HomeMy WebLinkAbout20080516.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 #600 - JZM, LLC, C/O JOHN AND MARY ZADEL
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 7, 2007, the Weld County Board of Commissioners approved a
Planned Unit Development Final Plan, PF #600, for JZM, LLC, do John and Mary Zadel,
4200 County Road 19, Fort Lupton, Colorado 80621, for nine (9) lots with E (Estate) Zone uses,
one(1)common open space outlot, and continuing oil and gas production - Distant Thunder PUD,
on the following described real estate, to-wit:
Part of the S1/2 of Section 10, Township 1 North,
Range 67 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) between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and JZM, LLC, c/o John and Mary Zadel, with terms and
conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Subdivision Bond No. 6447503 from First
National Insurance Company of America,Safeco Plaza,Seattle,Washington 98185, in the amount
of$126,752.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Subdivision Bond 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 JZM, LLC, c/o John and Mary
Zadel, be, and hereby is, approved.
BE IT FURTHER RESOLVED that Subdivision Bond No. 6447503 from First National
Insurance Company of America, Safeco Plaza, Seattle, Washington 98185, in the amount of
$126,752.00, be and hereby is, accepted.
2008-0516
PL1719
IMPROVEMENTS AGREEMENT - JZM, LLC, CIO JOHN AND MARY ZADEL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of February, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
D WELD COUNTY, COLORADO
ATTEST: £L4 I ./ " �,f "'''§,o='
(ism , , m H. Jerke, Chair
Weld County Clerk to the r. — \!\.
fg
Robert D. asden, ro-Tem
D ty Clef to the Boar•
(Y0 12-
F. Garcia
AP O D A • aod
David E. Long
ounty Attorney `P 1
// ouglas ademacher
Date of signature: '9120(08
2008-0516
PL1719
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT, made and entered into this sL day of s,4__, 200'i, by and between
the County of W eld,State of Colorado,acting through its Board of County Commissioners,hereinafter called"County,"
and T.Z. ZZ,iclhereinafter 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:
TLsee S V2- SeeAon /0, Tvu'NS111 o l Nc'r7�1�
a v O �> 7 1„/1.1e5.; r -71) e lc> r/i I N. I t )e (E'cr n y i
C h))""a(do
WHEREAS)) a Fin I Subdivision/Planned Unit Development (PUD) plat of said property, to be known as
_ J tTLLc7T 11LUy. e-�--J_L D, .P FEof) 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 pub lie 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 CONSIDERATIONOF the foregoing and of the acceptance and approval of said
Final Plat,the parties hereto prom ise,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 Pla nned 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.
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 Ease ments: 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 prop osed improvements.
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" 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 improvem ents 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 Countymay suffer as a result ofall suits,actions or claims of everynature and description caused
by,arising from,or on account of said design and construction of improvements,and pay any and all judgments
rendered againstthe County on accountof any such suit,action or claim,together with all reasonable expenses
and attorney fees incurred by County in defending such suit, action or claim whe ther 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 improvem ents 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.
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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 ofCounty Comm issioners 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 ofa positive
unqualified recommendation from the County Engineer for approval of streets withinthedevelopment,
the Board of County Commissioners shall fully approve said streets as public but with private pay.
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 ofthe 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 Nat approval. If acceptable collateral ha s 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%)ofthe value ofthe 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 o f the collateral and take steps to see that the imp rovements are made.
7.2 The applicant may choose to provide for a phased development by me ans of designating filings of a
Planned Unit Development Final Nat 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 improvem ents as set forth in Section 6.0 and Exhibits "A" and "B."
8.1.2 The Letterof Credit shallprovide for paymentupon demand to Weld County if the developer
has not performed the obligations specified in the Improvements Agreement and the issuer
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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 ofthe 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 Letterof 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 Comm issioners.
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.
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 equalto 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.
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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 req nest by the County,shall release any remaining es crowed funds to the C ounty.
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(1 00%)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 ora 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 Department 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.
9.5 A letter must besubmitted from the appropriate Firc Authorityindicating the fire hydrants are in place
in accordance with the approved plans. The lettershall indicate ifthe 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 submittalof 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 projector
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 accom panied by"Warranty Collateral" in the amount of
fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding
improve ments 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 B oard of County
Commissioners.
10.0 Public Sites and Open Spaces: When the Board ofCounty 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 utilityeasements ofa character,extent and location
suitable for public use for parks,greenbelts o r schools,said actions shall be secured in accordance with one of
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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 Co unty 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 req uire a payment to the County in an amount equal to the market
value at the time of Final Plat submission ofthe 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 B oard and the Applica nt. 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 Agreementto be executed on theday and year
first above written.
APPLICAN . i
APP LIC ANT
,,,,,P
TITLE:— MLi-21c'` r-..c_
Subscribed and sworn to before me this .3 day of= N),Qv , 20 S_. �P Mmumy✓q
U
My Commission expires: _ t1fly, IN\l&_ tom'
\ Notary Public �w 5
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ATTEST: ilia '' BOARD OF COUNTY COMMISSIONERS
` ,�v^w�'7�F/ R�/(��'((// '' '�1 WELD COUNTY, COLORADO
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IV
Weld County Clerk to the Board t
� ' �Lvt LvO.
` 44\,,Q.,.. William H. Jerke ,Chair
t FEB 1 1 2008
n ,n
D ty Cler o the Board
APPROVED AS TO FORM: cc_
County Attorney
/
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EXHIBIT "A"
Name of Subdivision
or Planned Unit Development__ HHH H q, l
Filing: H ' h= ./HH//H
Hi
Location: _-- H—, HO wJ-L' lI
Intending to be legally bound, the undersigned Applicanthereby agrees to provide throughout this Subdivision or
Planned Unit Development the following improvements. (Leave spaces blank where they do not apply)
Improvements
HHALH Units Unit Estimated Construction
Costs Cost Site gradin
Street radio ��Ri.l�� ` U sr),
(7P
IIIMMIN
Street base
Street avin -'c'
Curbs, utters, and culverts IMMINI .elinin OC
MINMIMMII
SidewalkIMMEMI
Storm sewer facilities IIIIIIME
Retention ponds
MIME
Ditch Improvements OMNI
Subsurface drainage MEM
Sanitary sewers
Trunk and forced lines
Mains
IIIIME
Laterals(house connected) Ma
On-site sewage facilities IMMEMI
On-site water supply and storage MIMI
Water Mains (includes bore) lintalt
Fire hydrantsMEM
HO; oc
IIII
Survey and street monuments and boxes I - 2 g' d'Ci'. _
Street lighting �' S• .�����` CD.IS
MIIIIIE
Street Names ® `� K
9 r �c
" , SIM ISM.
Landscaping ,1h.�c i .j'L'N_ sr
Park improvementsIMMEMI
m o Road culvert
i U ME x Grass lined swale /J�E�'. HEM
c ca Telephone
0 c GasWISI a-cr..
V d Electric
IlWallIMMI.9 0 Water transfer
I.-.4r, Si C nt
Ina
_� co SUB-TOTAL:
_0,1-VI
co Engineering and Su,pert ul?m t.ost- $ �i 52--, '—
o - / - __. .
_Np
ea OD N� '
c cc
SIU l � 7S;L,
r
u,r The above improvements shall be constructed in accordance with all County requirements and specifications, and
��o
_�
_MOD
8
conform ance with this provision shall be determined solely by Weld County, or its duly authorized agent.
Said improvements shall be corn pleted according to the construction schedule set out in Exhibit "B."
pplicant
; AL-`l
Applic nt J
hlttlly'L- �
Date: 'j _,20 0 S'�
Title
(If corporation, to be signed by President and attested to by Secretary,together with corporate seal.)
1111111 HIM III 111111111111111111 III 111111111 till
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9
EXHIBIT "B"
Name of Subdivision _ p
or Planned Unit Development �_�r5j(.{r�/f _ahf L t— �• �J t � rAv y(.7.)
Filing:
Location: 4„Z,t_O R2C k 1
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 f _ 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 /, 'Z jO /'l6jt /1S ,�y'Otr
Street paving /�l 't k 4/ '''��tt iv j/-/
Curbs, gutters, and culverts /-2irr le, MEI h 'Z �
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities /",'sl �`"�r /�/ L '� "' yiniz1 / 9-00,5
On-site water supply and storage
Water mains ,/ v;
Fire hydrants )'11Q.YY'A• Tr/�•
'° riCttz:�
Survey and street monum ents and boxes War/ �/ Ace) �� a>'L�
Street lighting -of- L`"� e L6
Street name signs ��ss yy'��// 4 J=-L(l 2/Q . &2 _C �. "ry_� 2J L7/N�3
FecciaGPMPtiiktis 1 ✓ ,ii /44, �, y YtI<'r.G i / ,t ) C !
zt,601415/0t./ nee4 h ` /, �C20 yj 7L re 9,..aa'r
Landscaping � ,''. 4�2S-2ce4i y w an c - C_
Park improvem ents /oC /2 3
/ l'a",�'' �% / r - • '�e'�""
Road culvert
Grass lined Swale L--;. 4'' ate& '-41; fi t' , ttn$"
Telephone
Gas 4Pn..1 2 6c%� 7
/ .2 • / _ ..-Y.;2�a7c �
Electric42 le
Water .-ran sic;
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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:
plicanG —_--_
,(
Applicant
)< Date: raAn 3j ,
Title --- ---
(If corporation,to be signed by President and attested to by Secretary,together with corp orate seal.)
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Thursday, June 07, 2007 9:03 AM Brandon Kortgaard 303-464-1974 p.02
Greener
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303-857-1754 office
303-857-2933 fax
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$700.00
Plant 14 shrubs 5 gal. @$50.00 each. $700.00
Plant 4 Green Ash 2"b&b. @$390.00 each. $1560.00
Install irrigation to water seed areas and separate drip system for plantings. Water tap supplied by general
contractor. We will install vacuum breaker to copper stub out and install outdoor controller to accommodate new
zones. Electrical source, sleeving, and water tap will be supplied by general contractor. $1400.00
Grand Total: $4360.00
*Bid was calculated from plan if plan changes price will change and a change order will be supplied.
*1 year warranty on all work.
*References available upon request.
*If accepting bid please call to schedule.
Greener Image Landscaping 630 Hwy. 52 Erie, CO 80516 Owned and Operated by Brandon Kortgaard. Phone: 303-
410-7107 Cell: 720-341-6925 Fax: 303-828-5330 www.greenerimagelandscaping.com
•
INK r
NW San egos
NORTHERN COLORADO CONSTRUCTORS , INC .
9075 WCR 10
Ft Lupton, Colorado 80621
Phone: (303)857-1754 Fax: (303)857-2933
Owner: Distant Thunder P.U.D Date: 12/12/2007
Attn: Mr. Doug Graff Project Name: Distant Thunder P.U.D.
9075 WCR 10 Project Number N/A
Fort Lupton, CO 80621 Bid Date: N/A
Proposal Number 1
We are pleased to offer our proposal for construction of the above referenced project.
These prices are based on preliminary plans dated XXXXX.
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL
100 Subdivision Sign - Per Plan 1 LS 2000 2000
Construct Mail Box& Install US Post
200 Mail Boxes Per Plan 1 LS 2500 2500
SUB-TOTAL $4,500.00
Changes/Methods: Northern Colorado Constructors Inc. (NcC), shall be entitled to additional compensation over and
above the prices set forth in this Proposal for any alteration or deviation from the above labor,material or specifications or
for any concealed or unforseen site conditions involving any extra cost. NcC shall have exclusive discretion to determine
whether proper conditions exist to perform the work.
be .
Payment: NET 30 Days--Full Payment of Invoiced Amount. A service charge of 1.5% per month(18% per year)will be
charged on all sums due and owing 30 days after invoice. All payments will be credited to oldest billing. NcC specifically
reserves the right to change, alter or modify these payment terms or to withdraw this Proposal after review of Customer's
credit information. Applicant gives authorization to obtain credit and financial information concerning the Applicant at any
time and from any source. If undersigned is an individual,the signing of this Proposal shall constitute authorization to
Creditor to obtain a Consumer Credit Report.
Schedule: NcC shall perform the work within a mutually agreeable time frame. NcC shall not be liable for:(1)any delay
damages, regardless of the cause of the alleged delay; or(2)any consequential or incidental damages of any kind,
regardless of the alleged cause.
Risk of Loss/lndurance: The Customer shall bear the risk of loss or damage to the work or any portion thereof completed
by NcC,and Customer shall, at its sole cost and expense, provide insurance in "all risk"form to include the interestes of
the Owner, NcC, and all Subcontractors as named insureds on customer's policy. NcC, will provide Workmen's
Compensation Insurance for its employees.
SUBDIVISION BOND
Bond No. 6447503
KNOW ALL MEN BY THESE PRESENTS,that we JZM,LLC
as Principal,and First National Insurance Company of America
authorized to do business in the State of Washington ,as Surety,are held and firmly bound unto
Board of County Commissioners,County of Weld,State of Colorado
as Obligee,in the penal sum of One Hundred Twenty Six Thousand,Seven Hundred Fifty Two and no/100
($ $126,752.00 )DOLLARS,lawful money of
the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors,
administrators,successors and assigns,jointly and severally,firmly by these presents.
WHEREAS, JZM,LLC
has agreed to construct in Distant Thunder P.U.D.PF600
the following improvements: As detailed in EXHIBIT"A"and EXHIBIT"B"of the Improvements Agreement
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall construct, or
have constructed, the improvements herein described and shall save the Obligee harmless from any loss, cost or damage by
reason of its failure to complete said work, then this obligation shall be null and void; otherwise to remain in full force and effect.
Signed,sealed and dated this 9th day of January , 2008
JZM,LLC
Principal
/
BY Sr ,.� f�� � �} .v11n.�/✓
First National Insurance Company of America
B W
Penny R.Burkard,Attorney-in-Fact
5-3689/GE 2/99
XDP
POWER First National Insurance Company of America
C� A Safeco Plaza
l• OF ATTORNEY Seattle,WA 98185
No. 9031
KNOW ALL BY THESE PRESENTS:
That FIRST NATIONAL INSURANCE COMPANY OF AMERICA,a Washington corporation,does hereby appoint
******WILLIAM C.BENSLER;DONALD B.MARTIN;CONNIE K.BOSTON;KELLY T.URWILLER;PENNY R.BURKARD;
VALERIE PARTRIDGE;Greeley,Colorado;CHRIS S.RICHMOND;DARLENE KRINGS;RUSSELL MICHELS;DIANE
C LEM E NTSO N;Fort Collins,Colorado*************************************************************************
its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or
undertakings and other documents of a similar character issued by the company in the course of its business,and to bind FIRST
NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly
elected officers at its home office.
IN WITNESS WHEREOF,FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 21st day of September , 2006 .
il&pAcknAl Ja6A-127-14(1-4--
STEPHANIE DALEY-WATSON,SECRETARY TIM MIKOLAJEWSKI,SENIOR VICE-PRESIDENT,SURETY
CERTIFICATE
Extract from the By-Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant
Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint
individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety
bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or
evidencing such appointment,the signatures may be affixed by facsimile.On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of
FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V,Section 13 of the By-Laws,and
(ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof."
I,Stephanie Daley-Watson ,Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA,do hereby certify that the
foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation;and of a Power of Attorney
issued pursuant thereto, are true and correct, and that both the By-Laws,the Resolution and the Power of Attorney are still in full force
and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation Q
this qTl�" day of M2 tcuf'j , RNA
SNONCFCO ,/� {� //� /'l
it o�PeR^' 'tea J�(/pilyAA,t/ ✓VL!L(i//` Q�-
SEAL -71 1//
15 28.s STEPHANIE DALEY-WATSON,SECRETARY
v
S-1049/DF 4/05 • * Sateen®and the Safety logo are registered trademarks of Safeco Corporation.
WEB PDF
MEMORANDUM
IL TO: Board of County Commissioners
COLORADO
DATE: February 5, 2008
9 �
FROM: Michelle Martin 1"
SUBJECT: PF-600 a
LJ
W
The Department of Planning Services received a Subdivision Bond for the Private
Improvements Agreement for PF-600 (PUD Final Plat for nine (9) lots with (E) Estate uses and
one (1) common open space non-buildable outlot (48.63 acres), and continuing Oil and Gas
Production Uses, Distant Thunder PUD)
The collateral for the Improvements Agreement is in the amount of $126,752.00 for on-site
improvements.
After review of the collateral by the Weld County Attorney, the Department of Public Works and
Department of Planning Services, it has been determined that the amount of the agreement will
be sufficient to complete the on-site improvements required for PF-600.
2008-0516
Michelle Martin
From: Don Dunker
Sent: Monday, February 04, 2008 2:20 PM
To: Michelle Martin
Cc: David Bauer; Don Dunker
Subject: Distant Thunder PF-600
Michelle,
Public Works has reviewed the Exhibit A in the (Private Road Maintenance) improvements
agreement and the values supplied by the applicant look reasonable.
The construction drawings and drainage report are accepted by Public Works.
Thanks,
Don Dunker, P.E.
Weld County Public Works
1111 H Street
Greeley, CO 80631
phone: 970.304 .6496 ext. 3749
fax: 970.304 .6497
ddunker@co.weld.co.us
1
- a
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
ID P. O. BOX 758
GREELEY, COLORADO 80632
C.
COLORADO
June 18, 2009
FIRST NATIONAL INSURANCE COMPANY OF AMERICA
4333 ROOTLAND AVE NE
SEATTLE, WASHINGTON 98185-0001
RE: Subdivision Bond #6447503 for JZM, LLC, do John and Mary Zadel
Ladies and Gentlemen:
This letter shall act as a reminder to you of your obligations to the Board of County Commissioners of
Weld County under the above-referenced Subdivision Bond.
As you are aware, on the 9th day of January, 2008, First National Insurance Company of America,
issued a Subdivision Bond on behalf of JZM, LLC, do John and Mary Zadel, naming the Board of
County Commissioners of Weld County as beneficiary. The dollar amount of the Subdivision Bond was
established at One Hundred Twenty-six Thousand, Seven Hundred Fifty-two and no/100 ($126,752.00).
The terms of the Subdivision Bond do not list a termination date. If the bond expires, you must replace
it.
If you have any questions regarding this letter or your obligations under the Subdivision Bond, or if you
disagree with any statement contained in this letter, please call Donna Bechler, at 970-356-4000, ext.
4227, or e-mail me at dbechler@co.weld.co.us.
Very truly yours, ��� �4 444"4Donald D. Warden
Clerk to the Board
4
By:
puty Clerk t the Board
pc JZM, LLC, do John and Mary Zadel
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