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Home My WebLink About20073435.tiff RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS([PRIVATE ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR AMENDED SITE PLAN REVIEW, AMSPR#187 -WRIGHT INVESTMENT GROUP, INC. 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 July 13, 2007, the Department of Planning Services staff approved Amended Site Plan Review, AMSPR#187, for Wright Investment Group, Inc., and Union Pacific Railroad, P.O. Box 73, Fort Lupton, Colorado 80621, do Leeburg and Associates, LLC, 707 Hawthorn Avenue, Suite 207, Boulder, Colorado 80304, for an office building, shop, storage building, display area for new and used car and trailer sales, outside storage, 12,000 gallon fuel supply vessel and staging area for up to 57 commercial field trucks on the following described real estate, to-wit: Part of the NW1/4 of Section 32, Township 2 North, Range 66 West of the 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 Wright Investment Group, Inc., with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Subdivision Performance Bond #104965227 from Travelers Casualty and Surety Company of America, Hartford, Connecticut 06183, in the amount of$27,000.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Subdivision Performance Bond as stated above,a copy of which is 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 Wright Investment Group, Inc., be, and hereby is, approved. 2007-3435 PL1935 p IMPROVEMENTS AGREEMENT - WRIGHT INVESTMENT GROUP, INC. PAGE 2 BE IT FURTHER RESOLVED that Subdivision Performance Bond #104965227 from Travelers Casualty and Surety Company of America, Hartford, Connecticut 06183, in the amount of $27,000, be and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of November,:A.D.; 2007. BOARD OF COUNTY COMMISSIONERS /. i WEL[S[ OUNTY, COLORADO ATTEST: a •e wltavid E. Long, Chair Weld County Clerk to the Boa A44�( fraig dMr. William H7 Jerke, Tem De u y Cler o the Board LA-✓('GPI Will' F. Garcia RO D A • V( � A1) Robert D. Masden o nt ttorney 71/ 2c,b-14 stn ✓'("L ougla Rademac r Date of signature: l a17 in 2007-3435 PL1935 00t*DI MEMORANDUM WI`P�. TO: Board of County Commissioners COLORADO DATE: October 31, 2007 FROM: Michelle Martin SUBJECT: AMSPR-187 The Department of Planning Services received a Subdivision Performance Bond in the amount of $27,000 for the Private Improvements Agreement for AMSPR-187. (An office building, shop, storage building, display area for new and used car and trailer sales, outside storage, 12,000 gallon fuel supply vessel and staging area for up to 57 commercial field trucks). The collateral for the Improvements Agreement is in the amount of twenty seven thousand dollars ($27,000.00) for the on-site improvements. The improvements agreement states the on-site improvements will cost $18,034.00. In an email dated 10/16/07 the County Attorney stated they do not see a problem with having collateral in excess of the amount of the improvments to be made. 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 AMSPR-187. P L /235 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this (/ V • of Moeertx6e.q--- , 20017 , by and between the County of W eld,State of Colorado,acting through its Board of County Commissioners,hereinafter e ailed"County," and Yr(,r6 f-Y-n oesf/2- to at Svc 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: /89,2, Abe �rr/wr//Co717 7270 c-Lictt &°62I — fm ✓cP � /Vu. /3c9 3Z0000ZS' WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be known as /3fiet.,eiej i PLvn,✓,r,,,r-Ai,n SP —/A21_ 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 pub lie improvements shown on plans,plats and supporting doeum ents 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 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 prom ise,covenant and agree as follows: N <- oa 1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in connection with morn the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit -p ca "A," which is attached hereto and incorporated herein by reference. IVY a'= 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor =o registered in the State ofColorado,and shall conform to the standards and criteria established by the �� d County for public improvements. =D `o § 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs,plans and Nom a_ o profiles, estimates, construction supervision, and the submission of necessary documents to the r co County. tz) ci 1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit fll Development to the County for approval prior to the letting of any construction contract. Applicant .rap-o shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to -n o the County. —-NO cc 2.0 Rights-of-Way and Ease ments: Before commencing the construction of any improvements herein agreed upon, Min-to ict Applicant shall acquire,at its own expense, good and sufficient rights-of-way and easements on all lands and —cs., facilities traversed by the proposed improvements. Cg C 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit 2007-3435 • • 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 strictconformance 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 requirement 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 Countymay suffer as a result ofall 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 againstthe County on accountof 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 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. 1111111111111111111111111111 IIII 1111111 III 11111 IIII IIII 2 3523976 12/17/2007 03:14P Weld County, CO 2 of 14 R 0.00 0 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 improvem ents in that phase of the development is satisfactory to the C ounty; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of theconstruction of streets within a Subdivision o r 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 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 o r she shall recommend full approval. Upon a receipt ofa positive unqualified recommendation from the County Engineer for approval of streets withinthedevelopment, the Board of County Comm issioners 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 ofCounty Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat re corded 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 Platapproval provided the cost estimates areupdated 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 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 improvemena are not completed and the agreement not renewed within these time frames,the County,at its discretion.may make demand on allot a portion o fthe collateral and take steps to see that the imp rovements 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 "A" and "B." 8.0 Improve ments 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 C ounty. 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 ems as set forth in Section 6.0 and Exhibits "A" and "B." 8.1.2 The LetterofCredit shallprovide for paymentupon demand to Weld County if the developer has not performed the obligations specified in the Improve ments Agreement and the issuer 111111111111111111111111111111111111111III11111 (III (III 3 3523976 12/17/2007 03:14P Weld County, CO 3 of 14 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 estimatedcosts 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 Comm issioners. 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 (MA.1.) 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 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.1.) 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 encumb rances. 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 agreementand for no other purpose and will not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 1111111 11111 111111 11111 11111 (III 111111111111111 (III VIII 4 3523976 12/17/2007 03:14P Weld County, CO 4 of 14 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 Co unty,shall release any remaining escrowed funds to the C ounty. -83.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent o One-Hundred percent(100%)of the value of the improvements as specified in the Improvements A greement. 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 appro ved 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 Ma nual. 9.3 "As built"plans sh all 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 besubmitted 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 submittalof the Statement of Substantial Compliance and recommendation of approval of the streets by the C ounty, 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 theresponsible governmental entity,special district or utility comp any. 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 ofCounty Commissioners,pursuant o 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 o r schools,said actions shall be secured in accordance with oneof I111111 I I 111111 I I I I I I I I 5 3523976 12/17/2007 03:14P Weld County, CO 5 of 14 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 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 C ounty may req uire a payment to the County in an amount equal to the market value at the time of Final Plat submission ofthc 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,perso nal 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. 111111111111111111111111111111111111111III1111111111111 3523976 12/17/2007 03:14P Weld County, CO 6 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 6 IN WITNESS WHEREOF,the parties hereto have caused this Agreementto be executed on the day and year first above written. _ —7� APPLICANT: / rc ii A /II,.j //e/ef7') e/7'/ £cart,4 C ,�, � /� APPLY-CANT: TITLE: Liir P.7/ Subscribed and sworn to before me this /7 day of _C,J , 20 07 My Commission ex.,eN. 56.:**. _ 1 -144* ao d ftkOT�Ytit "77lllTJJJTT� Notary Public • P(fBLtCJ J ............ My Convolute Ex.'s Jai.VI,2010 ATTEST: LOW'""7 4 ,/ / ��L`BOARD OF COUNTY COMMISSIONERS 41 1, iA E' 4"aLD COUNTY, COLORADO Weld County Clerk to the Board �"r"IvT r 1851 �. : < pYt i � ��av C E. Long airt n BY: (/rfa_ f / >9O7*, : fhMlkik 11/05/2007 Deputy Ak to the Board APPROVED AS TO FORM: / �� County Attorney 1111111111111111 Ent Min MI11111111 3523976 12/17/2007 03:14P Weld County, CO 7 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 7 �ZOU?- 393 • • EXHIBIT "A" Name of Subdivision r �- •'7 r '1.1 or Planned Unit Development_ >>. 1_.-"_n,-1c 12�,f� / /. �, -.;^�,; a.,,..1 1'r'{::_,; ,;�. ;>t' Filing Location: /4.'7 _At., .SFg Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout thisa *+Firist tLi+r 4 iann .LtIsiit'Ddv;topmerrt the following improvements. (Leave spaces blank where they do not app ly) improvements uantity 2D21 Unit Estimated Construction Costs Cost Site grading Street grading Street base Street paving Curbs,gutters,and culverts Sidewalk Storm sewer facilities Retention ponds Ditch Improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities Ott-site water supply and storage Water Mains(includes bore) Fire hydrants Survey and street monuments and boxes r / Street lighting 'j f Street Names 46,2 Fencing rcquircmcnts 1 �s Landscaping X r-/tiro. Avis/17,7 [ ..rAfi'e4r �r14J/_ Ja C�C�Park improve tents J g-,011 Road culvert Grass lined swalc Telephone Gas Electric Water transfer SUB-TOTAL: '` i Engineering and Supervision Costs S (Testing,inspection,as-built plans and work in addition to preliminary and final plat;supervision of actual construction by contractors) �Tj ) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ Z?j ^ /r n cJj- o III The above improvements shall be constructed in accordance with all County requirements and specifications, and S I 1111111111111111111111 11111 11111111111 111 1III11111 IIII 3523976 12/17/2007 03:14P Weld County, CO 8 of 14 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder - • conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit "B." g : ✓t/�t • nvC,f�/vl Piz 6:ro 4 C•ppalioApplicant 'ee Pre f,le-77 . Date: - /5' ,242 . Title (If corporation,to be signed by President and attested to by Secretary, together with corporate seal.) 1 111111 11111 111111 11111 11111 1111 MI III 11111 IIII IIII 3523976 12/17/2007 03:14P Weld County, CO 9 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 9 EXHIBIT"B" Name of Subdivision I 1,ir or Planned Unit Development /1;'�7 i"^�x f / _ ��' `J"��" /I ::--_t i� _ r;, Location: / 'La. f✓. �,-, 4.1"- l ✓,� ,i ..7 !v ' c'f-. s c_'•GZ-1 __ vim �_ ._�....z!_ �__.__... Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. 14 trt All improvements shall be completed within Girl L years from the date of approval of the4fiffdiiiiiiet 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 Storm sewer Facilities Retention ponds _ Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply and Storag Water mains Fire hydrants Survey and street monuments and boxes Street lighting Street name signs Fencing requirements Landscaping / Park improvemcuts _S Roud culvert Grass lined swak: Telephone (las Electric Water Transfer SUB-TOTAL: 10 1111111111111111111111111111111111111111111111111111111 3523976 12/17/2007 03:14P Weld County, 10 of 14 R 0.00 D 0.00 Steve Moreno Cle oenoCle k& Recorder 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: /Zif //1/2-M, ./7-.,/,e).--,7C7c �/1 C App!. nt 0 Applicant Vice ,Prey,',/e27, Date: F' 2 U , 20 ± 7 Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 1 111111 11111 111111 111111111111111111 Hint IIII 3523976 12/17/2007 03:14P Weld County, CO 11 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 11 • ,4 /,c'P-,- �. /y, a j �jt/rj /. or�rjyfr �r2* 'arc". 29 c �s -,/g2 '≤,>j .�.Qr'^e„0.-<e i.. -�. 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' -3-.0:7: -.5,-,e;,-,.-/_-2-2.,/,-7-. . t;' 8 .4<5 = 'Oe, r .E 5-A,,.// - III IIIII IIIIII IIIII IIIII IIII IIIIIII III IIIIII III IIII .... 3523976 12/17/2007 03:14P Weld County, CO 13 of 14 R 0.00 D 0.00 Steve Moreno Clerk & Recorder • • �'?u /,/11 4 Tzar z ice- / 111111 1 1111111111 11111 11111 IIII 1111111 III 1 11111 III IIII 3523976 12/17/2007 03:14P Weld County, CD 14 of 14 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Page 1 of 1 • Michelle Martin From: Verlene Leeburg [vleeburg@comcast.net] Sent: Wednesday, October 10, 2007 4:11 PM To: Bruce Barker Cc: Don Wright; Michelle Martin Subject: Improvements Agreement Attachments: Improvements Agreement - 10-10-2007.pdf Dear Mr. Barker: I am serving as representative for the Wright Investment Group, Inc. in the pursuit of an Amended Site Plan Review (AMSPR-187) before Weld County. Working in concert with Ms. Michelle Martin of the County's Planning Staff, we are advised an Improvements Agreement is necessary to collateralize certain required on-site landscaping and parking revisions. The Agreement was prepared, along with a Subdivision Performance Bond issued by Travelers Casualty & Surety Company of American in the amount of$27,000, dated August 14, 2007 and tendered on August 21, 2007 to Ms. Martin. Subsequently, upon review of the landscaping and parking layouts by Planning, revisions have been agreed to which result in less estimated cost of the work, totally some $18,034 in amount. Discussions with Ms. Martin on October 8, 2007 indicate that County legal counsel must review and authorize the Improvements Agreement prior to submittal for execution by the Board of County Commissioners and that allegedly the collateral cannot exceed the cost estimate. We find this curious that one cannot"over collateralize" and respectfully request your consideration in that while the Wright's can have the bond re-issued at a lesser amount, certain costs and inconveniences would be incurred. As a result with Ms. Martin's knowledge, we respectfully ask Counsel's review and approval of the Improvements Agreement as herein revised (copy attached). Thank you for your consideration. I am available to meet with you if necessary and am at 303-947-0791 or 303-444-8325 (fax) or vleeburg@comcast.net (email). Linn T. Leeburg (dba Leeburg & Associates, LLC) 10/11/2007 • I Michelle Martin From: Bruce Barker Sent: Tuesday, October 16, 2007 1:59 PM To: Verlene Leeburg Cc: Don Wright; Michelle Martin Subject: RE: Improvements Agreement Verlene: I am in agreement with you. I do not see the problem with having collateral in excess of the amount of improvements to be made. I have corresponded with Michelle and we are OK with your using that Performance Bond (without having to get a new one to match the $18, 034) . Bruce Barker Weld County Attorney Original Message From: Verlene Leeburg [mailto:vleeburg@comcast.net] Sent: Wednesday, October 10, 2007 4 :11 PM To: Bruce Barker Cc: Don Wright; Michelle Martin Subject: Improvements Agreement Dear Mr. Barker: I am serving as representative for the Wright Investment Group, Inc. in the pursuit of an Amended Site Plan Review (AMSPR-187) before Weld County. Working in concert with Ms. Michelle Martin of the County' s Planning Staff, we are advised an Improvements Agreement is necessary to collateralize certain required on-site landscaping and parking revisions . The Agreement was prepared, along with a Subdivision Performance Bond issued by Travelers Casualty & Surety Company of American in the amount of $27, 000, dated August 14, 2007 and tendered on August 21, 2007 to Ms. Martin. Subsequently, upon review of the landscaping and parking layouts by Planning, revisions have been agreed to which result in less estimated cost of the work, totally some $18, 034 in amount. Discussions with Ms. Martin on October 8, 2007 indicate that County legal counsel must review and authorize the Improvements Agreement prior to submittal for execution by the Board of County Commissioners and that allegedly the collateral cannot exceed the cost estimate. We find this curious that one cannot "over collateralize" and respectfully request your consideration in that while the Wright' s can have the bond re- issued at a lesser amount, certain costs and inconveniences would be incurred. As a result with Ms . Martin' s knowledge, we respectfully ask Counsel' s review and approval of the Improvements Agreement as herein revised (copy attached) . Thank you for your consideration. I am available to meet with you if necessary and am at 303-947-0791 or 303-444-8325 (fax) or vleeburg@comcast.net (email) . 1 Michelle Martin From: Don Dunker Sent: Monday, October 29, 2007 7:56 AM To: Michelle Martin Cc: Don Dunker Subject: AmSPR-187 Hi Michelle, The collateral values sent to Public Works for AmSPR-187 to review are acceptable. The additional amount to be held should be enough to cover the construction costs. Thanks, Don Dunker, P.E. Weld County Public Works 1111 H Street Greeley, CO 80631 phone: 970 .304.6496 ext. 3749 fax: 970 .304 .6497 ddunker@co.weld.co.us 1 Y .41-t SUBDIVISION TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA PERFORMANCE Hartford, Connecticut 06183 BOND (Annual Premium until Released by Obligee) Bond No.: 104965227 KNOW ALL PERSONS BY THESE PRESENTS, That we, Wright Investment Group, Inc., called the Principal, and Travelers Casualty and Surety Company of America, a Connecticut corporation, called the Surety, are held and firmly bound unto Board of County Commissioners, Weld County, Colorado, called the Obligee, in the sum of Twenty-seven thousand and No//100 ($27,000.00) for the payment thereof said Principal and Surety bind themselves, jointly and severally, as provided herein. WHEREAS, in order to file a plat or subdivision map, or to obtain a permit, the Principal has entered into a contract with the Obligee which requires the Principal make certain improvements to the land as more particularly set forth in (hereinafter referred to as the "Contract"). NOW, THEREFORE, the condition of this obligation is such that if the Principal shall construct the improvements described in the Contract on or before August 1, 2008 (or within such further extensions of time that shall be granted by Obligee in writing and consented to in writing by Surety), then this obligation shall be void, otherwise to remain in full force and effect. This obligation is subject to the following conditions: 1. This bond runs to the benefit of the named Obligee only, and no other person shall have any rights under this bond. No claim shall be allowed against this bond after the expiration of one year from the date set forth in the preceding paragraph, or one year from the end of the latest extension of time consented to in writing by Surety, whichever occurs last. If the limitation set forth in this bond is void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 2. This bond is not a forfeiture obligation, and in no event shall the Surety's liability exceed the reasonable cost of completing the improvements described in the Contract not completed by the Principal, or the sum of this bond, whichever is less. Signed this 14th day of August, 2007. Wright Investment Group, Inc. (Principal) By: GZ `Tit)` Travelers Casualty and Surety Company of America By: \ C\ � \CNE' s7NAse Valerie R. Partridge, Attorney-in-Fact N WARNING.THIS PriWER OF ATTORNEY IS INVALID WITHOUT THE RED 9O1 ' •W TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 217963 ®0139301.3 Certificate No. KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Connie K.Boston, Donald B.Martin,Chris S. Richmond, Darlene Krings,William C.Bensler,Kelly T. Urwiller, Russell J.Michels, Diane F.Clementson, Valerie R.Partridge, Penny R. Burford,Anthony P.Stimac, Royal R. Lovell,and Jennifer Winter of the City of Greeley ,State of Colorado each in their separate capacity if more than one is named above,to sign.execute,seal and acknowledge any and all bonds,re ognizancestheir true nconditionallawful tuondertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNEE ZZanieSS WHEREOF.the Comps have caused this instrument to be signed and their corporate seals to be hereto affixed,this 18th day of JJ UU�I Farmington Casualty Company SL Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company SL Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company pnso�r` �. Si. Ery p a /yam' �4 lye s�y�, ro c xcolvew,rm:. " Jne n.cE 'i f;�o vOns�, /i' o9 ' _ /� vie^ °/"'�� ` Yµ° s 1957 N T9Z r T SAL £ r,_ ("° HamFcao` Iatmram *s � +e. .J' -°n.,a s S o- ,,,,,,;;;.;.E. x s�°z `'SEAL s CONN. '� 1j�a�!.F` \\�J® \:;;w.:,.� \:_mi l£ \ ntl State of Connecticut BY: City of Hartford Connecticut Georg Thompson. enior ice President 18th January 2007 On this the day of , before me personally appeared George W. Thompson, who acknowledged himself to he the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company.St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America.and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do.executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. Ili TAq‘ 11 t � C i�My Commission expires the 30th day of June.201 I. OW AORO v \ Marie C Te[reauh.Notary Public 1, 'HVECCF't 58440-8-06 Printed in U.S.A. WARNING.THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 1. WARNING:THIS POWER OF ATTORNEY IS INVALID WI I Hull I nv ncu ovnUEfl This Power of Attorney is granted under y the authority of the following resolutions adopted by tt ards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Su.-.y Company, St. Paul Fire and Marine Insurance Company St.Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company.which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman,the President, any Vice Chairman, any Executive Vice President,any Senior Vice President, any Vice President, any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her:and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary:and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary:or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is FURTHER RESOLVED,that the signatmE of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President. any Assistant Vice President,any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company.Travelers Casualty and Surety Company,Travelers Casualty and Surety Company-of Americaeand United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power.Of Attorney-executed by saichCompanies,which is in full force and effect and has not been revoked. j 20V 1 IN TESTIMONY WHEREOF.I have hereunto set my hand and affixed the seals of said Companies this \ day of Kori M.Johans Assistant Secretary or,suarr` /law , smrh '. +. 1st gel ." egy Akat e 0ON dr -`,.\ < • F " �co Vii' a'xi-- �`c ��fruarFoRo. tµplwiul'5, " 4 992 ; �9n S, E 1951 - af,X927 g vH.v$. �.SEALA,1\. E3.L i \CONN, O B octet I�? N? 1896 oCl *1/4a To verify the authenticity of this Power of Attorney.call 1-800-421-3880 or contact us at www.stpaultravelersbond.com.Please refer to the Attorney-In-Fact number. the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Hello