HomeMy WebLinkAbout20080912.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE
CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR PLANNED UNIT DEVELOPMENT
FINAL PLAN, PF #1097 - BREAKNECK WELD PROPERTIES, 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 June 28, 2006, the Weld County Board of Commissioners approved the
application of Breakneck Weld Properties, LLC, 10845 West 32nd Avenue,Wheat Ridge, Colorado
80034, for Change of Zone, PZ#1097, from the A(Agricultural)Zone District to the PUD(Planned
Unit Development)Zone District for nine(9)lots with E(Estate)Zone uses;and on March 30, 2007,
the Department of Planning Services approved a PUD Final Plan, PF#1097, for nine (9) lots with
E (Estate) Zone uses on the following described real estate, to-wit:
N1/2 NW1/4 of Section 6, Township 3 North, Range
68 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(Private
Road Maintenance) for Keller Estates PUD, between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County,and Breakneck Weld Properties,
LLC, with terms and conditions being as stated in said agreement, and
WHEREAS,the Board has been presented with Irrevocable Letter of Credit No. 1062 from
FirsTier Bank, 18870 East Plaza Drive, Suite 101, Parker, Colorado 80134, in the amount of
$365,578.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Irrevocable 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(Private Road Maintenance)between the County of Weld,State of Colorado, by and
through the Board of County Commissioners of Weld County, and Breakneck Weld Properties,
LLC, be, and hereby is, approved.
2008-0912
PL1843
Ply 'A A) /32PALOct air" ogy
IMPROVEMENTS AGREEMENT - BREAKNECK WELD PROPERTIES, LLC
PAGE 2
BE IT FURTHER RESOLVED that Irrevocable Letter of Credit No. 1062 from FirsTier Bank,
18870 East Plaza Drive, Suite 101, Parker, Colorado 80134, in the amount of$365,578.00, be and
hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 24th day of March, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
J� WELD COUNTY, COLORADO
ATTEST: /��,y44/'�-a s
m H. Jerke, Chair
Weld County Clerk to the Board, g F` -
c. Rp a e o-Tem
BY:
Deputy Clerk to the Board
iam F. arcia
APP1 AS T D EXCUSED
David E. Long
ofifrty Attorney c3
ougla Rademacher
Date of signature: i//7/rJ6
2008-0912
PL1843
•
IMIr8OVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
T
THIS AGREEMENT,made and entered into this ea day of≥t%n4o F( , 20O7,by and
between the County of Weld, Sta of Colorado, acting through its Board of County Commissioners,
hereinafter called "County," and L24Q6L3/k/1/f'e ke hereinafter called "Applicant."
A4Q�E---7iEs 2n G'
WITNESSETH:
•
WHEREAS, Applicant is the owner of, or has a controlling interest in the following described
property in the County of Weld, Colorado:
S'&'' AN/CA e-7-
6, i6
WHEREAS, a Final Subdiv'sion/Planned Unit Development (PUD) plat of said property, to be
known as /{CE'L C cciC cs7/ES 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 Improvement Agreement guaranteeing the construction of the public improvements
shown on plans,plats and supporting documents of the Subdivision Final Plat,Planned Unit Development
Final Plat, or Site Plan, which improvements, along with a time schedule for completion, are listed in
Exhibits "A" and "B" of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and
approval of said Final Plat, the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services
in connection with the design and construction of the Subdivision or Planned Unit
Development improvements listed on Exhibit "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 Colorado, and shall conform to the
standards and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs,plans and profiles,estimates,construction supervision,and the submission
of necessary documents to the County.
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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
construction contract. 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.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or
Planned Unit 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"which is 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 requirements 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 County; 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.
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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 of Colorado governing occupational safety and health.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the
Applicant, streets within a Subdivision or Planned Unit Development may be approved by
the County as public roads and will be maintained and repaired by a Homeowners
Association or, in its absence, the owners of lots within the Subdivision or Planned Unit
Development.
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 approval 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 is satisfactory to the County; and all terms of this
Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of 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 its streets and
recommend that the Board of County Commissioners partially approve them. Not
sooner than nine months after partial approval, 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 or
she shall recommend full approval. Upon a receipt of a positive unqualified
recommendation from the County Engineer for approval of streets within the
development, the Board of County Commissioners shall fully approve said streets
as public but with private pay.
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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 of County Commissioners and the execution of this
Agreement. Acceptable collateral shall be submitted and the plat recorded within
six (6) months of the Final Plat approval. If acceptable collateral has not been
submitted within six (6) months then the Final Plat approval and all preliminary
approvals shall automatically expire. 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 be completed within one (1)year after the
Final Plat approval(not one year after acceptable collateral is submitted) unless
the applicant(s) requests that this Agreement be renewed at least thirty(30) days
prior to its expiration and further 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 remaining to be
completed. If improvements are not completed and the agreement not renewed
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 of a Planned Unit Development Final Plat or Subdivision Final
Plat. The applicant would need only to provide collateral for the improvements in
each filing as approved. The County will place restrictions on those portions of the
•
property that are not covered by collateral 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 requirements for a Request
for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits "A"and "B."
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 of 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.
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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 estimated costs 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 cost 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 Credit 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
approval, 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 its current
degree of development is sufficient to cover One-Hundred percent(100%)
of 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 event property other than the property to be developed has been
accepted as collateral by Weld County,then an appraisal is required of the
property by a Member of the Institute of Real Estate Appraisers (M.A.I.)
indicating that the value of the property encumbered in its current state of
development is sufficient to cover One-Hundred percent(100%)of the cost
of the improvements as set forth in the Improvements Agreement plus all
costs of sale of the property.
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.
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8.2.4 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
amount specified in the Improvements 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 determines there is a default of the Improvements
Agreement,the escrow agent,upon request 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 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 Schedule for minimum materials sampling, testing
and inspections found in the Colorado Depaltulent of Transportation (CDOT)
Materials 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.
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9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall
indicate if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction
plans.
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of approval of the streets by the County, the applicant(s) may
request release of the collateral for the project or portion of the project by the
Board. This action will be taken at a regularly scheduled public meeting of the
Board.
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 applicant upon final approval by the
Board of County Commissioners.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a
rezoning, Subdivision or Planned Unit Development,requires the dedication,development
and/or reservation of areas or sites other than Subdivision or Planned Unit Development
streets and utility easements of a 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(PUD)Plan,if any:
10.1 The required acreage as may be determined according to the Weld County
Subdivision Regulations shall be dedicated to the County or the appropriate school
district, for one of the above purposes. Any area so dedicated shall be maintained
by the County or school district.
10.2 The required acreage as determined according to Chapter 24 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 payment to the County in an amount equal
to the market value at the time of Final Plat submission of the required acreage as
determined according to Chapter 24 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 thi eement to be executed on the
day and year first above written. ��
cw�G's�—rri l`
APPLICANT:
APPLICANT:
TITLE:
Subscribed and sworn to before me this O1 day of Decem bea-, 20O1 .
My Commission expires: tac44
, TARYN WILCOXON
NOTARY PUBLIC
• STATE OF COLORADO
� i/0 My Commission Expires 07/10/2011
Ilir tl� to
ATTEST: '�, � ' BOARD OF COUNTY COMMISSIONERS
E/ w / ,g. ,{t :/ WELD COUNTY, COLORADO
1&
Weld County Clerk to the Bo 't t` ; _t
9 is /,'f �1-z <1r-6..,�
,t „ . ;� William H. Jerke , Chair
BY: 1 03/24/2008
De u Cler o the Board
APPROVED AS TO FORM: '—
County Attorney
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BreakNeck Weld Properties, inc.
Exhibit "A"
Keller Estates
PF#1097, Nine Lot Estate Zoned PUD
East&Adjacent to WCR1 and South&Adjacent to WCR38 Section Line
Intending to be legally bound,the undersigned Applicant hereby agrees to provide
throughout this Subdivision or Planned Unit Development the following improvements:
Estimated
Unit Construction
improvements Quantity Units Costs Costs
Site Grading Strip Topsoil/Fill Dirt 22,545 CY $ 1.65 $ 52,010
Demolition&Abandonment Vader 1 EA $ 8,000 $ -
Street Grading Subgrade prep 4,450 LF Various $ 4,450
Street Base Asphalt 1,424 CV $ 12.60 $ 20,167
Street Paving Asphalt 5,202 SY $ 18.42 $ 97,572
Curbs,Gutters,&Culverts $ -
Diggins Easement Completed
Sidewalks $ -
Storm Sewer Facilities
Retention/Detention Ponds 5,950 SY Various $ 53,468
Ditch Improvements-Big R MFG Completed $ -
$
Subsurface Drainage $ -
Sanitary Sewers $ -
Trunk&Forced Lines $ -
Water Mains 1,603 LF Various $ 93,363
Laterals(House Connected) $ -
On-site Sewage Facilities $ -
On-site Water Supply and Storage-Irrigation $ -
Water Mains(Includes Bore) (included above) $ -
Fire Hydrant High Pressure 1 EA $3,637.00 $ 3,637
Survey&Street Monuments&Boxes 0 EA $ 15,000 $ -
Privacy Gate 1 EA $ 15,000 $ 15,000
Street Lighting $ -
d
Street Names,Signage,Kiosk 0 Materials $ 8,000 $ - a '8
0 Labor $ 7,000 aD
oFence Requirements Completed 8,000 LF $ 11.00 $ - a
rc
Landscaping 0 EA $ 9,250 $ - ci°1S
c_)
Park Improvements $ - _�U
o
Road Culvert a U c
_ 0Grass Lined Swale,Rock Walls a-
=im—o2j
LTWD Meter Pits ay
Telephone $ - to
Gas-Propane Tanks a a:;
School Fees 8 EA $2,092.00 $ -
a CO Ny
Development Fees a isi o
Other Fees —1—o
Electric G
Marketing Costs co C
Water Transfer 0 EA $8,365.00 a esl
_o
n o
SUBTOTAL: $ 339,667 —\o
Engineering&Supervision Costs: a c cc
Testing,inspection,as-built plans,work in addition to preliminary&final plat; $ 15,231 a
Supervision of actual construction by contractors $ 10,680 a rnN.
N'
N
---t7
TOTAL ESTIMATED COST OF IMPROVEMENTS&SUPERVISION $ 365,578 a co p
_to
9 -Ma)
EXHIBIT "A"
Name of Subdivision
or Planned Unit Development:
Filing:
Location:
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)
Improvements Quantity Units Unit Estimated
Costs Construction Cost
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(includes bore)
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street Names
Fencing requirements
Landscaping
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water transfer
SUB-TOTAL:
Engineering and Supervision Costs S
(Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $
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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 imp veme s shall be completed according to the construction schedule set out in Exhibit"B."
Applicant
Applicant
Date: /at 7 20 O /
"'Tine . -
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
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BreakNeck Weld Properties, Inc.
EXHIBIT "B"
Name of Subdivision or Planned Unit Development: Keller Estates
Filing: PF#1097,Nine Lot Estate Zoned PUD
Location: 17792 WCR 1,Berthoud, CO 80513; East& Adjacent to WCR1 and South &
Adjacent to WCR38 Section Line
All improvements shall be completed within one year from the date of approval of the final
plat. Absent pillory, the applicant offers December 2008 as the date of completion. This
completion schedule excludes consideration of unusual weather difficulties that do occur.
Construction of the improvements listed in Exhibit A shall be completed as follows:
Time of Completion
Improvements: after final plat approval
Site grading Four weeks
Street grading Six weeks
Street base Twenty-six weeks
Street paving Twenty-seven weeks
Curbs, gutters & culverts -
Sidewalks -
Storm sewer facilities Seven weeks
Retention ponds Eight weeks
Ditch improvements Thirty weeks
Subsurface drainage -
Sanitary sewers -
Trunk and forced lines -
Mains Ten weeks
Laterals (house connected) -
On-site sewage facilities -
On-site water supply and storage -
Water mains (included above) -
Fire hydrants Eleven weeks
Survey and street monuments and boxes Thirty-five weeks
Street lighting -
Street name signs,Kiosk Thirty-eight weeks
Fence requirements -
Landscaping Forty-five weeks
Park improvements -
Road culvert Nine weeks
Grass, lined swale -
Telephone -
Gas -
Electric -
Water transfer -
SUB-TOTAL: Forty-five weeks
111111111111111111 IIII 11111111111111111 III 111111 III IIII 1
3548329 04/17/2008 12:29P Weld County, CO
12 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
EXHIBIT"B"
Name of Subdivision
or Planned Unit Development:
Filing:
Location:
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
Subdivision or Planned Unit Development the following improvements.
All improvements shall be completed within years from the date of approval of the final plat.
Construction of the improvements listed in Exhibit"A" shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading
Street base
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 connectedL
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:
111111111111111111111111111111111111111 III 111111111 1111 •
3548329 04/17/2008 12:29P Weld County, CO
13 of 17 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Revised 07/01/2002
1 1 M:\WPFILES\WENDI\APRIVATE
' 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. �/7�By. al4Li .
Applicant
≥imijcci
Applicant
Date: , 20
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
•
111111111111111111 ]III 11111111111111111 III 111111 III ]III
3548329 04/17/2008 12:29P Weld County, CO
14 of 17 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Revised 07/01/2002
12 M:\WPFILES\WENDIWPRIVATE
IMMO ten ! d
27° 7 H r esta 01010000 °�a.tae.a+e
PALREPRIESSIw1'ATfVE'S DEED
(Side)
THIS DEED is tads by sown DOAN-WHIMSY, s Pawed
Repeowishaa of the Eases or ABE GE2ltA►L derma, maw to
BREAIQI@M WELD !RormaE.q cur • Lathed Lath utily
ara4ath Gaaeq whir lsalSams sPA.that 894.WHEATRIDGE,OD
SIM Candy 3dedMmda
80034-0896
WHEREAS,the decdaadd on the date ofOctobe5,20(8 and Santos was dtdYappoilded Puma L, ellmthn
Estate by the Ditiet Gant in and SX.me pmm/ydLatimer,State of Calvados ProbateNo.03 PR 425,a We deb ofa
14,2003,and it now qualified and acing in said capacity.
NOW THEREFORE,yaeaemm the pewees adored upon Grantor by the Colorado holism Code,Stator mad convey onto Grantee,for and in osabaadon onto Hoothd Tlthty.Pire Thousand Dome the following deaths
WaPatysifts in theCamay ofWald,Sole ofColorado:
�,S, afdie State t Qosta(NXNWX)daecCon4Tawafi43TkAt:Raege�War of the GaP.Id.,O
Tbgether with an Bleb and writer tights appealable to aid penises include*Tin(10)shwa ofThe Heated Load]
ComaR Pin and attal atf(5 ff)to dike Sloppy.ba*mieg Dlkb Oompaoy and Pbe(5)dam&The Ihh Imo
Comport ad S on ifs SKIS m the said MS byTheNerdas fl'&'— -Water Caous soy Smith So
immtdie Snow kilobit By4Aue.
also b, wtt by etiect and number as: 17792Weld County Rod],Berthoud,CO 80517
•
.aaswr's rdtdnte arpataxl tender• .
Wit allapputtamea.
.. As used Aaein,the art s.cludes dmpMalmd the pled the Spider. .
-
Enevitatlamay'2 2005
• ROWDY DEW Wanthaandlleptesenettive
dale Estate of
STATE OF COLORADO
COUNTY Cif LANAIS )a,
The faegowgsnmomal was aeLowidgedb dbaa
Pa sal Rtp seof thefts=orate Getman
ai fely of Jay, 2005, by papa]km Whiskey
Wimss'method and official wed.
My casoiraian mikes
Z1. �QG!
'Owlssaegted +'��,: Canary 3655 ( aE 02-0408 f`J'
Raw#2-300
- Fat Coat co as s
Nam and Address ofFomn Oaths Newly Cleated Legal DerrcpyaG3E-35-1063,CRS.) ;
•
1 111111 1111 111111 1111 11111 11111 111111 III 111111 III IIII •
3548329 04/17/2008 12:29P Weld County, CO
15 of 17 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
STEWART TITLE
n.r.••An -
JUNE 13, 2007
PROPERTY DESCRIPTION
(TRACT B OF PROPOSED KELLER ESTATES)
A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST QUARTER
OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6th
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6;
THENCE SOUTH 00°01'09" EAST, ALONG THE WEST LINE OF SAID
NORTHWEST QUARTER, A DISTANCE OF 662.91 FEET; THENCE
SOUTH 89°58'51" EAST A DISTANCE OF 180.00 FEET; THENCE
NORTH 88°55' 42" EAST A DISTANCE OF 57. 66 FEET TO THE POINT
OF BEGINNING;
THENCE NORTH 01°04'18" WEST A DISTANCE OF 30.00 FEET;
THENCE NORTH 88°55'42" EAST A DISTANCE OF 1384.78 FEET TO A
POINT ON NON-TANGENT CURVATURE;
THENCE ALONG THE ARC OF SAID NON-TANGENT CURVE TO THE RIGHT
HAVING A CENTRAL ANGLE OF 305°01'34", A RADIUS OF
65.00 FEET AND AN ARC LENGTH OF 346.04 FEET (CHORD
BEARS NORTH 01°23'44" WEST, 60.00 FEET) ;
THENCE SOUTH 88°55'42" WEST A DISTANCE OF 1385.12 FEET;
THENCE NORTH 01°04'18" WEST A DISTANCE OF 30.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 96,073 SQUARE FEET (2.20 ACRES) MORE OR LESS.
BASIS OF BEARING: BEARINGS ARE BASED THE WEST LINE OF SAID
NORTHWEST QUARTER OF SECTION 6 AS BEARING
NORTH 00°01' 09" WEST. THE NORTHWEST CORNER OF SAID SECTION 6
IS MONWENTED BY A 3--1" ALUMINUM CAP, STAMPED: LS 18471 AND
THE NORTH 1/16 CORNER OF SAID SECTION 6 IS MONUMENTED BY A
2-IA" ALUMINUM CAP, STAMPED: LS 34714.
PREPARED BY:
ROBERT J. EDERVEEN, PLS (PLS No. 37889)
FOR AND ON BEHALF OF:
KIRKHAM MICHAEL
1861 AUSTIN BLUFFS PARKWAY #101
COLORADO SPRINGS, COLORADO 80918
(719) 266-5212
•
page I°v2
111111111111111111111111111111111111111 III 111111 III 101
3548329 04/17/2008 12:29P Weld County, CO
16 of 17 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
NO GRANGES ARC TO St Ma TO TES owwwwo WITHOUT WRITTEN PERMISEION OF POR1O4M1 wa+.n- CCNsuenno ENOINIEWE
POINT of COMMENCEMENT EXHIBIT
NW CORNER. SEC. 6, T3N. R66W
FOUNTiN %3-r ALUM CAP.
SED/JdPED AS SHOWN r �� N. - -
ROW I 0 REG -
o F
VI 1983
4514*
.c.
a %
it' 37889 Ti cc
y �`•NI.. cp % �Olq v,
\ „pArk._u1/4O.7.,/
BEGINNING / \
589'58'51"E NO1'04'18"W / \
180.00' 30.00'
(.55
42 E , /
7.66'
O 0400'"WI fi
cc/5 / `•
?J/ �
/
go
•
'. �
7 -4`% I it / 4.0).
N a CORNER. SEC: 6. / , �a / JJ
TFOM.NREAM 24 / 7_? `SS /
STAMPED AS SHOWN /
O / .
see 'IIIA.ea /
4 Jo/ e•
III/
go), / /
200 0 200 I>
/ R5'=65.00' VIII
ORIGINAL SCALE: 1"=200' / L=346.04'
THIS NUMEN DOES NOT REPRESENT
A INTENDED
LAND PSUT THE
R IS\ / ro1. ChL=60.00'
ONLY INTENDED TO DEPICT THE J
ATTACHED I Era DESCRIPTION.
W W4rw+e
' "G. BREAKNECK WELD PROPERTIES LW
2 ,,r PROPOSED KELLER ESTATES
TRACT III{W M �A�
GRoacEG.
me
Erw GG
1111111VIII111111IIIIVIIIVIII1111111 MINI III IIII
3548329 04/17/2008 12.299 Weld County, CO
17 of 17 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
c--C4
Li
FIRSTIER BANK ,
Corporate Office
555 Eldorado Blvd.
Broomfield, 08002]
303-926-900000 IRREVOCABLE LETTER OF CREDIT NO. 1062
303-92
March 14, 2008
Louisville
980 Dillon Road Board of County Commissioners
Louisville,CO 80027 Weld County, Colorado
303-926-9000 ATTN: Clerk to the Board
Church,Ranch PO Box 758
7180 W.103rd Avenue Greeley, CO 80632
Westminster,(0 80021
303-951-4225 RE: BREAKNECK WELD PROPERTIES, INC, Private Road Maintenance
Denver Tech Center
7887 E.Belleview We hereby open our Irrevocable Letter of Credit in your favor for the account of
Englewood,CO Breakneck Weld Properties, Inc, 10845 W 32nd Ave, Wheat Ridge, CO 80034, for a
303.625-2300 sum not to exceed the aggregate of$365,578, three hundred, sixty five thousand,
five hundred and seventy eight.
Country Club Village
2921 W.1206 Avenue
Westminsier,t080234 Each draft so drawn must be marked "Drawn under FIRSTIER BANK, 18870 E
303-464.6600 Plaza Dr, Ste 101, Parker, CO 80134, Letter of Credit No.1062 and be
accompanied by a "signed statement from the Board of County Commissioners of
Loveland Weld County, Colorado stating the applicant has committed a material breach of
2Loveland,
80538 Avenue the Improvements Agreement According to Policy Regarding collateral for
970 27842 80538 p 9
970.27e-4278 Improvements regarding Keller Estates Subdivision dated the 6th day of December
2007 by and between Breakneck Weld Properties, Inc and the Board of County
Parker Commissioners of the County of Weld."
18870 E.Plaza Drive
Parker,03.4 -62080134 This credit is subject, so far as applicable, to "The Uniform Customs and Practice
.303.464.6620
for Documentary Credits, 1993 Revision, The International Chamber or Commerce
Downtown Publication No. 500."
1225 17th Street
Denver,CO 80202 We hereby agree with you that all drafts drawn under and in compliance with the
303464.6640 terms of this credit will be duly honored and presented for payment to our main
Boulder office, FIRSTIER BANK, 555 Eldorado Blvd Suite 100, Broomfield, CO 80021. This
"Opening in September" letter of credit will expire on March 14, 2009 at 5:00 P.M.
2100 Broadway
Boulder,(080302 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 FIRSTIER BANK notifies beneficiary in
writing 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) draft at sight on
FIRSTIER 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 FIRSTIER BANK the Letter of Credit No. 1062 will not be renewed and
that Breakneck Weld Properties, Inc. has failed to provide proof of adequate
collateral and substitution of this Letter or Credit No. 1062 (c) copy of letter from
FIRSTIER BANK stating non-renewal of Letter or Credit No. 1062 and the original
letter of credit.
www.firsTierBank.com Yours Tru ,
Ma _ ou ert
OEP Mark resi n er
Member FDIC
Ke"t t.„--Hs MEMORANDUM
' TO: Donna Bechler, Clerk to the Board DATE: 3/20/2008
W�� Chris Gathman, Planning Services
. FROM: Richard Hastings
COLORADO Public Works Department
SUBJECT: (PF-1097) Keller Estates PUD
Acceptance of Collateral
The Public Works Department has reviewed the transportation portion for both on-site and off-site
improvements for the Exhibit A portion of the collateral agreements. We find them acceptable for
construction. All other non-transportation items should be verified by Planning Services prior to
scheduling with the BOCC.
Please find attached the three Exhibit A documents for: On-Site Improvements, Off-Site
Improvements and Combined Off-Site/On-Site Improvements
pc: Don Dunker, Public Works
Don Carroll, Public Works
C\Documents and Settings dbechler'Local Settings\Temporary Internet rile\OLK54\Keller Estates Acceptance of Collateral MEMO(2).doc
Page ! of I
‘0:yrt MEMORANDUM
TO: Board of County Commissioners 3/20/2008
COLORADO FROM: Chris Gathman - Planner II ( ,
SUBJECT: Acceptance of Collateral for PF-1097
On March 14, 2008 the Department of Planning Services received collateral in the form of a
Irrevocable Letter of Credit (No. 1062) in the amount of($365,578.00)for PF-1097 (Keller
Estates).
Total Estimated Cost of Improvements and supervision $ 365,578.00
The improvements agreement and collateral has been reviewed by the Departments of Planning
Services and Public Works and it has been determined that the amount of collateral is sufficient
to cover the proposed improvements. The Departments of Planning Services and Public Works
recommend acceptance of this collateral.
SERVICE.TEAMWORK.IN"'TEGRI I Y,QUALITY
BreakNeck Weld Properties, Inc.
Exhibit "A"
Keller Estates
PF#1097, Nine Lot Estate Zoned PUD
East&Adjacent to WCR1 and South &Adjacent to WCR38 Section Line
Intending to be legally bound,the undersigned Applicant hereby agrees to provide
throughout this Subdivision or Planned Unit Development the following improvements:
Estimated
Unit Construction
Improvements Quantity Units Costs Costs
Site Grading Strip Topsoil/Fill Dirt 22,545 CY $ 1.65 $ 52,010
Demolition&Abandonment Vader 1 EA $ 8,000 $ -
Street Grading Subgrade prep 4,450 LF Various $ 4,450
Street Base Asphalt 1,424 CY $ 12.60 $ 20,167
Street Paving Asphalt 5,202 SY $ 18.42 $ 97,572
Curbs,Gutters,&Culverts $ -
Diggins Easement Completed
Sidewalks $ -
Storm Sewer Facilities
Retention/Detention Ponds 5,950 SY Various $ 53,468
Ditch Improvements-Big R MFG Completed $ -
Subsurface Drainage $ -
Sanitary Sewers $ -
Trunk&Forced Lines $ -
Water Mains 1,603 LF Various $ 93,363
Laterals(House Connected) $ -
On-site Sewage Facilities $ -
On-site Water Supply and Storage-Irrigation $ -
Water Mains(Includes Bore) (included above) $ -
Fire Hydrant High Pressure 1 EA $3,637.00 $ 3,637
Survey&Street Monuments&Boxes 0 EA $ 15,000 $ -
Privacy Gate 1 EA $ 15.000 $ 15,000
Street Lighting $ -
Street Names,Signage,Kiosk 0 Materials $ 8.000 $ -
0 Labor $ 7,000
Fence Requirements Completed 8,000 LF $ 11.00 $ -
Landscaping 0 EA $ 9,250 $ -
Park Improvements $ -
Road Culvert
Grass Lined Swale,Rock Walls
LTWD Meter Pits
Telephone $ -
Gas-Propane Tanks
School Fees 8 EA $2,092.00 $ -
Development Fees
Other Fees
Electric
Marketing Costs
Water Transfer 0 EA $8,365.00
SUBTOTAL: $ 339,667
Engineering&Supervision Costs:
Testing,inspection,as-built plans,work in addition to preliminary&final plat; $ 15,231
Supervision of actual construction by contractors $ 10,680
TOTAL ESTIMATED COST OF IMPROVEMENTS&SUPERVISION $ 365,578
9
BreakNeck Weld Properties, Inc.
Exhibit "A" �'
Keller Estates re/a 7L'�^
PF#1097, Wine Lot Estate Zoned PUD
tjr; Jit-Fe a n d
East&Adjacent to WCR1 and South &Adjacent to WCR38 Section Line /�CC
t� I d
Intending to be legally bound,the undersigned Applicant hereby agrees to provide
uhi.(
throughout this Subdivision or Planned Unit Development the following improvements: 1 ��r tri r '1 Ct 't�l ,e_
Estimated ,L
Unit Construction A(J ee/).1fit *5
Improvements Quantity Units Costs Costs
Site Grading Strip Topsoil/Fill Dirt 25,332 CY $ 1.65 $ 58,438
Demolition&Abandonment Vader 1 EA $ 8,000 $ -
Street Grading Subgrade prep • 5,000 LF Various $ 6,250
Street Base Asphalt 1,600 CY $ 12.60 $ 22,660
Street Paving Asphalt 5,845 SY $ 18.42 $ 109.632
Curbs,Gutters,&Culverts $ -
Biggins Easement Completed
Sidewalks $ -
Storm Sewer Facilities
RetentiontDetentlon Ponds 5,950 SY Various $ 53,468
Ditch Improvements-Big R MFG Completed $ -
$ -
Subsurface Drainage $ -
Sanitary Sewers $ -
Trunk&Forced Lines $ -
Water Mains 1,603 LF Various $ 104,902
Laterals(House Connected) $ -
On-site Sewage Facilities $ -
On-site Water Supply and Storage-Irrigation $
Water Mains(Includes Bore) (included above) $
Fire Hydrant High Pressure 1 EA $3,637.00 $ 3.637
Survey&Street Monuments&Boxes 1 EA $ 15,000 $ 15,000
Privacy Gate 1 EA $ 15,000 $ 15,000
Street Lighting $ -
Street Names,Signage,Kiosk 3 EA Materials $ 8,000 $ 15,600
3 EA. Labor $ 7,000
Fence Requirements Completed 8,000 LF $ 11.00 $ -
Landscaping 1 EA $ 8,500 $ 9.250
Park Improvements $ -
Road Culvert
Grass Lined Swale,Rock Walls
LTWD Meter Pits
Telephone $ -
Gas-Propane Tanks
School Fees 8 EA $2,092.00 $ -
Development Fees
Other Fees
Electric
Marketing Costs
Water Transfer 8 EA $8,365.00
SUBTOTAL: $ 413,837
Engineering&Supervision Costs:
Testing,inspection,as-built plans,work in addition to preliminary&final plat; $ 17,113
Supervision of actual construction by contractors $ 12,000
TOTAL ESTIMATED COST OF IMPROVEMENTS&SUPERVISION $ 442,950,
9
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