HomeMy WebLinkAbout20080911.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE
CHAIR TO SIGN,AND ACCEPT COLLATERAL FOR SITE PLAN REVIEW#402 -WPD,
LLC, C/O THE CARROLL GROUP, LTD.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on December 4, 2006, the Department of Planning Services approved Site
Plan Review#402, for WPD, LLC, c/o The Carroll Group, Ltd., P.O. Box 886, Brighton, Colorado
80601,for a C-3 Business Commercial Use(sale and service of oil field equipment)in the following
described real estate, to-wit:
Part of the S1/2 of Section 31, Township 1 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 (Private
Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and WPD, LLC, do The Carroll Group, Ltd., with terms
and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Irrevocable Letter of Credit NZS904268
from Wells Fargo Bank, N.A., Trade Services Division, Northern California, One Front Street,
21st Floor, San Francisco, California 94111, in the amount of$39,821.00, 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 WPD, LLC, c/o The Carroll
Group, Ltd., be, and hereby is, approved.
BE IT FURTHER RESOLVED that Irrevocable Letter of Credit NZS904268 from Wells
Fargo Bank, N.A., Trade Services Division, Northern California, One Front Street, 21st Floor, San
Francisco, California 94111, in the amount of$39,821.00, be and hereby is, accepted.
2008-0911
PL1962
(ie 4, f& /17°A- (y4..
IMPROVEMENTS AGREEMENT - WPD, LLC, C/O THE CARROLL GROUP, LTD.
PAGE 2
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
D COUNTY, COLORADO
ATTEST:
y / 7//'� '^i
714(::::1,471: Jerke, Chair
Weld County Clerk to the Board `isa: • 1
` Robert s n, Pro-Tem
,
Deputy Clerk to the Board `.. c _( v
William F. Garcia
APPRfdVED M: EXCUSED
/ David E. Long c
C unty Attorney @� _ �, ^�,,ail --.
-00` '
Date of signature: 7 (28
2008-0911
PL1962
•
0
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT, made and entered into this 5th day of February, 2008, by and between the County of
Weld, State of Colorado, acting through its Board of County Commissioners. hereinafter called "County," and
WPD, 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: Site Address—12505 WCR 2,Brighton,CO 80603
Legal Description
16015-C PT 52 31 1 66 BEG AT SE COR 5E4 W OF RR R/W W665' N13'43'E 30' TO TRUE POB
N13D43'E 423.50' W412.75' S411.42' E312.32'TO TRUE POB%12505 RD 2°/o SITUS: 12505 2 CR
BRIGHTON 806036633
WHEREAS, a Final Subdivision/Planned Unit Development(PUD)plat of said property,to be known as
Site Plan Review-#402 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"o f 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:
I.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.
I.I. The required engineering services shall he 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 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.
3.11 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 strictconformance 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 com munity located in
Weld County or located in any adjacent county, the Applicant shall be required to install
improvements in accordance with the requiremenu 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 arc 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 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 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.
(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 p laced 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 ics 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 improvem ents in that phase of the develo pmcnt is satisfactory to the C ounty; 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 thatthe Board ofCounty 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 ofa positive
unqualified recommendation from the County Engineer for approval of streets withinthe devclopmen t,
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 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(700%)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 o fthc collateral and take steps to see that the imp rovemcn is arc made.
7.2 The applicant may choose to provide for a phased development by means of design ating filings of a
Planned Unit Development Final Plat or Subdivision Final Plat. The applicant would need only to
provide collateral for the improvemcn LS 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
arc 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 We Id 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 Letterof Credit shallprovide for paymcntupon demand to Weld County if die 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 perc ent (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 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 arc 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%)ofthe 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 appra isal 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 A greement 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 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 appro val of the Weld C minty Board o f 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 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 imp rovemen is 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 theproject 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 W eld 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 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 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 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 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 B oard of C ounty
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 utility easements of a 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.I 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
reservedthrough 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 D evelopm ent.
10.3 In lieu of land, the C ounty may require a payment to the County in an amount equal to the market
value at the time of Final Plat submission ofthc 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 Applicant. The cash collected shall he 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 he executed on the day and year
first above written. ;��, 11
n•�O./ PUe..�C�' APPLICANT: w PD 1.,.�
KATHLEEN Li —44-7
TENORIO ; • APPLICANT:
'• ...'r
..............
AyCorm.rsvionE sas/_/2470 / TITLE: y8i/✓t 1Z
yL-
Subscribed and sworn to before me this�_day of re,Qp vc24_, 2005_.
My Commission expires: recL -
Notary Public
r -
ATTEST.i2 4� ` � y BOARD OF COUNTY COM MISSIONFRS
r x n „,.-A WELD COUNTY, COLORADO
Weld County Clerk to the Board i d /''' :k
+' .• - / William H. Jerke . Chair
/ S
B +�,�iblre Van 03/24/2008
D ty Clcr o the Board
��
APPROVED AS TO FORM: G-�'
County Attorney --
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EXHIBIT"A"
Name of Subdivision or Planned Unit Development: Site Plan Review-#402
Filing:
Location:Address—12505 WCR 2,Brighton,CO 80603
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 Costs Estimated Construction
Cost
Site grading 30000 SF 10,500
Street grading
Street base (Parking) 30000 SF INCLUDED
Street paving
Curbs,gutters,and culverts (Parking Blocks) 50 EA 25.90 1295
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 (ADA Signage) 2 EA 68.85 138
Fencing requirements 9,100
Landscaping 18,788
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water transfer
SUB-TOTAL: 39,821
Engineering and Supervision Costs$INCLUDED
(Testing,inspection,as-built plans and work in addition to preliminary and final plat;supervision of actual const by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION$39,821
The above improvements shall be constructed in accordance with all County requirements and specifications,and
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conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Said improvements shall be com pleted according to the construction schedule set out in Exhibit"B."
By: (d PD
Applicant
__11( 171/OXI/U,
Applicant
l4kI &7PC Date: j
Title ll
(If corporation, to be signed by President and attested to by Secretary,together with corporate seal.)
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EXHIBIT"B"
Name of Subdivision
or Planned Unit Development: Site Plan Review-#402
Filing:
Location: Address-12505 WCR 2,Brighton,CO 80603
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 ONE 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 7/31/08
Street base
Street paving 9/30/08
Curbs,gutters,and culverts (Parking Blocks) 9/30/08
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 (ADA Signage) 9/30/08
Fencing requirements 12/31/08
Landscaping 11/30/08
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water Transfer
SUB-TOTAL: 12/31/08
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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: iFt tie
Applicant /ai
Applicant
li
nifMClLla- Date: 2% , 20pe .
Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
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cce-
deict
GeL
WtLLS WELLS FARGO BANK,N.A. �
FARGO
TRADE SERVICES DIVISION,NORTHERN CALIFORNIA
ONE FRONT STREET,21ST FLOOR
SAN FRANCISCO,CALIFORNIA 94111
Contact Phone: 1(800)798-2815(Option 1)
Email :s#tradeawellsfarao.com
IRREVOCABLE LETTER OF CREDIT
BENEFICIARY:
Board of County Commissioners Letter of Credit No.: NZS904268
Attn: Clerk to the Board Date: March 13, 2008
915 Tenth Street
Greeley, CO 80632
At the request and for the account of WPD, LLC, we hereby establish our irrevocable Letter of
Credit in your favor in the amount of Thirty Nine Thousand Eight Hundred Twenty One and
00/100 United States Dollars (US $39,821.00). This Letter of Credit is available with us at our
above office by payment of your draft(s) drawn on us at sight accompanied by your signed and
dated statement worded as follows:
"The undersigned, an authorized representative of Board of County
Commissioners of Weld County, Colorado hereby certifies that WPD, LLC has
committed a material breach of the Improvements Agreement According to
Policy Regarding collateral for Improvements by and between the Board of
County Commissioners of Weld County and WPD, LLC. The amount of the
accompanying draft drawn under Wells Fargo Bank, N.A. Letter of Credit
number NZS904268 represents the amount the Beneficiary is entitled to draw
on the Letter of Credit as a result of the occurrence of such Event of
Default."
Each draft must also be accompanied by the original of this Letter of Credit for our
endorsement on this Letter of Credit of our payment of such draft.
Partial and multiple drawings are permitted under this Letter of Credit.
Each draft must be marked "DRAWN UNDER WELLS FARGO BANK, N. A. LETTER OF CREDIT
NO. NZS904268."
This Letter of Credit expires on March 13, 2009, but will be automatically extended without
amendment for successive one year periods from the current expiration date and any future
expiration dates unless at least at least sixty (60) days prior to expiration date we notify you at
your address above by registered letter or express courier that we elect not to renew for such
additional one year periods. Upon our sending you such notice of the non-extension of the
expiration date of this Letter of Credit, you may also draw under this Letter of Credit by
presentation to us at our above address, on or before the expiration date specified in such
notice, of your draft drawn on us at sight.
"The undersigned an authorized representative of Board of County Commissioners of
Weld County hereby certifies that Board of County Commissioners of Weld County has
received written notification from Wells Fargo Bank, N.A. that the Letter of Credit will
not be extended past its current expiration date. The undersigned further certifies that
as of the date of this statement, Board of County Commissioners of Weld County has
I
not received a letter of credit or other instrument acceptable to Board of County
Commissioners of Weld County LC as a replacement to the Letter of Credit."
If any instructions accompanying a drawing under this Letter of Credit request that payment is
to be made by transfer to an account with us or at another bank, we and/or such other bank
may rely on an account number specified in such instructions even if the number identifies a
person or entity different from the intended payee.
We hereby engage with you that each draft drawn and presented to us in compliance with the
terms and provisions of this Letter of Credit will be duly honored by payment to you of the
amount requested.
This Letter of Credit is subject to the Uniform Customs and Practice For Documentary Credits
(2007 Revision), International Chamber of Commerce Publication No. 600, and engages us in
accordance with the terms thereof.
Very truly you ,
WELLS F RGO ANK, N. A.
By:
(Authorized Signature)
MIKE LIN
ASSISTANT VICE PRESIDENT
2
•
Michelle Martin
From: Bruce Barker
Sent: Friday, March 07, 2008 3:38 PM
To: The Carroll Group, Ltd.
Cc: Pat Daniel; Michelle Martin
Subject: RE: Letter of Credit (SPR-402)
Mr. Carroll:
The letter of credit is acceptable, with the exception that I would like you to strike the
following sentence, which occurs after the first quoted statement: "This Letter of Credit
expires at our above office on March , 2009 (the "Expiration Date") The expiration
date and renewal are dealt with later in the letter.
Bruce Barker
Weld County Attorney
Original Message
From: The Carroll Group, Ltd. [mailto:tcg@rapidoffice.com]
Sent: Tuesday, March 04, 2008 4 :28 PM
To: Bruce Barker
Cc: Pat Daniel; Michelle Martin
Subject: Letter of Credit (SPR-402)
Mr. Barker - I was told by Michelle Martin that this letter of Credit would need to be
reviewed by you, prior to its acceptance. My Client is working with Wells Fargo and their
legal department made minor changes to the pre-approved form.
I don't know how to easily get the changes - if any - back, but if you need to fax hand-
written changes please call 303 .325.7653 or the toll-free fax line below. If you can
email changes/approval - please use this address .
Thanks for your attention in this matter, my client is attempting to resolve an
outstanding County violation and this is one of the last remaining items.
Best Regards,
Larry Carroll, Jr. , Owner' s Agent
WPD, LLC.
The Carroll Group, Ltd.
P.O. Box 886
Brighton, CO 80601
1
• • Page 1 of 1
Michelle Martin
From: David Snyder
Sent: Wednesday, February 27, 2008 9:11 AM
To: Michelle Martin
Subject: SPR 402
Michelle,
The amended improvements agreement quantity and amounts appear adequate for the project.
David Snyder, E.I.
Engineer
Weld County Public Works Department
P. O. Box 758
Greeley, CO 80632
(970)304-6496, Extenstion 3745
dsnydereco.weld.co.us
02/27/2008
01/10/2006 22: 56 30353646 BARCAQ EXCAVATI 1rwuc UJL/UL
Barcas Excavation Inc. i Estimate
,
655 WCR 47 Date Estimate#
Hudson, CO 80642
1/10/2008 3
Narita/Address
a
Dan Katz Construction
'it ti3
,
Project
Description
Qty .Cost Total
Excavation work includes:subgtade 30,000 sq.ft lot for drainage.'
10,500.00 10,500.00
Our company,l3arcas Excavation,will provide approximately 75
yards of dirt needed for fill. 30.000 sq.tt.parking lot will be
completed with recycled asiihalt:3"deep.
Please note:Bid is valid for 30 days from issued date.
NPDES or other permit fees;deWatering;mock excavation soil
stabilization;rock excavation;demolition or saw cutting;
disconnecting sealing of capping of existing or abandoned site
utilities:potholing or manual location of existing utilities;handling
or disposal of harardons or contaminated materials;frohandling or connection
removal of spoils generated by others;prO
of weather conditions(Including frost);shoring,pinning,or bracing
import or export Of soils;traffic control;street repair or sweeping.
seeding;surveying; soil geotechnical of materials testing;job site
trailer or temporary utilities;screening raking or processing of soils
Arty questions,please call. Total $10,500.00
Jan 21 08 11:10a Arrowhead Landscaping
Arrowhead Ljdscaping, in& Price Proposal
15650 East 144th Avenue-Brighton, Colorado 80601 -(303)579-2010-(303)637-9559 Fax
Cell: 720-218-1666
Client 2405Kut SkeetConst Streent
FAX: 303637-0471
Skeet Street
Brighton,CO 80601
Imirc
Date: J- 21,2008
Location; Leed Fabriction Modular Site- Fenn' lr QUAN1 2 (JIM PRICE EXTENDED
DESCRIPTION-PRODUCT I SERVICE
Deliveries and Material Handling: 1 Is $ 350.00 $ 350.00
Standard Deliveries and Material Handling
Fencing 190 if $ 35.00 $ 6,650.00
foot black wrought iron fence 420 IIf $ 5.00 6,150.00
6 foot screening fabric
Removal of existing fence not included in this proposal
Notes:
1.Quote is only valid for 30 days from date of quote.
2. All material is gurardeed to be as specified.
3.119 wok to be completed in a workmanlike manner moaning --_-- _ _
-—-standard practices.
. 4.Am/alteration or deviation from above specifications involving
edra costs w®be executed only upon written orders aid
become an more charge over and above the estimate.
5.All agreements contingent upon strikes,accidents or delays
beyond our con td.
Insurance.
7. Perms tl fees are not included in proposal
B. Any quantity changes will be computed at the specified unit
price on this quote.
TOTAL FOR THIS PROPOSAL $ 9,100.0C
The proposed prices, Pew Arrowhead Landscaping,kw.is authorized to do tie work
s cations and conditions are herebyaceepled• completion.as specified.for 30 days followiing the dale ot will be�proposaldown .Prices are subjects)adjustment i°tie start of work with the balance dthereatieue ru less qote has been signed i��lid
scheduled prior.
X Date
Signature
• i .•
FROM CP.EEKSIDE LANDSCAPING INC _ FAX ;. 303 536 ipsal ii Jan. 1S 2629 04:37PM Pt
, 3
•
Proposal
raa.r�,�ry O
19757 WCR #8
Hudson CO 80642 , :fir : .
''' DATE
. a p
303-536-4859
i 1/14/2008
F I
NAME/ADDRESS I
Ruiz Construction I PROJECT
2405 Skeel St I I
Brighton, Co 80601 •
F
i
DESCRIPTION TOTAL
QTY _ _ -e...!-.J7, i
3/4"Water Tap-withDrain Valve{-inside modular) ._____. _......__. . 3$5.fl0 _.
4 Station Irrigation Controller 180.00
3 Tree &Shrub drip irrigation zone 945.00
4 2"Diameter Mountain Ash 1,460.00
42 5 Gallon Evergreen Shrub (Juniper or equal) 1,407.00
15 5 Gallon Potentilla 390.00
52 1 Gallon Ornamental Grass 741.00
50 1 Gallon Perennials 475.00
19.700 1-1/2" Landscape Rock & Fabric 12,805.00
•
I
TOTAL $18,788.00
PAYMENT SCHEDULE 1/3rd dti+wn., Balance at ca14pLet2on
SIGNATURE _
• •
Kutz Construction LLC BID SHEET
2405 Skeet St. Date 2/19/08
Brighton,Co.80601
Wk:303-659-8324 Cell: 720-218-1666
JOB ADDRESS
BID TO
Leed Fabrication 12505 Weld County Road#2
Pat Daniels Brighton, Co. 80603
JOB# TERMS REP PROJECT
L-102 r Bid good for 30 days Pat Blocks and Signs
Item Description/Services to be rendered Quantity Rate/Price TOTALS
SERVICE Install an supply parking blocks 50 $25.90 $1,295.00
Requested Install and supply handi-cap signs 2 $68.85 $137.70
MATERIALS All materials will be supplied by
contractor
THANK YOU FOR YOUR BUSINESS TOTAL $1,432.70
#*"144, MEMORANDUM
WI 1 TO: Board of County Commissioners
COLORADO DATE: March 18, 2008
/
FROM: Michelle Martin
SUBJECT: SPR-402
The Department of Planning Services received a letter of credit for the Private Improvements
Agreement for SPR-402 (Site Plan Review for sale and service of oil field equipment).
The collateral for the Improvements Agreement is in the amount of thirty nine thousand eight
hundred twenty one dollars ($39,821.00) 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 SPR-402.
Hello