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Home My WebLink About20081324.tiff RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#1591 - GIB SMITH 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 20, 2007, the Weld County Board of Commissioners approved Use by Special Review Permit#1591,for Gib Smith, P.O. Box 10, Commerce City, Colorado 80037,for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (outdoor storage for trucks, trailers, recreational vehicles, boats, and equipment) in the A(Agricultural) Zone District, on the following described real estate, to-wit: Part of the E1/2 of the NE1/4 of Section 7, Township 2 North, Range 66 West of 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval,the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance)between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Gib Smith, with terms and conditions being as stated in said agreement, and WHEREAS,the Board has been presented with Irrevocable Letter of Credit#1401211 from Colorado Community Bank, 3650 35th Avenue, Evans, Colorado 80620, in the amount of $26,006.28, 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 Gib Smith, be, and hereby is, approved. 2008-1324 PL1900 p IMPROVEMENTS AGREEMENT - GIB SMITH PAGE 2 BE IT FURTHER RESOLVED that Irrevocable Letter of Credit #1401211 from Colorado Community Bank,3650 35th Avenue, Evans,Colorado 80620, in the amount of$26,006.28,be and hereby is, accepted. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 5th day of May, A.D., 2008. / BOARD OF COUNTY COMMISSIONERS /�� to WELD COUNTY, COLORADO ATTEST: /IS X11 iY" - Z �,' [ /W William H. Jerke, Chair Weld County Clerk to the Board\ ; ,,yt EXCUSED M� Robert D. M err, Pro-Tem BY\. , /1U 4 Lk k ' "1 be D De y Clerk the Board J (/ V William F. Garcia APPROVED AS TO FORM: EXCUSED avid E. Long /0—Cour: Attordy cow Douglas Rademache Date of signature: ?I/3/bP) 2008-1324 PL1900 • IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) (1 THIS AGREEMENT,made and entered into this ,J day of MtA , 20,0g by and between the County of W eld,State of Colorado,acting through its Board of County Commission ers,hereinafter c ailed"County," and 6, h_ , 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: pc; e a LC-I N 4 01 5e c tac),/ 7 / 2_p R &6 11 - 4& (,+1 Fp j4 c/ c1 C LI C.) WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be known as (151 1- 1— 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 Exhib its "A" and "B" of this Agreement. NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptan cc and approval ofsa id 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 Exhib it "A," which is attached hereto and incorporated herein by reference. 1.1 The required engincering services shall be performed bya 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. I.3 Applicant shall furnish drawings and cost estimates forro ads within the Subdivision or Planned Unit Development to the County for appro val 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 agreedupon, 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 imp rovemen ts. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit 11111111111111111111111 III 1111111111111 III Oil! IIII IIII 3554284 05/15/2008 01:39P Weld County, CO 2008-1324 1 of 13 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 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 thatproper 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 toss and damage County may suffer as a result ofall 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 judgmen is rendered againstthe County on account of any such suit,action or claim,tog ether 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 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. 2 In' 11111 IIIIII Illll III B1111111 III 11111 IIII I'll 3554284 05/15/2008 01:39P Weld County, CO 2 of 13 R 0.00 D 0.00 Steve Moreno Clerk & Recorder S • 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 o f work on the Subdivision or Planned Unit Development improvem ents in that phase of the development 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 that the 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 greets,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 development, 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 improve ments subject to final approval by the Board ofCounty Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six(6)months of the Final Plat approval. Ifacceptab le 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 alter the Final Plat approval(not one year after acceptable collateral is submitted) unless the applicant(-) requests that this Agreement he 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 he 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 fthe collateral and take steps to see that the imp rovemen is 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 app licant 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 co llateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the req uirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accord ante with Exhibits "A" and "B." 8.0 Improvements Guarantee: The five types of collateral listed below arc acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.I 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 Exhib its "A" and "B." 8.1.2 The Letterof Credit shallprovide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer 3 1111111111111111111111III1111111111111III11111 (III (III 3554284 05/15/2008 01:39P Weld County, CO 3 of 13 R 0.00 D 0.00 Steve Moreno Clerk & Recorder I • 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-Ilundred percent (100%) of the estimatedeosts 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 Countyuntil released by Weld County. 8.1.6 The Letter of Creditshall 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 prop erty 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%)o f the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the 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 Impro vements A greement. 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 w ill not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 4 1111111111 1111111 Milli III III 11111 Ell IIII 3554284 05/15/2008 01:39P Weld County, CO 4 of 13 R 0.00 D 0.00 Steve Moreno Clerk & Recorder • • • 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 es crowed 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 rovements 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 We Id 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 be submitted from the appropriate Fire Authority indicating 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 C ounty, 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 comp any. 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 shallbe secured in accordance with one of 5 1111111 VIII 111111 1111 III 11111111111 111111 III 11111 IIII IIII 3554284 05/15/2008 01:39P Weld County, CO 5 of 13 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • • 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 de dicated sha 11 be maintained by the County or schoo 1 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 ofwhich 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 ofthe required acreage as determined according to Chapter 24 of the We Id 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. 6 1111111111111IIIIIVIII VIII 11111111IIIVIII1111Ilil 3554284 05/15/2008 01:39P Weld County, CO 6 of 13 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 0 IN WITNESS WHEREOF,the parties hereto have caused this Agreementto be executed on theday and year first above written. • e„,fSpRY .Plla�� APPLICANT: 41 I'h.1k tf DEBRA .) APPLICAN • I BRODHEAD f om11"'.... �OO TITLE: �✓--n.(.C F OF C0.-.Q � C S�ISc8ntS AMU` MA fore me this rday of AID JAL l_ , 20 tit My Commission expires: TT " Notary Public ,,, ��7// ATTEST:a AD E,La BOARD OF COUNTY COM MISSIONERS w'�i"A7/ r WELD COUNTY, COLORADO Weld County Clerk to the B a♦t ,.',tie r- `v t t::71.', iam H. Jerke .Chair Bl tx,4 1 utza j L •.''N.:.-. ..: .. :A, my rk to the Bead("\S) MAY 0 5 2008 APPROVED AS TO FORM: f�. _ � �,, C Count X7Ntttorney 7 II'lll MU HL 11111 MID 111111 III 11111 lilt IIII 3554284 05/15/2008 01:39P Weld County, CO 7 of 13 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder acCCJ-/3-a 4/ EXHIBIT "A" Name of Subdivision ) or Planned Unit Development �/�/� — I S� i 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 Construction Costs Cost Site grading Ire '4e JA) 17-60 Street grading Street base /'COO "etc 4 c Uoa, 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 " 17 ,_0 ,‘ff 8 Landscaping /J 7 /}�� • /. _ Park Rlcga, APA yet >i t`r V En ''1.6a, 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 The above improvements shall be constructed in accordance with all County requirements and specifications, and 8 I IIIIII IIIII IIIIII III III EMI IIIIII III !OAHU IIII 3554284 05/15/2008 01:39P Weld County, CO 8 of 13 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • • conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be coin pleted according to the construction schedule set out in Exhibit"B." By: ` i_ '7.+n I A Applicant Applicant yyAA o Owner Date:4:1_.9& . 20©g . Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 111111 IIIII 11111111111 III 1111111111111 III IIIII IIII IIII 3554284 05/15/2008 01:39P Weld County, CO 9 of 13 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 9 • • EXHIBIT "B" Name of Subdivision /C-. _ or Planned Unit Development v -5f 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 tgradingK0 Street base e Street paving Curbs, gutters, and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On-site sewage facilities On-site water supply and storage Water mains Fire hydrants Survey and street monuments and boxes Street lighting Street name signs Fencing requirements -O// Of / Landscaping All Park improvements All of �G Road culvert Grass lined swale Telephone Gas Electric Water Transfer SUB-TOTAL: 10 11111111111111111111111 III 1111111 111111 IIII 3554284 05/15/2008 01:39P Weld County, CO 10 of 13 R 0.00 D 0.00 Steve Moreno Clerk & Recorder • • 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 b y the Applicant that the above schedule cannot be met. By: 4 //` --J� =` 4 Applicant Applicant atm/41 Date: ggs/00 CAS Title (If corporation, to be signed by President and attested to by S ecretary,together with corporate seal.) II 111111111111 IIIIII 11111 III 1111111 HID III 111111 3554284 05/15/2008 01:39P Weld County, CO 11 of 13 R 0.00 D 0.00 Steve Moreno Clerk & Recorder • • BARCO FENCE, INC. • ;:%.:.:.:.:S:v35::S3:::S? NM* MISKSiSiSiaiatil P.O. BOX 100 o..morrososoo•I ?3t$ a Commerce City, CO 80037-0100 (303) -293-2323 JOB SKETCH Smith Trucking Platteville, CO A 500' A 34 180' B 111111111111111111111111111111111111111111111111111 03/11/2008 3554284 05/15/2008 01:39P Weld County, CO 12 of 13 R 0.00 0 0.00 Steve Moreno Clerk & Recorder ITEMIZED ESTIMATE ill x Smith Trucking Platteville, CO QTY. SOURCE # ITEM AMOUNT 280 NONE PROPANEL 3 X 6' @ 15.75 = 4410.00 85 NONE POSTMASTER POSTS @ 27.69 = 2353.65 2520 NONE SCREWS @ .088 = 221.76 2.38 NONE HAND MIXED CONCRETE @ 81.25 /Cu. Yard = 193.38 252 MH-050562 8' 2X4 CEDAR STRINGER @ 7.58 /Ea. = 1910.16 1 NONE NAILS @ 16.67 = 16.67 MATERIALS TOTAL: $ 9105.62 2.90% SALES TAX: 264.06 LABOR TOTAL: 4800.00 TOTAL: $ 14169.68 egderiAj B _____ /86 - LV-7,)0 3O' ,67--°--- 11111111111111111111111 III 1111111111111 III 111111 III 1111 3554284 05/15/2008 01:39P Weld County, CO 13 of 13 R 0.00 D 0.00 Steve Moreno Clerk& Recorder BARCO FENCE, INC. 03/11/2008 mtit--, MEMORANDUM IL I c TO: Board of County Commissioners COLORADO DATE: April 28, 2008 tt � t._j 3J 0 , 2: 0 FROM: Michelle Martin/A/N SUBJECT: USR-1591 The Department of Planning Services received a Letter of Credit for the Private Improvements Agreement for USR-1591 (A Site Specific Development Plan and Special Review Permit for A Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, (outdoor storage for trucks, trailers, recreational vehicles, boats, and equipment) in the A (Agricultural) Zone District.) The collateral for the Improvements Agreement is in the amount of $26,006.28 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 USR-1591. • Weld County Planning Department GREELEY OFFICE ?SitMEMORANDUM R.ECEIVED ITO: Michelle Martin, Planning Services DATE: 3/19/2008 CFROM: Donald Carroll, Engineering Administrator ,e • SUBJECT: USR-1591, Gib Smith COLORADO The Weld County Public Works has reviewed the Exhibit A portion of the Improvements Agreement for the transportation issues, which are site grading and street grading/parking lot. The quantities and unit costs appear to be adequate to complete these two items. The Weld County Public Works Departments recommends acceptance of these items. The fencing requirement and the additional ADA parking spaces required by Planning Services should be verified for quantity and estimated construction costs prior to scheduling. Clarification needed: Every time that I drive U. S. Highway 85 corridor and pass this location, the applicant always has a piece of heavy equipment for sale adjacent to Highway 85. Does the USR allow the sale or service of equipment on site? pc: USR-1591 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1591-A.DOC ,t,7 ,-/L IRREVOCABLE LETTER OF CREDIT NO. 1401211 April 22,2008 Board of County Commissioners ATTN: Clerk to the Board P.O.Box 758 Greeley, CO 80632 RE: Case#USR-1591,Gib Smith Dear Board of Commissioners: We hereby open our Irrevocable Letter of Credit in your favor for the account of Gib Smith,P.O.Box 10 Commerce City,CO 80037, for a sum not to exceed the aggregate of$26,006.28. (Twenty six thousand, six dollars and twenty-eight cents). Each draft so drawn must be marked"Drawn under COLORADO COMMUNITY BANK, 3650 35T° AVENUE,EVANS,CO 80620,"Letter of Credit No. 1401211 and be accompanied by a"signed statement from the Board of County Commissioners of Weld County, Colorado stating the applicant,Gib Smith,has committed a material breach of the improvements regarding Case#USR-1591 dated the 22nd day of April, 2008 by and between the applicant,Gib Smith and the Board of County Commissioners of the County of Weld." This credit is subject,so far as applicable,to"The Uniform Customs and Practice for Documentary Credits, 1993 Revision,The International Chamber of Commerce Publication No. 500," We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit will be duly honored and presented for payment to our branch office,COLORADO COMMUNITY BANK, 3650 35TH AVENUE,EVANS,CO 80620.This letter of credit will expire on April 20,2009 at 2:00 P.M. This letter of credit is automatically extended without amendment, for additional one year periods from the current expiration or any future expiration date unless 60 days prior to such current expiration date, COLORADO COMMUNITY 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)a draft at sight on COLORADO COMMUNITY BANK: (b) a statement purportedly signed by an official of the Board of County Commissioners of Weld County,Colorado stating that we have receive notice from COLORADO COMMUNITY BANK the Letter of Credit No. 1401211 will not be renewed and that Gib Smith has failed to provide proof of adequate collateral and substitution of this Letter of Credit No. 1401211: (c)copy of letter from COLORADO COMMUNITY BANK stating non-renewal of Letter of Credit No. 1401211 and the original letter of credit. You t ly, Larry ert tTY ergert President Colorado Community Bank tre%eo ��t Spol/n.41 A/cSi ngd 4p,Q 20 etaz p-�7menf Ice 2008 elk. April 24, 2008 Michelle Martin Weld County Department of Planning Services 4209 County Road 241/2 Longmont, CO 80504 RE: Gib Smith- Irrevocable Letter of Credit # 1401212 Dear Michelle: Enclosed is Gib's ILOC that your office has requested on Gib Smith. Please contact me if you have any questions. Youfliruly, rif . Larry E. ergert Branch President End (1) "Community Banking at its Best!" Akron.CO 307'_0 Castle Rock.CO 801114 Centennial.CO 80015 Evans.CO 8116'_0 l iresione CO 80504 (970) 345-2026 (3031688-4900 (403)693-70119 (970)339-8430 1720)652-7'55 Greeley.CO 30634 Highlands Ranch.CO 80130 Johnstown.CO 80534 Loveland.CO 80537 (970)33(1-6090 (3031346-6300 19701 587 7160 (970)278-004(1 Yuma,CO 80759 Milliken.CO 80543 Otis)CO 80743 Scvcrance,CO 80546 Sterling.CO 30751 (970) 843-3838 (9701587-1880 (970) 246-4456 (070)086-90011 (97015??-5151 (9701848-350)) www.coloradocommunitybank.com 6 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 ' P. O. BOX 758 GREELEY, COLORADO 80632 WI C. COLORADO June 25, 2009 COLORADO COMMUNITY BANK 3650 35TH AVENUE EVANS CO 80620 RE: Letter of Credit#1401211 for Gib Smith Ladies and Gentlemen: This letter shall act as a reminder of your obligations to the Board of County Commissioners of Weld County under the above-referenced Letter of Credit. As you are aware, on the 22nd day of April, 2008, Colorado Community Bank, issued a Letter of Credit on behalf of Gib Smith naming the Board of County Commissioners of Weld County, Colorado as beneficiary. The dollar amount of the Letter of Credit was established at Twenty-Six Thousand, Six dollars and 28/100 ($26,006.28). The terms of the Letter of Credit require that it be maintained by your institution until the 20th day of April, 2009, with auto renewal unless 60 days notice is provided. If you believe that the Letter of Credit expired prior to that date, please contact me immediately, as you are required under the terms of the Letter of Credit to replace it. If you have any questions regarding this letter or your obligations under the Letter of Credit, or if you disagree with any of the statements contained herein, please call Donna Bechler, at 970-356-4000, ext. 4227, or e-mail me at dbechler@co.weld.co.us. Very truly yours, ute# I% Donald D. Warden Clerk to the Board By. eputy Clerk' o the Board pc Gib Smith Colorado Community Bank August 4, 2009 Donald D. Warden Clerk to the Board PO Box 758 Greeley, CO 80632 RE: Gib Smith- Irrevocable Letter of Credit# 1401257; Replacement of Irrevocable Letter of Credit # 1401211 Dear Mr. Warden: The letter is a follow up to my conversation with Donna Bechler several weeks ago that Colorado Community Bank had continued to maintain its Letter of Credit for Gib Smith until April 20, 2010. Please note the change in the LOC number as shown above. In addition, this letter is to provide Notification to the Board of Commissioners of Weld County that Colorado Community Bank WILL NOT renew said Letter of Credit or honor any draw requests on Letter of Credit# 1401257 on or after April 20, 2010. Should you have any questions, please contact me at the Evan Branch Office. The phone number is (970) 339-8430. Thank you. Yortruly,91 ad_ Larry E. Hergert Senior Vice President "Community Banking at its Best!" Akron,CO 8072(1 Castle Rock,CO 80104 Centennial,CO 80(115 Evans.CO 8062(1 Firestone.CO 805(1 (970) 345-2026 (303)688-4900 (303)693-7009 (970)339-8430 (7201652-7255 Greeley.CO 80634 Highlands Ranch.CO 8(113(1 Johnstown.CO 80534 Loveland.CO 80537 (970)330-6090 (3031346-6300 (9701587-216(1 (9701278-0040 Yuma,CO 80759 Milliken,CO 80543 Otis.CO 80743 Severance_CO 80546 Sterling,CO 80751 (9701 858-3838 (9701587-2880 (970) 246-3456 (9701686-9090 (970)522-5151 (970)848-350(1 www.coloradocommunitybank.com Hello