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Home My WebLink About20070206.tiff RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR SECOND AMENDED SITE PLAN REVIEW, 2ndAMSPR#41 - FRED AND MARCIA ROTHAUGE 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 September 8, 2006, the Department of Planning Services staff approved Second Amended Site Plan Review, 2ndAmSPR#41, for Fred and Marcia Rothauge, c/o Macrum Building Systems, 916 38th Avenue Court, Suite 5, Greeley, Colorado 80634, for warehousing of drilling fluid products, drilling supplies, as well as storage and maintenance of drilling equipment for a well construction and service company on the following described real estate, to-wit: Part of the W1/2 of the SW1/4 SW1/4 of Section 20, Township 2 North, Range 66 West of 6th P.M., Weld County, Colorado WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements(Private Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,and Fred and Marcia Rothauge,with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with check#193 from Fredy Alfred Rothauge, in the amount of$25,125.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said check as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for Improvements(Private Road Maintenance)between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County, and Fred and Marcia Rothauge, c/o Macrum Building Systems, be, and hereby is, approved. BE IT FURTHER RESOLVED that check#193 from Fredy Alfred Rothauge, in the amount of$25,125.00, be and hereby is, accepted. 2007-0206 (to; pG Pa) PL1871 i ®G OR-oz-O7 IMPROVEMENTS AGREEMENT - FRED AND MARCIA ROTHAUGE PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 22nd day of January, A.D., 2007. BOA' • OF COUNTY COMMISSIONERS � L��UNT COLO' DO ATTEST: EL_oo �//�'!/v EL o up' =. Long, Chair Weld County Clerk to the Board 1861 3x0 a1 '' ' �' .` `� ai Jgrkp, Pro-Tem BY: Deputy Clerk the Board ��++ If CV Wil': . Garcia r, AP D AS • Robert D. M-:•en County Attorney �% • =s -ciemacher Date of signature: 1/2 z3/4 T' 2007-0206 PL1871 9% IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this 2G day of DECEMIER , 20O6,by and between the County of W eld,State of Colorado,acting through its Board of County Commissioners,hereinafter called"County," and FRED RNTNMICE hereinafter ca lied"Applicant." WITNESSETH: WHEREAS,Applicant is the owner of,or has a controlling interest in the following described property in the County of Weld,Colorado: 13021 WELD Cairn y ROAD IS FORT LOOM.]r CO WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be known as FRED M ARCZA RoiNAQOE has been submitted to the County for approval,and WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Plat,Planned Unit Development Final Plat,or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improve ments 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 sche dule for completion, are listed in Exhib its "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 Pla nned 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 bya Professional Engineer and Land Surveyor registered in the State of Colorado,and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of,but not be limited to, surveys,designs,plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for ro ads within the Subdivision o r Planned Unit Development to the County for appro val prior to the letting of any construction contract. Applicant shall furnish one set of reprodu cible"as-built"drawings and a final statem ent of construction cost to the County. 2.0 Rights-of-Way and Ease ments: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire, at its own expense,good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit AIM 11111 11111 IIIIIIIIII VIII Inn DM 3450912 01/25/2007 02:21P Weld County, CO 2007-0206 1 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Development improvements listed on Exhibit"A,"which is attached hereto and incorporated herein by reference, according to the construction schedule set out in Exhibit "B" which is also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in 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 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,actio n or claim,tog ether with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by,or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors argil 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. (THERE IS NO SECTION 5) 6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant,streets within a Subdivision or Planned Unit Development may be approved by the County as public roads and will be maintained and repaired by a Homeowners Association or, in its absence, the owners of lots within the Subdivision or Planned Unit Development. 6.1 If desired by the County,portions of street improvements may be p laced in service when completed according to the schedule shown on Exhibit "B,"but such use and operation shall not constitute an approval of said portions. 2 11111111111111111111111 IIII 111111111111 III IIIII IIII IIII 3450912 01/25/2007 02:21P Weld County, CO 2 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 6.2 County may, at its option, issue building permits for construction on lots for which street improve ments detailed herein have been started but not completed as shown on Exhibit"B,"and may continue to issue building permits so long as the progress o f work on the Subdivision or Planned Unit Development improvements in that phase of the development is 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 its streets and recommend thatthe Board ofCounty Commissioners partially approve them. Not sooner than nine months after partial approval, the County Engineer shall,upon request by the applicant, inspect the subject greets,and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards,he or she shall recommend full approval. Upon a receipt ofa positive unqualified recommendation from the County Engineer for approval of streets withinthe development, the Board of County Commissioners shall fully approve said streets as public but with private pay. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to One-Hundred percent (100%)of the value of the improvements as shown in this Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the 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. Ifacceptab le collateral has not been submitted within six(6)months then the Final Plat approval and all preliminary approvals shall automatically expire. Applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards,policies and regulations. The improvements shall be completed within one(1)year after the FinalPlat approval(not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty(30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of One-Hundred percent(100%)of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames,the County,at its discretion,may make demand on all or a portion o f the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased develop ment by means of design ating filings of a Planned Unit Development Final Plat or Subdivision Final Plat. The applicant would need only to provide collateral for the 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 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." 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 of One-Hundred percent(100%)of the total value of the improvem ents as set forth in Section 6.0 and Exhib its"A"and "B." 8.1.2 The LetterofCredit shall provide for paymentupon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer 3 I Iillll IIII 11111 HUB 11111 HIE III 11111 IIII IIII 3450912 01/25/2007 02:21P Weld County, CO 3 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 improvement,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 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 prop erty within the propo sed development is used as collateral,an appraisal is required of the property in the proposed development by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current degree of development is sufficient to cover One-Hundred percent(100%)o f the cost of the improvement as set forth in the Improvements Agreement plus all costs of sale of the prop erty. 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. 4 1111111 Ilill 11111111111 (III 111111111111 III 11111 IIII IIII 3450912 01/25/2007 02:21P Weld County, CO 4 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • • 8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution. 8.3.4 If Weld County determines there is a default of the Improvements Agreement, the escrow agent,upon request by the County,shall release any remaining es crowed funds to the C ounty. 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. 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 registeredin Colorado that the project ora portion of the project hasbeen completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation Schedule for minimum materials sampling, testing and inspections found in the Colorado Department of Transportation(CD OT)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 ap proved plans. The letter shall indicate ifthe fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets by the County, the applicant(s) may request release of the collateral for the projector portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity,special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final approval by the B oard of C ounty Commissioners. 10.0 Public Sites and Open Spaces: When the Board of County Commissioners,pursuant to a rezoning,Subdivisi on or Planned Unit Dev elopment,requires the dedication,development and/or reservation of areas or sites other than Subdivision or Planned Unit Development streets and utility easements of a character,extent and location suitable for public use for parks,greenbelts or schools,said actions shall be secured in accordance with one of 5 11111111111111111111111 1�1��l��1�il��IIII lilt 3450912 01/25/2007 02. St Weld County, CO 5 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • the following alternatives,or as specified in the Planned Unit Development(PUD)Plan,if any: 10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district,for one of the above purposes. Any area so dedicated shall be maintained by the County or schoo 1 district. 10.2 The required acreage as determined according to Chapter 24 of the Weld County Code, may be reserved through deed restrictions as open area,the maintenance ofwhich shall be a specific obligation in the deed of each lot within the Subdivision or Planned Unit Development. 10.3 In lieu of land,the C ounty 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 according to Chapter 24 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. 1111111 III" 11111 IlllII IIII 11111 HIE III 11111 IIII 1111 3450912 01/25/2007 02:21P Weld County, CO 6 of 12 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 6 IN WITNESS WHEREOF,the parties hereto have caused this Agreemcntto be executed on the day and year first above written. AP PL[CAN c• -- APPLICANT:'" TITLE: OtA.An er • Subscribed and sworn lo before me this 24 day of DECEMBER , 20 04 . ``�tttptttttttttgyrrr lt� a`,`� •O P• DO�Z 0\Ng.. P may My Commission expires: Q &j_2�8 Notary Public ILO:�N O T A R Y'; EL sej*. PUBLt°.Q Q,: t•e, OF Cu 1:% hrttttntttttenno ATTEST: j . BOARD OF COUNTY COMMISSIONERS t , uet COUNTY, COLORADO Weld County Clerk to the Board i86I ,e'9 .0 �"' — E �, �:, E. Lo g C , / it JAN 22 2001 BY:_ &k'c t4 11 6 Deputy C rk to the Board • '',' APPROVED AS TO FORM: ounty A orney 111111111111 VIII riiii IIII VIII 1111111 III VIII IIII Ill 3450912 01/25/2007 02:21P Weld County, CD 7 of 12 R 0.00 D 0.00 Steve Moreno Clerk&Recorder 7 -BOG ' 1 °?G/> EXHIBIT "A" Name of Subdivision or Planned Unit Development FRED d MARCIA ROTHAU6E Filing 24D RM5PR- 4 1 Location: 13027 WELD Cev,ari Ron It, FDRT LuPTaa, CO Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply) Improvements Quantity Units Unit Estimated Construction Costs Cost Site grading ConPLETED Street grading Street base Street paving Curbs, gutters,and culverts Sidewalk I fo.tnq S 22,040.00 Storm sewer facilities Retention ponds C0MM TED Ditch Improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities (onpLETED On-site water supply and storage COMPLETED Water Mains (includes bore) Fire hydrants Survey and street monuments and boxes Street lighting Street Names Fencing requirements Coon It TE D Landscaping COMPLETED Park improvements Road culvert Grass lined swale Telephone Gas Con/LE ltp Electric COMPLETED Water transfer SUB-TOTAL: Engineering and Supervision Costs$ 3,085.00 (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 $ 251 I25.00 The above improvements shall be constructed in accordance with all County requirements and specifications, and 8 111111 IIIII1111111III IIIII1111IIII 3450912 01/25/2007 02:21P Weld County, CO 8 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said improve sh be completed ac iing)to the construction schedule set out in Exhib it"B." By: / App 'cant Applicant Date: QEeenes* 26, ,20 O4a Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 9 111111111111111111111111111 11111 1111111111 11111 1111 1111 3450912 01/25/2007 02:21P Weld County, CO 9 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT "B" Name of Subdivision or Planned Unit Development FRED 4 /ileac Z.1 ROrs*USE Filing _2etD AMSFR -`f I Location: no2.1 WELD COO*:rig Rep II Fait LvPto4 CO Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. All improvements shall be completed within •5 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 base Street paving Curbs,gutters,and culverts Sidewalk * Pav(. FSO DA-IS Storm sewer facilities Retention ponds Ditch improvem ents 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 11111 111111 Ills 11111 1111111 III 111111 III 1111 3450912 01/25/2007 02:21P Weld County, CO 10 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 10 The County,at its optio c nest of the Applicant,may grant an extension of rime for completion for any particular improve shown above,upo n a s . g by the Applicant that the above schedule cannot be met. By; A licant Applicant ©o c-t -, Lr Date: DEc&naz* 24,20 06 Title (If corporation,to be signed by President and attested to by Secretary,together with corp orate seal.) II 1111111 11111 IIII' MEANIE IIIII IIII111 III 111111 III 1111 3450912 01/25/2007 02:21P Weld County, CO 11 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Proposal Page No. of Pages Macrurn2006.12a FLATWORK BUILDERS 6180 WEST 10TH STREET GREELEY, COLORADO 80634 PHONE (910) 352-0876 FAX(970) 352-2092 PROPOSAL SUBMITTED TO PHONE DATE Macrum Building Systems Inc (970) 353-7364 11/16,2006 STREET Robert Coon JOB NAME 916 38th Avenue Ct Rothauge Plan 13027 WCR 18 Ft,Lupton CITY,STATE and ZIP CODE JOB LOCAmdhlg 120'-0"x 80,-0";80'-0" x 42'-0" Greeley, Colorado 80634 ARCHITECT DATE OF PLANS Wemsman Engineering JOB PHONE We hereby submit specifications and estimates for: FLATWORK - SITEWORK Walk.635 South..&.West..Side Excavate..&.Backfill.Trash.Pact Wall 6" Walk 108 sf East Side 4-0 x 27-0 6"Trash Pad 6-0 x 8-0 6" Concrete_Approch-Pad 30:0..x..120,0 wE8" Nominal_Retaining_WatI 2-6 6" Carlctete Approch Pad 5-0 x 20-0 wl Footers 8"x 16" 0 Concrete-Parking..Pads 77-0-x25-0 wt(2)-#4.T&B-#4-Verticals.@-30" OC 6" Concrete Parking Pads 19-0x90-0 w/6" Vertical Curb 20 If 6" Concrete-Parking-Pads49-0x27-0 (;)Install-Generals-6' Bollards(7'-0-high} (2) 4" Stoop 4-0 x 4-0 Curing Compound 4"Concrete HVAC Pads-6-0x16.8 1#Fiber TOTAL $30,080 THIS-PRICE-IS GOOD DTHROUGH 2006 NOT RESPONSIBLE FOR FROZEN GROUND 111Art.t 2.`100 S.F. OF G G,rc• ADDITIONS/OPTIONS: ADD: $ 910.00 FOR TYPE III CONCRETE-COLD WEATHER ALREADY P6u&tD (2,1oo S.F. it M 3.35. Ics) ADD: S 100:00 FOR 4" PVC-PIPE-SLEEVE-UNDER-DRIVE-ENTRY 40'-0"-iF ADD: $ 185.00 FOR(1)LOAD BASE MATERIAL r$r090.00 PIPEBUMPERSSUP?LIED BY GENERAL BASE MATERIAL BY OWNER NO EDGE ON SIDEWALK TOTAL_ REMATrlr+c = k22ro4o-co DRAIN CHANNEL THROUGH WALK NOT BID NO REMOVAL OF EXISTING CURB&GUTTER OR SIDEWALK BID City Permits and Barricades for Curb Cuts by General Curb&Gutter to be graded to+-1"and Staked by General bid'ic contingent-upon-availabiliity 0f'concrete-We-cannot guarantee'schedule-of-completlon due'to'concrete'suppiy Cuver'n ig with Blankets is$ .15/sf- Rip Frost by the Hour-Not Responsible for Frozen Ground-Heating Concrete by General Dirt-in-and out-by-General--Pupping-concrete-byGeneral-please.paintfpost-address-on lot before utiliitiy locates-are called Fiatwolk Builders does not provide any engineering services-ail design and inspections by others `We recommend that a co,!test h a eological engineer complete with open hole inspection and footing design be performed' Kll t Provost hereby to furnish material and labor—complete in accordance with above specifications, for the sum of: Thirty thousand eighty and no/100 dollars($ 30,080.00 ) Payment to be made as fpiRiieGREss PAYMENT BY THE TENTH OF EACH MONTH. 1 1/2%per month finance charge on all amounts unpaid after 30 days from due date,resulting in an annual percentage rate of 18%. In the event of default, purchaser agrees that collection costs including reasonable attorney tees,may be recovered. All claims or disputes between the parties to this contract shall be submitted to arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association and any a:,ard rendered b,:re a:bitratcrs shall be final and judgment mas be entered upon it in accordance with applicable law. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices.Any alteration or deviation from above specifications Authorized involving extra costs will be executed only upon written orders, and will become an extra Signature charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control.Owner to carry fire,tornado and other necessary insurance. Note:This proposal may be 14 Our workers are fully covered by Workman's Compensation Insurance. Withdrawn by us if not accepted within days. 4 Acceptance of Proposal —The above prices, specifications 11111111EEnn 11111 till Ill 1[11 III 111111 III till and conditions are satisfactory and are hereby accepted. You are authorized 3450912 01/25/2007 02:21p Weld County, CO to do the work as specified. Payment will be made as outlined above. 12 of 12 R 0.90 D 0.00 Steve Moreno Clerk& Recorder Date of Acceptance: Signature 447 MEMORANDUM WuPe. TO: Board of County Commissioners January 16, 2007 COLORADO FROM: Jacqueline Hatch SUBJECT: 2"d AMSPR-41, Fred and Marcia Rothauge The Department of Planning Services received a check for the Private Improvements Agreement for 2nd AMSPR-41. The collateral for the Improvements Agreement is in the amount of twenty five thousand one hundred and twenty five dollars ($25,125.00) for the improvements on-site. After review of the collateral by the Department of Public Works and the Department of Planning Services, it has been determined that the amount of the agreement will be sufficient to complete the improvements required for 2"d AMSPR-41. Weld County Planning Department GREELEY OFFICE JAN - v 2007 MEMORANDUMRECEIVED TO: Jacqueline Hatch, Planning Services DATE: January 3, 2007 C FROM: Donald Carroll, Engineering Division Manager die- COLORADO SUBJECT: 2nd AmSPR-41, Fred & Marcia Rothauge The Weld County Public Works Department has reviewed the Exhibit A portion of the Improvements Agreement According to Policy Regarding Collateral for Improvements(private road maintenance). The applicant has provided estimated construction costs for sidewalks and paving in the amount of $22,040.00. This estimated construction cost appears to be adequate for the proposed sidewalk and additional parking lot paving. When collateral is posted with the County Attorney, notification of scheduling with the Clerk to the Board for a 9:00 a.m. Commissioner hearing will follow. If Planning Services needs to add additional collateral items to the Exhibit A portion,this is the time it needs to be done. When collateral has been posted, please verify Public Works Department for scheduling. pc: 2nd AmSPR-41 M:\PLANNING—DEVELOPMENT REVIEWSPR-Site Plan RevieW2nd AmSPR-41-E.doe FREDY ALFRED ROTHAUGE 193 6248 EDGEMERE BLVD 718 �I.S ei"1' L 1 l 98-8/1120029 EL PASO,TX 79925 /l/� O 7 8043139242 Date PEl o erof / / o $�s1a500 la- Dol I ' aa ' For p?A ) 1I1'_'"" CIF ` PA' i: LL2OOOO661: 6O43L39242tt• 0 19 • 9'16 38th avenue court wMi re.,__ Greeley,C080634 BUILDING SYSTEMS, INC. (970)-353-7364 (970)-353-2393 Fax www.MacramBuildingSystems.com Letter of Transmittal Attu: Jacqueline Hatch w.weld County Planning Department Frain Robert Coon Dan 12/26/2006 Rec Fred&Marcia Rothauge Project GENTLEMEN WE ARE SENDING YOU: 1 Copy of the Private Improvements Agreement dated December 26,2006 THESE ARE TRANSMITTED AS CHECKED BELOW: For Your Review. REMARKS: If you have any questions, please qive me a call. COPY TO: SIGNED: Robert Coon, General Manager •Page 1 Hello