HomeMy WebLinkAbout20070022.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE ) FOR A
PRIVATELY MAINTAINED ROADWAY, AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #1032 - UIV
LAND, LLC, C/O NOLAN ULMER
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 October 30, 2006, the Department of Planning Services staff approved a
PUD Final Plan, PF #1032, for UIV Land, LLC, c/o Nolan Ulmer, 16529 Weld County Road 70,
Greeley,Colorado 80631,for nine(9)residential lots with E(Estate)Zone uses,and two(2)lots with
A(Agricultural)Zone uses, along with 13.6 acres of common open space(Coyote Ridge), on the
following described real estate, to-wit:
Lot B of Amended Recorded Exemption#3340;being
part of the NW1/4 of Section 20, and part of the
SW 1/4 of Section 17,all in Township 5 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 UIV Land, LLC, c/o Nolan Ulmer, with terms and
conditions being as stated in said agreement, and
WHEREAS,a hearing was held on the 11th day of December,2006,at which time the Board
deemed it advisable to continue the matter to January 3, 2007, to allow time for the applicant to
complete and submit a corrected agreement for a privately maintained roadway, and
WHEREAS,on January 3,2007,staff from the Departments of Planning Services and Public
Works indicated the original agreement is suitable because the work is already done and the
applicant has presented the Board with Irrevocable Letter of Credit#43004619 from First Western
Trust Bank,233 Milwaukee Street, Denver,Colorado 80206,in the amount of$10,112.00,to cover
the 15 percent warranty, 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)fora privately maintained roadway,between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
and UIV Land, LLC, c/o Nolan Ulmer, be, and hereby is, approved.
/� 2007-0022
OP '. !"L �l� /jti�G- PL1726 /,
O�Z�a7 c 7
IMPROVEMENTS AGREEMENT - UIV LAND, LLC, CIO NOLAN ULMER
PAGE 2
BE IT FURTHER RESOLVED that Irrevocable Letter of Credit #43004619 from First
Western Trust Bank,233 Milwaukee Street,Denver,Colorado 80206,in the amount of$10,112.00,
be and hereby is, accepted.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 3rd day of January, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WELUNTY, COLORADO
ATTEST: ALV Lam C 47/
David E. Long, Chair
Weld County Clerk to the sip c /
,ft
- � r William H t Pro-Tem
,/
Deputy Clerk to the Board `
' iam F. Garcia
APPf2 ED AS TO • /1)\\Q
Robert D. asden
County Attorney
uglas R emacher
Date of signature: / 7,2-6 7
2007-0022
PL1726
15.1
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLIC ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this 3/ day of Mfl , 20 C!5 by and
between the County of Weld, State of Colorado, acting through its Board of County Commissioners,
hereinafter called "County," and Nolan Ulmer , 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:
Lot B of Amended Recorded Exemption II3340; Being Part of the
NW' of Section 20, and Part of the 51,11/4 of Section 17, all in
Township 5 North, Range 67 West of the 6th P.M.
WHEREAS,a final Subdivision/Planned Unit Development(PUD)Plat of said property,to be known
as Coyote Ridge 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:
E 1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in
dconnection 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
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MI=-O Y reference.
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o g 1.1 The required engineering services shall be performed by a Professional Engineer and
9 Land Surveyor registered in the State of Colorado,and shall conform to the standards
en
and criteria established by the County for public improvements.
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rv) 1.2 The required engineering services shall consist of, but not be limited to, surveys,
—
o o designs, plans and profiles,estimates,construction supervision,and the submission
of necessary documents to the County.
-c1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision
c
— o or Planned Unit Development to the County for approval prior to the letting of any
am o cc construction contract. Before acceptance of the roads within the Subdivision or
•
4.0 Planned Unit Development by the County, Applicant shall furnish one set of
to
—M Page 1 of 14
0207- 06 4'
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
- rc
move 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
0 Applicant's expense.
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- c 3.4 Applicant shall furnish proof that proper arrangements have been made for the
3 installation of sanitary sewer or septic systems, water, gas, electric and telephone
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services.
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o g 3.5 Said Subdivision or Planned Unit Development improvements shall be completed,
c 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
NO
o o extension of the time of completion shown on Exhibit "B" upon application by the
mom C Applicant subject to the terms of Section 6 herein.
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OD 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and
o all liability loss and damage County may suffer as a result of all suits, actions or claims of
N every nature and description caused by, arising from, or on account of said design and
Page 2 of 14
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
v Commissioners.
A time period for completion of the off-site improvements.
OJ
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MIMM - The terms of reimbursement.
Y The current address of the person to be reimbursed during the term of the
d agreement.
oo Any off-site improvements agreement shall be made in conformance with the
a.9 0 Weld County policy on collateral for improvements.
En= t.) 5.3 If the subdivider, applicant, or owner fails to comply with the improvements
a.ti agreement,the opportunity to obtain reimbursement under this section is forfeited.
c 0 5.4 When it is determined by the Board of County Commissioners that vehicular traffic
o c from a Subdivision, Resubdivision, or Planned Unit Development will use a road
$o improvement constructed under an improvements agreement, the subsequent
- o subdivider,applicant,or owner shall reimburse the original subdivider,applicant,or
cc owner, for a portion of the original construction cost. In no event shall the original
r CO subdivider, applicant, or owner collect an amount which exceeds the total cost of
rr improvements less the pro rata share of the total trip impacts generated by the
—-M original development. Evidence that the original subdivider,applicant,or owner has
Page 3 of 14
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 TTE 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.
= ea�.
6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following
so o=v 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
o repaired by the County.
55r.3
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
o g operation shall not constitute an acceptance of said portions.
-r
S I N 6.2 County may, at its option, issue building permits for construction on lots for which
o 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
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t of the development are satisfactory to the County; and all terms of this Agreement
a v o have been faithfully kept by Applicant.
Page 4 of 14
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
sv improvements shall be completed within one (1) year afier the Final Plat approval
0 (not one year after acceptable collateral is submitted) unless the applicant(s)
s cc requests that this Agreement be renewed at least thirty (30) days prior to its
Yexpiration and further provides that cost estimatesfor the remaining improvements
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are updated and collateral is provided in the amount of One-Hundred percent
o (100%) of the value of the improvements remaining to be completed. If
rim rte' =i improvements are not completed and the agreement not renewed within these time
�-9„2 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.
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son7.2 The applicant may choose to provide for a phased development by means of
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designating filings of a Planned Unit Development Final Plan or Subdivision Final
roc Plan. The applicant would need only to provide collateral for the improvements in
ESN N c 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
mom c cc property or the issuance of building permits until collateral is provided or until
to improvements are in place and approved pursuant to the requirements for a Request
r“E,
for Release of Collateral.
imm Page 5 of 14
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
E unreleased portion of the Letter of Credit shall be equal to a minimum of
o One-Hundred percent (100%) of the estimated costs of completing the
aZi uncompletedportions of the required improvements,based on inspections of
o� P 4 P P
mom c3 Y the development by the issuer. In no case shall disbursement for a general
improvement item exceed the cost estimate in the Improvements Agreement
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o o (i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the
a a g Letter of Credit will sign the Improvements Agreement acknowledging the_r.
g agreement and its cost estimates.
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�ti 8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total
a c Letter of Credit amount cannot be drawn upon and will remain available to
Weld County until released by Weld County.
0
ma w o 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
CO o Letter of Credit shall be either the date of release by Weld County of the
mon o cc final fifteen percent(15%),or one year from the date of Final Plat approval,
Arco 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
C'D CO
of the pending expiration. Said notice shall be sent by certified mail to the
Clerk to the Board of County Commissioners.
Page 6 of 14
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:
d 8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the
WENS
WEEMS o amount specified in the Improvements Agreement.
ism d
SW MC
8.3.2 The escrow agent guarantees that the escrowed funds will be used for
moats g
ass"d improvements as specified in the agreement and for no other purpose and
a. will not release any portion of such funds without prior approval of the Weld
.�
6� c County Board of Commissioners.
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a)g 3 8.3.3 The escrow agent will be a Federal or state-licensed bank or financial
d
� institution.
c 8.3.4 If Weld County determines there is a default of the Improvements
co. Agreement,the escrow agent,upon request by the County,shall release any
co remaining escrowed funds to the County.
EWEE N O
g0 8.4 A surety bond given by a corporate surety authorized to do business in the State of
�e3°C Colorado in an amount equivalent to One-Hundred percent(100%)of the value of
moms^ ' the improvements as specified in the Improvements Agreement.
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r— 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
Page 7 of 14
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
o project by the Board. This action will be taken at a regularly scheduled public
- d meeting of the Board.
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mu. -V 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
'0 d this Agreement excluding improvements fully accepted for maintenance by the
o responsible governmental entity, special district or utility company.
▪ .
9.9 The warranty collateral shall be released to the applicant upon final acceptance by the
a_ el)
ti Board of County Commissioners for full maintenance under Section 5.3 herein.
-NO
10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a
ce rezoning, Subdivision or Planned Unit Development, requires the dedication, development
c.,,o and/or reservation of areas or sites other than Subdivision or Planned Unit Development
o streets and utility easements of a character, extent and location suitable for public use for
imm o cc parks, greenbelts or schools, said actions shall be secured in accordance with one of the
-o r following alternatives, or as specified in the Planned Unit Development plan, if any:
—-T O
-- � 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
Page 8 of 14
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 Agreementftb be ex cuted on the day
and year first above written. } '
C/APPLICAN / /...
APPLICANT:
TITLE: ATf7
Subscribed and sworn to before me this 5 I day of k(a _, 20 C5. .`CRY
My Commission expires: ;
' s No ry Publi
V Co L__— tA�
f/O
gfe®CotoF
3451761 01/30/2007
1111 111111111111 IIII 111111 III IIIII III III
Weld County, CO
9 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Page 9 of 14
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
LIM144 < Elsa
181 ft")
Weld County Clerk to the Board David E. Long , Chair 01/03/2007
tl"3T
BY. 4,2
De ty Cler to the Board t�
APPROVED AS TO FORM: s- -7 .` - -
Cou6ty Attorney
1 111111 11111 11111 111111 111111 1111 111111 III 111111 III IIII
3451761 01/30/2007 02:19P Weld County, CO
10 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Page 10 of 14
2007-0022
& vg's ed
EXHIBIT "A"
Name of Subdivision ? ad& &Wd; o cjQ►v ne Uit Development: QQ C C L
Filing: K.
C ?
Location: kid C I. 1 5 I M 't 1 E S0 LA4 11 J Hy
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 Ouantiti Units Unit Estimated Construction
Costs Cost
Site grading Construction complete
Street grading
Street base Construction complete
Street paving Construction complete
Curbs,gutters,and culverts
Sidewalk
Storm sewer facilities Construction complete
Retention ponds
Ditch Improvements Construction complete
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) Construction complete
Fire hydrants Construction complete
Survey and street monuments and boxes
Street lighting
Street Names (with stop signs&fire signs) Construction complete
Fencing requirements
Landscaping Construction complete
Park improvements
d Road culvert (and ditch culvert) Construction complete
oGrass lined swale
CD Telephone --no charge---
,b Gas
-coa�' Electric
zit-, 15%of Road Asphalt Paving 10,112.00
c SUB-TOTAL:
imm- 0 d
Pi
- 2 Engineering and Supervision Costs$ Complete
rn in (Testing,inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual
N o construction by contractors)
04
o
mom
o- o TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 10,112.00
�No
8 o The above improvements shall be constructed in accordance with all County requirements and specifications,
--x and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
r r Page 11 of 14
.®..�.......A.,.I- ".�,.o
�
vr
-mom
Sai ' t sh 1 complete cording to the construction schedule set out in Exhibit "B."
By:
Applicant
Applicant
()wale/ C /�
Date:/0 — 13 , 20
Title �f F
(If corporation,to be signed by President and attested to by Secretary, together with corporate seal.)
1111111 11111 11111 111111 111111 1111 111111 III 111111 III III
3451761 01/30/2007 02:19P Weld County, CO
12 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
IfonT i z 9tttle
Page 12 of 14
•
No /on9e r
EXHIBIT "A" rr!e l�tcnt
Name of Subdivision
or Planned Unit Development: Coyote Ridge
Filing: First
Lot B of Amended Recorded Exemption #3340; Being Part of the NWT of
Location: Section 20, and Part of the SWIt of Section 17, all in Township 5 North,
Range 67 West of the 6th P.M. , Weld County, Colorado.
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 45,300.00
Street grading Inclosed with site grading
Street base 33,137.25
Street paving 157,956.50
Curbs, gutters,and culverts
Sidewalk
Storm sewer facilities 5,125.00
Retention ponds
Ditch Improvements 4,000.00
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) 102,458.75
Fire hydrants 16,000.00
Survey and street monuments and boxes
imm o Street lighting
Street Names (with stop signs&fire signs) 2,950
imm 0 se Fencing requirements
Landscaping 25,000.00
Park improvements
no Road culvert (and ditch culvert) 19,665.60
C Grass lined swale
m Telephone ---no charge---
Imimd Gas 58,564.00
en ti Electric 55,000.00
c 8 Water transfer
---- 6 SUB-TOTAL: 525,157.10
ono
o Engineering and Supervision Costs $ 80,000
Ia._ o
MME CO (Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual
-o construction by contractors)
-n
aim 0
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 605,157.10
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.
Page 11 of 14
r
Said improVeMents sh 11 a completed according to the construction schedule set out in Exhibit "B."
By: h t
Applicant
Applicant pp
�l�y (I" l cir Date: frl Ay if , 20 OS
Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
111111111111 11111 111111 111111 IIII 111111 III 111111 III I1I1
3451761 01/30/2007 02:19P Weld County, CO
14 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Page 12 of 14
EXHIBIT "B"
Name of Subdivision
or Planned Unit Development: Coyote Ridge
Filing: First
Lot B of Amended Recorded Exemption ;13340; Being Part of the NWT of
Location: of Section 20, and Part of the SWIt of Section 17, all in Township 5 North
Range 67 West of the 6th P.M. , Weld County, Colorado.
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) JULY 2006
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 111111111111111111111111111111111111111 I I 1111111 II 11111
SUB-TOTAL: 3451761 01/30/2007 02:19P Weld County, CO
15 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Page 13 of 14
•
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 cannopbe et.
n r a,
By: i
Applicant ti
Applicant
����� ��— 11/47 s
Gl / > Date: � �, 20 Q
Title c—
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
HIM 11111 11111 "MI MI 1111 111111 III 111111 III 1111
3451761 01/30/2007 02:19P Weld County, CO
16 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Page 14 of 14
Page 1 of 8
Esther Gesick
From: Esther Gesick
Sent: Friday, December 15, 2006 8:37 AM
To: Kim Ogle
Cc: Peter Schei; Drew Scheltinga; Donna Bechler
Subject: RE: PF-1032 ... PRIVATE Improvements Agreemetn .... RE: Coyote Ridge
Attachments: Aprivate.wpd; Aprivate.doc
Kim,
Staff will need to substitute the entire agreement. If you look at the two, the terms within are very different, so it's
not just a matter of changing the title page. I've attached a Private Improvements Agreement form (attached in
Word or WordPerfect formats)for the applicant's use. It will need to be returned to our office by 5:00 p.m. on
Thursday December 28, 2006, to meet the agenda deadline for the January 3rd Board meeting.
Thanks!
Esther
From: Kim Ogle
Sent: Friday, December 15, 2006 12:23 AM
To: Nolan Ulmer
Cc: Peter Schei; Drew Scheltinga; Esther Gesick
Subject: RE: PF-1032 ... PRIVATE Improvements Agreemetn .... RE: Coyote Ridge
Nolan
Staff will substitute page one of the agreement to reflect that the monies are for private improvements. Public
Works is requesting to hold the 15% line item which they are able to address before the Board.
Additional questions, please email or call
thanks
Kim
From: Nolan Ulmer [mailto:nustar@thinairnet.com]
Sent: Wednesday, December 13, 2006 2:45 PM
To: Kim Ogle
Subject: FW: PF-1032 ... PRIVATE Improvements Agreemetn .... RE: Coyote Ridge
Importance: High
Kim can you update me on this
From: Peter Schei [mailto:pschei@co.weld.co.us]
Sent: Monday, December 11, 2006 11:40 AM
To: Nolan Ulmer
Cc: sphipps@pickettengineering.com; Kim Ogle
Subject: PF-1032 ... PRIVATE Improvements Agreemetn .... RE: Coyote Ridge
Importance: High
11-Dec-2006.
Good Morning, Nolan:
1/2/2007
Page 2 of 8
I attended the Board Of County Commissioners hearing this morning representing Public Works with
respect to your Improvements Agreement for Coyote Ridge PUD (PF-1032).
It seems that a "Public" improvements agreement had been submitted to the Clerk to the Board for this
item ... which was incorrect. Planning was not present at the hearing today ... which had
scheduled the item with the Clerk, so I don't know if there is a concern on Planning's side.
The Commissioners moved to CONTINUE this item until the correct (PRIVATE) Improvements
Agreement is submitted to the Clerk to the Board - - - hearing continued to Jan. 3rd, 2007.
Nolan, please remedy this with Planning (and / or your engineer). It was my understanding that your
engineer had submitted the Private Improvements Agreement to Planning for this item.
As I recall, you (via your engineer) had submitted a Private Improvements Agreement to Planning, of
which Public Works was in agreement with. So, there are no concerns from our department.
I have looked back through the case and determined your Administrative Review resolution called out a
Private Improvements Agreement and Private Maintenance of the Internal roads by the Homeowners
Association. So, we are in agreement with the resolution request.
Additionally, recent emails document an understanding of a Private Improvements Agreement.
I had notified the Clerk & Planning last Friday of this incorrect item when the agenda was sent
out.
Please let me know if there is anything I can do to assist this process.
Happy Holidays, Peter.
P.S. I have copied today's hearing agenda below for your information (look under Planning for your
item).
AGENDA 2006-3355
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MONDAY, DECEMBER 11, 2006
9:00 a.m.
TAPE #2006-41
SOCIAL SERVICES BOARD
PLEDGE OF ALLEGIANCE
ROLL CALL:
Commissioner M. J. Geile, Chair
Commissioner David E. Long, Pro-Tem
1/2/2007
i `
csf
FIRST WESTERN TRUST BANK
NORTHERN COLORADO C.
BUD NOITSINGER
PRESIDENT
IRREVOCABLE LETTER OF CREDIT NO. 43004619
October 12, 2006
Board of County Commissioners
ATTN: Clerk to the Board
P.O. Box 758
Greeley, CO 80632
RE: Coyote Ridge Land Holdings, LLC (Contractor)
Dear Board of County Commissioners:
We hereby open our Irrevocable Letter of Credit in your favor for the account of Coyote Ridge
Land Holdings, LLC, 16529 Weld County Road 70, and Greeley, Co 80631 for a sum not to
exceed the aggregate of Ten Thousand One Hundred Twelve Dollars and no cents.
Each draft so drawn must be marked "Drawn"under FIRST WESTERN TRUST BANK, 233
MILWAUKEE STREET, DENVER, CO 80206, Letter of Credit No.43004619 and be
accompanied by a "signed statement from the Board of County Commissioners of Weld County,
Colorado stating the Contractor has committed a material breach of the Improvements
Agreement According to Policy Regarding collateral for Improvements regarding the agreement
dated the 5th day of October, 2006 by and between the Contractor 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, and 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, FIRST WESTERN
TRUST BANK, 233 MILWAUKEE STREET, DENVER, CO 80206. This letter of credit will
expire on October 12, 2007 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 FIRST WESTERN TRUST 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 FIRST WESTERN TRUST BANK: (b) a
318 CANYON AVENUE SUITE 100 FORT COI LINS. COLORADO ZIP CODE 80521 ")
TELEPHONE 970.494.9222 FACSIMILE 970 416 9321 WWW.FWTB COM EMAIL BNOFF'SINGER: FWTB.COM Y%i
FIRST WESTERN TRUST BANK
NORTHERN COLORADO
BUD NOFFSINGER
PRESIDENT
statement purportedly signed by an official of the Board of County Commissioners of Weld
County, Colorado stating that we have received notice from FIRST WESTERN TRUST BANK
the Letter of Credit No .43004619 will not be renewed and that the Contractor has failed to
provide proof of adequate collateral and substitution of this Letter of Credit No. 43004619; (c)
copy of letter from FIRST WESTERN TRUST BANK stating non-renewal of Letter of Credit
No.430046I9 and the original letter of credit.
Yours n truly, l
rd rV
Robert Noffsinger
President
318 CANYON AVENUE SUITE loo FORT COLLINS, COLORADO ZIP CODE 80521
TELEPHONE 970.484.9222 FACSIMILE 970.416.9321 WWW.FWTB.COM EMAIL BNOFFSINGER•aFWTB.COM
# t4:1 MEMORANDUM
We. To: Board of County Commissioners
COLORADO Date: December 11, 2006
From: Kim Ogle, Planning Manager
Subject: Acceptance of Irrevocable Letter of Credit#43004619
First Western Trust Bank
for Coyote Ridge PUD
Case number PF-1032
Nolan Ulmer, Applicant
The Department of Planning Services received an Irrevocable Letter of Credit #43004619 from
the First Western Trust Bank, 233 Milwaukee Street, Denver, Colorado 80206, for Coyote
Ridge PUD, case number PF-1032 in the amount of ten thousand one hundred twleve
(10,112.00) dollars and 00/100s.
Items covered under this Escrow Agreement include:
Street Paving Escrow Amount at 15% of total $10,112.00 dollars
The Weld County Attorney, the Department of Public Works and the Department of Planning
Services, have determined that the amount of the agreement will be sufficient to complete the
work required for Coyote Ridge PUD, and the Department of Planning Services recommends
acceptance of this Irrevocable Letter of Credit#43004619.
M:\wpfiles\ogle\kim\collateral\PF 1032-wpd
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Kim Ogle
Planning Manager
Southwest Weld Service Center
4209 CR 24.5
Longmont, CO 80505
720.652.4210 extension 8730 T
720.652.4211 Facsimile
kogle@co.weld.co.us
From: Peter Schei
Sent: Thursday, October 05, 2006 3:51 PM
To: Kim Ogle
Cc: sphipps@pickettengineering.com; Nolan Ulmer; Tracy Dyer
Subject: RE: Improvements Agreement for the Coyote Ridge Subdivision (PF-1032)
Importance: High
05-Oct-2006.
Good Afternoon, Kim:
The Improvements Agreement for$10,112.00 is sufficient based upon the engineer's
unit costs provided.
Please proceed ahead with this agreement.
Public Works accepts the $10,112.00 for collateral to be retained for a one-year warranty period
for the internal subdivision roadway (privately maintained by the HOA)with PF-1032 Coyote
Ridge PUD.
This email will constitute PW's formal acknowledgement.
Thank you for your time and consideration, Peter.
(A formal memorandum will not follow, because of the urgency of the request and PW's resource
availability.)
Peter SCHEI,P.E.,N.S.P.E.
Weld County-Public Works Department
1111 -H Street,Greeley,CO 80632
970.356.4000 x3750
pschei@co.weld.co.us
.1",:c Borne Home -- to Weld County"
From: Kim Ogle
Sent: Thursday, October 05, 2006 2:55 PM
To: Peter Schei
Subject: FW: Improvements Agreement for the Coyote Ridge Subdivision (PF-1032)
Number is good? Nolan wants to get letter of credit pulled today.
Kim Ogle
Planning Manager
Southwest Weld Service Center
4209 CR 24.5
Longmont, CO 80505
720.652.4210 extension 8730 T
720.652.4211 Facsimile
kogle@co.weld.co.us
From: Sean Phipps [mailto:sphipps@pickettengineering.com]
Sent: Wednesday, October 04, 2006 6:52 PM
To: Peter Schei
Cc: Kim Ogle; nustar@thinair.net
Subject: Improvements Agreement for the Coyote Ridge Subdivision (PF-1032)
Peter,
Nolan Ulmer asked me to forward you the attached Exhibit"A" for a private on-site road
improvements agreement which identifies 15% of the cost of the asphalt paving installation for the
road that has already been constructed for the subdivision. The unit cost of$0.80 per square
yard of asphalt is 15% of the total $5.35 per square yard cost. This information was provided to
me today by the contractor who completed the construction.
Please let me know if you need anything else to complete the coordination for the improvements •
agreement. Thank you.
Sean Phipps, PE
Project Manager
PICKETT ENGINEERING, INC.
808 8th Street
Greeley, CO 80631
Phone 970.356.6362 ext. 28
Fax 970.356.6486
MEMORANDUM
Date: September 01, 2006
To: Frank B. Hempen, Jr., .E., Director of Public Works/County Engineer
WIlD�. From: Peter Schei, P.E., Pu' ')1�arks Department
COLORADO RE: Private Maintenance of Internal Roadway for a Subdivision (PF-1032)
O The applicant, Nolan Ulmer, has requested Private Maintenance for the subdivision internal roadways of
Coyote Ridge PUD(PF-1032).
❑ Initially the case was heard at Change of Zone for Public Maintenance of subdivision internal roadways. Public
Works signed-off on all conditions of requirement for final plat in a memorandum to Planning in April-2006.
❑ The Public Works staff of development review engineers and field inspectors is in favor of recommending
Private Maintenance of the subdivision internal roadways in this case.
❑ This development is under Administrative Review by the Planning Department for final plat.
❑ The applicant will be requested to submit an Improvements Agreement According to Policy Regarding
Collateral For Improvements (Private Road Maintenance), which is acceptable to Public Works. The Board of
County Commissioners prior to recording the final plat shall approve the agreement.
o The applicant will be requested to provide a note on the final plat indicating Private Maintenance of the
subdivision internal roadways.
❑ Additionally, the Homeowners Association Covenants will be required take ownership and responsibility for
the Private Maintenance of the internal subdivision roadways.
o Public Works will notify the Planning Department and the applicant of this decision.
Private Maintenance Review 64 Initial: ' f
Perry Eisenach,P.E.,E gineering Division Manager
Private Maintenance Review Initial: _
Fran Hempen Jr.,P. .,Director of Public Works/County Engineer
❑ tivate aintenance.is approved. (Please check box)
O Private Maintenance is not approved. (Please check box)
Comments:
_--_. Page 1 of 1 _
Page 1 of 1
Esther Gesick
From: Sean Phipps [sphipps@pickettengineering.com]
Sent: Wednesday, January 10, 2007 9:56 AM
To: nustar@thinair.net
Cc: Kim Ogle; Esther Gesick; Drew Scheltinga
Subject: Improvements Agreement for Coyote Ridge(PF-1032)
Nolan,
I spoke to Esther Gesick the Weld County Clerk to the Board this morning in regard to the improvements
agreement for the Coyote Ridge Subdivision. She explained that since the paperwork for a"Private"
Improvements Agreement had not been submitted prior to the hearing on January 3rd, the Board of County
Commissioners went ahead and approved the"Public" Improvements Agreement that had been previously been
submitted. I believe the Board and County Staff were agreeable to this action since the road improvements have
already been made and since you had already submitted a letter of credit as collateral against those road
improvements to be held for the period of one year. To try and address this issue, Esther coordinated with Bruce
Barker, Kim Ogle and Drew Scheltinga and then revised the language of the Board's resolution to reflect the fact
that a "Public" Improvements Agreement had been approved instead of a "Private".
Esther felt that the revised language in the Board's resolution was sufficient to address this issue and that no
further action was required from you at this point.
I asked Esther to give Kim Ogle a call to let him know what she and I discussed this morning. Please feel free to
contact me if you have any questions. Thank you.
Sean Phipps, PE
Project Manager
PICKETT ENGINEERING. INC.
808 8th Street
Greeley, CO 80631
Phone 970.356.6362 ext. 28
Fax 970.356.6486
1/10/2007
Hello