates for all phases of the development
which will be adjusted in accordance with The State Highway Bid Price Index at the time of posting
of collateral for each phase.
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to
final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form
approved by Weld County. The Letter of Credit shall state at least the following:
8.1.1 The Letter of Credit shall be in an amount equivalent to One -Hundred percent (100%) of the
total value of the improvements as set forth in Section 6.0 and Exhibits "A" and "B."
8.1.2
The Letter of Credit shall provide for payment upon demand to Weld County if the developer
has not performed the obligations specified in the Improvements Agreement and the issuer
has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this
policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times, the unreleased portion of
the Letter of Credit shall be equal to a minimum of One -Hundred percent (100%) of the
estimatedcosts of completing the uncompleted portions of the required improvements, based
on inspections of the development by the issuer. In no case shall disbursement for a general
improvement item exceed the cost estimate in the Improvements Agreement (i.e., streets,
sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the
Improvements Agreement acknowledging the agreement and its cosh estimates.
8,1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit
amount cannot be drawn upon and will remain available to Weld County until released by
Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of C redit
shall be either the date of release by Weld County of the final fifteen percent (15%), or one
year from the date of Final Plat approv al, whichever occurs first. Said letter shall stipulate
that, in any event, the Letter of Credit shall remain in full force and effect until after the
Board has received sixty (60) days written notice from the issuer of the Letter of Credit of
the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board
of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board
of County Commissioners provided that the following are submitted:
8.2.1 In the event property within the proposed development is used as collateral, an appraisal is
required of the property in the proposed development by a disinterested Member of the
American Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the
property encumbered in itscurrent degreeofdevelopment is sufficient to cover One -Hundred
percent (100%) o f the cost of the improvements as set forth in the Improvements Agreement
plus all costs of sale of the property.
8.2,2 In the even property other than the property to be developed has been accepted as collateral
by Wcld County. then an appraisal is required of the property by a Member of the Institute
of Real Estate Appraises (M.A.I.) indicating that. the value of the property encumbered in
its -u ent tate o development is sufficient to cover One -Hundred percent (100%) of the
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cost of the improvements as set forth in the Improvements Agreement plus all costs of sale
of the prop erty.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is
senior to all other liens and encumbrances.
82.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One -Hundred percent (100%) of the amountspecified
in the Impro vements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as
specified in the agreement and for no other purpose and will not release any portion of such
funds without prior approval of the Weld County Board of Commissioners.
8.3.3 The escrow agent will be a Federal or state -licensed bank or financial institution.
8.3.4 If Weld County determ ines there is a default of the Improvements Agreement, the escrow
agent, upon req nest by the County, shall release any remaining escrowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an
amount equivalent to One -Hundred percent (100%) of the value of the improvements as specified in
the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to One -Hundred percent (100%) of the value of the
improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the
project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer
registered in 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:
9.1 The Engineer or his representative has made regular on -site inspections during the course of
construction and the construction plans utilized are the same as those approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado Department of
Transportation (CDOT) Schedule for minimum materials samp ling. testing and insp ections found in
CDOT Ma terials Manual.
9.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted.
The Engineer shall certify that the project "as -built" is in substantial compliance with the plans and
specifications as approved, or that any material deviations have received prior approval from the
County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of
acceptance of maintenance and responsibility by the appropriate utility company, special district or
town for any utilities.
9,5 A letter must be submitted from the appropriate Fire Authorityindicating the fire hydrants are in place
in accordance with the approved plans. The letter shall indicate ifthe fire hydrants are operational and
state the results of fire flow tests.
9.6 The requirements in Sections 9.0 thru 9.5 shall be noted on the final construction plans.
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9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of
acceptance of the streets for partial maintenance by the County. the applicant(s) may req uest release
of the collateral for the project or portion of the project by the Board. This action will be taken at a
regularly scheduled public meeting of the Board.
9.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of
fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding
improvements fully accepted for maintenance by the responsible governmental entity. special district
or utility company.
9.9 The warranty collateral shall be released to the a pplicant up on final accep lance by the B oard of County
Commissioners for full maintenance under Section 5.3 herein.
[0.0 Public Sites and Open Spaces: When the Board of CountyCommissioners, pursuant to a rezoning, Subdivision
or Planned Unit Dcv elopmen t. requires the dedication, development and/or reservation of areas or sites other
than Subdivision or Planned Unit Development streets and utility casements ofa character, extent and location
suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance with one of
the following alternatives, or as specified in the Planned Unit Development plan, if any:
10.1 The required acreage, as may be determined by relevant Sections of the Weld County Code, shall be
dedicated to the Coun ty or the appropriate school district, for one of the above purposes. Any area
so dedica ted shall be maintained by the County or school district.
10.2 The required acreage, as determined by relevant Sections of the Weld County Code may be reserved
through deed restrictions as open area, the maintenance of which shall be a specific obligation in the
deed of each lot within the Subdivision or Planned Unit Development.
10.3 in lieu of land, the County may require a paym ent to the County in an amount equal to the market
value at the time of Final Plat submission of the required acreage as determined by relevant Sections
of the Weld County Code. Such value shall be determined by a competent land appraiser chosen
jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account
to be expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors. personal representatives.
successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant running
with the land herein described, and shall be binding upon the successors in ownership of said land.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year
first above written.
APPLICANT:
APPLICANT:
TITLE:
/14
-1J tIN
Subscribed and sworn to before me this �?9cJ- day of .cy 2.^' 201 1.
My Commission expires
ATTEST:.
J4
Ir
. J44 .t
Weld County Clerk to the Board
BY4_''(_L
Dkputy CI
rk to the Board
APPROVED AS TO FORM:
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A PkIs �J
No y Public
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY. COLORADO
11iam F. Garcia . Chair
EXHIBIT "A"
Name of Subdivision
or Planned Unit Development Bartel USR-1638
Filing:
Location: Lot B of RE -3975; PT of the NE1/4 /4 of Section 17, T2N, R66W of the 6th P.M., Weld County, CO
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or
Planned Unit Development the following improvements. (Leave spaces blank where they do not apply.)
Improve menis
Quantity
Units
Unit
Costs
Estimated Construction
Cost
Site grading
Street grading
$2.25 SY
$190.00
Street base
$3.60 SY
S304.00
Street paving
Curbs, gutters, and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch Improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On -site sewage facilities
On -site water supply and storage
Water Mains (includes bore)
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street Names
Fencing req uirements
Landscaping
Park improvements
Road culvert
S405.00
EA
$810.00
Grass lined swale
Telephone
Gas
Electric
Water transfer
SUB -TOTAL:
$1,304.00
Engineering and Supervision Costs $ $2,500.00
(Testing, inspection, as-builtplans and work in addition to preliminary and final plat: supervision of actual construction
by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 3,804.00
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The above improvements shall be constructed in accordance with all County requirements and specifications, and
conformance with this provision shall be determined solely by Weld County, or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit "B."
By:
Applicalt,
Applicant
Title
Dale: kJ hC
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
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10
EXHIBIT "B"
Name of Subdivision
or Planned Unit Development
Bartez USR-1638
Filing:
Location
Lot B of RE -3975; PT NE 1/4 of Section 17, T2N, R66W of the 6th P.M., Weld County, CO
All improvements shall be completed within I _ 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 grading
Street base
Street paving
Curbs, gutters, and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On -site sewage facilities
On -site water supply and storage
Water mains
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water transfer
SUB -TOTAL:
July 2009
July 2009
July 2009
1111111 11111 111111 IIII 111111 1111 1111111 III IIIIII III IIII
1614120 1 of 04/01/2009 0 3
0.00 D 0.00Steve Moreno nCle Clerk & Recorder
It
July 2009
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
Data /
X 20
(If corporation. to be signed by President and attested to by Secretary, together with corporate seal.)
111111111111II\IIIIIIItill Ill 1111111III111111III Ill
3614120 04/01/2009 03:31P Weld County, CO
12 of 12 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
12
44*tri
COLORADO
MEMORANDUM
TO: Board of County Commissioners
FROM: Jacqueline Hatch-Drouillard
SUBJECT: USR-1638, Bartez LLC
March 3, 2009
The Department of Planning Services has received two irrevocable standby letters of credit for
USR-1638 (Bartez LLC) collateral.
The first collateral is in the amount of thirty nine thousand seven hundred and eight dollars
($39,708.00) for on site improvements through private maintenance agreenient. The second
collateral is in the amount of three thousand eight hundred and four dollars ($3,804.00) for off
site improvements through the public road maintenance agreement.
After review of the collaterals by the Department of Planning Services and the Department of
Public Works, it has been determined that the amounts outlined in both the agreements will be
sufficient to complete the work required for USR-1638, and the Departments of Planning
Services and Public Works recommend acceptance of these collaterals.
2009-0595
WE'D
COLORADO
MEMORANDUM
TO: Jacqueline Hatch, Planning Services DATE: January 27, 2009
FROM: Clay Kimmi, P.E., C.F.M, Public Works
'-1yY
SUBJECT: USR-1638, Bartez LLC, Land Waste Management
The Weld County Public Works Department received the proposed improvement agreements on January 23,
2009. Our comments and requirements are as follows:
COMMENTS:
Weld County Strategic Roadway: WCR 22 is classified by the County is a Strategic Roadway, which
requires a 140 -foot right-of-way at full build out. There is presently a 60 -foot right-of-way. This road is
maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the
required setback is measured from the future right-of-way line. (WCRs 7, 9.5, 11, 13, 22, 24, 27, 37, 49 and
74)
REQUIREMENTS:
Final Plat:
1. The final plat appears to be acceptable to Public Works.
Drainage Report:
1. The final drainage report appears to be acceptable to Public Works.
Improvements Agreement:
1. A signed private maintenance agreement was submitted. The agreement appears to be acceptable to
Public Works.
2. A signed public maintenance agreement was submitted. The agreement appears to be acceptable to
Public Works. However, the signature page references the wrong set of County Commissioners. A
new signature page needs to be submitted.
Original: Jacqueline Hatch, Planning Services
CC to File: USR-1638
I'age I of I January 27, 2009
M:VPLANNING — DEVELOPMENT REVIE. WVUSR-Ilse by Special Review\USR-1638 Bartez LLCAUSR-1638 Comments I-2_7-09.DOC
IRREVOCABLE STANDBY LETTER OF CREDIT
Letter of Credit Number: 794.4858
Amount: U.S. $ 3,804.00 (three thousand eight hundred and tour dollars and zero cents U.S. DOLLARS)
This Letter of Credit is issued on February 24, 2009 by Issuer in favor of the Beneficiary for the account of Applicant. The parties'
names and their addresses are as follows:
APPLICANT:
BARTEZ LLC
PO Box 888
Longmont, Colorado 80502
BENEFICIARY:
COUNTY OF WELD
Board of County Commissioners
915 Tenth Street
PO Box 758
Greeley, Colorado 80632
ISSUER:
FIRSTBANK OF LONGMONT
1707 North Main Street
Longmont, Colorado 80501
1. LETTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (Letter of Credit) in favor of Beneficiary in the
amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft (or Drafts, if the maximum number of drawings is
greater than one). Each Draft shall be signed on behalf of Beneficiary and be marked "Drawn under FirstBank of Longmont Letter of
Credit No. 794-4858 dated February 24, 2009." Drafts must be presented at Issuer's address shown above on or before the
Expiration Date, The presentation of any Draft shall reduce the Amount available under this Letter of Credit by the amount of the
draft.
This Letter of Credit sets forth in full the terms of Issuer's obligation to Beneficiary. This obligation cannot be modified by any
reference in this Letter of Credit, or any document to which this Letter of Credit may be related.
This Letter of Credit expires on the Expiration Date.
2. DRAWINGS. Beneficiary shall be permitted to make multiple drawings on this Letter of Credit. The maximum number of drawings
that may be made on this Letter of Credit is 2. "Draft" means a draft drawn at sight.
3. DOCUMENTS. Each Draft must be accompanied by the following, in original and two copies except as stated.
A. The original Letter of Credit, together with any amendments.
B. The following othor documents: A signed statement that the above is drawn for payment of public road maintenance pursuant
to: Improvements Agreement According to Policy Regarding Collateral for Improvements, entered into between the County of
Weld, Colorado and Bartea, LLC.
Issuer shall be entitled to accept a draft and the documentation described above, as required by the terms of this Letter of Credit,
from any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the part of
Issuer to verify the identity or authority of the person presenting the draft and such documentation.
4. EXPIRATION DATE. This Letter of Credit expires al the close of business at Issuer's address at 6:00 PM Mountain Time (Time) on
February 24, 2010 (Date). Issuer agrees to honor all Drafts presented in strict compliance with the provisions of this Letter of Credit
on or before the Expiration Date.
5. NONTRANSFERABLE. This Letter of Credit is not transferable.
6. APPLICABLE LAW. This Letter of Credit is governed by the Uniform Customs and Practice for Documentary Credits, 2006
Revision. International Chamber of Commerce Publication No, 600 (UCP), or any later version or amendment. This Letter of Credit is
also governed by the laws of Colorado. except as those laws conflict with the UCP,
ISSUER:
FirstBenk of Longmont
—rpm^--
Maggie L. Ru an, Banking Officer•
Date 2/2L1 ICI9
Bailee LLC
Sbadby Letter Of 6red7
00IsL MToweti000e3od0005994025022405Y
erase Benkurs Syatmn. Inc.. Sc Cloud MN Ex? Page 1
:1‘k;1
WIIDe.
COLORADO
December 8, 2009
ATTN; MAGGIE RUNYAN, BANKING OFFICER
FIRSTBANK OF LONGMONT
1707 NORTH MAIN STREET
LONGMONT, COLORADO 80501
RE: Letters of Credit #794-4858 AND #794-4831 — Bartez, LLC
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
Ms. Runyan:
This letter shall act as a confirmation of your obligations to the Board of County Commissioners of Weld
County under the above -referenced Letters of Credit.
As you are aware, on the 24th day of February, 2009, Firstbank of Longmont, issued two Letters of
Credit on behalf of Bartez, LLC, naming the Board of County Commissioners of Weld County, Colorado
as beneficiary. The dollar amount of the Letters of Credit was established at three thousand eight
hundred and four dollars and zero cents ($3,804.00) and thirty-nine thousand seven hundred and eight
dollars and zero cents ($39,708.00).
The terms of the Letters of Credit require that it be maintained by your institution until the 24th day of
February, 2010. If yourinstitution intends to terminate its obligations under the Letter of Credit, you are
required to provide notice to Weld County sixty (60) days prior to the anniversary date. If we are not in
receipt of said notification, the terms of the Letter of Credit will remain in force, and we will need a new
Letter of Credit, or Letter stating the original Letter of Credit termination date has been extended.
If you have any questions regarding this letter or your obligations under the Letter of Credit, or if you
disagree with any of the statements contained herein, please call Donna Bechler, at 970-356-4000,
ext. 4227, or e-mail me at dbechler@co.weld.co.us.
Very truly yours,
lad
Donald D. Warden
Clerk to the Board
By
Deputy Cler
pc Bartez„ LLC
c>2&O2 — (2,59
U.S. Postal Service,.
CERTIFIED MAIL. RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
Postage
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(Endorsement Required)
Restricted Delivery Fee
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PS Form .800, June 2002
SENDER: COMPLETE THIS SECTION
• Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
J/ ;eholy°//
<'r3746Q41/ o' Zyberi0'Y7t
/707 A -M /1/4:/fi(f-626/
2.09/11 1)1/7 d(d) (17050/
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COMPLETE THIS SECTION ON DELIVERY
0 Agent
❑ Addressee
R"-ived b (P' Name) C. Dat f` De ety
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D. Is delivery address different from item I? 0 Yes
If YES, enter delivery address below: 0 No
3. § rvce Type
El Certified Mall
❑ Registered
❑ Insured Mail
4. Restricted Delivery? (Extra Fee)
O Express Mail
-Retum Receipt for Merchandise
❑ C.O.D.
0 Yes
2. Article Number
(Transfer from service IabeO
PS Form 3811, February 2004
7005 1820 0003 5225 0150
Domestic Retum Receipt
10259592-M-1540
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