HomeMy WebLinkAbout20071296.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE
CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR SITE PLAN REVIEW, SPR#407 -
FOSTER EQUIPMENT COMPANY, DBA FOSTER AND FOSTER, LLC, C/O NEAL AND
JUDITH FOSTER
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 January4,2007,the Department of Planning Services approved a Site Plan
Review, SPR #407, for Foster Equipment Company, dba Foster and Foster, LLC, 12739 Weld
County Road 4, Brighton, Colorado, 80601, do Neal and Judith Foster, 2813 Cortina Lane,
Evergreen, Colorado 80439, through Randal King, 300 Madison Avenue, Loveland, Colorado
80537, for an office building for heavy equipment sales, service, warehouse, and maintenance
building for heavy equipment on the following described real estate, to-wit:
Lot A of Amended Corrected Recorded Exemption
#470; being part of the SE1/4 of Section 30,
Township 1 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 Foster Equipment Company, dba Foster and Foster,
LLC, do Neal and Judith Foster, through Randal King, with terms and conditions being as stated
in said agreement, and
WHEREAS,the Board has been presented with Irrevocable Standby Letter of Credit#1327
from Colorado Business Bank, 821 17th Street, Denver, Colorado 80202, in the amount of
$87,408.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Irrevocable Standby Letter of Credit as stated above, copies of which are attached
hereto and incorporated herein by reference.
2007-1296
PL1893
IMPROVEMENTS AGREEMENT- FOSTER EQUIPMENT COMPANY, DBA FOSTER AND
FOSTER, LLC, C/O NEAL AND JUDITH FOSTER
PAGE 2
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 Foster EquipmentCompany,dba
Foster and Foster, LLC, do Neal and Judith Foster, through Randal King, be, and hereby is,
approved.
BE IT FURTHER RESOLVED that Irrevocable Standby Letter of Credit #1327 from
Colorado Business Bank, 821 17th Street, Denver, Colorado 80202, in the amount of$87,408.00,
be and hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 7th day of May, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WEL. .OUNTY, COLORADO
J Cc
1 r
ATTEST: l y/_ v' l w-
;u� E. Long, Chair
Weld County Clerk to the Boar 1861 0 I
Cam•r �y7 BY:
Deputy Clerk o the Board
Willi F. rcia
APP AS T •
y
Robert D. Mas en
unty Attorney
o glas Rademacher
Date of signature:
6411#7
2007-1296
PL1893
46iYate MEMORANDUM WELD COUNTY
Wtllfl TO: Board of County Commissioners COMMISSIONERS
COLORADO DATE: April 30, 2007 Mil NAY _g A
FROM: Michelle Martin RECEIVED
SUBJECT: SPR-407
The Department of Planning Services received a letter of credit for the Private Improvements
Agreement for SPR-407 (Site Plan Review for an office building for heavy equipment sales,
service, warehouse, and maintenance building for heavy equipment ).
The collateral for the Improvements Agreement is in the amount of eighty seven thousand four
hundred eight dollars ($87,408.00) for on-site improvements.
After review of the collateral by the Weld County Attorney, the Department of Public Works and
Department of Planning Services, it has been determined that the amount of the agreement will
be sufficient to complete the on-site improvements required for SPR-407.
2007-1296
Weld County Planning Department
GRFFLFy nrcicr
APR 0E 2007
itoCerul
MEMORANDUM ,RECEI vto
' TO: Michelle Martin, Planning Department DATE: 5-April-2007
W� O FROM: Jesse Hein, Pub orks Department
C.
COLORADO SUBJECT: SPR-407,Neal and Judith Foster(Site Plan Review)sign-off
Weld County Public Works Department has reviewed this Site Plan Review request. Comments made during this
phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining
application process.
Comments
This memorandum is a follow up to comments dated February 22, 2007.
The applicant has submitted a revised drainage report for Foster Equipment Company and revised construction plans
which are acceptable to Public Works.
The applicant shall provide a full set of construction plans signed, stamped and dated by a professional engineer for the
Public Works Department's files.
The applicant has submitted a revised Improvements Agreement per previous comments which is acceptable the Public
Works Depaitment.
This concludes all known issues and requirements for the Public Works Department.
Recommendation
o The Public Works Department signs off on this site plan review.ete, .�t „c _... u .. tp71e• _9 — .9 �6t '�s ' a'Snt ititkic�, e r _ ee�t sk �i a 0431 .,. .a9 _o-o- tl ��et gae •o- ® s®ea so- a llZ?o-1' eo- a a o-�o-. e
• 9
PC: SPR-407,Neal and Judith Foster(Site Plan Review)sign-off
Email&Original: Michelle Martin
PC by Post applicant: Randal King
PC by Post engineer: Laube Engineering, LLC
_.. Page 1 of 1
8'1
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this E day of J a m ,20�' ,by and
between the County of Weld, State of Colorado, acting through its Board of County Commissioners,
hereinafter called "County,@ and 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:
WHEREAS,a Final Subdivision/Planned Unit Development(PUD)plat of said property,to be known
as - t.t Sa k-` Q- has been submitted to the County
for approval, and
WHEREAS, relevant Sections of the Weld County Code provide that no Subdivision Final Plat,
Planned Unit Development Final Plat,or Site Plan shall be approved by the County until the Applicant has
submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements
shown on plans, plats and supporting documents of the Subdivision Final Plat, Planned Unit Development
Final Plat,or Site Plan,which improvements,along with a time schedule for completion,are listed in Exhibits
AA@ and AB@ 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 AA,@ 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
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construction contract. Applicant shall furnish one set of reproducible "as-built"
drawings and a final statement of construction cost to the County.
2.0 Rights-of-Way and 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.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or
Planned Unit Development improvements listed on Exhibit AA,@ which is attached hereto
and incorporated herein by reference,according to the construction schedule set out in Exhibit
AB@ 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 AB.@ The Board of County Commissioners, at its option, may grant an
extension of the time of completion shown on Exhibit AB@ upon application by the
Applicant subject to the terms of Section 6 herein.
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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,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.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the
Applicant,streets within a Subdivision or Planned Unit Development may be approved by the
County as public roads and will be maintained and repaired by a Homeowners Association or,
in its absence, the owners of lots within the Subdivision or Planned Unit Development.
6.1 If desired by the County, portions of street improvements may be placed in service
when completed according to the schedule shown on Exhibit AB,@ but such use and
operation shall not constitute an approval 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 AB,@ and may continue to issue building permits so long as the progress of
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 that the Board of County Commissioners partially approve them. Not
sooner than nine months after partial approval, 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 or she shall
recommend full approval. Upon a receipt of a positive unqualified recommendation
from the County Engineer for approval of streets within the development,the Board
of County Commissioners shall fully approve said streets as public but with private
pay.
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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. 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
(not one year after acceptable collateral is submitted) unless the applicants)
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 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 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 AA@ and AB.@
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 improvements as set forth in Section
6.0 and Exhibits AA@ and AB.@
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.
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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
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:
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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.
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 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 Schedule for minimum materials sampling,testing and
inspections found in the Colorado Department of Transportation(CDOT)Materials
Manual.
9.3 "As built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project "as-built" is in
substantial compliance with the plans and specifications as approved, or that any
material deviations have received prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by a
letter of acceptance of maintenance and responsibility by the appropriate utility
company, special district or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall indicate
if the 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 kLIULJ' l1IUJJh'1 111111 IIII 11111III IIIII 1111IIII0 WeConty, C0of12 R0.00 D0.0012:32P Steve Moreno Clerk$ Recorder
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 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 approval by the
Board of County Commissioners.
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
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(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 school 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 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 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.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day
and year first above written. tri
APPLICA
r
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TITLE: et, '- C w c\c.
Subscribed and sworn to before me this \S day of , 20O'1.
fr.
My Commission expires: d „0_Q
Notary Public
ATTEST: &co BOARD OF COUNTY COMMISSIONERS
^^� COUNTY, COLORADO
�„
Weld County Clerk to the Bo• ,� iF6i `kl'
-,:v 'i (✓
yy�r�����" 7 David E. Lo g , Chair
BY: C_ (i � S
+' 05/07/07
Deputy Clerk to the Board . s
APPROVED AS TO FORM:
County Attorney
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Weld County Planning Department
S0'ITHWEST BUILDING
EXHIBIT AA@
MAR 1 5 2007
Name of Subdivision
or Planned Unit Development: �os� �f E� v '�� Me. f' Corh�ktrlr �I�ED
Filing: kip.
Location: We-let Cou-...5j Eoca H / (3r,'k4o,.. 1 Colorals'
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
°0
Site grading I 4,5;4-1 3cOO°° 3cgo
Street grading Ne 's- —
Street base /,No nl a
paving 11,200 s-- z.60 7_q7 bap m
Curbs,gutters, and culverts 115 tR
la CO r -:50 ar.
Sidewalk 2095 SA 1.1 5 3 t(2.- "9
Storm sewer facilities ,uok= —O —
Retention ponds I cook WPC 1,00.0
Ditch Improvements No.^(G
Subsurface drainage "'enc. -
Sanitary sewers .0 one —o —
Trunk and forced lines .Lo"IC —o—
Mains Nova °°
Laterals(house connected) /Lo if —10O I y 0 e
On-site sewage facilities / &e-c L 7500° -7 goo
On-site water supply and storage n.r°04c —C .a.—
Water Mains(includes bore) 330 tF e:,-' z,z..,-(0
o
Fire hydrants No 1� --a —
Survey and street monuments and boxes �Io-t-e' -- —
lighting L-- y cam" 5 00000
Street Names iuc-ac —o —
Fencing requirements NarieS t.f 161 of SO°°
Landscaping "'moo c< 36 4 tor coo
Park improvements My Ase. —o—
Road culvert Mc to -e -
Grass lined swale vuo..*G - -
Telephone Ito tf, `I 1-11-1O `°
Gas Ito It 0 - o -
Electric r-to ' `f- G 66c
Water transfer /Job —0 - _
SUB-TOTAL: 4 R M6`�
ecZ, Engineering and Supervision Costs $ ' , 1(iZco
(Testing, inspection, as-built plans and work in addition to preliminary and fmal plat; supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 7,-He'
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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 AB.@
By:
App i[cant
Applica� t C
P,t td2a•-Y Date: - IS , 20 07
Title
(If corporation,to be signed by President and attested to by Secretary, together with corporate seal.)
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...,..a
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•
EXHIBIT"B"
Name of Subdivision rr--
oe Planned Unit Oevelnpmenc Gas'�f 4a f C 24 ic.ct
Location: we..ta ee tq��0 —y t copGre.c.2.O
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 'L 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. t2 5- 2.ea0'1
Street base
Street paying 1 Z -" *ZCk77
Curbs,gutters,and culverts 1 Z- 5-zoo-7
Sidewalk n.- S- -22b1
Storm sewer facilities
Retention ponds 1 - _ "24907
Ditch improvements .—
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected) 12 - 6 - Zigp?
On-site sew ge facilities i Z, - 5 _ Z,or)-1
On-site water supply and storage ..-
Water mains 1- 5- Z,yp-I
Fire hydrants
Survey and street monuments and boxes —
Street lighting IZ b - gyp?
Street name shuts
fencing reauirements (3,- 5 - 7807
Landscaping {2- 5 14001
Park improvements .._
Road culvert
Grass lined stale
Telephone 4!I- y_ ,a2.7
Gas LZ- 5— 2.901
I:lectrie - t6. .--. -2.40p7
Water Transfer
SUB-TOTAL:
111111 11111 111111 IIII 11111111111111111 III 111111 III IIII
3475875 05/15/2007 12:32P Weld County, Co
11 of 12 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
10
•
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:
Applicant
Applicant
1 )..e—agrT Date: 1 - 1 5 , 20 O7
Title
(If corporation,to be signed by President and attested to by Secretary, together with corporate seal.)
7
t
A .
1111111 11111 111111111111101 1111111 111111111 III unn
3475875 05/15/2007 12:32P Weld County, CO
12 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Page 12 of 12
07007—ARX
CONTRACTING
}çIrnoi
do-
300 Madison Avenue, Loveland, Colorado 80537
PHONE: 970-669-3077 • FAX: 970-669-2183 • EMAIL: kci(a�frii.com
Estimate Worksheet
Building: Date: 2 -7ro-?
Quantities By:
Subject:
Dimensions
Item No. L. W. D. <f--
l tZ
Pao Ia 1 _. -s s
cc?, conzActe_ Li-co
Totals for this
Page only
Extended By Checked By Page No. of
FEB-12-2007 08:09A FROM:JAKE KRUFr'N & SON 19706679985 TR5692187 P. 1/1
7a4c Kat4Fsan & Son, Jnc.
808 South County Rd.9E
Loveland,CO 80537
Phone—970/667-1557
Fax—970/667-9985
CONTRACTORS
PIT PRICE LIST
EFFECTIVE: JANUARY 1,2007
CRUSHED, SCREENED AND RAW MATERIALS
1"ROAD BASE $ 7.35
1-1/2" ROAD BASE $ 7.10
STRUCTURAL FILL $ 4.50
SCREENED TOP SOIL $10.00
FILL DIRT $ 6.50
WICKING SAND $ 4.25
WICKING MATERIAL $ 9.50
PIT RUN $ 6.25
BALL FIELD MATERIAL $11.75
3"MINUS RECYCLED CONCRETE $ 4.60
1"RECYCLED CONCRETE- $ 5.60
1"RECYCLED ASPHALT $ 6.35
COBBLES $18.75
WASHED MATERIAL
3/e"WASHED ROCK $10.25
1-1/2" WASHED ROCK $10.25
PEA GRAVEL $ 7.00
MASONRY SAND $11.50
CONCRETE SAND $ 4.75
CONCRETE MIX $ 9.50
GROUT MIX $ 9.00
ALL PRICES ARE PER TON ONLY
CONTRACTING
fine—
300 Madison Avenue, Loveland, Colorado 80537
PHONE: 970-669-3077 • FAX: 970-669-2183 • EMAIL: kci(a)frii.com
Estimate Worksheet
Building: rea (c_e.. o_q Date: � - e- - '
Quantities By: X10
Subject:
Dimensions
Item No. L. W. D.
3cf S plo-ah, li �[ to lOc/'-1 'rif(o Z1O�
/ z9Z I (0%-(( ,,;rct ems_ H,to/4 5297"
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Totals for this
Page only
Extended By Checked By Page No. of
* 4
titr
�a _____ CONTRACTING
DIVISION NUMBER
VERBAL BID 1 2 3 4
5 6 7 8
Date 3- 8 - z�'7 9 10 11 12
13 14 15 16
Project -cos- -f-'
Name of Firm Quoting Ikaci27 ao C.-P_
Address
Person Giving Bid Phone
Supplier Base Bid Addendums 1 2 3 4
Subcontractor Base Bid
Inclusions C-1.( :.F ti`•.4 to 107i
Cci-fitrn.(..... If Iyif.
Exclusions
Alternates
Bid Taken By: ��C Time: trot° i►‘._
O COLORADO
BUSINESS BANK
Pe
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n g` APR 2 7 7nn7
WELD COUNTY
ATTORNEY'S OFFICE
April 25, 2007
Bruce Barker
City Attorney
P.O. Box 758
915 10th Street
Greeley, CO 80632
RE: Foster& Foster LLC
Dear Bruce:
On behalf of Foster & Foster LLC, I am enclosing the Irrevocable Standby Letter of
Credit in favor of Board of County Commissioners in the amount of$87,408.00 to
support the Improvements Agreement.
Should you have any questions, please give me a call at(303) 383-1229.
Sincerely,
Darlene A. Evans
Senior Vice President
Commercial Banking
821 17th Street•Denver, Colorado 80202
Tel: 303.312.3400•Fax: 303.312.3477
www.cobizbank.com
COLORADO "re
BUSINESS BANK G ,
�L
IRREVOCABLE STANDBY LETTER OF CREDIT cC
Letter of Credit Number: 1327
Expiration Date: April 30, 2008
Date: April 25, 2007
Beneficiary Name: Board of County Commissioners, ATTN: Clerk of the Board
Address: P.O. Box 758
City, State, Zip Code: Greeley, CO 80632
Applicant Name: Foster & Foster, LLC
Address: 12739 Weld County Road#4
City, State, Zip Code: Brighton, CO 80601
We hereby issue our Irrevocable Standby Letter of Credit No. 1327 in your favor in the
amount of Eighty Seven Thousand Four Hundred Eight U.S. Dollars (USD $87,408.00) and
expiring at the close of business (3:00 p.m. Mountain Time) on April 30, 2008 at our counters
at Colorado Business Bank, Loan Operations Department 3rd floor, 821 17th Street, Denver,
CO 80202.
This letter of credit is available by presentation of your draft at sight, drawn on Colorado
Business Bank, accompanied by the original letter of credit and amendment(s), if any. In the
event of a partial draw, this letter of credit is available by presentation of your draft at sight,
drawn on Colorado Business Bank and certified copies of the original letter of credit and
amendment(s), if any.
Special Conditions:
Partial drawings are allowed.
This Letter of Credit is subject to the following terms and conditions:
(1) All drafts so drawn must be marked drawn under Colorado Business Bank Letter of
Credit number 1327.
(2) Any draft(s) drawn by you under this Letter of Credit shall be accompanied by a
statement executed by an authorized official of the Board of County Commissioners of
Weld County, Colorado stating that Foster& Foster, LLC has committed a material
breach of the Improvements Agreement according to Policy regarding collateral for
Improvements dated 15th day of January, 2007 by and between Foster & Foster and
the Board of County Commissioners of the County of Weld, and that such material
breach entitles the Board of County Commissioners of Weld County, Colorado to
draw on Irrevocable Letter of Credit number 1327.
821 17th Street•Denver,Colorado 7 80202
TeP 3303312. 4��$I•Fd�K_'.₹Q�„39\Fosrei Foster LLC#I327 Letter of Credit.doc
C.\Documents and Settings\jgoodwin\Local Settings\Temp hY�`C'�ftj
Letter of Credit No. 1327
Dated: April 25, 2007
It is a condition of this Letter of Credit that it will be automatically extended without
amendment for an additional period of 12 months from the present and each future
expiration date, unless 60 days prior to the then relevant expiration date, Colorado
Business Bank notifies the beneficiary in writing that the we elect not to extend this
Letter of Credit for any additional period. This Letter of Credit will have a full and
final maturity date of May 1, 2010.
We hereby agree with you that drafts drawn under and in accordance with the terms of this
letter of credit will be duly honored upon presentation of drafts(s) and required document(s) at
our office no later than the close of business (3:00 p.m. Mountain Time) at 821 17th St., Loan
Operations Department 3rd floor, Denver, Colorado 80202, U.S.A. on or before the expiry date
of this Letter of Credit.
Unless otherwise expressly stated, this letter of credit and all negotiations hereunder shall be
governed by and construed in accordance with the International Standby Practices ISP98, as
published by the International Chamber of Commerce Publication No. 590, and, to the extent
not inconsistent therewith, the laws of the State of Colorado.
This letter of credit is not transferable unless Colorado Business Bank agrees to the transfer in
writing.
Please direct any inquiries with regard to this Letter of Credit to Colorado Business Bank,
Loan Operations Department, 821 17th Street, Denver, CO 80202 (303)293-2265.
Colorado Business Bank,
Darlene A. Evans
Senior Vice President
821 17th Street•Denver, Colorado 80202
Tel 30 iWa Q9gic 1?.3477
C:\Documents and Settings\jgoodwin\Local Settings\Temp Imc9\ os[er os[er LLC#1327 Letter of Credit.doc
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