HomeMy WebLinkAbout20080145.tiff 454 RESOLUTION
RE: ACKNOWLEDGE SATISFACTION OF REQUIREMENTS FOR COUNTY ROAD 3 -
HIGHVIEW DEVELOPMENT, 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 August 30, 2006, by Resolution #2006-2396, the Board of County
Commissioners of Weld County approved an Agreement for Improvements for County Road 3,
dated May 18, 2006, and an Improvements Agreement According to Policy Regarding Collateral
for Improvements(Public Road Maintenance)dated March 28, 2006, with Highview Development,
LLC, and
WHEREAS, the terms of said agreements provided in relevant part, that Highview
Development, LLC, would pay land development charges in the amount of twenty(20) percent of
the total cost of the road improvements to County Road 3, or$54,000.00, whichever amount was
lower,to Weld County for its work on road improvements, as long as said improvements on County
Road 3 were completed by Weld County within five (5) years of the date of the Agreement, and
WHEREAS,the cost of the road improvements was nearly$500,000.00, so the$54,000.00
amount was less than twenty (20) percent of the total cost, and
WHEREAS, by the terms of the Agreement for Improvements for County Road 3, Highview
Development, LLC, was required to provide collateral to secure payment of its obligation, and the
collateral provided was an escrow account, not held by Weld County, into which $6,000.00 was to
be deposited upon the sale of each of the nine lots in the Planned Unit Development, and
WHEREAS, Highview Development, LLC, has now paid the entire $54,000.00 to Weld
County, and wishes to have the Board acknowledge the fulfillment of the obligation, and
WHEREAS, after review, the Board deems it advisable to acknowledge fulfillment of its
obligation, so that it is clear that Highview Development, LLC, will no longer be required to place
any funds into an escrow account to pay for the improvements to County Road 3.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that they hereby acknowledge that Highview Development, LLC, has satisfied
all of its obligations to Weld County under the Agreement dated May 5, 2006, and hereby releases
Highview Development, LLC, from any further requirement to place any funds it receives upon the
sale of lots into an escrow account.
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3534454 02/11/2008 11:51A Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
2008-0145
PL1798
l'.' `L /)fc; "frp'L a /os/as
IMPROVEMENTS AGREEMENT - HIGHVIEW DEVELOPMENT, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 7th day of January, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
�' Ln k_A_L„
ATTEST: f , ail EL ^u�.� H. Jerke, Chair
Weld County Clerk to the Board rA re. el,
a.e �. Masden, 'ro-Tem
BY: ,-1 SCI ,` n 19, ) s
Deputy Clerk to the Board l� L
++�i F. Garcia
APP AST M: David E. Long
unty Attorney
Douglas Rademacher
Date of signature: l ,7q gi
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2008-0145
3534454 02.00/2008 StevAe
Weld r ler &C PL1798
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Page 1 of 1
Donna Bechler
From: Stephanie Arries
Sent: Thursday, January 03, 2008 11:20 AM
To: Donna Bechler
Subject: FW: Highview Ranch (PF-1074) Off-site Agreement Final Release of Collateral
This is the back-up for the Highview Resolution.
I think it is fine -Are you OK with it??
Let me know
Stephanie
From: Richard Hastings
Sent: Thursday, January 03, 2008 11:17 AM
To: Stephanie Arries
Subject: Highview Ranch (PF-1074) Off-site Agreement Final Release of Collateral
RE: AGREEMENT FOR IMPROVEMENTS FOR WCR 3 (Doc. #3421496)09/21/2006 (2006-2396)
Stephanie,
Frank Wright, Highview Ranch Developer, has fulfilled the terms and conditions of the aforementioned agreement
by remitting to Weld County a total of$54,000 for the proportional costs associated with road improvements to
WCR 3 that were completed by Weld County in October of 2007. A preliminary payment of$18,000 was received
by Weld County Public Works on 11/26/2007. The second and final payment of$36,000 was collected on
12/28/2007, thus fulfilling his obligation.
Sincerely,
Rich Hastings
Weld County Public Works/Engineering Dept.
Office:(970) 304-6496 EXT. 3727
Cell:(970) 381-3767
rhastings@co.weld.co.us
2008-0145
1/3/2008
Hello