HomeMy WebLinkAbout20081986.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE), AUTHORIZE
CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR PLANNED UNIT DEVELOPMENT
FINAL PLAN, PF#1129 - THE HOME RANCH, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on May 14, 2008, the Weld County Board of Commissioners approved
Planned Unit Development Final Plan, PF#1129, for The Home Ranch, LLC, c/o Christopher
Serbousek, 7471 County Road 74, Windsor, Colorado 80550, for eight (8) residential lots with
E (Estate) Zone uses, along with 7.071 acres of open space, for a parcel of land located on the
following described real estate, to-wit:
Lots A and B of Recorded Exemption #4545; being
part of the E1/2 SW1/4 of Section 32, Township 7
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 (Public
Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and The Home Ranch, LLC, with terms and conditions
being as stated in said agreement, and
WHEREAS,the Board has been presented with Irrevocable Letter of Credit#07-0020 from
Mile High Banks, 2950 North Garfield Avenue, Loveland, Colorado 80538, in the amount of
$332,651.52, 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(Public Road Maintenance)between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and The Home Ranch, LLC, be, and
hereby is, approved.
2008-1986
PL1920
IMPROVEMENTS AGREEMENT - THE HOME RANCH, LLC
PAGE 2
BE IT FURTHER RESOLVED that Irrevocable Letter of Credit 07-0020 from Mile High
Banks, 2950 North Garfield Avenue, Loveland, Colorado 80538, in the amount of$332,651.52, be
and hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 16th day of July, A.D., 2008.
# s BOARD OF COUNTY COMMISSIONERS
-a ELD COUNTY, COLORADO
4 c I r At
ATTEST: Lid101 • Dili M H. Jerke, Chair
Weld County Clerk to the B' ?
, VL '
Robert D. en, Pro-Tem
BY:
Deputy Clerk t. the Board
Wil ' F. Garcia
APPRQD A ( • F
David E. Long
ounty ttorney
Dougla Rademac er
Date of signature: EA70±
2008-1986
PL1920
76 IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLIC ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this Z 81 day of 20O8 by and
between the County of Weld, State of Colorado, actin through its Board of ounty Commissioners,
hereinafter called "County," and`771 i+n F �i hh�\( , ereinaft r 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:
WHEREAS,a final SRbdivision/Planned Unit Development(PUD)Plat of said property,to be known
as 14 ovv1 ✓CH+ 1l f j i.LC has been submitted to the County for approval; and
WHEREAS, relevant Sections of the Weld County Code provide that no Subdivision Final Plat,
Planned Unit Development Final Plat, or Site Plan shall be approved by the County until the Applicant has
submitted a Subdivision Improvements Agreement guaranteeing the construction of the public improvements
shown on plans, plats and supporting documents of the Subdivision Final Plat, Planned Unit Development
Final Plat,or Site Plan,which improvements,along with a time schedule for completion,are listed in Exhibits
"A" and"B" of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and
approval of said Final Plat,the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in
connection with the design and construction of the Subdivision or Planned Unit Development
improvements listed on Exhibit "A," which is attached hereto and incorporated herein by
reference.
1.1 The required engineering services shall be performed by a Professional Engineer and
Land Surveyor registered in the State of Colorado,and shall conform to the standards
and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs,plans and profiles,estimates,construction supervision,and the submission
of necessary documents to the County.
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. Before acceptance of the roads within the Subdivision or
Planned Unit Development by the County, Applicant shall furnish one set of
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reproducible "as-built" drawings and a final statement of construction cost to the
County.
2.0 Rights-of-way and Easements: Before commencing the construction of any improvements
herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights-of-
way and easements on all lands and facilities traversed by the proposed improvements. All
such rights-of-way and easements used for the construction of roads to be accepted by the
County shall be conveyed to the County and the documents of conveyance shall be furnished
to the County for recording.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or
Planned Unit Development improvements listed on Exhibit"A,"which is attached hereto and
incorporated herein by reference,according to the construction schedule set out in Exhibit"B"
also attached hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a Subdivision or Planned Unit Development is proposed
within three miles of an incorporated community located in Weld County or located
in any adjacent county, the Applicant shall be required to install improvements in
accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards at the time the
Subdivision or Planned Unit Development is proposed, the requirements and
standards of the County shall be adhered to. If both the incorporated community and
the County have requirements and standards,those requirements and standards that
are more restrictive shall apply.
3.2 Applicant shall employ, at its own expense,a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and
inspect, or to require testing and inspection of material and work, at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems, water, gas, electric and telephone
services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed,
according to the terms of this Agreement,within the construction schedule appearing
in Exhibit "B." The Board of County Commissioners, at its option, may grant an
extension of the time of completion shown on Exhibit"B"upon application by the
Applicant subject to the terms of Section 6 herein.
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
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every nature and description caused by, arising from, or on account of said design and
construction of improvements,and pay any and all judgments rendered against the County on
account of any such suit,action or claim,together with all reasonable expenses and attorney
fees incurred by County in defending such suit, action or claim whether the liability,loss or
damage is caused by, or arises out of the negligence of the County or its officers, agents,
employees,or otherwise except for the liability,loss,or damage arising from the intentional
torts or the gross negligence of the County or its employees while acting within the scope of
their employment. All contractors and other employees engaged in construction of the
improvements shall maintain adequate worker's compensation insurance and public liability
insurance coverage,and shall operate in strict accordance with the laws and regulations of the
State of Colorado governing occupational safety and health.
5.0 Off-Site Improvements Reimbursement Procedure: The subdivider,applicant,or owner may
be reimbursed for off-site road improvements as provided in this section when it has been
determined by the Board of County Commissioners that the road facilities providing access to
the Subdivision or Planned Unit Development are not adequate in structural capacity,width,
or functional classification to support the traffic requirements of the uses of the Subdivision or
Planned Unit Development.
5.1 The subdivider, applicant, or owner shall enter into an off-site improvements
agreement prior to recording the final plat when the subdivider,applicant,or owner
expects to receive reimbursement for part of the cost of the off-site improvements.
5.2 The off-site improvements agreement shall contain the following:
The legal description of the property to be served.
The name of the owner(s)of the property to be served.
A description of the off-site improvements to be completed by the
subdivider, applicant, or owner.
The total cost of the off-site improvements.
The total vehicular trips to be generated at build-out by the Subdivision,
Resubdivision,or Planned Unit Development,as specified by the ITE Trip
Generation Manual, or by special study approved by the Board of County
Commissioners.
A time period for completion of the off-site improvements.
The terms of reimbursement.
The current address of the person to be reimbursed during the term of the
agreement.
Any off-site improvements agreement shall be made in conformance with the
Weld County policy on collateral for improvements.
5.3 If the subdivider, applicant, or owner fails to comply with the improvements
agreement,the opportunity to obtain reimbursement under this section is forfeited.
5.4 When it is determined by the Board of County Commissioners that vehicular traffic
from a Subdivision, Resubdivision, or Planned Unit Development will use a road
improvement constructed under an improvements agreement, the subsequent
subdivider,applicant,or owner shall reimburse the original subdivider,applicant,or
owner, for a portion of the original construction cost. In no event shall the original
subdivider, applicant, or owner collect an amount which exceeds the total cost of
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improvements less the pro rata share of the total trip impacts generated by the
original development. Evidence that the original subdivider,applicant,or owner has
been reimbursed by the subsequent subdivider,applicant or owner shall be submitted
to the Department of Planning Services prior to recording the Subdivision,
Resubdivision, or Planned Unit Development Final Plat.
5.5 The amount of road improvement costs to be paid by the subsequent subdivider,
applicant,or owner of a Subdivision,Resubdivision,or Planned Unit Development
using the road improvements constructed under a prior improvement agreement will
be based upon a pro rata share of the total trip impacts associated with the number
and type of dwelling units and square footage and type of nonresidential
developments intended to use the road improvement. The amount of road
improvement costs shall also consider inflation as measured by the changes in the
Colorado Construction Cost Index used by the Colorado Division of Highways. The
cost of road improvements may be paid by cash contribution to the prior subdivider,
applicant or owner, or by further road improvements which benefit the prior
subdivider, applicant, or owner's property. This decision shall be at the sole
discretion of the Board of County Commissioners based upon the need for further
off-site road improvements.
5.6 The report entitled TRIP GENERATION (Third Edition, 1982) of the institute of
Transportation Engineers shall normally be used for calculating a reasonable pro rata
share of the road improvement construction costs for all Subdivisions,
Resubdivisions,or Planned Unit Developments. A special transportation study shall
be used for land uses not listed in the ITE Trip Generation Manual. Any question
about the number of trips a Subdivision, Resubdivision, or Planned Unit
Development will generate shall be decided by the County Engineer.
5.7 The term for which the subdivider,applicant,or owner is entitled to reimbursement
under the off-site improvements agreement,entered into between the subdivider and
the County, is ten years from the date of execution of a contract for road
improvements.
5.8 This provision is not intended to create any cause of action against Weld County or
its officers or employees by any subdivider,applicant,or owner for reimbursement,
and in no way is Weld County to be considered a guarantor of the monies to be
reimbursed by the subsequent subdividers, applicants,or owners.
6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following
procedures by the Applicant,streets within a Subdivision or Planned Unit Development may
be accepted by the County as a part of the County road system and will be maintained and
repaired by the County.
6.1 If desired by the County,portions of street improvements may be placed in service
when completed according to the schedule shown on Exhibit"B,"but such use and
operation shall not constitute an acceptance of said portions.
6.2 County may,at its option,issue building permits for construction on lots for which
street improvements detailed herein have been started but not completed as shown on
Exhibit "B," and may continue to issue building permits so long as the progress of
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work on the Subdivision or Planned Unit Development improvements in that phase
of the development are 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 the streets and
recommend that the Board of County Commissioners accept them for partial
maintenance by the County. Partial maintenance consists of all maintenance except
for actual repair of streets, curbs and gutters, and related street improvements. Not
sooner than nine months after acceptance for partial maintenance of streets, the
County Engineer shall,upon request by the applicant,inspect the subject streets,and
notify the applicant(s)of any deficiencies. The County Engineer shall reinspect the
streets after notification from the applicant(s) that any deficiencies have been
corrected. If the County Engineer finds that the streets are constructed according to
County standards,he shall recommend acceptance of the streets for full maintenance.
Upon a receipt of a positive unqualified recommendation from the County Engineer
for acceptance of streets within the development, the Board of County
Commissioners shall accept said streets as public facilities and County property,and
shall be responsible for the full maintenance of said streets including repair.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One-
Hundred percent (100%) of the value of the improvements as shown in this
Agreement. Prior to Final Plat approval,the applicant shall indicate which of the five
types of collateral preferred to be utilized to secure the improvements subject to final
approval by the Board 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. An applicant may request that the County extend the Final Plat
approval provided the cost estimates are updated and the development plans are
revised to comply with all current County standards,policies and regulations. The
improvements shall be completed within one(1)year after the Final Plat approval
fnot 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
f100%) of the value of the improvements remaining to be completed. If
improvements are not completed and the agreement not renewed within these time
frames, the County, at its discretion, may make demand on all or a portion of the
collateral and take steps to see that the improvements are made.
7.2 The applicant may choose to provide for a phased development by means of
designating filings of a Planned Unit Development Final Plan or Subdivision Final
Plan. 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
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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." The costs
of the improvements described in Exhibit"A"will be adjusted higher or lower for the
year and quarter in which the contemplated work is being performed based on"The
State Highway Bid Price Index" contained in the "Quarterly Cost Report" of The
Engineering News-Record as published by The McGraw-Hill Companies. The
applicant has provided cost estimates for all phases of the development which will be
adjusted in accordance with The State Highway Bid Price Index at the time of
posting of collateral for each phase.
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution
on a form approved by Weld County. The Letter of Credit shall state at least the
following:
8.1.1 The Letter of Credit shall be in an amount equivalent to One-Hundred
percent(100%)of the total value of the improvements as set forth in Section
6.0 and Exhibits "A" and "B."
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County
if the developer has not performed the obligations specified in the
Improvements Agreement and the issuer has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times, the
unreleased portion of the Letter of Credit shall be equal to a minimum of
One-Hundred percent (100%) of the estimated costs of completing the
uncompleted portions of the required improvements,based on inspections of
the development by the issuer. In no case shall disbursement for a general
improvement item exceed the cost estimate in the Improvements Agreement
(i.e., streets, sewers,water mains and landscaping, etc.). The issuer of the
Letter of Credit will sign the Improvements Agreement acknowledging the
agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total
Letter of Credit amount cannot be drawn upon and will remain available to
Weld County until released by Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
Letter of Credit shall be either the date of release by Weld County of the
final fifteen percent(15%),or one year from the date of Final Plat approval,
whichever occurs first. Said letter shall stipulate that, in any event, the
Letter of Credit shall remain in full force and effect until after the Board has
received sixty(60)days written notice from the issuer of the Letter of Credit
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of the pending expiration. Said notice shall be sent by certified mail to the
Clerk to the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property
acceptable to the Board of County Commissioners provided that the following are
submitted:
8.2.1 In the event property within the proposed development is used as collateral,
an appraisal is required of the property in the proposed development by a
disinterested Member of the American Institute of Real Estate Appraisers
(M.A.I.)indicating that the value of the property encumbered in its current
degree of development is sufficient to cover One-Hundred percent(100%)of
the cost of the improvements as set forth in the Improvements Agreement
plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been
accepted as collateral by Weld County,then an appraisal is required of the
property by a Member of the Institute of Real Estate Appraisers (M.A.I.)
indicating that the value of the property encumbered in its current state of
development is sufficient to cover One-Hundred percent(100%)of the cost
of the improvements as set forth in the Improvements Agreement plus all
costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the
amount specified in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for
improvements as specified in the agreement and for no other purpose and
will not release any portion of such funds without prior approval of the Weld
County Board of Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank or financial
institution.
8.3.4 If Weld County determines there is a default of the Improvements
Agreement,the escrow agent,upon request by the County,shall release any
remaining escrowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of
Colorado in an amount equivalent to One-Hundred percent (100%)of the value of
the improvements as specified in the Improvements Agreement.
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8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of
the value of the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a
portion of the project by Weld County,the Applicant must present a Statement of Substantial
Compliance from an Engineer registered in the State of Colorado that the project or a portion
of the project has been completed in substantial compliance with approved plans and
specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during the
course of construction and the construction plans utilized are the same as those
approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation(CDOT)Schedule for minimum materials sampling,
testing and inspections found in 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
if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in Sections 9.0 thru 9.5 shall be noted on the final construction
plans.
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of acceptance of the streets for partial maintenance by the County,
the applicant(s)may request release of the collateral for the project or portion of the
project by the Board. This action will be taken at a regularly scheduled public
meeting of the Board.
9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"in
the amount of fifteen percent(15%) of the value of the improvements as shown in
this Agreement excluding improvements fully accepted for maintenance by the
responsible governmental entity, special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon final acceptance by the
Board of County Commissioners for full maintenance under Section 5.3 herein.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a
rezoning, Subdivision or Planned Unit Development,requires the dedication, development
and/or reservation of areas or sites other than Subdivision or Planned Unit Development
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streets and utility easements of a character, extent and location suitable for public use for
parks, greenbelts or schools, said actions shall be secured in accordance with one of the
following alternatives, or as specified in the Planned Unit Development plan, if any:
10.1 The required acreage, as may be determined by relevant Sections of the Weld
County Code, shall be dedicated to the 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 by relevant Sections of the Weld County Code
may be reserved through deed restrictions as open area, the maintenance of which
shall be a specific obligation in the deed of each lot within the Subdivision or
Planned Unit Development.
10.3 In lieu of land,the County may require a payment to the County in an amount equal
to the market value at the time of Final Plat submission of the required acreage as
determined by relevant Sections of the Weld County Code. Such value shall be
determined by a competent land appraiser chosen jointly by the Board and the
Applicant. The cash collected shall be deposited in an escrow account to be
expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal
representatives, successors and assigns of the Applicant,and upon recording by the County,
shall be deemed a covenant running with the land herein described,and shall be binding upon
the successors in ownership of said land.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day
and year first above written.
APPLICANT: \ Lf-C
APPLICANT:
TITLE: f_J
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Subscribed and sworn to before me this Z�iV day of M� , 20O E3 .
My Commission expires: U?i �� ✓ mot//0 *«��
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Er J`kaiS BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
*Diet. ty , erk to the Board William H. Jerke , Chair
JUL 1 6 2008
BY:
Deputy Clerk ti e Board
APPROVED AS TO FORM:
County Attorney
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EXHIBIT "A"
Development: /F HOME A iAc 4 Cc
Filing: tt /! ,' �A� ,,(( /�� ( cry
Location: 7L1�/ L J l C L L{ W \ UL9 C� F O S.S C
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision
or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply.)
Improvements Quantity Units Unit Estimated
Costs Construction Cost
Site grading See i t3
Street grading
Street base
Street paving
Curbs,gutters, and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch Improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water Mains(includes bore)
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street Names
Fencing requirements
Landscaping
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water transfer
SUB-TOTAL:
Engineering and Supervision Costs $
(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 $
111111111111111111 IIII 11111111111111111 III 111111 III Ill Revised 03/09/2004
3572176 08/14/2008 01:56P Weld County, CO ARY INTERNET FILES\OLKI4S\APUBLIC.DOC
11 of 16 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Said improvements shall be completed according to the construction/schedule set out in Exhibit "B."
By: lAnC Y�l'gvAc_J
A Jt
Applicant
i`jl��l ✓Z Date: S / , 20 OC6.
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
I 11111 11111 111 I I I 11111 11111jJt1II0II 111 1111
3572176 08/14/2008 01:56P Weld County, CO
12 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
12 Revised 03/09/2004
CAWINNT\TEMP\TEMPORARY INTERNET FILES\OLK148\APUBLIC.DOC
•
EXHIBIT"B"
Name of Subdivision c, (� �' ('
or Planned Unit Development: I it I I CA ti A CH w
Filing: —7
Location: 1 97) CA- LIui , vo 0 sk- ✓t_ cu. I fl(
All improvements shall be completed within years from the date of approval of the final plat.
Construction of the improvements listed in Exhibit"A" shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading
Street grading
Street base
Street paving
Curbs, gutters,and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water mains
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water transfer
SUB-TOTAL:
1 111111 11111 111111 1111111111 11111 111111 III 111111 III I'll
3572176 08/14/2008 01:56P Weld County, CO Revised 03/09/2004
13 of 16 R 0.00 0 0.00 Steve Moreno Clerk& Recorder EMPORARY INTERNET FILES\OLKl4S\APUBLIC.DOC
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: t - � r c C t
H L-C ..
Ap e ` ant
App icant
OL3VN C4 Date: 5 Z 2 , 20
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
111M 11111 IIII 111111 IIIII 111111 III 111111 III III!
3572176 08/14/2008 01:56P Weld County, CO
14 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
14 Revised 03/09/2004
C:\WINNT\TEMP\TEMPORARY INTERNET FILES\OLK148\APUBLIC.DOC
The Home Ranch
Work To Be Completed As Of 07/11/08
DIVISION ITEM DESCRIPTION BID UNIT BID
NUMBER NUMBER OF ITEM QTY UNIT BID TOTAL
02 02-117 15" CMP Strm Drain(a)Sterks
Driveway 40.00 LF 48.00 1,920.00
02 02-118 15" CMP FES (a)Sterks Driveway 2.00 EA 75.50 151.00
2,071.00
64 64-200 Traffic Control 1.00 LS 2,000.00 2,000.00
2,000.00
22 22-115 Asphalt Removal Milling 255.00 SY 13.50 3,442.50
22 22-220 Remove Pipe 55.00 LF 9.75 536.25
3,978.75
23 23-101 Strip Topsoil 600.00 CY 1.50 900.00
23 23-105 Unclassified Excavation 1,291.00 CY 2.85 3,679.35
23 23-300 Subgrade Preparation 2,613.00 SY 1.30 3,396.90
23 23-150 Finish Grading 600.00 CY 1.75 1,050.00
9,026.25
35 35-106 Aggregate Base Course Shouldering
. 326.00 TON 14.30 4,661.80
47 47-102 Asphalt Paving 8" HMA 2,613.00 SY 27.00 70,551.00
35 47-102 Asphalt Paving 6" Agg Base 2,613.00 SY 6.50 16,984.50
64 47-300 Pavement Marking Allowance 1.00 LS 5,700.00 5,700.00
64 47-401 Side Street(W2-2) 2.00 EA 240.00 480.00
64 47-402 Left Lane Must Turn Left(R3-7) 2.00 EA 240.00 480.00
98,857.30
23 23-200 Subgrade Preparation 1,200.00 SY 0.90 1,080.00
1,080.00
47 47-102 Asphalt Paving 3" HMA 1,200.00 SY 14.00 16,800.00
35 47-102 Asphalt Paving 4" Recycle Base 1,200.00 SY 3.00 3,600.00
20,400.00
29 29-102 Straw Bale Dike 19.00 EA 140.00 2,660.00
29 29-104 Culvert Protection 5.00 EA 250.00 1,250.00
3,910.00
03 03-600 Adjust Valve Box 6.00 EA 210.00 1,260.00
1,260.00
35 35-106 Aggregate Base Course Shouldering
920.00 TON 13.00 11,960.00
47 47-102 Asphalt Paving 4" HMA 9,267.00 SY 12.50 115,837.50
35 47-102 Asphalt Paving 6" Recycle Base 9,267.00 SY 4.50 41,701.50
64 47-400 Stop Signs(RI-I) (30" x 30") 2.00 EA 330.00 660.00
170,159.00
Total of All Work To Be Comp 312,742.30
1111111 11111 111111 IIII 111111 1111 111111111 111111 111 1111
3572176 08/14/2008 01:56P Weld County, CO
15 of 16 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
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3572176 08/14/2008 01:56P Weld County, CO
16 of 16 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
re-111(‘-
MEMORANDUM
wink TO: Board of County ssioners
FROM: Chris Gathman - Planner II ,A 7/14/2008
COLORADO
SUBJECT: Acceptance of Collateral for PF-1129 (Home Ranch PUD)
On July 11, 2008 the Department of Planning Services received collateral in the form of a
Irrevocable Letter of Credit (07-0020) in the amount of($332,651.52)for PF-1129 (Home Ranch
PUD).
The improvements agreement and collateral has been reviewed by the Department of Public
Works and it has been determined that the amount of collateral is sufficient to cover the
proposed on-site and offsite road and drainage improvements. Road and drainage
improvements amount to $312,742.30. The Department of Public Works recommends
acceptance of this collateral.
Landscaping was not called out in the work to be completed list submitted 7/11/2008. There is
additional collateral in the amount of$19,909.22 remaining on the letter of credit. The
Department of Planning Services is acceptable with this amount being designated for
landscaping provided the applicant (Chris Serbousek) authorizes this. The Department of
Planning Services has left a message with Mr. Serbousek outlining this request and
recommends acceptance of this collateral provided Mr. Serbousek gives his authorization to
include the amount of$19,909.22 towards landscaping improvements.
SERVICE.TEAMWORK.IN I LGKI I V,QCALI I V
Donna Bechler
From: Chris Gathman
Sent: Monday, July 14, 2008 1:04 PM
To: Donna Bechler
Subject: FW: Scanned image from MX-M550N
Attachments: SharpScan@connellresources.com20080714_110434.pdf
SharpScan@connell
resources.com...
Donna,
Here is the updated construction schedule for the Serbousek (PF-1129) collateral.
Chris
Chris Gathman, AICP, Planner II
Weld County Department of Planning Services
918 10th Street, Greeley, Colorado 80631
ph (970) 353-6100 ext. 3540 fax (970) 304-6498
Original Message
From: Jennifer Acton [mailto:jacton@connellresources.com]
Sent: Monday, July 14, 2008 12:05 PM
To: Chris Gathman
Subject: FW: Scanned image from MX-M550N
Chris,
Here is my latest schedule assuming we start work on CR 74 this Thursday.
This schedule only represents the scope work under my contract. I am not
aware of the other activities. Thank you.
Thanks,
Jennifer Acton
Project Manager/Estimator
Connell Resources, Inc
7785 Highland Meadows Pkwy. #100
Fort Collins, CO 80528
(970) 530-4697 Direct
(970) 223-3151 Main
(970) 223-3191 Fax
Original Message
From: SharpScan@connellresources.com [mailto:SharpScan@connellresources.com]
Sent: Monday, July 14, 2008 5:05 AM
To: mpearson@connellresources.com; jacton@connellresources.com
Subject: Scanned image from MX-M550N
DEVICE NAME: Not Set
DEVICE MODEL: MX-M550N
LOCATION: Not Set
FILE FORMAT: PDF MH(G3)
RESOLUTION: 300dpi x 300dpi
Attached file is scanned image in PDF format.
Use Acrobat(R)Reader4.0 or later version, or Adobe(R)Reader(TM) of Adobe
Systems Incorporated to view the document.
1
G
\ 111 , 1 , 111 ( 111 11 O 'NI\ S
IRREVOCABLE LETTER OF CREDIT NO.07-0020
Date: July 11, 2008
Board of County Commissioners
ATTN: Clerk to the Board
P.O. Box 758
Greeley,CO 80632
RE: The Home Ranch, LLC
•
Dear:
We hereby open our Irrevocable Letter of Credit in your favor for the accountof The Home Ranch,LLC, 7471
Weld County Road 74,Windsor,CO 80550, for a sum not to exceed the aggregate of$332,651.52(Three
Hundred Thirty-two Thousand six hundred fifty-one dollars and fifty-two cents).
Each draft so drawn must be marked"Drawn underMILE HIGH BANKS,2950 North Garfield Avenue,
Loveland,CO 80538, Letter of Credit No. 07-0020"and be accompanied by a signed statement from the Board of
County Commissioners of Weld County, Colorado statingthat"The Home Ranch,LLC has committed a material
breach of the Improvements Agreement According to Policy RegardingCollateral for Improvements regarding
Public Road Maintenance and Private Road Maintenance dated the 28th day of May, 2008, by and between The
Home Ranch, LLC 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 CI-edits, 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 main office,MILE HIGH BANKS, (Address). This letter of credit will
expire on July 11,2009 at 5:00 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 MILE HIGH BANKS
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 onMILE HIGH BANKS; (b)a statement
purportedly signed by an official of the Board of County Commissioners of Weld County, Colorado stating that we
have received notice from MILE HIGH BANKS the Letter of Credit No.07-0020 will not be renewed and that The
Home Ranch, LLC has failed to provide proof of adequate collateral and substitution of this Letter of Credit No.
07-0020, (c)cop of letter from MILE HIGH BANKS stating non-renewal of Letter of Credit No.07-0020 and the
original letter credit
`
Yourstrulf '
4' i /
Tim erkle
Branch President
Mile High Banks - Loveland Branch
M:AWPFILES\FORM\LTRCREDIT.DB
l r�;d ,r I 750 1'.. i th ,.,r:iie l I n v • uvv.�ind ' —7,1, ( S! ' !.' • l i A.81'I I f n
BENEFICIARY ACCEPTANCE OF LETTER OF CREDIT
Principal Laan Data Maturity Login Nc caa i cal Account Officer Initials
*332.651.52 07-17 2008 07700118.15 on
References in the boxes above are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing ""'" has been omitted due to text length limitations.
Borrower: The Home Ranch. LLC, a Colorado limited liability Lender: MILE HIGH BANKS
company LOVELAND BRANCH
7471 Weld County Road 74 2950 N. GARFIELD AVE.
Windsor, CO 80550 LOVELAND, CO 80538
1970) 669-6424
ACKNOWLEDGMENT OF ACCEPTANCE
Beneficiary, being a party to this Letter of Credit issued by Lender, hereby acknowledges acceptance of the Letter of Credit and further agrees
that any alteration or amendment of the Letter of Credit will not be effective unless and until approved in writing by Lender, Borrower, and
Beneficiary.
BENEFICIARY: ]�
X ell.
Authorized Signer for Beneficiary
LASER PRO Lend,,5e.,5.4O.W.003 CRpr.Hansa EinencH5quuwe,irc.i99).1W8. Ali Pipne R,R,IA.e, -CO CLDCALCEILLPLG60.Ef TR 5a, PP 05
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