HomeMy WebLinkAbout20071369.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE
CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR SITE PLAN REVIEW, SPR#401 -
STAGECOACH PARTNERS, LLC, C/O FLOYD AND KATHARINE OLIVER
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 October 17, 2006, the Department of Planning Services approved a Site
Plan Review, SPR#401, for Katharine H. Oliver, LLC, do Floyd Oliver, 2385 Homestead Place,
Longmont, Colorado 80504, for an office building on the following described real estate, to-wit:
Lot 3, Block 1,Western Dairymen Cooperative, Inc.;
being part of the NW1/4 of Section 10, 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(Private
Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Stagecoach Partners, LLC, c/o Floyd and Katharine
Oliver, with terms and conditions being as stated in said agreement, and
WHEREAS,the Board has been presented with Irrevocable Standby Letter of Credit#6022
from Centennial Bank of the West, 4650 Royal Vista Circle, Fort Collins, Colorado 80528, in the
amount of$173,060.00, 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(Private Road Maintenance)between the County of Weld, State of Colorado,by and
through the Board of County Commissioners of Weld County, and Stagecoach Partners, LLC, c/o
Floyd and Katharine Oliver, be, and hereby is, approved.
BE IT FURTHER RESOLVED that Irrevocable Standy Letter of Credit #6022 from
Centennial Bank of the West, 4650 Royal Vista Circle, Fort Collins, Colorado 80528, in the amount
of$173,060.00, be and hereby is, accepted.
2007-1369
00 rL,Pa),
c) /V/1- PL1898
IMPROVEMENTS AGREEMENT- STAGECOACH PARTNERS, LLC, C/O FLOYD AND
KATHARINE OLIVER, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,adopted by
the following vote on the 14th day of May, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WELInLJNTY, COLORADO
ATTEST: ,ot 4k / '� �` IEL nor
id E. Long, Chair
Weld County Clerk to the Bo-r 861
SED
v •� H. J e, Pro-Tem
BY:
Deputy CI- k to the Board � 1�
Wii'.m F. Garcia
APP D AS • a b
Robert D. Masde
unty Attorney
Douglas icauemacher�'�
Date of signature:
2007-1369
PL1898
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this 9 day of �per(L. , 201, by and between
the County of W eld,State of Colorado,acting through its Board of County Commissioners,hereinafter called"County,"
and'57/ercc6c)•,l LLG. hereinafter called "Applicant."
ROKIP•I s
WITNESSETH:
WHEREAS,Applicant is the owner of,or has a controlling interest in the following described property in the
County of Weld,Colorado:
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3C,o01 WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be known as
67bacco.6a)-1 1-0.k 0 H OY171-1- ___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 improve ments 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 Exhibits "A"and "B"of this Agreement.
NOW,THE RE FORE,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.
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 ro ads within the Subdivision o r Planned Unit
Development to the County for approval prior to the letting of any construction contract. Applicant
shall furnish one set of reproducible"as-built"drawings and a final statement of construction cost to
the County.
2.0 Rights-of-Way and Ease ments: 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 imp rovemen ts.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit
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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 C ounty.
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 offices, 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.
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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 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 thatthe 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 ofa positive
unqualified recommendation from the County Engineer for approval of streets withinthe 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 ofCounty 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 acceptab 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 he
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 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 develop ment by means of design ating 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 coy ered 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 C ounty. The Letter of Credit shall state at least the following:
8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred percent(100%)of the
total value of the improvements as set forth in Section 6.0 and Exhibits "A" and "B."
8.1.2 The Letterof Credit shall provide for paymentupon demand to Weld County if the developer
has not performed the obligations specified in the Improvements Agreement and the issuer
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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 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 Credit shall speci6f that the date of propos ed 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%)o f the cost of the improvements a.s set forth in the Improvements Agreement
plus all costs of sale of the property.
8.2.2 In the event property other thanthe property to be developed has been accepted as collateral
by Weld County,then an appraisal is required of the property by a Member of the Institute
of Real Estate Appraisers(M.A.I.) indicating that the value of the property encumbered in
its current state of development is sufficient to cover One-Hundred percent(100%) of the
cost of the improvements as set forth in the Improvements Agreement plus all costs of sale
of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is
senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the amount specified
in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as
specified in the agreement and for no other purpose and will not release any portion of such
funds without prior approval of the Weld County Board of Commissioners.
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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 es crowed 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(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 ifthe fire hydrants are operational and
state the results of fire flow tests.
9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction plans.
9.7 Following the 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 govemmental entity,special district
or utility comp any.
9.9 The warranty collateral shall be released to the applicant upon final approval by the Board of C ounty
Commissioners.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners,pursuant to a rezoning,Subdivision
or Planned Unit Development,requires the dedication,development and/or reservation of areas or sites other
than Subdivision or Planned Unit Development streets and utility easements of a character,extent and location
suitable for public use for parks,greenbelts or schools,said actions shall be secured in accordance with one of
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the following alternatives,or as specified in the Planned Unit Development(PUD)Plan, if any:
10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations
shall be dedicated to the County or the appropriate school district,for one of the above purposes. Any
area so dedicated shall be maintained by the County or school district.
10.2 The required acreage as determined according to Chapter 24 of the Weld County Code, may be
reserved through deed restrictions as open area,the maintenance of which shall be a specific obligation
in the deed of each lot within the Subdivision or Plan ned 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 B oard and the Applicant. The cash collected shall be deposited in an escrow account
to be expended for parks ata 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 kind.
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IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on theday and year
first above written.
APPLICANT: 7 � '!l, � A
APPLICANT:
Picot 66.!44 M6N[!5aa
TITLE: _'Sldtlie_OdklPKIOPena)dS _f i.,<.
Subscribed and sworn to before me this_� day of \V� \ _, 20(`: 1 . ll ft1/4 aok.
My Commission expires: �,y_s s ', s. ,',(: +y % M/1k
'"`Notary P is n = e
\(tpJeLtC
iiiiiOF'CO O�P�����.
ATTEST: MI/II
�/ •• ` BOARD OF COUNTY COMMISSIONERS
7 op: ' D COUNTY, COLORADO
Weld County Clerk to the Board ' 1161 :�.�.-t ii�"
Nel allP id E. Long , Ih r MAY 1 4 2007
BY: CU 4 anCcCI, (Li --CC
De ty Clerk the Board
APPROVED AS TO FORM:
ou Attorney �_
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2oo2—/3. 2
EXHIBIT "A"
Name of Subdivision
or Planned Unit Development w0 6-7e62.0 DblflvMan1 Coop 47)fir. lffG-
Filing:
Location: L. I
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 4.i 112
Street grading
Street base
Street paving 59 ')S
Curbs,gutters,and culverts 157 66.336
Sidewalk N E.
Storm sewer facilities
Retention ponds
Ditch Improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On-site sewage facilities ) 21O
On-site water supply and storage 2;tagp
Water Mains(includes bore)
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street Names
Fencing requirements
Landscaping 44 060
Park improvements
Road culvert
Grass lined swale
Telephone 2,'-4.o
Gas '51,
Electric .t Sea
Water transfer
SUB-TOTAL: I t,% 44.p
Engineering and Supervision Costs$Air DG
(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 $ 113, mod
The above improvements shall be constructed in accordance with all County requirements and specifications, and
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conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Said improvements shall be co pleted according to the construction schedule set out in Exhibit"B."
By: 7.-406/1-102-A—C..1Appli
Applicant
146st oa101M*Mer4.
iel a ceec l Ftufixn 1.Le.. Date: bVML. , 20O7 .
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 W SScttllpSb7w€ lNG.
Filing.
Location:
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 years 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 Ca. I6t Z&O"7
Street base
Street paving
Curbs, gutters, and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water mains
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water Transfer %Fe
SUB-TOTAL:
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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 improvements shown above,upon a showing by the Applicant that the above schedule cannot be met.
By:
Applicant
Applicant
Itaiat4IGjlcv ItaMaff2 t74Ct w CO4c. Aattio 'lpa L4.4, Date: blow_ p 1 -, 20 O7 _.
Title
(If corporation,to be signed by President and attested to by Secretary, together with corporate seal.)
HID 11111 111111 Illl lllll I'llI SHIN 111111 III IIII
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CENTENNIAL` ,z
Bank of the West
IRREVOCABLE STANDBY LETTER OF CREDIT
NO. 6022
DATE OF ISSUE: May 1, 2007
AMOUNT: $173,060.00
EXPIRY I)Am: March 28, 2008 at our counters 3:00PM
Beneficiary:
BOARD OE COUNTY COMMISSIONERS
WELD COUNTY
P.O. Box 758
Greeley,•CO 80632
Gentlemen:
We hereby our Irrevocable Standby Letter of Credit for the account of
STAGECOACH PARTNERS LLC, ("Customer") 2385 Homestead P1, Longmont,
CO 80504 in your favor in the aggregate amount not exceeding ONE HUNDRED
SEVENTY THREE THOUSAND AND SIXTY AND 00/100THS US Dollars
(USD$173,060 00).
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. Statement, purportedly signed by an authorized representative of the Board of
County Commissioners of Weld County, Colorado stating that:"Stagecoach Partners
LLC has failed to complete their obligations as specified in that certain Agreement
between Stagecoach Partners LLC and the Board of County Commissioners of Weld
County and that Weld County is entitled to draw on this Letter of Credit".
This statement, signed by the beneficiary pursuant to the preceding paragraph, shall
be conclusive to such matters.
This Letter of Credit is automatically extended without amendment, for additional
one year periods from the current expiration or any future expiration date at least
sixty (60) days prior to such current expiration date CENTENNIAL BANK OF THE
WEST notifies the Beneficiary in writing that the Letter of Credit will not be
renewed. In the case you receive such a notification, you may draw by presentation
of the following: (a) a draft a sight on CENTENNIAL BANK OF THE WEST; (b) a
statement purportedly signed by an official of the Board of County Commissioners
Page 2
IRREVOCABLE LETTER OF CREDIT
NO. «Number*
This page shall be attached to and become an integral part of the above referenced
Letter of Credit
of Weld County, Colorado stating that we have received notice from CENTENNIAL
BANK OF THE WEST the Letter of Credit No.6022 will not be renewed and that
STAGECOACH PARTNERS LLC has failed to provide proof of adequate collateral
and substitution of this Letter of Credit No.6022; (c) copy of letter from
CENTENNIAL BANK OF THE WEST stating non-renewal of Letter of Credit
No.6022 with the original Letter of Credit.
Except as otherwise expressly stated herein this credit is subject to the Uniform
Customs and Practice of Documentary Credits (1993 Revision) International
Chamber of Commerce, Publication 500, or any current revision.
Any draft presented must bear the words "Drawn under CENTENNIAL BANK OF
THE WEST Irrevocable Letter of Credit No. 6022 dated May 1, 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".
Please address all communications regarding this Letter of Credit to the attention of
Centennial Bank of the West, 4650 Royal Vista Circle, Fort Collins, CO 80528,
mentioning specifically our Irrevocable Letter of Credit No. 6022, issued for the
account of STAGECOACH PARTNERS LLC.
We hereby agree with drawers and endorsers, and bona fide holders of drafts
negotiated under this Letter of Credit that the same shall be duly honored upon
presentation and delivery of the documents as specified above.
Sincerely,
CENTENNIAL B THE WEST
Mel Green
Branch President
avieci MEMORANDUM
WITO: Board of County Commissioners
COLORADO DATE: May 3, 2007
FROM: Michelle Martin
SUBJECT: SPR-401
The Department of Planning Services received a letter of credit for the Private Improvements
Agreement for SPR-401 (Site Plan Review for an office building).
The collateral for the Improvements Agreement is in the amount of One Hundred Seventy
Three Thousand and Sixty dollars ($173,060.00) for on-site improvements.
After review of the collateral by the Weld County Attorney, the Department of Public Works and
Department of Planning Services, it has been determined that the amount of the agreement will
be sufficient to complete the on-site improvements required for SPR-401.
' County Planning Department
rnrFj ry frr'rr
Ott titMEMORANDUM `pfr o ` %u p
RECEiveD
TO: Michelle Martin,W Plan�ning D patment DATE: 5-April-2007�• FROM: Jesse Hein,Pu orks Department
COLORADO SUBJECT: SPR-401,Katherine Oliver LLC (Site Plan Review)sign-off
Weld County Public Works Department has reviewed this Site Plan Review request. Comments made during this
phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining
application process.
Comments
This memorandum is a follow up to comments dated February 13, 2007.
❑ All requirements and recommendations from previous memorandums of the Public Works Department have
been met.
❑ The applicant may proceed forward to Planning with no known issues.
Recommendation
❑ The Public Works Department signs off on this site plan review.
applicant Slt aai ^C see a'a a y.ne. #h) qa ie.>,a'E t ee. s tl B"Only
orkg wllen-al>_ a�,geje ' a a a t lal
4i : { .11 9 4 iiiaya' 1f
PC: SPR-401, Katherine Oliver LLC(Site Plan Review)sign-off
Email&Original: Michelle Martin
PC by Post: Floyd Oliver
PC by Post: Axiom Design, P.C.
PC by Post: Alliance Consulting Engineers and Surveyors
r..... ., .. , w,. . M_ Page 1 of 1
02/02/2007 13:36 303776. .' . WARD:LANDSCAPE PAGE 01/02
FAX
Ward Landscape, Inc
9165 Nelson Rd
Longmont, CO 80503
Phone: 303.776.7991 Fax: 303.776.9033
From: Steve Ward Date: 2/2/2007
To: Michelle Fax: 303-484-5101
Attn: RhinoTrax Pages: 2
Michelle, I had to adjust the rock from Cobble to 1.5" river rock.
This price includes an irrigation design.The price is also based.on 15 day payment
after the invoice is submitted..
Thanks
Steve Ward
Owner
02/02/2007 13:38 303776_ WARD:LANDSCAPE PAGE 02/02
WARDS Landscape Inc.
W91.65 Nelson Road,Longmont, CO 80503 303-776-7991 Fax 303-776-9033
P.O.Box 508,Windsor, CO 80550
r'l rel.," 970-223-9595
W —s www.wardslandscape.com
February 2,2007
Spitfire Office Building
Schedule of Items
Lot 3, Block 1 Approx. Units
Item description Quantity
Irrigation system as designed and specified 1 Is
Install sleeving for all beds, lines, and wires 1 Is
Soil preparation for fescue sod 12,258 sf
Fescue sod as specified 12,258 sf
1.5"river rock specified with fabric 7,284 sf
Edging 278 If
Deciduous Trees 2.5 inch 10 ea
Evergreen Trees 6' 11 ea
Deciduous Trees 1.5" 16 ea
Deciduous shrubs #5 36 ea
Evergreen Shrubs #5 34 ea
TOTAL $ 44,000.00
Exclusions:
I. Water supply tap and meters and any associated plumbing prior to hlackflow.
2. Water supply for irrigation must be above ground and stubbed out of buildings.
3. Must have power to clock.
4. Grade must be+/- 1/10' including berms and crusher fine path.
5. Import.Export,stockpiling,or redistribution or spreading of topsoil.
6. Site fixtures including tree voids.and play!romul equipment.
7. Boring for sleeves or pipe.
8. Any landscape requirements not listed above.
9. Clearing,grubbing.demolition.and existing tree removal.
10. Seed or Sod repair due to construction except as bid above.
11. Existing tree protection.
12. Retaining walls.planter walls
I I. Tempontry erosion control.
Steven 3 Ward
CEO
Page 1 of 1
Michelle Martin
From: Michelle Martin
Sent: Monday, April 16, 2007 9:44 AM
To: 'Patrick & Linda Tyler'
Cc: Jesse Hein
Subject: RE: Spitfire Building
HI Patrick,
The Department of Planning Services and the Department of Public Works has reviewed
the Improvements agreement for SPR-401 and agrees with the amount of $173,060. The
plats will need to reflect the changes from 4-6" river rock to 1.5" river rock. I
recommend you submit the entire packet for the improvements agreement so I can
forward it to the BOCC for their approval. Let me know if you have any questions.
Planner II
4209 CR 24.5
Longmont, CO 80504
mmartin@co.weld.co.us
PHONE: (720)652-4210 x 8730
FAX: (720) 652-4211
From: Patrick& Linda Tyler [mailto:axiomdesignpc@comcast.net]
Sent: Wednesday, April 11, 2007 11:16 AM
To: Michelle Martin
Subject: Spitfire Building
Michelle,
Here is the landscaping bid you requested for the Private Improvements Agreement. Please let me know if
there is anything else you need,and whether
Public Works has approved the numbers for the rest of the site work. We hope to get this last bit
resolved as soon as possible, as we want to submit for
full building permit.
Patrick
04/16/2007
Page 1 of 1
Michelle Martin
From: Jesse Hein
Sent: Thursday, April 05, 2007 2:54 PM
To: Michelle Martin
Subject: RE:
Hey Michelle,
I've reviewed both cases; each meets the requirements of Public Works. A sign-off memo for each case will be
following.
Please let me know if you have any questions or concerns.
Thanks
Jesse
From: Michelle Martin
Sent: Friday, March 30, 2007 1:43 PM
To: Jesse Hein
Subject:
•
Hi Jess,
SPR-401 and SPR-407 are just about ready to be recorded do you have any
outstanding issues besides the improvements agreements?
alb dn
Planner II
4209 CR 24.5
Longmont, CO 80504
mmartin@co.weld.co.us
PHONE: (720) 652-4210 x 8730
FAX: (720) 652-4211
•
04/09/2007
Extreme Competence-.
C. Absolute Integrity!
''C N, 4 . i m n s ; - q :. I , d o
March 13, 2007
TO: Weld County
Ms. Michelle Martin
FROM: Michele Noel
RE: Spitfire Office Building—Private Improvements Cost Projections
Pursuant to your request detailed below is an itemized summary of the site improvement costs for the above
referenced property.
Description of Work Value
Sediment& Erosion Control $3,058
Site Demolition $7,653
Earthwork $44,762
Site Utilities $18,352
Survey(site controls only no building controls included) $3,820
Asphalt Paving $59,578
Site Concrete $44,372
TOTAL $181,595
If you have any additional questions please do not hesitate to contact our office.
3311 Harmony Court Berthoud, Colorado 80513 • (303) 682-9906 Office • (303)-484-5101 Fax
Hello