HomeMy WebLinkAbout20070650.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERALFOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE
CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR SECOND AMENDED USE BY
SPECIAL REVIEW #726 - RCJC, LLC
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 January 31, 2007, the Board of County Commissioners approved Second
Amended Use by Special Review#726,for Ralph Nix Produce, Inc., 16885 Weld County Road 44,
LaSalle, Colorado 80645, for an onion storage and processing facility, lawn mower warehouse,
fencing manufacturing facility,offices,warehousing and transfer facilities; oil and gas support and
service operations facilities;and Agricultural service establishments primarily engaged in performing
agricultural animal husbandry or horticultural services on a fee or contract basis(sorting,grading,
and packing fruits and vegetables; crop dusting or spraying operations facilities; grain and feed
sales; seed production, processing, storage, mixing, blending, and sales; and farm equipment
sales, repair, and installation facilities) on the following described real estate, to-wit:
Lot A of Recorded Exemption#850; being part of the
SE1/4 of Section 14, Township 4 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 the current property owner, RCJC, LLC, 3907 14th
Street Southwest, Loveland, Colorado 80537, with terms and conditions being as stated in said
agreement, and
WHEREAS,the Board has been presented with check#2772 from McCrimmon Alliance
Company, LLC, in the amount of $605.00 and check #00419366 from Security Title Guaranty
Company, 383 West 37th Street,Suite 104, Loveland,Colorado 80538,in the amount of$12,100.00,
for a total of$12,705.00, and
WHEREAS,after review, the Board deems it advisable to approve said agreement and
accept said checks as stated above, copies of which are attached hereto and incorporated herein
by reference.
2007-0650
PL0032
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IMPROVEMENTS AGREEMENT- RCJC, LLC
PAGE 2
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the Improvements AgreementAccording 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 RCJC, LLC, be, and hereby is,
approved.
BE IT FURTHER RESOLVED that check#2772 from McCrimmon Alliance Company, LLC,
in the amount of$605.00, and check#00419366 from Security Title Guaranty Company, in the
amount of$12,100.00, for a total of$12,705.00, be and hereby are, accepted.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 14th day of March, A.D., 2007.
B OF COUNTY COMMISSIONERS
W D OU TY, CO RADO
ATTEST: gtillI��j, l 147 A
vid E. Long, Chair
Weld County Clerk to the B
USED
•
is - . : e, pro-Tem
BY: ., -.
Deputy Cler*to the Boar`s N
m F. Garcia
AP D AS
Robert D. asde
•
ounty Attorney ,., �Q,,
Douglas'd er
Date of signature: ?PO 7
2007-0650
PL0032
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9j
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR PRIVATE IMPROVEMENTS
THIS AGREEMENT,made and entered into this `Z day of it. L% - ,20 77,by and between
the County of Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter called
"County,"and RCmC, LLC 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:
rd Amended USR#726 legally described as Lot A of Recorded Exemption#850;being pan ofthe SE'/.of section 14,
Township 4 North,Range 66 West of the 6th P.N., Weld County, Colorado.
WHEREAS,a Site Specific Development Plan and Second Amended Use By Special Review Permit#726
plat of said property,to be known as rd Amended USR#726 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 connection
with the design and construction of the Subdivision or Planned Unit Development improvements listed on
Exhibit "A,"which is attached hereto and incorporated herein by 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.
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1.2 The required engineering services shall consist of,but not be limited to,surveys,designs,plans
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and profiles,estimates,construction supervision,and the submission of necessary documents to
,d the County.
ass 41) 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 construction contract.
_,o ;u 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
N y upon,Applicant shall acquire,at its own expense,good and sufficient rights-of-way and easements on all
airm
o lands and facilities traversed by the proposed improvements.
a a 3.0 Construction: Applicant shall furnish and install,at its own expense,the Subdivision or Planned Unit
oo Development improvements listed on Exhibit"A,"which is attached hereto and incorporated herein by
w reference,according to the construction schedule set out in Exhibit"B"which is also attached hereto and
oo incorporated herein by reference.
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as 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the
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irno r",�` County and the specifications adopted by the County for such public improvements. Whenever
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2007-0650
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a Subdivision or Planned Unit Development is proposed within three miles of an incorporated
community located in Weld County or located in any adjacent county,the Applicant shall be
required to install improvements in accordance with the requirements and standards that would
exist if the plat were developed within the corporate limits of that community. If the
incorporated community has not adopted such requirements and standards at the time the
Subdivision or Planned Unit Development is proposed,the requirements and standards of the
County shall be adhered to. If both the incorporated community and the County have
requirements and standards,those requirements and standards that are more restrictive shall
apply.
3.2 Applicant shall employ,at its own expense,a qualified testing company previously approved by
the County to perform all testing of materials or construction that is required by the County;
and shall furnish copies of test results to the County.
3.3 At all times during said construction,the County shall have the right to test and inspect,or to
require testing and inspection of material and work at Applicant's expense. Any material or
work not conforming to the approved plans and specifications shall be removed and replaced to
the satisfaction of the County at Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of
sanitary sewer or septic systems,water,gas,electric and telephone services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed,according to
the terms of this Agreement,within the construction schedule appearing in Exhibit "B." The
Board of County Commissioners,at its option,may grant an extension of the time of completion
shown on Exhibit "B" upon application by the Applicant subject to the terms of Section 6
herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability
loss and damage County may suffer as a result of all suits, actions or claims of every nature and
description caused by,arising from,or on account of said design and construction of improvements,and
pay any and all judgments rendered against the County on account of any such suit, 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"B,"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 "B,"
and may continue to issue building permits so long as the progress of work on the Subdivision or
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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.
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 applicant(s) requests that this Agreement be renewed at least thirty(30)
days prior to its expiration and further provides that cost estimates for the remaining improvements
are updated and collateral is provided in the amount of One-Hundred percent(100%)of the value
of the improvements remaining to be completed. If improvements are not completed and the
agreement not renewed within these time frames, the County, at its discretion, may make
demand on all or a portion 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 "A" and "B."
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County
subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form
approved by Weld County. The Letter of Credit shall state at least the following:
8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred percent(100%)
of the total value of the improvements as set forth in Section 6.0 and Exhibits"A"and
"B."
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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 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:
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
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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.
8.33 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.
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.
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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,maybe
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.
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IN WITNESS WHEREOF,the parties hereto have caused this Agreement to e executed on the day and
year first above written.
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APPLICANT: (
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APPLICANT:
TITLE:
swvisitteatasvvorn to before me thisc Say of R,t eLe ,20 D7
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My Commission expires: c/ ai
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ATTEST: /t x I If BOARD OF COUNTY COMMISSIONERS
W D COUNTY,COLORADO
Weld County Clerk to the Bo 451 }
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I = tqb David E. Long , hair
` ° 03/14/2007
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BY: yi
De ty Cler o the oard
APPROVED AS TO FORM: (� ome( Q (A t
ounty Attorney U
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a?CC'>- SO
EXHIBIT "A"
Name of Subdivision
or Planned Unit Development: SPEICAL REVIEW PERMIT#726
Location: Lot A of Recorded Exemption#850;being part of the SE%of section 14,Township 4 North,Range 66
West of the 6th P.N.,Weld County,Colorado.
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or
Planned Unit Development the following improvements. (Leave spaces blank where they do not apply)
Improvements Ouantity Units Unit Estimated Construction
Costs Cost
Site grading N/A
Street grading N/A
Street base N/A
Street paving N/A
Curbs,gutters,and culverts N/A
Sidewalk N/A
Storm sewer facilities N/A
Retention ponds 1 Lump Sum 1,600.00
Ditch Improvements N/A
Subsurface drainage N/A
Sanitary sewers N/A
Trunk and forced lines N/A
Mains N/A
Laterals(house connected) N/A
On-site sewage facilities N/A
On-site water supply and storage N/A
Water Mains(includes bore) N/A
Fire hydrants N/A
Survey and street monuments and boxes N/A
Street lighting N/A
Street Names N/A
Fencing requirements N/A
Landscaping 1 Lump Sum $10,000.00
Park improvements N/A
Road culvert N/A
Grass lined swale N/A
Telephone N/A
Gas N/A
Electric N/A
Water transfer N/A
SUB-TOTAL:
Engineering and Supervision Costs$500.00
(Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION$ 12, 100.00
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The above improvements shall be constructed in accordance with all County requirements and specifications,and
conforma i ce with this •rovision shall be determined solely by Weld County,or its duly authorized agent.
Said i pr / e 11 be ecti pleted according to the construction schedule set out in Exhibit "B."
By: -S4&4 -
Applic nt
Date: ,20
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
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EXHIBIT "B"
Name of Subdivision
or Planned Unit Development: SPECIAL REVIEW PERMIT#726
Location:Lot A of Recorded Exemption#850;being part of the SE'/of section 14,Township 4 North,Range 66
West of the 61'P.N.,Weld County,Colorado.
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or
Planned Unit Development the following improvements.
All improvements shall be completed within 1 year from the date of approval of the final plat.Construction of the
improvements listed in Exhibit "A" shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading
Street base
Street paving
Curbs,gutters,and culverts
Sidewalk
Storm sewer facilities
Retention ponds 1 Week
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
Street lighting
Street name signs
Fencing requirements
Landscaping 3 Weeks
Park improvements
Road culvert 1 Week(remove and relocate new)
Grass lined swale
Telephone
Gas
Electric
Water Transfer
SUB-TOTAL: 5 Weeks
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The County,at its option,and upon the request of the Applicant,may grant an extension of time for completion
for any particular improv ents shown above,upon a showing by the Applicant that the above schedule cannot
be met.
By:
licantZtieVieeC
ppli- nt
Date: ,20
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
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MEMORANDUM
DATO: Board of County Commissioners
COLORADO
FROM: Brad Mueller, Planning Services
SUBJECT: Acceptance of Collateral for 2n°AmUSR-726
On February 28, 2007, the Department of Planning Services received collateral in the form of a
Cash Deposit in the amount of$12,705.00) for 2n°AmUSR-726 (Ralph Nix Produce, Inc.).
Collateral covered the following items:
Retention Ponds estimate $ 1,600.00
Landscaping estimate $ 10,000.00
Engineering and Supervision Costs estimate $ 500.00
5% Contingency estimate $ 605.00
Total Estimated Cost of Improvements and supervision $ 12,705.00
The improvements agreement and collateral has been reviewed by the Departments of Planning
Services and Public Works and it has been determined that the amount of collateral is sufficient
to cover the proposed improvements. (See attached letter from Public Works.) The
Departments of Planning Services and Public Works recommend acceptance of this collateral.
Ownership of the property has been transferred since Board approval of the proposal; the new
owners are RCFC, LLC. (See attached Warranty Deed.) Two checks were provided for the
total surety amount; at the time the surety is to to released, the total amount should be
distributed to RCFC, LLC, at the following address:
RCJC,LLC.
Attn: Shelley McCrimmon
3907 14th Street SW
Loveland, Co. 80537
Again, staff recommends approval of the Improvements Agreements and collateral.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
MEMORANDUM
TO: Brad Mueller, Planning Services DATE: 2/27/2007
FROM: Donald Carroll, Engineering Administrator
SUBJECT: 2ndAmUSR-726, Ralph Nix Produce
This is a follow-up of the memo dated 2/23/2007 reminding the applicant of the outstanding invoice for storm
water drainage review in the amount of$180 that was due.
We have received a check for that amount for 2ndAmUSR-726. This meets the requirements.
pc: 2ndAmUSR-726 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Reviev 2ndAmUSR-726-C.DOC
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WARRANTY DEED
THIS DEED,Made this 23rd day of February,2007 between
Ralph Nix Produce,Inc.,A Colorado Corporation
of the City and County of Weld,State of Colorado,grantor and
RCJC,LLC,a Colorado limited liability company
whose legal address is:3966 14th Street SW,Loveland,Co 80537,
of the City and County of Weld,State of Colorado,grantee:
WITNESSETH,That the grantor for and in consideration of the sum of One Million Two Hundred Thousand Dollars and
NO/100's($1,200,000.00)the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and
conveyed,and by these presents does grant,bargain,sell,convey and confirm,unto the grantee,his heirs and assigns forever,
all the real property together with improvements,if any,situate,lying and being in the City and County of Weld,and State of
COLORADO,described as follows:
Lot A of Recorded Exemption No. 1057-14-4-RE 850,recorded April 25, 1986 in Book 1110 at Reception
No.2051240,being a part of the Southeast Quarter of Section 14,Township 4 North,Range 66 West of the 6th
P.M.,
County of Weld,
State of Colorado,
also known by street and number as 16959 WCR 44 and 16885 WCR 44,LaSalle,CO 80645
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining,and
the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest,
claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises,with the
hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,his
heirs and assigns forever. And the grantor,for himself,his heirs,and personal representatives,does covenant,grant,bargain
and agree to and with the grantee,his heirs and assigns,that at the time of the ensealing and delivery of these presents,he is
well seized of the premises above conveyed,has good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in
fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form
as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments,
encumbrances and restrictions of whatever kind or nature soever,except all taxes and assessments for the current year,a lien
but not yet due or payable,and those specific Exceptions described by reference to recorded documents as reflected in the Title
Documents accepted by Buyer in accordance with section Se"Title Review",of the contract dated April 3,2006,between the
parties.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable
possession of the grantee his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part
thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to
all genders.
IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
SEL ER:
R ph leiixProd ce Inc.,a Colo u o Carpo [ion
y:den W.Nix,Prrs cut
STATE OF COLORADO
COUNTY OF Weld -
The foregoing instrument was acknowledged before me this 23rd day of February,2007 by Jerry W.Nix,President of Ralph
Nie Produce,Inc.,A Colorado Corporation AA
C.� L
ary Public
Witness my hand and official seal.
My Commission expires:7/21/10 t'A rA
(9,N,
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\VDPHUT0 Security Title
Warranty Deed(For Photographic Record)updated I/2006 File No.S0131632
Wein County Planning Department
GREELEY OFFICE
rs
MEMORANDU t- B2WW
CEV
ip
C TO: Brad Mueller, Planning Services DATE: 2/23/2007
FROM: Donald Carroll, Engineering Administrator et
•
COLORADO SUBJECT: 2ndAmUSR-726, Ralph Nix Produce
As a part of the resolution, Item No. 1C(7), the applicant shall enlarge and deepen the retention
pond area by 10,000 cubic yards. The applicant has identified that item in the Exhibit A portion
of the Improvements Agreement as a lump sum item. The estimated costs appear to be
adequate to accomplish this requirement.
The Weld County Public Works Department recommends acceptance of this item. The original
Improvements Agreement needs to be dated and signed prior to scheduling. All other non-
transportation items should be identified by Planning Services prior to scheduling.
There is still an outstanding invoice for the storm water drainage review in the amount of $180.
Please make the check payable to the Weld County Public Works Department.
pc: 2ndAmUSR-726
M:\PLANNING—DEVELOPMENT REVIEW\USR-Use by Special Review\2ndAmUSR-726.DOC
INVOICE PUBLIC WORKS DEVELOPMENT REVIEW FEES
WELD COUNTY PUBLIC WORKS DEPARTMENT
P.O. BOX 758
GREELEY,CO 80632
Date 8/24/06 970-356-4000, EXT.3750
APPLICANT
Applicant/Owner Nix Produce
c/o Tiffany Johnson, Landmark Engineering 3521 W. Eisenhower Blvd., Loveland CO 80537
Street Address 16885 CR 44
City Gilcrest State CO Zip 80623 Phone Number 284-6032 Fax Number
Case# 2"d AmUSR-726 Subdivision/Case Name County Roads 35/44
Lot Section Township Range # Proposed Lots
'FEE SCHEDULE
QTY DESCRIPTION UNIT PRICE TOTAL
Development Construction Permit(Subdivisions)
0 Dwelling units ., $150/lot
0 Non-Dwelling Units $750/lot
Offsite Road Agreement/Haul Route Agreement Review $500
Flood Hazard Development Permit $180
Storm Water Review
$180 180.00
Geologic Hazard Permit $180
Non-exclusive License Agreement $100
Fabrication and Installation of Cross Road Signs(Blue&white) $150
TOTAL DUE 180.00
Pc: Dave Bauer
M\PLANNING-DEVELOPMENT REVIEINPORMS\INVOICE-Review Fees(08-Aug-2006)doc
W.• 'NING -THIS CHECK IS "•TECTE• 'V S•ECI•L SECU'ITY FE•TU'ES
WELLS FARGO BANK WEST,N A. CHECK NO. 00419366
Security Title Guaranty Co. F o b.
� oENyeR co 80274 •
383 W.37th Street,Ste 104 23.7"020 fl636
Loveland,CO 80538 •
(970)663-6600 _:DATE- i, tSCROWN0 i-s % AMOUNT
02/23/2007 'S0132632-381 LJA $12,100.00
PAY TWELVE THOUSAND ONE HUNDRED DOLLARS and no/100
SECURITY TITLE GUARANTY CO
ESCROW TRUSTACCOUNTCO
TO THE WELD COUNTY
°R /7%//��/
DER
OF AU]HORIZED SIGNATURE
VOID AFTER SIX MONTHS
THIS CHECK H•SAN • •TIFICI•L WATE•M• 'K •N THE 'EVE'SE. H•Ll •T •N •NGLE T• VIEW.
II'OO4 L936SII I: 1O2OOOO76i:886 L6468136iii
A•
TELEBANKI�O 6354933 2772
1 McCRIMMON 5t 935 NCLEVECLANDAE
is ALLIANCE COMPANY LLC 82-477/1070 2/28/2007
3919 14TH STREET SW LOVELAND, CO 80537
PAY _
TO THE Weld County $ "605-00 0
ORDER OF
Six Hundred Five and 00/100 DOLLARS -
Weld County
8
MEMO oarzEo SIGNATURE
II.OO277211' !: 1O7OO47761: 8O162O8'i'
Clear Day Page 1 of 1
Donna Bechler
From: Brad Mueller
Sent: Monday, March 12, 2007 9:29 AM
To: Donna Bechler
Subject: RE: RCJC Collateral
Attachments: Collateral accept memo to BCC 2.doc
Donna,
I am inter-office mailing the attachment memo and Warranty Deed for the Ralph Nix (2"dAmUSR-726)
application, which should address everything needed to schedule this with the Board. Let me know, however, if
I'm missing anything.
You should still have the original IA, the 2 checks, and a copy of Public Works' OK letter. Please replace my
original memo with this one, and add the Deed.
Thanks for all the help!
Brad
From: Donna Bechler
Sent: Monday, March 05, 2007 3:34 PM
To: Brad Mueller
Subject: RCJC Collateral
Brad,
We haven't received any more information regarding the name change for RCJC, LLC (Ralph Nix Produce, Inc.)
at this time. When we spoke on Friday, we discussed putting in on Wednesday's agenda. Since the deadline
has passed for the Wednesday agenda, I will just hold it until I receive the rest of the paperwork we need in
order to proceed with the Improvements Agreement.
Thanks,
Donna
3/12/2007
Clear Day Page 1 of 1
Donna Bechler
To: Brad Mueller
Subject: RCJC, LLC/Improvements Agreement
Brad,
Thank you for getting back to me re: the Improvements Agreement and collateral for Ralph Nix Produce, Inc./
RCJC, LLC.
Esther and I just discussed it, and in addition to your memo stating there are new owners, we will also need a
copy of the Deed declaring the new owners, and also information as to how the collateral will need to be
dispersed at the time it is released. We received 2 checks from different companies, and will need to know if the
money should be released back to those companies at the time of release, or if it should be released to RCJC,
LLC.
Could you also give us an address for RCJC, LLC.
Thanks for all you help.
Donna
3/1/2007
Hello