HomeMy WebLinkAbout20061777.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE ), AUTHORIZE
CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR PLANNED UNIT DEVELOPMENT
FINAL PLAN, PF #1077 - HARVEY AND OLGA MARKHAM
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 1, 2005, the Department of Planning Services staff approved a
Planned Unit Development Final Plan, PF#1077,for Harvey and Olga Markham,650 Highway 56,
Berthoud, Colorado 80513, for Markham View Estates Planned Unit Development for six (6)
residential lots with E (Estate) uses on the following described real estate, to-wit:
Lot B of Recorded Exemption 3667; being part of the
N1/2 NE1/4 of Section 19, Township 4 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 Harvey and Olga Markham,with terms and conditions
being as stated in said agreement, and
WHEREAS, the Board has been presented with Irrevocable Letter of Credit#00348 from
Centennial Bank of the West, 1401 South Taft Avenue, Loveland, Colorado 80537, in the amount
of $118,474.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Irrevocable Letter of Credit as stated above, copies of which are attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for
Improvements(Public Road Maintenance)between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and Harvey and Olga Markham, be,
and hereby is, approved.
2006-1777
PL1776
CO ; Pl, PI 60/9)
IMPROVEMENTS AGREEMENT- HARVEY AND OLGA MARKHAM
PAGE 2
BE IT FURTHER RESOLVED that Irrevocable Letter of Credit#00348 from Centennial
Bank of the West, 1401 South Taft Avenue, Loveland, Colorado 80537, in the amount of
$118,474.00, be and hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 5th day of July, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 'te*i1 ' w ," "," - EXCUSED
. J. 'le, Chair
Weld County Clerk to th
�_U'LL1 ( t0 Fv David E. Long, ro-Tem
BY:
De ty Cler to the Board - )7
Wi • m Jer e
rF :
CRoMas n
Glenn Val
Date of signature: 11140(o
1 4C('
2006-1777
PL1776
IMPROVEMENTS AGREEMENT AC CORDING TO
1j POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLIC ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this 5`day of t / ,20a-,by and between
the County of W eld,State of Colorado,acting through its Board of County C mislion ers,hereinafter c ailed"County,"
and JAL-A.4:7 /c. %Y7/3,C,t/Jr)01 hereinafter called"Applicant."
WITNESS ETH:
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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WHEREAS, a final Subdivision/Planned Unit Development (PUD) Plat of said property, to be known as
fyli.�,LICtts?"i.t I (.mot lac„ TA-6,, has been submitted to the County for approval;and
WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Plat,Plan ned Unit
Development Final Plat,or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision
Improvements Agreement guaranteeing the construction of the public improvements shown on plans,platsand supporting
documents of the Subdivision Final P 1at,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,THERE 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 fisted 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 establi shed 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 Before
acceptance of the roads within the Subdivision or Planned Un it Development by the County,Applicant
shall furnish one set of reproducible"as-built"drawings and a final statement of construction cost to
the County.
2.0 Rights-of-way and Easements: Before commencing the construction of any improvements herein agreed upon,
Applicant shall acquire,at its own expense,good and sufficient rights-of-way and easements on all lands and
facilities traversed by the proposed improvements. 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.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit
t
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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"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 b 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.
5.0 Off-Site Improvements Reimbursement Procedure: The subdivider,applicant,or owner maybe reimbursed for
off-site road improvements as provided in this section when it has been determined by the Board of County
Commissions that the road facilities providing access to the Subdivision or Planned Unit Development are
not adequate in structural capacity,width,or functional classification to support the traffic requirements of the
uses of the Subdivision or Planned Unit Development.
5.1 The subdivider, applicant, or owner shall enter into an off-site improvements agreement prior to
recording the final plat when the subdivider,applicant,or owner expects to receive reimbursement fin
part of the cost of the off-site improvements.
5.2 The off-site improvements agreement shall contain the following:
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The legal description of the property to be served.
The name of the owner(s)of the property to be served.
- A description of the off-site improvements to be completed by the subdivider,applicant.or
owner.
The total cost of the off-site improvements.
The total vehicular trips to be generated at build-out by the Subdivision, Resubdivision,or
Planned Unit Development,as specified by the ITE Trip Generation Manual,or by special
study approved by the Board of County Commissioners.
A time period for completion of the off-site improvements.
The terms of reimbursement.
The current address of the person to be reimbursed during the term of the agreement.
Any off-site improvements agreement shall be made in conformance with the Weld County
policy on collateral for improvements.
5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement, the
opportunity to obtain reimbursement under this section is forfeited.
5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a
Subdivision,Resubdivision,or Planned Unit Development will use a road improvement constructed
under an improvem ents agreem ent,the subsequent subdivider,applicant,or owner shall reimburse the
original subdivider,applicant,or owner, for a portion of the original construction cost. In no event
shall the original subdivider, applicant, or owner collect an amount which exceeds the total cost of
improvements less the pro rata share of the total trip impacts generated by the original development.
Evidence that the original subdivider,applicant, or owner has been reimbursed by the subsequent
subdivider, applicant or owner shall be submitted to the Department of Planning S ervices prior to
recording the Subdivision,Resubdivision,or Planned Unit Development Final Plat.
5.5 The amount of road improvement costs to be paid by the subsequent subdivider,applicant,or owner
of a Subdivision, Resubdivision, or Planned Unit Development using the road improvements
constructed under a prior improvement agreement 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 road improvement. The amount of road improvement
costs shall also consider inflation as measured bythe changes in the Colorado Construction Costlndex
used by the Colorado Division of Highways. The cost of road improvements may be paid by cash
contribution to the prior subdivider, applicant or owner, or by further road improvements which
benefit the prior subdivider, applicant, or owner's property. This decision shall be at the sole
discretion of the Board of County Commissioners based upon the need far 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 calc ulating a reaso nable pro rata share of the road improvement
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 the subdivider,applicant,or owner is entitled to reimbursement under the off-site
improvements agreement,entered into between the subdivider and the County, 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 reimburse ment,and in no way is Weld County
to be considered a guarantor of the moniesto be reimbursed by the subsequent subdividers,applicants,
or owners.
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6.0 Acceptance of Streets for M aintenance b v the County: Upon compliance with the followingprocedures by the
Applicant,streets within a Subdivision or Planned Unit Development may be accepted by the County as a part
of the County road system and will be maintained and repaired by the County.
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
acceptance of said portions.
6.2 County may, at its option, issue building permits for construction on lots for which street
improvements detailed herein have been started but not completed as shown on Exhibit"B,"and may
continue to issue building permits so long as the progress of work o n the Subdivision or Planned Unit
Development improvements in that phase of the development are 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 the streets and recommend thatthe 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(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 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 fim11 maintenance of said streets including repair.
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 collatera 1 shall be submitted and the plat recorded within six(6)months
of the Final Plat approval. If acceptable collateral has not been submitted within six(6)months then
the Final Plat approval and all preliminary approvals shall automatically expire. An 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 Aereement be
renewed at least thirty (30)days prior to its expiration and further provides that cost estimates for
the remainine improvements are updated and collateral is provided in the amount of One-Hundred
percent(100%)of Me value of the improvements remaining to be completed. If improvements are not
completed and theagreemmt notrenewed within these time frames,the County,at its discretion,may
make demand on allor a portion of the collateral and take stepsto 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 Plan or Subdivision Final Plan. The applicant would need only to
provide collateral for the improvem ents in each filing as approved. The County will place restrictions
on those portions of the property that are notcovered 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." The costs of the
improvements described in Exhibit"A"will be adjusted higher or lower for the year and quarter in
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which the contemplated work is being performed based on "The State Highway Bid Price Index"
contained in the "Quarterly Cost Report" of The Engineering News-Record as published by The
McG raw-Hill Companies. The applicant has provided costestimates forall phases of the development
which will be adjusted in accordance with The State Highway Bid Price Index at the time of posting
of collateral for each phase.
8.0 Improve ments Guarantee: The five types of collateral listed below are acceptable to We Id 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 sate 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 improvem ents as set forth in Section 6.0 and Exhibits"A" and "B."
8.1.2 The Letter of Credit shallprovide for payment upon demand to Weld County if the developer
has not performed the obligations specified in the Improvements Agreement and the issuer
has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this
policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times,the unreleased portion of
the Letter of Credit shall be equal to a minimum of One-Hundred percent (100%) of the
estimated costs of completing the uncompleted portions of the required improvements,based
on inspections of the development by the issuer. In no case shall disbursement for a general
improvement item exceed the cost estimate in the Improvements Agreement(i.e., streets,
sewers,water mains and landscaping,etc.). The issuer of the Letter of Credit will sign the
Improvements Agreement acknowledging the agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit
amount cannot be drawn upon and will remain available to Weld County until released by
Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit
shall be either the date of release by Weld County of the final fifteen percent(15%),or one
year from the date of Final Plat approval,whichever occurs first. Said letter shall stipulate
that, in any event, the Letter of Credit shall remain in full force and effect until after the
Board has received sixty(60)days written notice from the issuer of the Letter of Credit of
the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board
of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board
of County Commissioners provided that the following are submitted:
8.2.1 In the event property within the proposed development is used as collateral,an appraisal is
required of the property in the proposed development by a disinterested Member of the
American Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the
property encumbered in itscurrent degree of development is sufficient to cover One-Hundred
percent(100%)o f the cost of the improvements as set forth in the Improvements Agreement
plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been accepted as collateral
by Weld County,then an appraisal is required of the property by a Member of the Institute
of Real Estate Appraisers(M.A.I.)indicating that the value of the property encumbered in
its current state of development is sufficient to cover One-Hundred percent(100%) of the
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cost of the improvements as set forth in the Improvements Agreement plus all costs of sale
of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is
senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the amount specified
in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as
specified in the agreement and for no other purpose and will not release any portion of such
funds without prior approval of the Weld County Board of Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution.
8.3.4 If Weld County determines there is a default of the Improvements Agreement,the escrow
agent,upon req nest 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 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 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants am in place
in accordance with the ap proved plans. The letter shall indicate ifthe fire hydrants are operational and
state the results of fire flow tests.
9.6 The requirements in Sections 9.0 thru 9.5 shall be noted on the final construction plans.
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9.7 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.
9.8 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 acceptance by the B oard of County
Commissioners for full maintenance under Section 5.3 herein.
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 ofa character,extent and location
suitable for public use for parks,greenbelts or schools,said actions shall be secured in accordance with one of
the following alternatives,or as specified in the Planned Unit Development plan,if any:
10.1 The required acreage,as may be determined by relevant Sections of the Weld County Code,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 by relevant Sections 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 o r 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 by relevant Sections
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 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 land.
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IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year
first above written. n
APPLICANC (2.14/
APPLICANT:
TITLE: nn,,//--
Subscribed and sworn to before me ihis)gl day of , 20 Vl1q
My Commission expires: KELLEY EROS
ublic Notary Public
5/31/0(9 Nate of Colorado
ATTEST: '°, BOARD OF COUNTY COM MISSIONERS
" 1 f *,` WELD OUNTY, COLORADO
w ' s
126
#,jr:
Weld County Clerk to the Board David E. ong , h r ro—tem
4
®JJp "` s /7/05/2006
BY: ,:1�' tlJetr.�
e uty Cter to the oard
APPROVED AS TO FORM
ounn Attorn W3404115 07/1912006
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EXHIBIT "A"
Name of Subdivision In„,, /7
or Planned Unit Development p A"IC H-0541 Lit 1 ' S
Filing: 1_o B3 RI;co 4Oi ( Ais'ri u4 (5/ ,7- /i/-'/ / I? (27-.316'7
Location: N2 /viz y S/�Gi /cj 'TO t t-,SCh/' N R_ hC>ti- � [J
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or
Planned Unit Development the following improvements. (Leave spaces blank where they do not apply.)
Improvements Quantity Units Unit Estimated Construction
Costs l& Cost
Site grading 0o /P 5
(cif-/ c 3 . -) b3, uc-,
Street grading 31 t Z- -5c yos (2,050 Si O 10 Uri
Street base /N / .3 T.v 12, 63 >
Street paving O77,u c 3. 72
Curbs,gutters,and culverts '� (-3 Fr ,f t.) 2 ;
Sidewalk
Storm sewer facilities C? Cr 3 CL' , 4( S
Retention ponds
Ditch Imp rovemen is
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water Mains(includes bore) t y L.O. t3 ,,,2t)
t J 5b
Fire hydrants / /,./4 41,2 So '-1 /,I 5-.
Survey and street monuments and boxes 3 ' cc,C,
Street lighting /
Street Names Iom-/) a - S 53o
Fencing requirements
Landscaping 32 5 3 450
Park improvements
Road culvert LEO �L1 I
Grass lined swale �/ Lr� ""/�G L
2.c
Telephone
Gas 7 r
Electric
L/ Do
Water transfer /
SUB-TOTAL: / / 3/ 4 i
`
Engineering and Supervision Costs$ '5 U o _ �� [ 1
(Testing,inspection,as-builtplans and work in addition to preliminary and final plat;supervision of actual construction
by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ L l'l ( L1 / L, s,
1111111 11111 11111 1111111 IIII /111111111 III 11111 MI MI
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9 of 12 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
The above improvements shall be constructed in accordance with all County requirements and specifications, and
conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit"B."
ByAPPltca
Applicant
Date: S/o-7-- ,2004
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
1111111 11111111111111111 IIII 11111 III 111111 III IIII
3404115 07/19/2006 02:30P Weld County, CO
10 of 12 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
EXHIBIT "B"
Name of Subdivision
or Planned Unit Development V1,31L!L4;2- x'1 (/ll ZS i3/ s5
Filing 6 LZr-"CoPO/c,) /-134\ / `4 (s7— I `i —� 1Z0= —.14c.
Location: r\.; / 7„./ SzL lei 1 i.�5 of, L(N (Z/L,_, cos, L�
3
All improvements shall be completed within_ ( _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 C'A)-c.(L(I
Street grading &/3i- (L c
Street base 7s ji-r/t1
Street paving SO-VGA
Curbs,gutters,and culverts
Sidewalk
Storm sewer facilities
Retention ponds V /t'
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 7//
Fire hydrants -7(, V101;
Survey and street monuments and boxes Cl/S/dl
Street lighting
Street name signs 5 (.170a
. /o
Fencing requirements l
Landscaping 7.2_y./pj
Park improvements
Road culvert
Grass lined swale CV/ ° 6t
Telephone —20-/CA
Gas
Electric
Water transfer
SUB-TOTAL:
111111111111 VIII III EMI 111111 III 111111 III IIII
3404115 07/19/2006 02:30P Weld County, CO
11 of 12 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 ul improvements shown above,upon a showing by the Applicant that the above schedule cannot be met.
Applicant
Applicant
Date: S -y' .20 U4
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
111111 11111 11111 1111111 1111 11111 111111 III 111111 III 1111
3404115 07/19/2006 02:30P Weld County, CO
12 of 12 R 0.00 O 0.00 Steve Moreno Clerk& Recorder
ete
c ./Cl
CENTENNIAL Z-C
Bank of the West
IRREVOCABLE LETTER OF CREDIT#00348
June 19,2006
Weld County Weld County Planning Department
918 10th Street GREELEY OFFICE
Greeley, CO 80631 JUN 2 9 2006
Re: Harvey R. Markham RECEIVED
Dear Sirs:
The Centennial Bank of the West, 1401 South Taft Avenue, Loveland, CO 80537, hereby
authorizes Weld County(Beneficiary) to draw on us for the above referenced account, up
to a total of ONE HUNDRED EIGHTEEN THOUSAND, FOUR HUNDRED
SEVENTY FOUR DOLLARS AND NO/100 ($118,474.00) such amount not available
except by your drafts at sight, accompanied by written certification from the Board of
County Commissioners of Weld County, Colorado Stating that the above referenced
Applicant had failed to perform as required under the Improvements Agreement executed
by the Applicants on May 22, 2006, covering the Markham View Estates P.U.D.
We hereby further agree that:
(a) Drafts drawn under, and in compliance with the terms of this Irrevocable Letter of
Credit will be duly honored if presented at our office at 1401 South Taft Avenue,
Loveland, CO 80537, on or before June 19, 2007 upon which date this Letter of
Credit shall expire. The Letter of Credit will be automatically extended without
amendment, for additional one year periods from the current expiration date
unless 60 days prior to such expiration date, Centennial Bank of the West notifies
Beneficiary that the Letter will not be renewed.
(b) Funds available under this Irrevocable Letter of Credit may be drawn in such
amounts, and at such times, as determined by the Beneficiary, in its sole
discretion,provided that the amount drawn shall not exceed the aggregate amount
specified herein.
(c) The amount of any draft drawn hereunder must be endorsed on the reverse side
hereof. All drafts must be marked "Drawn under Irrevocable Letter of Credit
#00348, Markham View Estates P.U.D. and be accompanied by this original
Letter of Credit.
Dated this 19th day June, 2006
Centennial Bank f the West
BY;___ -�
Le Tedesco
Branch President, West Loveland
MEMORANDUM
IIiDc To: Board of County Commissioners
COLORADO Date: June 28, 2006
From: Kim Ogle, Planning Manager
Subject: Acceptance of Irrevocable Letter of Credit# 00348
Centennial Bank of the West
Case number PF-1077
Harvey Markham, Applicant
The Department of Planning Services received an Irrevocable Letter of Credit# 00348 from the
Centennial Bank of the West, for Markham View Estates PUD, case number PF-1077 in the
amount of one hundred eighteen thousand four hundred seventy-four (118,474.00) dollars and
no/100s.
Items covered under this Irrevocable Letter of Credit include:
Site Grading June 2006 $ 5,763.00
Street Grading June 2006 $ 8,030.00
Street Base August 2006 $ 17,850.00
Street Paving August 2006 $ 28,500.00
Curbs, Gutters, and Culverts $ 2,030.00
Storm Sewer Facilities August 2006 $ 2,451.00
Water Mains (includes bore) July 2006 $ 24,250.00
Fire Hydrant July 2006 $ 4,250.00
Survey and Monuments June 2006 $ 3,000.00
Street Signs September 2006 $ 575.00
Road Culvert $ 1,600.00
Grass Lined Swale September 2006 $ 3,280.00
Telephone July 2006 $ 900.00
Electric July 2006 $ 14,600.00
Sub-Total: $ 113,974.00
Engineering and Supervision $ 4,500.00
Total Estimated Cost of Improvements and Supervision $ 118,474.00
The Weld County Attorney, the Department of Public Works and the Department of Planning
Services, have determined that the amount of the agreement will be sufficient to complete the
work required for Markham View Estates PUD, and the Department of Planning Services
recommends acceptance of this Irrevocable Letter of Credit.
M:\wpfles\ogle\kim\collateraRPF 1058.wpd
SERVICE,TEAMWORK,INTEGRITY,QUALITY
County ing
DepartmWeld SOUTHWEST BUILDING
Apit0 '�' MEMORANDUM JUN 2 3 2006
RECEIVED
liD
TO: Kim Ogle,Planning Manage DATE: 21-June-2006
O FROM: Peter Schei, P.E., Pub14/W Department
COLORADO SUBJECT: PF-1077 Markham View Estates PUD (Final Plat) sign-off 3
Weld County Public Works Department has reviewed final plan materials and has the following development
referral comments.
Comments
❑ At the request of the Planning Department, our office has reviewed revised Improvements Agreement— Exhibit A as
noted in an email dated,Thursday,June 08, 2006 8:35 AM and found it acceptable.
o That email in part describes our agreement of the estimated costs.
• "Public Works is in receipt of the faxed Improvements Agreement -Exhibit A (updated estimated
costs). Thank you. ...The updated unit costs (street base, street paving, water mains) are
acceptable to Public Works. Public Works finds the updated (on-site) Improvements Agreement
acceptable. Please proceed ahead with this proposed development case with no known items of
concern by our Department. "
Recommendation
❑ The Public Works Department,a third time,effectively `signs-off on this development with no recognized issues.
The Planning Department may proceed with this case,with no restrictions by Public Works
PC:PF-1077 Markham View Estates PUD(Final Plat)sign-off 3
Email&Original:Planner:Kim Ogle
PC by Post: Applicant:Harvey&Olga Markham
PC by Post: Engineer:Messner Engineering.Inc.
Page 1 of 1 _
istard ,
MEMORANDUM
WITO: Kim Ogle, Planning Manager DATE: 14-April-2006
I D C FROM: Peter Schei, P.E., Public Works Department
COLORADO SUBJECT: PF-1077 Markham View Estates PUD(Final Plat) sign-off 2
Weld County Public Works Department has reviewed final plan materials and has the following development
referral comments.
Comments
❑ Upon request by the applicant's engineer, Dennis Messner, P.E. on April 13th, Public Works has revisited the
development comment pertaining to sight-distance-triangles.
o In a memorandum dated 26-August-2005, Mr. Robert Jacobs of Public Works requested sight-distance-triangles be
shown on the final roadway construction plans.
❑ The sight-distance-triangle request is typical, appropriate and aids in the layout of a proposed development / access
point—ensuring no obstructions(i.e. bus shelter, landscape plantings)per AASHTO.
o In this particular development proposal: access is to CDOT SH-56, CDOT has approved the location of the proposed
access through a standard access permitting process (copy in case file), and the current paved roadway surface lies
"well within"the current roadway right-of-way.
❑ The final plat note states that the sight-distance-triangles lie entirely within the CDOT right-of-way — and therefore
were not shown. Public Works concurs with this statement. The applicant would be prohibited from placing objects
(not permitted)within the CDOT right-of-way.
O Sight-distance-triangles would not lie within any part of the applicant's property. Right-of-way in addition to the
existing dedication has been shown reserved on the final plat— furthering any opportunity for the applicant to place
objects in a sight-distance-triangle.
o In Public Works memorandum dated 07-February-2006, it was determined that the submitted final construction
drawing plans were acceptable to this Department ... sight-distance-triangles were discretionary based upon the
above findings.
o Sight-distance-triangles are discretionary for the proposed development access point and do not need to be shown on
the final construction drawings.
❑ Any objects or item placed within CDOT right-of-way (not already permitted) shall be cleared with said agency.
Recommendation
❑ The Public Works Department, again, effectively `signs-off' on this development with no recognized issues.
The Planning Deparknent;iiiASI proceed with this CaSq wtth rio restrictions by Public Works.
PC:PF-1077 Markham View Estates PUD(Final Plat)sign-off 2
Email&Original:Planner Kim Ogle
PC by Post: Applicant.Harvey&Olga Markham
PC by Post: Engineer:Messner Engineering,Inc.
___-__ Page 1 of 1 -
ttirsi MEMORANDUM
WITO: Kim Ogle, Planning Manager DATE: 07-February-2006
ID C. FROM: Peter Schei, P.E., Public Works Department
COLORADO SUBJECT: PF-1077 Markham View Estates PUD (Final Plat) sign-off
Weld County Public Works Department has reviewed final plan materials and has the following development
referral comments.
Comments
❑ The applicant has submitted a revised Public Improvements Construction Plans for Markham View Estates — P.U.D.
(PF-1077), sealed 15-December-2005, by Messner Engineering, Inc. which are acceptable to Public Works.
❑ The applicant has submitted an additional three (3) sets of construction plans for use by Public Works' inspectors,
which are acceptable to our Department.
❑ This completes requirements requested per the last email prepared by Robert Jacobs (Public Works) to Kim Ogle
(Planning)dated Friday, September 30, 2005.
Recommendation
❑ The Public Works Department effectively `signs-off on this development with no recognized issues.
The Plann'irig bepartriiaht may pi�ieeed`witN'ttts ease;vvatfi''no resti•ietiohs by`Public WtirTcs.
PC:PF-1077 Markham View Estates PUD(Final Plat)sign-off
Email&Original:Planner.Kim Ogle
PC by Post: Applicait Harvey&Olga Markham
PC by Post: Engineer:Messner Engineering,Inc
Page 1 of 1 —
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
WIlD
P. O. BOX 758
GREELEY, COLORADO 80632
C.
COLORADO
June 24, 2009
CENTENNIAL BANK OF THE WEST
1401 SOUTH TAFT AVENUE
LOVELAND, COLORADO 80537
RE: Letter of Credit#00348 for Harvey and Olga Markham
Ladies and Gentlemen:
This letter shall act as a reminder of your obligations to the Board of County Commissioners of Weld
County under the above-referenced Letter of Credit.
As you are aware, on the 19th day of June, 2006, Centennial Bank of the West issued a Letter of Credit
on behalf of Harvey and Olga Markham/Markham View Estates PUD, naming the Board of County
Commissioners of Weld County, Colorado as beneficiary. The dollar amount of the Letter of Credit was
established at One Hundred Eighteen Thousand, Four Hundred Seventy-four and no/100
($118,474.00).
The terms of the Letter of Credit require that it be maintained by your institution until the 19th day of
June, 2007, with auto renewal unless 60 days notice is provided. If you believe that the Letter of Credit
has expired, please contact me immediately, as you are required under the terms of the Letter of Credit
to replace it.
If you have any questions regarding this letter or your obligations under the Letter of Credit, or if you
disagree with any of the statements contained herein, please call Donna Bechler, at 970-356-4000,
ext. 4227, or e-mail me at dbechler@co.weld.co.us.
iic t /tYL rLe Az- /Let,
Very truly yours, .y CLe2
�� ���u li p., �� C°d ti, �� ;�tr c/
D eat I (A
Donald D. Warden �� �tZi '' ����
Clerk to the Board �C (96/1-
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pc Harvey and Olga Markham
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City,Stat•ve%Qi, 77C_ ll -------------------'49PS Form 3800,June 2002 // • /✓s
See Reverse for Instructions
SENSE•: Ca M•�ETE THIS SECnaN COMPLETE THIS sEcrrn roN oFu�av
• Complete items 1,2,and 3.Also complete A. Signature •
item 4 if Restricted Delivery is desired. XL('-i11
,�n H Agent
• Print your name and address on the reverse a ❑Addressee
so that we can return the card to you. B. Received by(Printed Name) C. D- a of Delivery
• Attach this card to the back of the mailpiece, ,,
or on the front if space permits.
1, Article Addressed to: D. Is delivery address different from item 1? ❑Yes
If YES,enter delivery address below: O No
&4'&t1//, 4457
He rdc'/ r%i'e
elje/67/0/ (0 ClejS 47 3. =Type
Pied Mail ❑Express Mail
O Registered S'fietnrn Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7005 1820 0003 5225 1973
(�iansfer from service label)
PS Form 3811,February 2004 Domestic Retum Receipt 102595-02-M-1540
DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
918 Tenth Street
D 1 Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
O E-MAIL: kogle@co.weld.co.us
PHONE (970) 353-6100, EXT. 3549
• FAX(970) 304-6498
COLORADO
July 1, 2009
Harvey and Olga Markham
650 State Highway 56
Berthoud, CO 80513
Subject: Collateral for Markham View Estates PUD, PF-1077
Letter of Credit#00348 for Harvey and Olga Markham
Dear Mr. Markham
On June 24, 2009 the Clerk to the Boards office submitted a letter to Centennial Bank of the
West, dba Guarantee Bank and Trust of Loveland, Colorado. The letter served as a reminder of
the bank's obligation to the Board of County Commissioners under the above referenced Letter
of Credit.
Mr. Tom Kula, representative for Guarantee Bank and Trust of Loveland, Colorado indicated in a
telephone conversation with Donna Bechler, Deputy Clerk to the Board that the bank did not
want to renew this Letter of Credit. The bank requested that the County send a Notice.
Review of the Improvements Agreement and case file for Markham View Estates PUD, land use
case#PF-1077 determined that all site improvements were to be completed by September
2007, per this recorded agreement between Mr Markham and the Board of County
Commissioners. As of July 1, 2009 there are two site improvements which require address.
Representatives with the Department of Planning Services and Public Works performed a site
investigation in May and June 2009 respectively. Public Works identified cracking of the internal
bituminous road and Planning determined that the bus shelter had not been placed on site.
Mr. Ogle, representative for the Planning Department spoke with Mr Markham, the property
owner/developer on Wednesday July 1, 2009. Mr. Markham indicated that he had performed a
topical surface treatment and filled the internal road cracks with an unknown fill material. He
indicated that this treatment appeared to be successful. Additionally, it is his intention to install
the required bus shelter in the location identified on the Final plat within the next 90 days.
It is the understanding of this office that the internal road has not been accepted by the
Department of Public Works, as the one year warranty period has not commenced. Monies
required for the one year warranty period is fifteen (15) percent of$118,474.00 dollars or
seventeen thousand seven hundred seventy-one ($17,771.00) and no/100s dollars.
On behalf of the Clerk to the Board, it is requested that replacement collateral be submitted to
address the outstanding improvements required, including monies to warranty the road for a
period of one year, prior to acceptance by Weld County for maintenance.
Should you have additional questions or require clarification on any of the points presented
herein, please contact this office. Thank you.
Sincerely,
Kim Ogle Richard Hastings
Planning Services Public Works Department
pc: B.Barker,Attorney's Office
S.Arries,Attorney's Office
D.Bechler,Clerk to the Board
E.Gesick,Clerk to the Board
Tom Kula
Guarantee Bank and Trust
3151 North Garfield
Loveland,CO 80538
Page l of 1
Donna Bechler
From: Kim Ogle
Sent: Wednesday, July 01, 2009 6:59 PM
To: Stephanie Arries; Bruce Barker; Donald Carroll; Donna Bechler; Esther Gesick; Richard
Hastings
Cc: Kim Ogle
Attachments: MARKHAM PF1077 REPLACEMENT COLLATERAL.doc
Rich
Please review and does this letter address your findings and or requirements?
First pass DRAFT for consideration.
Big RED Pen or Pencil for creative editing
Thanks, Kim
7/2/2009
Page 1 of 2
Donna Bechler
From: Kim Ogle
Sent: Wednesday, July 01, 2009 6:09 PM
To: Stephanie Arries; Bruce Barker; Donald Carroll; Donna Bechler; Esther Gesick; Richard Hastings
Cc: Kim Ogle
Subject: RE: Cattail Creek Group, LLC - Letter of Credit from Unisyn Capital Corporation
ow-up
I contacte . Stencel with Intennill to determine the engineer •
Dennis Messner prep the plans for the Ch e and Final Plats.
Mr Messner did not prepare a s nor was a request for As Builts from the Cattail Group received.
He indicated tha . a no further in • with this client in several years past.
Kim
In follow-up with Harvey Markham, Markham PUD(South of SH 56, I/4 mile West of CR 3
Cracks in pavement were tilled by Property Owner, Markham
6.0 x 12.0 bus shelter to he installed in 90 days. Directed Mr Markham to contact the Building
Department for permitting.
Requests letter to Mr.Tom Kula from
Guarantee Bank and Trust
315I North Garfield
Loveland 80538
to outline the conditions and requested collateral.
This road will be County maintained,right-of-way dedicated to the public.
I will begin work on the letter to Mr. Markham.
Chu am
The size o uilding appears to be substantially scaled down fron • was permitted. The
parking area that is g and graded appears to be able t mmodate 25-30 vehicles
Access apron off of CR 33 is in d without de' in construction. 2 ADA parking places near the door
are present,no pavement but signed. Reten sins are in place and the single basin is bisected by
a secondary access to CR 70 a local ar road. Sta eview if this should be closed.
Question presented to Plannin . is this a substantial m r 'on from the approved plat?
Would staff consider irn enting a down sized facility and restric ancy load of building. Required
parking is one spac er 4 seats. Given size of building occupancy load appe e 75-100 persons.
Have eat Thursday! Thanks. Kim
From: Stephanie Arries
Sent: Wednesday, July 01, 2009 10:24 AM
To: Bruce Barker; Donald Carroll; Donna Bechler; Esther Gesick; Kim Ogle; Richard Hastings
Subject: Cattail Creek Group, LLC - Letter of Credit from Unisyn Capital Corporation
7/2/2009
Hello