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Home My WebLink About20070266.tiff RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR AMENDED PLANNED UNIT DEVELOPMENT ZONE DISTRICT, AMPZ#1004 - LIFEBRIDGE CHRISTIAN CHURCH 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 9, 2003, the Board of County Commissioners approved Change of Zone, PZ#1004, and WHEREAS, on November 9, 2005, the Board of County Commissioners approved the request of LifeBridge Christian Church, 10345 Ute Highway, Longmont, Colorado 80504, for a Change of Designated Zone Districts, AMPZ #1004, for LifeBridge PUD with E (Estate), R-1 (Low-Density Residential), R-2 (Duplex Residential), R-3 (Medium-Density Residential), R-4 (High-Density Residential), C-1 (Neighborhood Commercial) and C-2 (General Commercial) uses, and continued oil and gas production on the following described real estate, to-wit: Lot B of Recorded Exemption #1389, and part of Section 5, Township 2 North, Range 68 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 (Public Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,and Lifebridge Christian Church,with terms and conditions being as stated in said agreement, and WHEREAS,the Board has been presented with Irrevocable Standby Letter of Credit#6012 from Centennial Bank of the West, 4650 Royal Vista Circle, Fort Collins, Colorado 80528, in the amount of$2,058,119.22, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Irrevocable Standby Letter of Credit as stated above, copies of which are attached hereto and incorporated herein by reference. 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(Public Road Maintenance)between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Lifebridge Christian Church, be, and hereby is, approved. 2007-0266 PL1655 00 PL, AL, fVA— pica— la—c7 IMPROVEMENTS AGREEMENT - LIFEBRIDGE CHRISTIAN CHURCH PAGE 2 BE IT FURTHER RESOLVED that Irrevocable Standby Letter of Credit #6012 from Centennial Bank of the West,4650 Royal Vista Circle, Fort Collins, Colorado 80528, in the amount of$2,058,119.22, be and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded,adopted by the following vote on the 29th day of January, A.D., 2007. BO - . OF COUNTY COMMISSIONERS W D O�f�},T��DO �� VV11 ATTEST: /t�'l/l/ A �� I • s� �, E. Long, Chair S6 Weld County Clerk to the Board ) Jerk-, Pr -Tem BY: Deputy Clerk to the Board Will . Garcia APP D AS TO F EXCUSED obert D Masdenn my Attorney Douglas adem er Date of signature: a -l O 7 2007-0266 PL1655 rj_._ 0 ,t MEMORANDUM ERICTO: Clerk to the Board DATE: 1/17/2007 COLORADO FROM: Drew Scheltinga, P.E., County Engineer SUBJECT: Agenda Item Improvements Agreement According to Policy Regarding Collateral for Improvements(Public Road Maintenance)with LifeBridge Christian Church for WCR 26 and WCR 3.5. Three original,duplicate documents are attached. Please send two originals to Public Works. M:\Francie\Agenda Item.doc 2007-0266 0 0 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) THIS AGREEMENT, made and entered into this '1/±--clay of r///8j , 2007,by and between the County of Weld, State of Colorado, acting through its Board of Coy Commissioners, hereinafter called "County," and LifeBridge Christian Church, a non-profit Colorado corporation, hereinafter called"Applicant." WITNESSETH: WHEREAS, Applicant has agreed to re-align and re-construct portions of public roads ("Public Improvements"), to be owned and maintained by Weld County, known as Weld County Road 26 ("CR 26") and Weld County Road 3-`/z ("CR 3.5"), as more particularly depicted on Exhibit A-1 ("Vicinity Map"); and WHEREAS, Applicant has agreed to construct a new road, with associated railroad crossing appurtenances ("Public Improvements"), extending Fairview Street to CR 26 for the public benefit for the overall area surrounding the proposed railroad crossing of Fairview Street, as more particularly depicted on Exhibit A("Vicinity Map"); and WHEREAS, the Public Improvements are generally defined as follows: the southern 1/2 street section of CR 26 from Fairview Street to Weld County Road 5 ("CR 5"); a ' street section of Fairview Street from its current northern terminus to CR 26; and the full street section of CR 3.5 from Colorado State Highway 119 to the intersection of CR 26 and CR 5, granting the possibility that the extent of the street section for said portion of CR 3.5 and CR 26 may be reduced during the execution of the following Section 1 of this agreement; and 'WHEREAS, this Improvements Agreement is entered into between the Parties guaranteeing the construction of the Public Improvements. NOW, THEREFORE, IN CONSIDERATION OF the foregoing the parties hereto promise, covenant and agree as follows: 1. ENGINEERING SERVICES. Applicant shall furnish, at its own expense, all engineering services in connection with the design and construction of the initial phase ("Phase ') of the Public Improvements. 1.1. The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2. The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3. Applicant shall furnish drawings and cost estimates for the Public Improvements for approval prior to the letting of any construction contract. Before acceptance of the road, Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the County. 111111111111 11111 111111 11111 IIII IIIIIII HIM IIII IIII 3453286 02/06/2007 10:37A Weld County, CO 1 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 1 . X't 2-0-Q46 2. 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 Public Improvements. All such rights- of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3. CONSTRUCTION. Applicant shall furnish and install, at its own expense, the improvements identified during the performance of the Engineering Services as described in Section 1 of this agreement. These improvements are generally described as the extension of Fairview Street north to WCR 26, the realignment of WCR 26 from Fairview Street east to WCR 5 and the realignment of WCR 3.5 from SH 119 to WCR 5 as shown on Exhibit A-1. All road improvements are initially contemplated as two-lane, paved road improvements to be widened when the Applicant's future phases of development are initiated. 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. 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. Said improvements shall be completed, according to the terms of this Agreement, within one year from the start of construction of said improvements. The Department of Public Works may, grant extensions to the schedule for events beyond the control of the Applicant. 4. 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 the Public 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 Public 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. Applicant's obligations under this Section 4.0 shall terminate upon the County's acceptance of the Public Improvements in accordance with the terms of Section 6.0 below. 5. OFF-SITE IMPROVEMENTS REIMBURSEMENT PROCEDURE. Applicant may be reimbursed for, and is hereby eligible for reimbursement o1 the costs associated with the construction and installation of all Public Improvements. Such reimbursement may be paid from the County or adjacent property owners as provided in this Section 5 and the Weld County Code 1 111111 1111 111111111111111111 1111111 I I 1111111111 I I I! 2 . 3453286 02/06/2007 10:37A Weld County, CO 2 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder existing at the time of construction. 5.1. The parties hereto agree and acknowledge that the traffic study entitled, "The LifeBridge Project PUD Traffic Impact Study," prepared by Matthew Delich, PE, dated January 2005, indicates that a two-lane cross section for WCR 3.5 is adequate to accommodate future volumes of traffic. However, it is the desire of the County that WCR 3.5 have a four-lane cross section, plus auxiliary lanes where appropriate. The parties hereto agree that this road will be constructed in phases as the LifeBridge PUD develops. 5.2. Applicant and County shall enter into an off-site improvements reimbursement agreement substantially in form attached hereto as Exhibit B (the "Off-Site Improvements Reimbursement Agreement"), prior to beginning construction of the Public Improvements Notwithstanding anything contained herein to the contrary, the Off-Site Improvements Reimbursement Agreement shall contain the following: 5.2.1 The legal description of the real property to be served by the Public Improvements; 5.2.2 The name of the owner(s) of the real property to be served by the Public Improvements; 5.2.3 A detailed description of the Public Improvements to be completed by Applicant; 5.2.4 The total estimated cost of constructing the Public Improvements; 5.2.5 An estimate of the total vehicular trips to be generated at build-out by Applicant's subdivision, re-subdivision, or planned unit development, as set forth in the report entitled "Trip Generation (Third Edition, 1982)," published by the Institute of Transportation Engineers (the "ITE Trip Generation Manual"), or by a separate special study approved by the County; 5.2.6 A time-line for completion of the Public Improvements; 5.2.7 The terms of and conditions for reimbursement to Applicant of the costs associated with constructing the Public Improvements; 5.2.8 The current address of Applicant for reimbursement purposes; and 5.2.9 Any such Off-Site Improvements Reimbursement Agreement shall be consistent with the County policy on collateral for improvements. 5.3. If Applicant fails to comply with the terms of the Off-Site Improvements Reimbursement Agreement, Applicant's opportunity to obtain reimbursement under this section shall be forfeited. 111111111111 VIII 111111 11111 IIII LIED 11111 JIll 1111 3453286 02/06/2007 10:37A Weld County, CO 3 of 11 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 5.4. When it is determined by the Board of County Commissioners that vehicular traffic from a new Subdivision, Resubdivision, or Planned Unit Development will use any part of the Public Improvements, the subsequent subdivider, applicant, or owner shall reimburse Applicant for a portion of the original construction costs associated with constructing and installing the Public Improvements. In no event shall Applicant collect an amount which exceeds the total cost of the Public Improvements less the pro rata share of the total trip impacts generated by the original development. Evidence that Applicant has been reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the Department of Planning Services prior to recording the new Subdivision, Resubdivision, or Planned Unit Development Final Plat. 5.5. The amount of the Public Improvement costs to be paid by the subsequent subdivider, applicant, or owner of a new Subdivision, Resubdivision, or Planned Unit Development using the Public Improvements will be based upon a pro rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of nonresidential developments intended to use the Public Improvements. The amount of the Public Improvement costs shall also consider inflation as measured by the changes in the Colorado Construction Cost Index used by the Colorado Division of Highways. The cost of road improvements may be paid by cash contribution to Applicant, or by further road improvements which benefit Applicant. This decision shall be at the sole discretion of the Board of County Commissioners based upon the need for further off-site road improvements. 5.6. The report entitled TRIP GENERATION (Third Edition, 1982), of the Institute of Transportation Engineers, shall normally be used for calculating a reasonable pro rata share of the Public Improvements construction costs for all Subdivisions, Resubdivisions, or Planned Unit Developments. A special transportation study shall be used for land uses not listed in the ITE Trip Generation Manual. Any question about the number of trips a Subdivision, Resubdivision, or Planned Unit Development will generate shall be decided by the County Engineer. 5.7. The term for which Applicant is entitled to reimbursement under the Off-Site Improvements Reimbursement Agreement is ten years from the date of execution of a contract for road improvements. 5.8. This provision is not intended to create any cause of action against Weld County or its officers or employees by any subdivider, applicant, or owner for reimbursement, and in no way is Weld County to be considered a guarantor of the monies to be reimbursed by the subsequent subdividers, applicants, or owners. 6. ACCEPTANCE OF STREETS FOR MAINTENANCE BY THE COUNTY: Upon compliance with the following procedures by the Applicant, Fairview, WCR 26 and WCR 3.5 may be accepted by the County as a part of the County road system and will be maintained and repaired by the County. I IIIIII VIII VIII IIIIII VIII IIII IIIIIII III VIII IIII IIII 3453286 02/06/2007 10:37A Weld County, CO 43450 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 4 6.1. If desired by the County, portions of the Public Improvements may be placed in service when completed according to the schedule outlined in section 3.4, but such use and operation shall not constitute an acceptance of said portions. 6.2. Upon completion of the construction of the Public Improvements, the Applicant may request in writing that the County Engineer inspect the Public Improvements and recommend that the Board of County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets, curbs and gutters, and related street improvements. Not sooner than nine months after acceptance for partial maintenance of streets, the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify the Applicant of any deficiencies. The County Engineer shall re-inspect the streets after notification from the Applicant that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend acceptance of the streets for full maintenance. Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of streets within the development, the Board of County Commissioners shall accept said streets as public facilities and County property, and shall be responsible for the full maintenance of said streets including repair. The County defines acceptance of maintenance of WCR 3.5, Fairview and WCR 26 to constitute future maintenance of the asphalt surface; drainage facilities; and concrete curb, gutter and sidewalk. Acceptance of maintenance does not include landscaped medians and/or parkways parallel to the traveled roadway. 7. GENERAL REOUIREMENTS 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 Public Improvements. Prior to Weld County submitting the application for the proposed railroad crossing to the Colorado Public Utilities Commission, the Applicant shall submit acceptable collateral to Weld County. The Public Improvements shall be completed according to the schedule within section 3.4. Notwithstanding the foregoing, the Applicant may request that this Agreement be renewed at least thirty(30) days prior to its expiration provided that cost estimates for the remaining Public Improvements are updated and collateral is provided in the amount of One- Hundred percent(100%) of the value of the Public Improvements to be constructed. If improvements are not completed and this 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. If the County chooses to make demands upon all or a portion of the collateral, the County shall notify the Applicant in writing at least thirty (30) days in advance of making such demands. Without such written notification,the County may not make any demands upon any portion of the collateral. 7.2. The Applicant intends to construct public road improvements in accordance with the items furnished to the County in accordance with Section 1 of this Agreement. The estimated costs of the Public Improvements are as follows: WCR 26/3.5, Fairview Street& RR Crossing $2,058,119.22 (See attached Exhibit B) The costs of the Public Improvements will be adjusted higher or lower based on the items furnished to the County in accordance with Section 1 of this Agreement. In addition, the costs of the Public Improvements will be adjusted higher or lower based on the year and quarter in which the contemplated work is being performed based on"The State Highway Bid Price Index" contained in the"Quarterly Cost AFIREMINDEN LOB III 11111IIIIIIII 3453286 02/06/2007 10:37A Weld County, CO 5 5 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Report" of The Engineering News-Record as published by The McGraw-Hill Companies or actual bids received by the Applicant with copies provided to the County. 8. 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. Letter of Credit. 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 to One-Hundred percent (100%) of the total value of the Public Improvements as set forth in Sections 7.1 and 7.2. 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the Applicant 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 this Agreement. The issuer of the Letter of Credit will sign this 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 the date of release by Weld County of the final fifteen percent (15%). 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. Deeds of Trust. INTENTIONALLY OMITTED 8.3. Escrow Agreement . An 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 this Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for the Public Improvements as specified in this Agreement and for no other purpose and will 11111 11111 11111 111111 11111 IIII 1111111 111 111111111 IIII 6- 345328E 02/06/2007 10:37A Weld County, CO 6 of 1 OR 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 this Agreement, the escrow agent, upon request by the County, shall release any remaining escrowed funds to the County. 8.4. Surety Bond. 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 Public Improvements as specified in this Agreement. 8.5. Cash Deposit. A cash deposit made with the County equivalent to One-Hundred percent (100%) of the value of the Public Improvements. 9. 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 the State of 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 (CDOT) Schedule for minimum materials sampling, testing and inspections found in 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. The requirements in Sections 9 thru 9.4 shall be noted on the fmal construction plans. 9.6. Following the submittal of the Statement of Substantial Compliance and recommendation of acceptance of the streets for partial maintenance 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. 9.7. 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. I IIIIII IIIII IIIII IIIIII IIIII IIII IIIIIII III IIIII IIII IIII 3453286 02/06/2007 10:37A Weld County, CO 7 of 11 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 9.8. The warranty collateral shall be released to the applicant upon final acceptance by the Board of County Commissioners for full maintenance under Section 5.3 herein. 10. 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. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 11111111111111111111111 111111111111111111111111 M 1111 3453286 02/06/2007 10:37A Weld County, CO 8 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder .8..- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. APPLICANT: LifeB stian Church, a non-profit Colorado corporation By: 114'4/4� . ,r,,� Name: 1��`u (a-,on%) Its: 4,4,7Iz<' Si r STATE OF COLORADO ) )ss. n/� COUNTY OF ,`SDUIC.ltor ) ii n The f°regoing instrument was acknowledged before me this "/ tday of 0 'pr j, 2007, by k, V16-1 6 olden as Board President of LifeBridge Christian Church,/a non-profit Colorado corporation. RC@a, Witness my hand and official se 1. vy My commission expires: 'S/, OM 00 Si . 'O), cc Notary Public c/ ri ,C BOARD OF COUNTY COMMISSIONERS WEL UNTY, COLORADO k David E. Long, Chair JAN 2 9 2007 ATTEST: LIMP „A r�/[ Weld County Clerk to the Board f86i �7 � � V---il BY: g �e 7\ J y l , APPROVED AS TO FORM: -',_ ` � - v�--Z_ i,, County Attorney I 11111111111 VIII1111111111I1II1111111111111111 II IIII 3453286 02/06/2007 10:37A Weld County, CO 9 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 9E. „,,&eJ-e ?a� V ugtgXg (7 -J81ila. o z_ 22M y ;gar WQ r: g# AE g �' .92g ig oa © '� lilt ' W E z g W 0 , 'L.vx . ALY18N31111'. { I b r 3 4,01g g n q+ ...`' 9, Y3 •�QI3M Fyn � � '• ^6 i N ..... r7.•." =8 ... ,. :.e �� x I+ L18 atlON lr I h, umoavv� awatr t t nt =3; aanv 'lid' V,/,.44,„ ': ' '. 14- 5� a* :.:-... . gym. „ f 1 1 avotrimnop G IAMB '•w....�s.c 111111111111111111111111111111111111111 III 111111 III 1111 3453286 02/06/2007 10:37A Weld County, CO 10 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Exhibit B LifeBridge P.U.D. County Road 26, County Road 3-1/2, Fairview Street, Railroad Crossing Cost Estimate of Public Improvements Unit Total Description Unit Quantity Cost Cost Clearing and Grubbing LS 1 55,000.00 $5,000.00 Embankment Material(Fill) CY 10,000 $2.50 $25,000.00 Unclassified Excavation(Cut) CY 40,000 $2.00 $80,000.00 Concrete Diversion Structures EA 5 $1,800.00 $9,000.00 Remove 12'CMP LF 20 $7.00 $140.14 Remove 12" PLASTIC CORRUGATED PIPE LF 22 $7.00 $157.08 Erosion and Sediment Control LS 1 52,500.00 $2,500.00 Subgrade Preparation SY 51,900 $1.10 $57,090.00 Adjust Valve Boxes, Manholes LS 1 $8,000.00 $8,000.00 Misc Waterline Adjusts, Utility adjusts LS 1 $30,000.00 $30,000.00 12"Aggregate Base Course TN 4,800 $12.00 $57,600.00 9"Asphalt TN 27,250 $33.00 $899,250.00 18"RCP,for irrigation piping on Fairview LF 132 $40.00 $5280.00 24"RCP for storm drainage LF 450 $45.00 $20,250.00 36"RCP for Oligarchy Ditch, partial piping LF 200 $55.00 $11,000.00 Vertical Curb LF 13,530 $9.50 $128,535.00 Concrete Flat Work(10") SY 1,600 $36.24 $57,984.00 Concrete Curb Ramp SY 650 $41.00 $26,650.00 8 ft wide concrete bikepath SY 12,027 $23.00 $276,621.00 4'Dia.Manhole(H5) EA 20 $1,625.00 $32,500.00 5'Type R Storm Drainage Inlet EA 1 $1,500.00 $1,500.00 15'Type R Storm Drainage Inlet EA 18 $5,300.00 $95,400.00 Rip Rap w/Fabric and Bedding LS 1 $15,000.00 $15,000.00 18"FES EA 2 $457.00 $914.00 36"FES EA 2 $600.00 $1,200.00 36"RCP LF 72 $66.00 $4,752.00 CDOT Class 6 Roadbase TN 325 $15.00 $4,875.00 Rail Road Crossing Material (installed by Railroad Company) EA 1 $117,088.00 $117,088.00 Fence Removal LF 3,100 $0.40 $1,240.00 Tree Removal(48"Dia Base) EA 1 $1,000.00 $1,000.00 Fence Install(4 Wire Barb Fence) LF 7,343 $1.00 $7,343.00 Traffic Striping&Signage LS 1 $50,000.00 $50,000.00 Construction and Asbuilt Surveying LS 1 $15,000.00 $15,000.00 Traffic Control, signs only LS 1 $2,500.00 $2,500.00 Erosion Contol LS 1 $6,250.00 $6,250.00 Seeding/Mulching LS 1 $1,500.00 $1,500.00 TOTAL COST $2,058,119.22 August 29.2006 I IIIIII IIIII IIIII IIIIII IIIII IIII 1111111 III 111111 III IIII TJB Consulting Group 3453286 02/06/2007 10:37A Weld County, CO 11 of 11 R 0.00 D 0.(I0 Steve Moreno Clerk 8 Recorder Exhibit B GREAT WESTERN RAILWAY Location: MP 3.08 near Longmont (WCR 3.5 DOT No. 849320Y MP 3.63) Project: Fairview Road Date: 3-Jan-07 Material Type Width Footage Unit Cost Total Freight TOTAL Concrete 10 96 $ 275.00 $26,400.00 $2,000.00 $28,400.00 Note: Rd Xing is 96'which includes sidewalks on either side Rail Weight Length Unit Cost Total 115 New 240 $ 18.00 $ 4,320.00 Ties Size Quantity Unit Cost Total 7"x9"x10' 60 $ 70.00 $ 4,200,00 7"x9"x8'6" 12 $ 45.00 $ 540.00 OTM Plates Quantity Unit Cost Total 115 lb. d.s. 144 $ 9.00 $ 1,296.00 Spikes Quantity Unit Cost Total New 5/8"x6" 576 $ 0.50 $ 288.00 Rail Anchors Weight Quantity Unit Cost Total New 115 lb. 50 $ 2.00 $ 100.00 Compromise Angle Bars Weight Quantity Unit Cost Total 115/90 set 4 $ 350.00 $ 1,400.00 Bolts Length Quantity Unit Cost Total 1"x5-3/4" New 20 $ 3.50 $ 70.00 TOTAL Material $45,574.00 Misc Contract $12,000.00 Item Quantity Unit Cost Total Equipment Rental 4 $ 200.00 $ 800.00 $57,574.00 Thermite Welds 2 $ 500.00 $ 1,000.00 4"perf.drain pipe 280 $ 0.50 $ 140.00 4" pipe misc. 1 $ 20.00 $ 20.00 Fabric underlayment 120 $ 5.00 $ 600.00 Crossbuck(post sign 2 $ 300.00 $ 600.00 Ballast 100 $ 18.00 $ 1,800.00 $ 4,960.00 Contract Services Item Days Day Rate Total Contract Labor 4 $3,000.00 $12,000.00 GREAT WESTERN RAILWAY Location: MP 4.17 (DOT No. 849321F) Project: Weld CR 26 Date: 3-Jan-07 Material Type Width Footage Unit Cost Total Freight TOTAL Concrete 10 104 $ 275.00 $28,600.00 $2,000.00 $30,600.00 Note: Rd Xing is 104'which includes sidewalks on either side Rail Weight Length Unit Cost Total 115 New 320 $ 18.00 $ 5,760.00 Ties Size Quantity Unit Cost Total 7"x9"x10' 64 $ 70.00 $ 4,480.00 7"x9"x8'6" 34 $ 45.00 $ 1,530.00 OTM Plates Quantity Unit Cost Total 115 lb. d.s. 196 $ 9.00 $ 1,764.00 Spikes Quantity Unit Cost Total New 5/8"x6" 784 $ 0.50 $ 392.00 Anchors Weight Quantity Unit Cost Total New 115 lb. 140 $ 2.00 $ 280.00 Compromise Angle Bars Weight Quantity Unit Cost Total 115/90 set 4 $ 350.00 $ 1,400.00 Bolts Length Quantity Unit Cost Total 1"x6" New 20 $ 3.50 $ 70.00 TOTAL Material $51,236.00 Misc Contract $12,000.00 Item Quantity Unit Cost Total Equipment Rental 4 $ 200.00 $ 800.00 $63,236.00 $120,810.00 Thermite Welds 2 $ 500.00 $ 1,000.00 4"perf.drain pipe 280 $ 0.50 $ 140.00 4"pipe misc 1 $ 20.00 $ 20.00 Fabric underlayment 120 $ 5.00 $ 600.00 Crossbuck (post,sign) 2 $ 300.00 $ 600.00 Ballast 100 $ 18.00 $ 1,800.00 $ 4,960.00 Contract Services Item Days Day Rate Total Contract Labor 4 $3,000.00 $12,000.00 c7�j/4 ,, CENTENNIAIJ Bank of the West IRREVOCABLE STANDBY LETTER OF CREDIT NO. 6012 DATE OF ISSUE: January 10, 2007 AMOUNT: $2,058,119.22 EXPIRY DATE: November 21, 2007 at our counters 3:00PM , Bene eiary: IOU '"' Board lfCounttty'Commissioners P.O. Bo-1€ 738 Greeley, CO 80632 Gentlemen: We hereby issue this Irrevocable Standby Letter of Credit for the account of LIFEBRIDGE CHRISTIAN CHURCH, ("Customer") 10345 Ute Highway, Longmont,p.CO 80504 in your favor in the aggregate amount not exceeding TWO MILLION FIV191 EIGHT THOUSAND ONE HUNDRED NINETEEN AND 22/100THS US Dollars(USD$2,058,119 22). Funds under this credit are available with CENTENNIAL BANK OF THE WEST by payment against presentation of your sight draft(s) drawn on us, at our office, on or before the expiry date when accompanied by the following: 1. This Original Letter of Credit. 2. A written statement purportedly signed by an authorized official of the Beneficiary stating that the "amount is required to be paid to the Beneficiary on the account the Beneficiary has declared a default under the Improvements Agreement by and between the Beneficiary and Lifebridge Christian Church". This credit will be automatically extended without written amendment for an additional period of one year from the present or any future expiration date hereof, unless, at least sixty (60) days prior to the then relevant expiration date, Issuer notifies you the Beneficiary, in writing by U.S. certified mail, return receipt requested or by overnight courier that the Issuer elects not to extend this Letter of Credit for any additional period. Upon Beneficiary's receipt of such notification, Beneficiary may draw a sight draft on Issuer prior to the then relevant expiration date for the unused balance of this Letter of Credit, which shall be accompanied by a statement purportedly signed by an authorized official of the Beneficiary stating that a "Receipt of notification by the Issuer has been submitted for non renewal of Letter of Credit No.6012". 1 Page 2 IRREVOCABLE LETTER OF CREDIT NO. 6012 This page shall be attached to and become an integral part of the above referenced Letter of Credit 3. Any draft presented must bear the words "Drawn under CENTENNIAL BANK OF THE WEST Irrevocable Letter of Credit No. 6012 dated January 10, 2007". In case of cancellation of this Letter of Credit prior to expiration, the original of this Letter of Credit must be returned to us for cancellation with a statement purportedly signed by the beneficiary stating that: "This Letter of Credit is no longer required by us and is hereby returned to the issuing bank for cancellation". Issuer hereby agrees to honor each draft for payment made in compliance with the terms this Letter of Credit if duly presented by person, registered mail, or overnight courier, together with any documents as specified herein, to the attention of CENTENNIAL BANK OF THE WEST, 4650 Royal Vista Cr. Fort Collins, CO 80528, on or before the close of business on the expiration date of this Letter of Credit, mentioning specifically our Irrevocable Letter of Credit No. 6012, issued for the account of LIFEBRIDGE CHRISTIAN CHURCH. This Irrevocable Letter of Credit shall not be transferable and it shall be governed by and construed in accordance with the laws of the State of Colorado. Sincerely, CENTENNIAL BANK OF THE WEST Daniel R. Grant Senior Vice President Page 1 of 2 Donna Bechler From: Jennifer Luna Sent: Monday, January 22, 2007 3:20 PM To: Donna Bechler Subject: FW: PUC Application re: WCR 26 Upgrades with LifeBridge and Great Western Jenny Luna CTB Ext.4228 From: Bruce Barker Sent: Monday, January 22, 2007 3:18 PM To: Todd Borger; Esther Gesick; Drew Scheltinga Cc: Francie Collins; Jennifer Luna; Elizabeth Strong Subject: RE: PUC Application re: WCR 26 Upgrades with LifeBridge and Great Western Todd: We will put the PUC application on the Board's agenda for Wednesday, January 24, 2007. We will need to have the collateral in the Clerk to the Board's office prior to putting the improvements agreement on. The following is from the e-mail I received from you on November 20, 2006. I agreed to the schedule of proceedings at that time. Bruce. The Bank providing the letter of credit would like to know if the attached will be adequate for an initial indication of surety. The idea is, in order of sequence of action items: 1. Attached letter is deemed acceptable. 2. PUC application goes before Weld CC's & is approved. 3. Bank provides formal letter of credit per county's standards. 4. Then Weld CC's sign improvements agreement and PUC app is turned in. Goal is: Not to provide a L.O.C. until Weld CC's have ok'd the overall application. This was the general arrangement intended a while back when we were discussing this with Lee M. From: Todd Borger [mailto:toddb@dgmllc.com] Sent: Thursday, January 18, 2007 11:18 AM To: Esther Gesick; Drew Scheltinga Cc: Francie Collins; Bruce Barker; Jennifer Luna; Elizabeth Strong Subject: RE: PUC Application re: WCR 26 Upgrades with LifeBridge and Great Western Hi All, For what it's worth, my understanding is: With Great Western, Chris Dodge, (303) 398-4505, believes Weld County signs off first, then they follow. Regarding collateral for the improvements agreement, the current arrangement for providing the letter of credit 1/22/2007 Page 2 of 2 was indicated as acceptable by Bruce Barker. Materials required for the Certificate of Service will be provided by LifeBridge directly to Drew Scheltinga to then be mailed out by Weld County. Cordially, Todd Borger TJB Consulting Group Civil Engineering, Site Development 2602 Clover Basin Drive, Suite B P.O. Box 1348 Longmont, CO 80502 303.532.2268 fax: 303.702.0585 toddb@dgmllc.com From: Esther Gesick [mailto:egesick@co.weld.co.us] Sent: Thursday, January 18, 2007 11:05 AM To: Drew Scheltinga Cc: Francie Collins; Todd Borger; Bruce Barker; Jennifer Luna; Elizabeth Strong Subject: PUC Application re: WCR 26 Upgrades with LifeBridge and Great Western Drew, Yesterday Francie and I compared notes and it looks like Todd Borger provided three (3) updated, signed originals of all the documents (PUC Application, Improvements Agreement, Contract for Services, and Certificate of Service). As we previously discussed, obtaining signatures from the Great Western Railway (GWR) after the fact is often very difficult. I was wondering if you would be willing to attempt getting the Contract for Services with GWR signed prior to all of this going to the Board. According to the terms of the Contract, Weld County appears to be the dominant entity in determining what gets done and making payment for the services, therefore, the Commissioners should be the last to sign. Additionally, the December 15, 2006, letter from Todd Borger indicates LifeBridge will provide a Letter of Credit after approval of the PUC Application; however, we are not able to list the Improvements Agreement until the appropriate collateral is submitted. If they still desire to post collateral after approval of the PUC Application, the Improvements Agreement will be listed on the first available Agenda following review by staff and the County Attorney. Lastly, the December 15, 2006, letter also indicates LifeBridge will provide stamped, unsealed envelopes addressed to the individuals listed on the Certificate of Service with copies of the application placed in the envelopes. I've asked Francie to keep the original Certificates of Service and just send a signed/dated one to our office once that project is completed. It is my understanding that Public Works will submit the appropriate documents to the PUC for processing. Thanks! Esther E. Gesick Deputy Clerk to the Board 915 10th Street Greeley, CO 80631 (970)356-4000 X4226 (970)352-0242 (fax) 1/22/2007 FW: New LC6012 Lifebridge Page 2 of 5 Weld County From: Todd Borger [mailto:toddb@dgmllc.com] Sent: Tuesday, December 19, 2006 4:01 PM To: Peter Schei Cc: Drew Scheltinga; Bruce Barker; Scot Lewis; Fischhaber, Pamela; Dale Bruns; martin@mdickeyassociates.com; Esther Gesick Subject: RE: PUC application associated with LifeBridge Hi Peter, This great news! Attached is a revised version of the PUC application to name Drew Scheltinga as the point of contact. Thank you for attending & presenting this before the BOCC's. Please let us know when the application is scheduled. As always, please contact us if you need anything else in support of this item. Sincerely, Todd Borger, P.E., President TJB Consulting Group Civil Engineering, Site Development 2602 Clover Basin Drive, Suite B P.O. Box 1348 Longmont, CO 80502 303.532.2268 fax: 303.702.0585 toddb@dgmllc.com From: Peter Schei [mailto:pschei@co.weld.co.us] Sent: Tuesday, December 19, 2006 2:58 PM To: Todd Borger Cc: Drew Scheltinga; Bruce Barker; Scot Lewis; Fischhaber, Pamela; Dale Bruns; martin@mdickeyassociates.com; Esther Gesick Subject: RE: PUC application associated with LifeBridge Importance: High • 19-Dec-2006. Good Afternoon, Todd: I received (yesterday) the PUC application (& copies) mailed to Public Works. Thank you. Drew & I have reviewed the entire packet of materials and everything looks in good order. A small item we noticed in the PUC application listed Perry Eisenach as the contact person -who is no longer employed with the County. Drew Scheltinga (County Engineer)will be the contact person and we can easily make this correction to the PUC application. Public Works has verified, with the County Attorney, the item of contact person (Mr. Drew Scheltinga) & agree that the materials are complete for the PUC application along with associated agreements. The County is now in the process of scheduling this item for the Board of County Commissioners' approval at the next available hearing. Drew or myself will attend the BOCC hearing to answer any questions the Commissioners may have. 1/16/2007 FW: New LC6012 Lifebridge Page 3 of 5 Public Works has forwarded the Original and copies to the Clerk with the understanding that the Letter of Credit has been OK'd by the County Attorney. Thank you for your patience. Have a great day, Peter. HAPPY HOLIDAYS Peter SCHE7,P.E.,N.S.P.E. Public Works Department Weld County From: Bruce Barker Sent: Wednesday, December 13, 2006 1:29 PM To: Todd Borger; Peter Schei Cc: Drew Scheltinga Subject: RE: PUC application associated with LifeBridge Letter of credit looks good. Bruce Barker Weld County Attorney From: Todd Borger [mailto:toddb@dgmllc.com] Sent: Wednesday, December 13, 2006 11:42 AM To: Peter Schei; Bruce Barker Cc: Drew Scheltinga Subject: RE: PUC application associated with LifeBridge Guys, Please accept my apologies. The attached is NOT something Weld County has reviewed. It is the actual form of the letter of credit proposed by the Bank. The bank/LifeBridge intends to provide the executed letter of credit once the Weld CC's have approved the PUC application. I'm sorry for the confusion--please let me know if you have any questions. Todd Borger From: Todd Borger Sent: Wednesday, December 13, 2006 11:11 AM To: Todd Borger; 'Peter Schei'; 'Bruce Barker' Cc: Drew Scheltinga (dscheltinga@co.weld.co.us) Subject: RE: PUC application associated with LifeBridge Hi All, The prior file may give you some problems opening. I've attached another version. Todd TJB Consulting Group Civil Engineering, Site Development 1/16/2007 FW: New LC6012 Lifebridge Page 4 of 5 2602 Clover Basin Drive, Suite B P.O. Box 1348 Longmont, CO 80502 303.532.2268 fax: 303.702.0585 toddb@dgmllc.com From: Todd Borger Sent: Wednesday, December 13, 2006 10:59 AM To: Peter Schei; 'Bruce Barker' Cc: Drew Scheltinga (dscheltinga@co.weld.co.us) Subject: PUC application associated with LifeBridge Hi All, The bank wanted a double check on the attached letter for Weld County's approval. The attached strikes me as the same, but better for Weld County, as to what was previously reviewed by Weld County. Again, it's my understanding that with the attached, signed letter, that Weld County staff will schedule the application for hearing before the Weld County commissioners. If/Once the Weld CC's approve the PUC application, then LifeBridge &their bank with provide the actual letter of credit to Weld County so that the PUC application will be forwarded on to the CO PUC. Please call if my understanding is incorrect. Thanks! Todd Borger From: Grant, Dan [mailto:dan.grant@centennialbanks.com] Sent: Tuesday, December 12, 2006 10:56 AM To: Todd Borger Subject: FW: New LC6012 Lifebridge Todd: Attached is the Letter of Credit form that has been generated for the LifeBridge project. Can you submit it to Weld County for their review? Thanks, Dan Grant From: Cuffel, Liz Sent: Tuesday, December 12, 2006 8:03 AM To: Grant, Dan Subject: FW: New LC6012 Lifebridge Liz Cuffel Loan Administrator Centennial Bank of the West 1/16/2007 FW: New LC6012 Lifebridge Page 5 of 5 401 Main Street Lonemont,CO 80501 Phone (303)678-4176 Fax(303)678-4166 liz.cuffel@centennialbanks.com From: Sletvold, Lydia Sent: Tuesday, December 12, 2006 7:44 AM To: Cuffel, Liz Subject: New LC6012 Lifebridge Liz, Here is the letter of credit 6012 for Lifebridge. Please note that we have deleted a lot of the paragraph per our in house attorney Stephen Johnson at Rothgerber Lyons Johnson. Dan might want to review and discuss with the County before sending out the original. «Iifebride6012.doc» Lydia Sletvold Letter of Credit Administration Officer Centennial Bank Holdings, Inc. 303-296-9600 x11248 Phone 303-293-5548 direct line 303-675-1130 Fax Lydia.Sletvold@gbankonline.com 1/16/2007 Hello