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Home My WebLink About20073151 RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#1533 - ASPHALT PAVING COMPANY 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 March 15, 2006, the Weld County Board of Commissioners approved Use by Special Review Permit#1533,for Asphalt Paving Company, 14802 West 44th Avenue, Golden, Colorado 80403, for a Mineral Resource Development Facility, including asphalt batch and recycling plants, concrete batch plant, materials blending, import of materials, and gravel mining, in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the NW1/4 of Section 25, Township 1 North, Range 67 West of 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval,the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements(Private Road Maintenance),for the Wattenberg West Sand and Gravel Mine between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Asphalt Paving Company, with terms and conditions being as stated in said agreements, and WHEREAS, the Board has been presented with Irrevocable Letter of Credit #1355 from Colorado Business Bank, Attn: Loan Operations, 3rd Floor, 821 17th Street, Denver, Colorado 80202, in the amount of $92,893.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Irrevocable Letter of Credit as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for Improvements(Private Road Maintenance)between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Asphalt Paving Company, be, and hereby are, approved. 2007-3151 PL1824 00: PIA) ARP)._ l(_w o7 IMPROVEMENTS AGREEMENT -ASPHALT PAVING COMPANY PAGE 2 BE IT FURTHER RESOLVED that Irrevocable Letter of Credit #1355 from Colorado Business Bank, Attn: Loan Operations, 3rd Floor, 821 17th Street, Denver, Colorado 80202, in the amount of $92,893.00, be and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of October, A.D., 2007. ��..` BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 4LJa.s /c i' >:�N' / EXCUSED • David E. Long, Chair Weld County Clerk to th-t:. r 4 . jai William H. Jerke, Pro-Tem BY: r De y Cler to the Board Wi �. Garcia AP T ORM: Robert D. Masden ty Attorney ouglas ademach r Date of signature: I°IJ 3I it 7 2007-3151 PL1824 r.r MEMORANDUM TO: Michelle Martin, Planning Services DATE: September 25, 2007 FROM: Donald Carroll, Engineering Administrator i,J�'i/ SUBJECT: USR-1533, Asphalt paving Company COLORADO The Weld County Public Works Department has received and reviewed the three Improvements Agreements associated with the proposed USR-1533, Asphalt Paving Companies, the Wattenburg West Sand and Gravel Mining Operation. In reviewing the Exhibit A portion of both the private road maintenance and public road maintenance items, the Weld County Public Works accepts all three agreements as being reasonable. All other non-transportation items shall be verified by Planning Services prior to scheduling. The Weld County Public Works Department shall forward the original agreements to the Clerk to the Board for review and scheduling. Please find attached the two of the three agreements to be scheduled by the Public Works Department. The remaining private road maintenance agreement shall be scheduled by Planning Services, as it deals with landscaping and other non-transportation items. All three agreements should be scheduled for one hearing, as they are all associated with one USR case. pc: USR-1533 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1533.DOC MEMORANDUM WI`pe. TO: Board of County Commissioners COLORADO DATE: October 2, 2007 FROM: Michelle Martin SUBJECT: USR-1533 The Department of Planning Services received an Irrevocable Letter of Credit for the Private Improvements Agreement for a Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development facility including a Concrete and Asphalt Batch Plant, Recycling Plant, Materials Blending, Import of Materials and Gravel Mining in the A (Agricultural) Zone District, (Wattenberg West Facility). The collateral for the Improvements Agreement is in the amount of ninety two thousand eight hundred ninety three dollars ($92,893.00) 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 USR-1533. 858 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT, made and entered into this3t day of O bn c , 2007, by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County, and Asphalt Paving Company(USR-1533) hereinafter called "Applicant." WITNESSETH: WHEREAS, Applicant is the owner of, or has a controlling interest in the following described property in the County of Weld, Colorado: Lot B of Recorded Exemption No. RE-3007, being a portion of the North %1 of the Northwest '/ Section 25, Township 1 North, Range 67 West, 6th Principal Meridian, County of Weld, State of Colorado; listed in the Weld County Assessor's Office as Parcel No. 146925000020 and South 'h of the Northwest '/a Section 25, Township 1 North, Range 67 West, 6th Principal Meridian, County of Weld, State of Colorado; listed in the Weld County Assessor's Office as Parcel No. 146925000002. WHEREAS,a Final Subdivision/Planned Unit Development(PUD)plat of said property,to be known as Wattenberg West Sand and Gravel Mine 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 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 E connection with the design and construction of the Subdivision or Planned Unit Development a d improvements listed on Exhibit AA,@ which is attached hereto and incorporated herein by - °C reference. a co IVY 1.1 The required engineering services shall be performed by a Professional Engineer and c Land Surveyor registered in the State of Colorado,and shall conform to the standards _=--0 and criteria established by the County for public improvements. scam — ° 1.2 The required engineering services shall consist of, but not be limited to, surveys, ti designs, plans and profiles, estimates,construction supervision,and the submission -o 0 of necessary documents to the County. a 1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision —0 o or Planned Unit Development to the County for approval prior to the letting of any ao =co moo r cc 1 accm T X:\PROJECTS BY CLIENT\ASPHALT PAVING\04021-wATTENBERG WEST\PHASE III-SUBMITTAL THROUGH MI=LO`o APPROVAL\301-LOCAL REFERRAL-HEARING PROCESS\WORK PRODUCT\04021-IMPROVEMENTSAGREE-PRIVATE- -m r 042407.DOC 2007-3151 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. 111111111111111111 illl 11111111111111111 III 11111 IIII IIII 3515858 11/06/2007 03:11P Weld County, CO 2 of 13 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2 X:\PROJECTS BY CLIENT\ASPHALT PAVING\04021-WATTENBERG WEST\PHASE III-SUBMITTAL THROUGH APPROVAL\301-LOCAL REFERRAL-HEARING PROCESS\WORK PRODUCT\04021-IMPROVEMENTSAGREE-PRIVATE- 042407.DOC 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. 1111111 11111 111111 1111 11111111111111111 III 11111 IIII IIII 3515858 11/06/2007 03:11P Weld County, CO 3 of 13 R 0.00 D 0.00 Steve Moreno Clerk& Recorder X:\PROJECTS BY CLIENT\ASPHALT PAVING\04021-WATTENBERG WEST\PHASE HI-SUBMITTAL THROUGH APPROVALO0I-LOCAL REFERRAL-HEARING PROCESS\WORK PRODUCT\04021-IMPROVEMENTSAGREE-PRIVATE- 042407.DOC 7.0 General Requirements for Collateral: 7.1 The improvements shall be completed prior to any hauling into or off of the site and in any case no later than five (5)years from the date of this agreement. 7.2. The collateral amount may be adjusted annually to reflect increases in cost based on the "Consumer Price Index (CPI) for the Urban Consumers. Boulder-Denver- Greeley-All Items"as published by the Federal Bureau of Labor Statistics. 7.3 Weld County shall have the authority to require such increases in the collateral amount. 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. 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 a improvement item exceed the cost estimate in the Improvements Agreement • 0 (i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the cc Letter of Credit will sign the Improvements Agreement acknowledging the =o ea agreement and its cost estimates. -VY = o co 8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total mom 0 Letter of Credit amount cannot be drawn upon and will remain available to dg Weld County until released by Weld County. __a 1O 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 —eJo o final fifteen percent(15%),or one year from the date of Final Plat approval, ANC whichever occurs first. Said letter shall stipulate that, in any event, the -OO —o =COO -- 4 2 X:\PROJECTS BY CLIENTWSPHALT PAVING\04021-WATTENBERG WEST\PHASE III-SUBMITTAL THROUGH co in r APPROVAL\301-LOCAL REFERRAL-HEARING PROCESS\WORK PRODUCT\04021-IMPROVEMENTSAGREE-PRIVATE- -ao 042407.DOC 1- —cov 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: 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. ANNE VIII IIIIII III' 111111 11111 Unit I11I11111 IIII 3515858 11/06/2007 03:11P Weld County, CO 5 of 13 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 5 X:WROJECTS BY CLIENT\ASPHALT PAVING\04021-WATTENBERG WEST\PHASE III-SUBMITTAL THROUGH APPROVAL\301-LOCAL REFERRAL-HEARING PROCESS\WORK PRODUCT\04021-IMPROVEMENTSAGREE-PRIVATE- 042407.DOC 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. 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. 11111 11111 MIEN IIll 111111 III 111111111101 3515858 11/06/2007 03:11P Weld County, CO 6 of 13 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 6 X:\PROJECTS BY CLIENT\ASPHALT PAVING\04021-WATTENBERG WEST\PHASE III-SUBMITTAL THROUGH APPROVAL\301-LOCAL REFERRAL-HEARING PROCESS\WORK PRODUCT\04021-IMPROVEMENTSAGREE-PRIVATE- 042407.DOC 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. 1 111111 11111 1111111 111111 11111 111111 I I 11111111111111 3515858 11/06/2007 03:11P Weld County, CO 7 of 13 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 7 X:\PROJECTS BY CLIENT'ASPHALT PAVING\04021-WATTENBERG WEST\PHASE III-SUBMITTAL THROUGH APPROVAL\301-LOCAL REFERRAL-HEARING PROCESS\WORK PRODUCT\04021-IMPROVEMENTSAGREE-PRIVATE- 042407.DOC IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year first above written. ASPHALT PAVING COMPANY By: TITLE: S/ Subscribed and sworn to before me this /13 day of Aukt4 S 'f , 2007. ED My Commission expires: 1.6O •; Notary Publi • 1,-'1/C"1 • OF COLD � �•^ ,� My Commission Expires 07/24/2009 ATTEST: n � '[/v�� BOARD OF COUNTY COMMISSIONERS ivAy/ . ` ELD COUNTY, COLORADO Weld County 2�d Clerk to the . � ; ct{ 'I• I1 ,,,`l I ) 1\---; A` i am H. Jerke, Pro—TeOCT 0 8 2007 99 l ii� I�/jl/!' De ty Cle to the Board ♦ n r►� APPROVED AS TO FORM: County Attorney 1111111 111111111111111111111 1111111111111111111 I I 3515858 11/06/2007 03:11P Weld County, CO 8 of 13 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 8 X:\PROJECTS BY CLIENT\ASPHALT PAVING\04021-WATTENBERG WEST\PHASE III-SUBMITTAL THROUGH APPROVAL\301-LOCAL REFERRAL-HEARING PROCESS\WORK PRODUCT\04021-IMPROVEMENTSAGREE-PRIVATE- 042407.DOC a0o2- 3/6/ EXHIBIT AA@ Name of Subdivision or Planned Unit Development: Wattenberg West Sand and Gravel Mine Filing: USR- 1533 Location: WCR 6 and WCR 23 1/2 Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply) Improvements Quantity Units Unit Estimated Costs Construction Cost Site grading 588 CUYDS $15 $8,820 Street grading 800 SQYDS $2 $1,600 Street base 430 TONS $14 $6,020 Street paving 360 TONS $65.20 $23,472 Culverts 100 FT $70.00 $7,000 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 storage Water Mains(includes bore) Fire hydrants Survey and street monuments and boxes Street lighting Street Names - d Fencing requirements 9 Landscaping $45,981 Pa ig Park improvements ocet Road culvert cl t Grass lined swale -c Telephone 2 Gas -o c Electric Water transfer SUB-TOTAL: $92,893 a .,_y o o Engineering and Supervision Costs$ Included in above pricing o -No (Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual -0 o construction by contractors) -1-o •mm_ °C TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 92,893 co O) MCC 9 0 - rn X:\PROJECTS BY CLIENTWSPHALT PAVING\04021-WATTENBERG WEST\PHASE III-SUBMITTAL THROUGH APPROVAL\301-LOCAL REFERRAL-HEARING PROCESS\WORK PRODUCT\04021-IMPROVEMENTSAGREE-PRIVATE- 042407.DOC Exhibit A-1 Watten berg West USR - 1533 On-site (private) Improvements Cost Estimate Item Description Size Quantity Unit Cost Total Cost Canopy Trees (Decidious) 1-1/2" cal. 54 $450 $24,300 Evergreen Trees 6' 13 $400 $5,200 Evergreen Trees 10' 16 $400 $6,400 Deciduous Shrubs 5 gal. 54 $60 $3,240 Identification Sign 64 SF 1 sign $25/SF $1,600 Bark Mulch 4" deep 274 S.Y $6.24/S.Y $1,710 Total= $42,450 1111111 11111 111111 'ICED 11111 inn HMI III IIII 3515858 11/06/2007 03:11P Weld County, CO 10 of 13 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 impro ements shall be co ple d according to the construction schedule set out in Exhibit AB.@ By: ` 3-�C�reT`� Date: �e�q� � , 20 07 . Title / !J (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) 111111 IIE 111111 IIII 11111111111111111 III 111111 III Jill 3515858 11/06/2007 03:11P Weld County, CO 11 of 13 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 10 X:\PROJECTS BY CLIENT\ASPHALT PAVING\04021-WATTENBERG WEST\PHASE III-SUBMITTAL THROUGH APPROVAL\301-LOCAL REFERRAL-HEARING PROCESS\WORK PRODUCT\04021-IMPROVEMENTSAGREE-PRIVATE- 042407.DOC EXHIBIT AB@ Name of Subdivision or Planned Unit Development: Wattenberg West Sand and Gravel Mine Filing: USR- 1533 Location: WCR 6 and WCR 23 1/2 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 AA@ shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading Note: All Improvements shall be completed in the time frames described in Street base this agreement 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 storage Water mains Fire hydrants Survey and street monuments and boxes v Street lighting wia8 Street name signs - cc Fencing requirements -2 Y Landscaping C-2 -a Park improvements -Zra = o o Road culvert 8 a Grass lined swale g Telephone Gas _ Kati Electric -moo Water Transfer — o ra c SUB-TOTAL: -NO -(C =tc II co r X:\PROJECTS BY CLIENT\ASPHALT PAVING\04021-WATTENBERG WEST\PHASE III-SUBMITTAL THROUGH APPROVAL\301-LOCAL REFERRAL-HEARING PROCESS\WORK PRODUCT\04021-IMPROVEMENTSAGREE-PRIVATE- IO 0 042407.DOC --ION _OJT 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. °;nt ti to p- • 4.- Ad 4i. _Diet Ce_I-6-O� Date:Lt f3 , 20�fg_. Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 111111111111111111 M 11111111111111111 III HIII III IIII 3515858 11/06/2007 03:11P Weld County, CO 13 of 13 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 12 X:\PROJECTS BY CLIENT\ASPHALT PAVING\04021-WATTENBERG WEST\PHASE III-SUBMITTAL THROUGH APPROVALU01-LOCAL REFERRAL-HEARING PROCESS\WORK PRODUCT\04021-IMPROVEMENTSAGREE-PRIVATE- 042407.DOC Colorado Business Bank COBIz Financial IRREVOCABLE LETTER OF CREDIT NO. 1355 August 10,2007 821 17th 5t. Denver,CO 80202 cobizban k.corn Weld County Board of Commissioners AT'lN:Clerk to the Board P.O. Box 758 Greeley,CO 80632 RE: Asphalt Paving Co. 14802 W.44th Ave. Golden,CO 80403 Dear Sir or Madame: We hereby open our Irrevocable Letter of Credit in your favor for the account of Asphalt Paving Co., 14802 W.44th Ave.,Golden,CO 80403,for a sum not to exceed the aggregate of Ninety-two Thousand Eight Hundred Ninety- three and no/100($92,893.00)US Dollars. Each draft so drawn must be marked"Drawn under COLORADO BUSINESS BANK,Attn: Loan Operations,3r° Floor,821 17th St.,Denver,CO 80202,Letter of Credit No.1355 and be accompanied by a"signed statement from the Board of County Commissioners of Weld County,Colorado stating that Asphalt Paving Co.has committed a material breach of the Improvements Agreement According to Policy Regarding collateral for Improvements regarding Private Road Maintenance dated the day of ,2 by and between Asphalt Paving Co.and the Board of County Commissioners of the County of Weld." This credit is subject,so far as applicable,to"The Uniform Customs and Practice for Documentary Credits, 1993 Revision,The International Chamber of Commerce Publication No.500." We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit will be duly honored and presented for payment to our main office,COLORADO BUSINESS BANK,Attn: Loan Operations, 3i°Floor,821 17th St.,Denver,CO 80202. This letter of credit will expire on August 10,2007 at 3:00 p.m. Mountain Time. This letter of credit is automatically extended without amendment,for additional one year periods from the current expiration or any future expiration date unless 60 days prior to such current expiration date COLORADO BUSINESS BANK notifies beneficiary in writing that the letter of credit will not be renewed. This letter of credit will have a full and final maturity date of September 30,2012. In the case you receive such a notification,you may draw by presentation of the following:(a)a draft at sight on COLORADO BUSINESS BANK(b)a statement purportedly signed by an official of the Board of County Commissioners of Weld County,Colorado stating that we have received notice from COLORADO BUSINESS BANK the Letter of Credit No. 1355 will not be renewed and that Asphalt Paving Co.has failed to provide proof of adequate collateral and substitution of this Letter of Credit No. 1355;(c)copy of letter from COLORADO BUSINESS BANK non-renewal of Letter of Credit No.1355 and the original letter of credit. delt4al Yoourrsst Jeff Laird Vice President 4 ( { § § ) 0.0 A ° C tt IA t cu o ) wl E \ = 3 a . \ a _ } \ § 0 H. C ] § } § $ § ) , \ 2f •• E. t ( f \ k } \ 0. / / } gSC . •• u \ § / 2 f }\ , § / } k F- © \ § / ] Be, ° \k} j E- ›* © \ 4 , { § ( \ ( / \\ � ) j \ ! Q \ \ ( / j ) 2 } \ } \ / ( / 2 E. \ \ tri;;Ns\ CLERK TO THE BOARD PHONE(970)336-7215, Ext.4225 FAX: (970)352-0242 P. O. BOX 758 GREELEY,COLORADO 80632 C. COLORADO June 17, 2009 COLORADO BUSINESS BANK ATTN; LOAN OPERATIONS, 3RD FLOOR 821 17TH STREET DENVER, COLORADO 80202 RE: Letter of Credit#1355 for Asphalt Paving Company Ladies and Gentlemen: This letter shall act as a reminder of your obligations to the Board of County Commissioners of Weld County under the above-referenced Letter of Credit. As you are aware, on the 10th day of August, 2007, Colorado Business Bank issued a Letter of Credit on behalf of Asphalt Paving Company naming the Board of County Commissioners of Weld County, Colorado as beneficiary. The dollar amount of the Letter of Credit was established at Ninety-two Thousand Eight Hundred Ninety-three and no/100 ($92,893.00). The terms of the Letter of Credit require that it be maintained by your institution until the 30th day of September, 2012, with auto renewal unless 60 days notice is provided. If you believe that the Letter of Credit expires prior to that date, please contact me immediately, as you are required under the terms of the Letter of Credit to replace it. If you have any questions regarding this letter or your obligations under the Letter of Credit, or if you disagree with any of the statements contained herein, please call Donna Bechler, at 970-356-4000, ext. 4227. Very trtrulyy/yoouurs, 44 Attattittej Donald D. 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