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HomeMy WebLinkAbout20073503.tiff 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#1578 - SHAWN SARCHET 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 April 11, 2007, the Weld County Board of Commissioners approved Use by Special Review Permit#1578, for Shawn Sarchet, 14016 County Road 32, Platteville, Colorado 80651, for a Business Permitted as a Use by Right or Accessory Use in the Commercial or Industrial Zone Districts (conference center, weddings, wedding receptions, wedding seminars, meetings, life celebrations, reunions, bridal showers, baby showers, bar mitzvahs, music recitals, wakes, and community gatherings) in the A(Agricultural)Zone District on the following described real estate, to-wit: Lot A of Recorded Exemption #1920; being part of the N1/2 NW1/4 of Section 21, Township 3 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 Shawn Sarchet, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Irrevocable Letter of Credit #76 from Colorado East Bank and Trust, 207 1st Avenue, LaSalle, Colorado 80645, in the amount of $161,760.04, 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 Shawn Sarchet, be, and hereby is, approved. 2007-3503 PL8 d /JL , fi'ul /fii - D -0`a IMPROVEMENTS AGREEMENT - SHAWN SARCHET PAGE 2 BE IT FURTHER RESOLVED that Irrevocable Letter of Credit #76 from Colorado East Bank and Trust, 207 1st Avenue, LaSalle, Colorado 80645, in the amount of$161,760.04, be and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of November, A.D., 2007. BOARD OF COUNTY COMMISSIONERS •V "-Ica WELD COUNTY, COLORADO ATTEST: Pht, " .L' " /'� td CC t P David E. Long, Chair Weld County Clerk to th 'T /In / - 1 a BY: (.L�4 i Ott ( t\\ William,H. Jerkeem De ty Clef to the Board /ia/, /9 -- William F. Garcia APP E AS T� EXCUSED Robert D. Masden rib Attorney Douglas ademacher Date of signature: a[q/0 7 2007-3503 PL1880 • IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS 275 (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this 4 thday of October ,20 07,by and between the County of W eld,State of Colorado,acting through its Board of County Commissioners,hereinafter called"County," and Shawn D Sarchet 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 "A" of RE-1920 being part of the North 1 /2 of the Northwest 1 /4 of Section 21 Twonship 3 North, Range 66 West of the 6th principal metidian, County of Weld, State of Colorado. Also Known As: 14016 Weld County Road 32 Platteville, Colorado WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be known as Use by Special Review Pettit #1578 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 docum ents of the Subdivision Final Plat,Planned Unit Development Final Plat,or Site Plan,which improvements,along with a time schedule for completion,are listed in Exhib its"A"and "B"of this Agreement. NOW,THEREFORE,IN CONSIDERATIONOF N SI DERATI ON O F the foregoing and of the acceptan ce 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 Un it Development improvements listed on Exhibit "A,"which is attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed bya Professional Engineer and Land Surveyor registered in the State of Colorado,and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of,but not be limited to,surveys,designs,plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit Development to the County for approval prior to the letting of any construction contract. Applicant shall furnish one set of reprodu cible"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 1 111111 11111 111111 1111 IIII 11111 111111 III 11111 IIII IIII 1 3527275 01/04/2008 02:11P Weld County, CO 2007-3503 1 of 20 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • S Development improvements listed on Exhibit"A,"which is attached hereto and incorporated herein by reference, according to the construction schedule set out in Exhibit "B" which is also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in 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 "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,tog ether with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by,or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. (THERE IS NO SECTION 5) 6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant,streets within a Subdivision or Planned Unit Development may be approved by the County as public roads and will be maintained and repaired by a Homeowners Association or, in its absence, the owners of lots within the Subdivision or Planned Unit Development. 6.1 If desired by the County,portions of street improvements may be p laced in service when completed according to the schedule shown on Exhibit "B,"but such use and operation shall not constitute an approval of said portions. 11111111111111111111111111111111111111111111111111111 11111111111111111111111111111111111111III1111111111111 2 3527275 01/04/2008 02:11P Weld County, CO 2 of 20 R 0.00 0 0.00 Steve Moreno Clerk& Recorder • • 6.2 County may, at its option, issue building permits for construction on lots for which street 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 o f 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 theconstruction 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 thatthe Board ofCounty Commissioners partially approve them. Not sooner than nine months after partial approval,the County Engineer shall,upon request by the applicant, inspect the subject streets,and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County stan dards,he or she shall recommend full approval. Upon a receipt ofa 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. Ifacceptab le collateral has not been submitted within six(6)months then the Final Plat approval and all preliminary approvals shall automatically expire. Applicant may request that the County extend the Final 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 improvemen is 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 o f 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 tha t 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 Exhib its "A"and "B." 8.1.2 The LetterofCredit shall provide for paymentupon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer AIM 11111111111111111 Eli HMI III 111111111 1111 3 3527275 01/04/2008 02:11P Weld County, CO 3 of 20 R 0.00 D 0.00 Steve Moreno Clerk& Recorder has been notified of such default. 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that,at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent (100%) of the 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 sp ecify that fifteen perc ent (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 Creditshall 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 prop erty 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%)o f the cost of the improvement 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 Impro vements A greement 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 agreementand for no other purpose and will not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 4 111111 11111 111111 111111 IIII 11111 111111 III 11111 IIII 1111 3527275 01/04/2008 02:11P Weld County, CO 4 of 20 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution. 8.3.4 If Weld County determines there is a default of the Improvements Agreement, the escrow agent,upon request by the 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('00%)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 male regular on-site inspections during the course of construction and the construction plans utilized are the same as those appro ved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation Schedule for minimum materials sampling, testing and inspections found in the Colorado Department of Transportation(CD OT)Materials 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 C ounty, the applicant(s) may request release of the collateral for the projector portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible govemmental entity,special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final approval by the B oard of County Commissioners. 10.0 Public Sites and Open Spaces: When the Board ofCounty 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 5 1111111 11111 111111111111 Ell 11111111111111 11111 UAL 3527275 01/04/2008 02:11P Weld County, CO 5 of 20 R 0.00 D 0.00 Steve Moreno Clerk& Recorder the following alternatives,or as specified in the Planned Unit Development(PUD) Plan,if any: 10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district,for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage as determined according to Chapter 24 of the Weld County Code, may be reserved through deed restrictions as open area,the maintenance of w hich 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,perso nal representatives, successors and assigns of the Applicant,and upon recording by the County,shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. • HBO 11111 111111111111 IIII 11111111111111 11111 liii liii 6 3527275 01/04/2008 02:11P Weld County, CO 6 of 20 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • IN WITNESS WHEREOF,the parties hereto have caused this Agreementto be executed on theday and year first above written. ((1 d d, APPLICANT: /C7-4 J L L X� J LRc-e. - t. R ' A �' 1 APPLICANT: r __ -- trl TITLE: b c_z� /7 f-4 . ` CF c, 'Subscribed and sworn to before me this gil"day of_OUP)I IA ,200O1.. My Commission expires: _ ck V V�-!-� Notary Public —_I 1=7-0 10 ATTEST: gx. ids OARD OF COUNTY COMMISSIONERS b RP � COUNTY, COLORADO 1'2.61 .es,��� Q Weld County Clerk to the Board ta.. 4 C '�T ''' 91/ ��� avid E. Long ,Ch r' BY. + a� � NOV 1 4 2001 uty CI to the Board APPROVED AS TO FORM: _ _ ounty Attorney --- 1 111111 11111 II1111 IUD 1111 11111 111111 III 11111 IIII IIII 7 3527275 01/04/2008 02:11P Weld County, CO 7 of 20 R 0.00 D 0.00 Steve Moreno Clerk& Recorder :x'007- .3s . • EXHIBIT "A" Name of Subdivision or Planned Unit Development Ribbons 'N' Rainbows, [i_S R #157R Filing Location: 14016 WCR 32, Platteville, Colorado Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Dev elopment the following improvements. (Leave spaces blank where they do not apply) Improvements Quantity Units Unit Estimated Construction Costs Cost Site grading $ R0,9(DR nn Street grading PI II Street base u n Street paving II II Curbs,gutters,and culverts II II Sidewalk $ 9. 040 00 Storm sewer facilities N A Retention ponds nor n Ditch Improvements II II Subsurface drainage m n Sanitary sewers u n Trunk and forced lines n n Mains n n Laterals (house connected) n n On-site sewage facilities It II On-site water supply and storage II II Water Mains(includes bore) II II Fire hydrants "Dry Hydrant" $ 5., 57R 07 Survey and street monuments and boxes N A Street lighting $ 23, 210 38 Street Names - N A Fencing requirements $ e, 970 DO Landscaping $ 22, 017 50 Park improvements N A_ Road culvert II IT Grass lined swale n n Telephone II II Gas n u Electric II n Water transfer II II SUB-TOTAL: $147, 054 SR Engineering and Supervision Costs$ 1 4, 705. 46 (Testing,inspection,as-built plans and work in addition to preliminary and finalplat;supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 161 , 760 04 The above improvements shall be constructed in accordance with all County requirements and specifications, and 8 1111111 11111 111111 111111 II11 11111 111111 III VIII IIII IIII 3527275 01/04/2008 02:11P Weld County, CO 8 of 20 R 0.00 D 0.00 Steve Moreno Clerk& Recorder conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said improvements shall be completed according to he �c`oonnstruction schedule set out in Exhibit"B." By: IL , t ',Li ALA C� �e Applicant Applicant Date: I6 -' , 26 07. Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 111111111111111111111111111111111111111III IIIII iiii IIII 9 3527275 01/04/2008 02:11P Weld County, CO 9 of 20 R 0.00 0 0.00 Steve Moreno Clerk& Recorder • EXHIBIT "B" Name of Subdivision or Planned Una Development Ribbons 'N' Rainbows, u S R 41572 Filing Location: 14016 WCR 32, Platteville, 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 two years from the date of approval of the final plat Constmction 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 July of 2008 Street base " 1° Street paving Curbs,gutters.and culverts Sidewalk n n Storm sewer facilities jai_4. Retention ponds II II Ditch improvements II II Subsurface drainage " " Sanitary sewers II " Trunk and forced lines II II Mains " Laterals(house connected) " " On-site sewage facilities II II On-site water supply and storage " II II IIWater mains Fire hydrants "Dry Hydrant" July of 7008 Survey and street monuments and boxes N A Street lighting July of 2008 Street name signs N.A. Fencing requirements July of 7002 Landscaping n n Park improvements N.A. Road culvert Grass lined swale " " Telephone " " Gas Electric II Water Transfer II II SUB-TOTAL: Jur1 y of 2008 10 1 111111 VI11 111111 111111 IIII V111 111III III IIIIII 111 1111 3527275 01/04/2008 02:11P Weld County, CO 10 of 20 R 0.00 D 0.00 Steve Moreno Clerk& Recorder The County,at its option,and upon the request of the Applicant,may grant an extension of time for completion for any particular improvements shown above,upon a showing by the Applicant that the above schedule cannot be met. By:_h/7L-4.[_L t ,- 4 L[-k E /I L Applicant Applicant /y Zi.i n L i& Date: 'll— O 20 ""_Y Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 11111111111111111111[11 111111111111111I I 1111111I I11111 I 3527275 01/04/2008 02:11P Weld County, CO 11 of 20 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • S SPYKSTRA I CUSTOM BUILDERS INC. March 2 I, 2007 Mr.Joe Engels via email:joeengeisdesign@comcast.net Engels Design Associates 2521 West 4t Street Greeley, CO 80631 Re: Ribbons €Rainbows Conference Center 14016 Weld County Road 32, Platteville, CO Dear Mr. Engels, Thank you again for this opportunity to propose on the above referenced Conference Center project located in Platteville, Colorado. This Bid per the attached Clarifications is S 942.584.°°. I have included a Bid Clarification list and a Schedule of Values which further defines what is included and excluded from the Cost of the Work, for your information. Please do not hesitate to contact me with any questions or concerns after review of this Bid. I look forward to partnering with you on this project Respectfully, Dan Spykstra President PO BOX 156 WINDSOR,COLORADO 80550-0156 Punuc l97n1 R74-9491 1111111 11111 IIIIII IIIIII IIV 11111 111111 III IIIIII III IIII 3527275 01/04/2008 02:11P Weld County, CO 12 of 20 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Exhibit A Ribbons& Rainbows Schedule of Values March 21, 2007 GENERAL CONDITIONS 39,672.00 SITEWORK 80,918.00 SITE CONCRETE 9,040.00 STRUCTURAL CONCRETE 46,800.00 MASONRY 71,500.00 METALS 26,550.00 ROUGH CARPENTRY 170,875.00 DECK 83,636.00 FINISH CARPENTRY 42,960.00 CABINTRY ALLOWANCE 23,625.00 DAMPROOFING 1,170.00 , INSULATION 6,510.00 ROOFING 8,666.00 EIFS 16,362.00 FLASHING AND JOINT SEALERS 4,050.0O DOORS AND HARDWARE 7,908.00 WINDOWS 53,226.00 DRYWALL 14,200.00 METAL CEILING 2,420.00 FLOORING AND TILE ALLOWANCE 32,927.00 PLASTIC LAMINATE COUNTERTOPS 2,632.00 d PAINTING 20,462.00 9 TOILET ENCLOSURES ALLOWANCE 2,300.00 °C FIREPLACE 3,570.00 coo S TOILET ACCESSORIES ALLOWANCE 1,400.00 zts APPLIANCES ALLOWANCE 15,000.00 o = c �� PLUMBING 14,114.00 FIRE PROTECTION 0.00 N .1)3 HVAC 17 011.00 r ELECTRICAL 34,707.00 o SERVICE LATERAL ALLOWANCE 3,400.00 °O CONTRACTOR LIABILITY INSURANCE 12,864.17—0 d BUILDING PERMITS& FEES ALLOWANCE 3,500.00 o rc CONTRACTOR FEE 68,608.88 o e4 TOTAL $942,584.05 ,r -N -NCO _Mr Comcast Webmail -Email Messa. • Page 1 of 2 From: "Said"<said@qualitywellandpump.com> To: <joeengelsdesign@comcast.net> Subject: FW:Dry Hydrant Date: Friday,September 28,2007 12:13:05 PM From: Said [mailto:said@qualitywellandpump.com] Sent: Friday, September 28, 2007 11:12 AM To: joeenglesdesign@comcast.net Subject: Dry Hydrant Joe engels design Joe Here in the proposal for the complete installation of a dry hydrant. I have gone over all specs with Russ at the fire department,and he is ok with all of our ideas. Please let me know if you have any questions. 1 6" Female end w/swivel and plug with strainer 456.89 456.89 2 6"Steel 90 elbow 76.16 152.32 40 6"steel pipe 7.82 312.8 1 6x8 reducer 71 71 1 8x10 reducer 108 108 1 10" steel flange 22.94 22.94 1 10" PVC flange 65.05 65.05 1 10" Gasket 4.12 4.12 80 10" PVC IPS pipe 5.42 433.6 1 6x10 PVC reducer 101.35 101.35 1 Concrete block(2'x2'x1') 125 125 1 Labor(pipe fitter) 525 525 1 Labor(excavator) 3200 3200 5578.07 Thank you 1111111 11111 111111111111 IIII 11111 111111 III 111111 III IIII 3527275 01/04/2008 02:11P Weld County, CO 14 of 20 R 0.00 D 0.00 Steve Moreno Clerk& Recorder httn•//mnilrenter enmesct net/wmr/v/wm/47Mi57F(1(HfRA 7111111111,11 fAd')MA11cone f1/1 nnm Comcast Webmail-Email Messaggli • Page 2 of 2 Said Zokhrouf Quality Well & Pump 145 16th Street Greeley CO 80631 970-353-3118 Fax 970-353-4257 said@qualitywellandpump (Attachments successfully scanned for viruses.) Attachment 1: (image/tiff) HIED 11111 IIIIII 111111 IIII VIII IIIIII III !Eli III 1111 3527275 01/04/2008 02:11P Weld County, CO 15 of 20 R 0.00 D 0.00 Steve Moreno Clerk& Recorder t......u.....,;t..a.,m.rnmruernP4/.u,neAlinn„Min 91S7FOnn'2RA74nnnnd1d777UFd'4t1ln7no lnnnnn7 . Comcast Webmail -Email Messae • Page 1 of 2 From: "Frank Gale"<frankgale@lightingdesignsweb.com> To: <joeengelsdesign@comcast.net> Subject: Ribbons&Rainbows Date: Monday,October 08,2007 9:37:40 AM LIGHTING DESIGNS Quote No.:91952 3595 CLYDESDALE PKWY Date:02/28/07 LOVELAND,CO 80538 (970)593-1101 Page: 1 970-593-1979 FAX Quoted To:ENGELS/RIBBONS&RAINBOWS Customer No: 16665 Phone No: Salesperson:#15-TAMMI Item Description Qty Unit Price Amount T BOLLARD 14"H/BRONZE 11 151.23 1663.53 T EXT 1 BK/PEI POST 10' 10 657.00 6570.00 T EXT 2&3 120/CLA/GL13/MBASE POST TOP 14 954.00 13356.00 T EXT 2&3 14-100HPS DOUBLE HEAD FOR POST 2 220.50 441.00 T EXT 3 150W HPS/MED/A 14 23.42 327.88 T Hiiitiiiiii 1111111 111111 II11 11111 111111 III 111111 1111111 3527275 01/04/2008 02:11P Weld County, CO 16 of 20 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 7.44...//.....a......a.... .............1 ....t/..,.�../..6....-/A'Jf A COODnnfTT A G'Innnnnnnz"nnnnrnnnnnnnn 1n/n/nnNN : Comcast Webmail -Email Messag• • Page 2 of 2 Customer Signature Sub-Total: 22358.41 Additional Discount: Shipping: 223.58 Tax[ 2.91: 648.39* Quote Total: 23230.38 SPECIAL ORDERS REQUIRE 8-12 WEEKS 1111111 11111 111111 1111111111 11111 111111 111 111111 III III 3527275 01/04/2008 02:11P Weld County, CO 17 of 20 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 1 .. .ii....,a,.e...ar"a...,.,o..,e.i,,min/ ,/tx,.,,ia1nec2QPnnnPn A 57nnnmm11l»nmarnzmm(1Q 111/2/111117 • Comcast Webmail -Email Message, • Page 1 of 1 From: Daniel Miller<dsmillerla@mac.com> To: Joe Engels<joeengelsdesign©comcast.net> Subject Price Estimate for Trees at Ribbons and Rainbows Date: Thursday,October 04,20071:04:41 PM 4 October 2007 Joe Here is the estimate for trees at Ribbons and Rainbows. 83 Trees I met with Ryan Liebl he will look at the estimate and adjust and send a copy to me this week end. Also should him the M&M Tank Landscape and the E&T Electric Landscape, Enjoy the Rockies this afternoon. Cheers DAN (Attachments successfully scanned for viruses.) Attachment 1: (application/octet-stream) 111 11111 1111 111111 III' 1111 111111 111 11111 111 1111 3527275 01/04/2008 02:11P Weld County, CO 18 of 20 R 0.00 0 0.00 Steve Moreno Clerk& Recorder httn://maileenter_enmeast_net/wme/v/wm/47n5inn000ni5frrfM/1ZCATl9lnmcMddm 1 n/annm • S PLANT MATERIAL LIST DECIUOUS TREES, EVERGREENS AND ORNAME 4-Oct-07 SYMBOL)UANTIT BOTANICAL&COMMON NAME SIZE UNIT COST TOTAL COST AC 7 WHITE FIR 8' HT. $275.00 $ 1,925.00 ABIES concolor AFAB 7 AUTUMN BLAZE MAPLE 2" CAL. $250.00 $ 1,750.00 ACER x freemanii 'Autumn Blaze' CS 4 WESTERN CATALPA 2" CAL. $250.00 $ 1,000.00 CATALPA speciosa CO 4 WESTERN HACKBERRY 2" CAL $250.00 $ 1,000.00 CELTIS occidentalis FAAP 7 AUTUMN PURPLE ASH 2" CAL $250.00 $ 1,750.00 FRAXINUS americana 'Autumn Purple' FPP 11 PATMORE ASH 2" CAL $250.00 $2,750.00 FRAXINUS pennsylvania 'Patmore' GTIS 4 SHADEMASTER HONEYLOCUST2" CAL. $250.00 $ 1,000.00 GLEDITISA tricanthos inermis 'Shademaster' ML 6 LOUISA CRABAPPLE 1.5" CAL $175.00 $ 1,050.00 MALUS 'Louisa' PCC 3 CHANTICLEER PEAR 1.5" CAL $200.00 $ 600.00 PYRUS calleryana 'Chanticleer PE 3 PINYON PINE 6' HT. $175.00 $ 525.00 PINUS edulis PM 4 DOUGLAS FIR 8' HT $250.00 $ 1,000.00 9 PSEDOTSUGA menziesii O PPB 3 BAKER! SPRUCE 6' HT. $275.00 $ 825.00 =�Y PICEA pungens 'Bakeri' ac3 PPH 5 HOOPS! BLUE SPRUCE 8' HT. $375.00 $ 1,875.00 = E PICEA pungens 'Hoopsii' �3 PT 11 QUAKING ASPEN " GLUM $175.00 $ 1,925.00 �rti POPULUS tremuloides -T moo QR 3 ENGLISH OAK 2" CAL. $275.00 $ 825.00 o QUERCUS robur �No RPPR 1 PURPLE ROBE LOCUST 3" CAL $350.00 $ 350.00 ROBINIA psedeoacacia 'Purple Robe' = N 20, 150.00 N o 83 Tree Staking (lodge pine poles) & Mulchi $ 12.50 $ 1,037.50 r 83 Soil Amendment (Sand & Compost) $ 10.00 $ 830.00 GRAND TOTAL ####### 27/017,0 1111111111111111111111111111111111111111111111111111111 3527275 01/04/2008 02:11P Weld County, CO 20 of 20 R 0.00 D 0.00 Steve Moreno Clerk & Recorder -et [Boar Cel erad P.O.Box 1019 100 West Pearl Lamar,CO 81052 BANK & TRUST Professionally Driven. Community Minded (719)336-5200 Fax(719)336-5944 IRREVOCABLE LETTER OF CREDIT NO. 76 Granada (719)734-5200 Fax(719)734-5546 October 31, 2007 Holly (719)537-6800 Fax(719)537-6491 Board of County Commissioners ATTN: Clerk to the Board P.O. Box 758 Springfield Greeley, CO 80632 (719)523-6900 Fax(719)523-6743 Re: Use by Special Review Permit#1578 La Junta Dear Sirs: (719)384-2000 Fax(719)384-8587 We hereby open our Irrevocable Letter of Credit in your favor for the account of Shawn Sarchet, 14016 WCR 32, Platteville, CO 80651 for the sum not to exceed the aggregate of One Hundred Sixty-One Thousand Seven Hundred Sixty & Keenesburg 04/100. (303)732-0100 Fax(303)732-9284 Each draft so drawn must be marked "Drawn under COLORADO EAST BANK & TRUST, 207 1ST AVE., LASALLE, CO 80645, Letter of Credit No. 76 and be accompanied by a"signed statement from the Board of County Commissioners of LaSalle Weld County, Colorado stating the Applicant has committed a material breach of (970)284-0211 Fax(970)284-0136 the Improvements Agreement According to Policy Regarding collateral for Improvements regarding U.S.R. #1578 dated the 4th day of October, 2007 by and between Shawn Sarchet and the Board of County Commissioners of the County of Dacono acono (303)833-9972 Fax(303)833-9973 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." Pueblo (719)584-2000 We hereby agree with you that all drafts drawn under and in compliance with the Fax(719)584-2652 terms of this credit will be duly honored and presented for payments to our main office, COLORADO EAST BANK & TRUST, 207 1ST AVE., LASALLE, CO 80645. This letter of credit will expire on October 4, 2008 at 5:00 P.M. Pueblo West (719)547-4488 Fax(719)647-1117 Chartered 1905) `i Oar Crlerad P.O.Box 1019 100 West Pearl Lamar,0O81052 BANK & TRUST Professionally Driven. Community Minded. (719)336-5200 Fax(719)336-5944 This letter of credit is automatically extended without amendment, for additional Granada one year periods from the current expiration or any future expiration date unless (7(7) )734200 -55 60 days prior to such current expiration date COLORADO EAST BANK & Fax(719)734-5546 Y p TRUST notifies beneficiary in writing that the letter of credit will not be renewed. In the case you receive such notification, you may draw by presentation of the Hayfollowing: (a) a draft at sight on COLORADO EAST BANK &TRUST; (b) a (719)537-6800 statement purportedly signed by an official of the Board of County Fax(719)537-6491 Commissioners of Weld County, Colorado stating that we have received notice from COLORADO EAST BANK & TRUST the Letter of Credit No. 76 will not be renewed and the Applicant has failed to provide proof of adequate collateral Springfield and substitution of the Letter of Credit No. 76; (c) copy of letter from (719)523-6900 COLORADO EAST BANK & TRUST stating non-renewal of Letter of Credit Fax(719)523-6743 No. 76 and the original letter of credit. Y tlrs trul , La Junta , � (719)384-2000 • Fax(719)384-8587 Colorado E st &Trust Dennis Dou President Keenesburg (303)732-0100 Fax(303)732-9284 LaSalle (970)284-0211 Fax(970)284-0136 Dacono (303)833-9972 Fax(303)833-9973 Pueblo (719)584-2000 Fax(719)584-2652 Pueblo West (719)547-4488 Fax(719)647-1117 Chartered 1905) `1 MEMORANDUM WilDc TO: Board of County Commissioners COLORADO. DATE: November 5, 2007 FROM: Michelle Martin ,'') ✓� SUBJECT: USR-1578 The Department of Planning Services received an irrevocable letter of credit for the Private Improvements Agreement for USR-1578 (A Site Specific Development Plan and a Special Review Permit for a business permitted as a use by right or accessory use in the Commercial or Industrial Zone District (conference center, weddings, wedding receptions, wedding seminars, meetings, life celebrations, reunions, bridal showers, baby showers, bar mitzvahs, bat mitzvahs, music recitals, wakes, and community gatherings) in the A (Agricultural) Zone District). The collateral for the Improvements Agreement is in the amount of one hundred sixty one thousand seven hundred sixty dollars and four cents ($161,760.04) 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-1578. • Weld County Planning Department • GREELEY OFFICE OCT 1 2 2007 MEMORANDUM RECEIVED TO: Michelle Martin, Planning Services DATE: October 11, 2007 FROM: Donald Carroll, Engineering Administrator frb C SUBJECT: USR-1578, Ribbons 'N' Rainbows COLORADO The Weld County Public Works Department has reviewed the Exhibit A portion of Improvements Agreement According Policy Regarding Collateral for Improvements (private road maintenance) and we accept the estimated construction costs as being reasonable to complete the project. All other non-transportation items should be verified by Planning Services prior to scheduling. pc: USR-1578 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1578-A.DOC Hello