HomeMy WebLinkAbout20061183.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 #371 -
TACORONTE FAMILY, LLC, C/O JESUS AND ESTHER BARRON
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 May 6, 2004, the Department of Planning Services staff approved a Site
Plan Review, SPR #371, for Tacoronte Family, LLC, 1772 North Denver Avenue, Fort Lupton,
Colorado 80621, c/o Jesus and Esther Barron,710 South Broadway, Fort Lupton,Colorado 80621,
for an office/warehouse,garage with office/manager's apartment and outdoor storage of equipment
for an oil and gas service company on the following described real estate, to-wit:
Part of the N1/2 NW1/4 of Section 32,
Township 2 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 Tacoronte Family, LLC, c/o Jesus and Esther Barron,
with terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Irrevocable Standby Letter of Credit
No. 666 from Union Colony Bank, P.O. Box 961, Greeley, Colorado 80632, in the amount of
$9,400.00, 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 Tacoronte Family, LLC, c/o
Jesus and Esther Barron, be, and hereby is, approved.
BE IT FURTHER RESOLVED that Irrevocable Standby Letter of Credit No. 666 from Union
Colony Bank, P.O. Box 961, Greeley, Colorado 80632, in the amount of$9,400.00, be and hereby
is, accepted.
2006-1183
00 ', 122..�.s*°& PL1835
IMPROVEMENTS AGREEMENT- TACORONTE FAMILY, LLC, C/O JESUS AND ESTHER
BARRON
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 24th day of April, A.D., 2006.
ABOARD OF C;UNTY COMMISSIONERS
'a ELD CO , COLORADO
ATTEST: ei :it
i
. le, Cha r
Weld County Clerk to the Bo ti��� Py,irOn r
.� 1 il David . ong, Pro-Tem
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BY: - btii1 CkGt� CCh ' _
Duty CI k to the Boa v ,
m H. Jerke
APP AS TO F \\\IiQ
Robert D. Masden
C9 my ttorney ,/ 40---4
Glenn Vaad
Date of signature: /3lOU
2006-1183
PL1835
‘i\, ,,,r' MEMORANDUM
w , c TO: Board of County Commissioners ol
COLORADO 4/13/2006
FROM: Chris Gathman - Planner IIJ.
SUBJECT: Acceptance of Collateral for Site Plan Review 371 (Barron)
On the Department of Planning Services received collateral in the form of an Irrevocable Letter
of Credit (666) in the amount of ($9,400.00) for SPR-371 (Barron).
Collateral covered the following items:
Street Base estimate $ 1,400.00
Street Paving estimate $ 3,000.00
Curbs, Gutters & Culverts estimate $ 600.00
Sidewalk estimate $ 400.00
Retention Ponds estimate $ 800.00
On-Site Sewage Facilities estimate $ 1,000.00
Landscaping estimate $ 2,000.00
Road Culvert estimate $ 200.00
Telephone estimate $ 300.00
Gas estimate $ 200.00
Electric estimate $ 500.00
Total Estimated Cost of Improvements and supervision $ 9,400.00
The improvements agreement and collateral has been reviewed by the Departments of Planning
Services and Public Works and it has been determined that the amount of collateral is sufficient
to cover the proposed improvements. The Departments of Planning Services and Public Works
recommend acceptance of this collateral.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Ali- /g35
cat Weld County Planning Department
GREELEY OFFICE
MEMORANDUM MAR 14 2006
WI I P
RECEIVED
CTO: Chris Gathman, Planning Services DATE: March 10, 2006
COLORADO• FROM: Donald Carroll, Engineering Administrator t}l&
SUBJECT: SPR-371, Tacoronte Family LLC
In my previous memo dated February 27, 2006, I asked that some items be added to the exhibit portion of the
Improvements Agreement. Those items were street base and street paving. The applicant has provided additional
information for the Exhibit A portion identifying 10 trucking loads of road base and 40 tons of hot bituminous
pavement.
The Weld County Public Works accepts the transportation items identified in the Exhibit A portion of the
Improvements Agreement.
pc: SPR-371
M:\PLANNING—DEVELOPMENT REVIEW\SPR-Site Plan Review\SPR-371-B.doc
IMPROVEMENTS AGREEMENT ACCORDING TO
Z� POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into thispt9' day of f?t L ,20t',by and between
the County of Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter called
"County," and 1:sus e Fstc L3arro., 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:
WHEREAS,a Final Subdivision/Planned Unit Development(PUD)plat of said property,to be known as
P l co, ca2.1 Lk./...3 31 ( has been submitted to the County for approval,
and
WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Plat,Planned
Unit Development Final Plat,or Site Plan shall be approved by the County until the Applicant has submitted a
Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans,
plats and supporting documents of the Subdivision Final Plat,Planned Unit Development Final Plat,or Site Plan,
which improvements, along with a time schedule for completion, are listed in Exhibits "A" and "B" of this
Agreement.
NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval of
said Final Plat,the parties hereto promise,covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in connection
with the design and construction of the Subdivision or Planned Unit Development improvements listed on
Exhibit "A," which is attached hereto and incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional Engineer and Land
Surveyor registered in the State of Colorado, and shall conform to the standards and criteria
established by the County for public improvements.
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 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
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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
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,
together with all reasonable expenses and attorney fees incurred by County in defending such suit,action
or claim whether the liability,loss or damage is caused by,or arises out of the negligence of the County
or its officers,agents,employees,or otherwise except for the liability,loss,or damage arising from the
intentional torts or the gross negligence of the County or its employees while acting within the scope of
their employment. All contractors and other employees engaged in construction of the improvements
shall maintain adequate worker's compensation insurance and public liability insurance coverage,and
shall operate in strict accordance with the laws and regulations of the State of Colorado governing
occupational safety and health.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant,
streets within a Subdivision or Planned Unit Development may be approved by the County as public
roads and will be maintained and repaired by a Homeowners Association or,in its absence,the owners of
lots within the Subdivision or Planned Unit Development.
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6.1 If desired by the County, portions of street improvements may be placed in service when
completed according to the schedule shown on Exhibit"B,"but such use and operation shall not
constitute an approval of said portions.
6.2 County may, at its option, issue building permits for construction on lots for which street
improvements detailed herein have been started but not completed as shown on Exhibit "B,"
and may continue to issue building permits so long as the progress of work on the Subdivision or
Planned Unit Development improvements in that phase of the development is satisfactory to the
County; and all terms of this Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit
Development and the filing of a Statement of Substantial Compliance, the applicant(s) may
request in writing that the County Engineer inspect its streets and recommend that the Board of
County Commissioners partially approve them. Not sooner than nine months after partial
approval,the County Engineer shall,upon request by the applicant,inspect the subject streets,
and notify the applicant(s)of any deficiencies. The County Engineer shall reinspect the streets
after notification from the applicant(s)that any deficiencies have been corrected. If the County
Engineer finds that the streets are constructed according to County standards,he or she shall
recommend full approval. Upon a receipt of a positive unqualified recommendation from the
County Engineer for approval of streets within the development, the Board of County
Commissioners shall fully approve said streets as public but with private pay.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One-Hundred
percent(100%) of the value of the improvements as shown in this Agreement. Prior to Final
Plat approval,the applicant shall indicate which of the five types of collateral preferred to be
utilized to secure the improvements subject to final approval by the Board of County
Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted
and the plat recorded within six(6)months of the Final Plat approval. If acceptable collateral
has not been submitted within six(6)months then the Final Plat approval and all preliminary
approvals shall automatically expire. Applicant may request that the County extend the Final
Plat approval provided the cost estimates are updated and the development plans are revised to
comply with all current County standards,policies and regulations. The improvements shall be
completed within one(l)year after the Final Plat approval(not one year after acceptable collateral
is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty(30)
days prior to its expiration and further provides that cost estimates for the remaining improvements
are updated and collateral is provided in the amount of One-Hundred percent(100%)of the value
of the improvements remaining to be completed. If improvements are not completed and the
agreement not renewed within these time frames, the County, at its discretion, may make
demand on all or a portion of the collateral and take steps to see that the improvements are
made.
7.2 The applicant may choose to provide for a phased development by means of designating filings
of a Planned Unit Development Final Plat or Subdivision Final Plat. The applicant would need
only to provide collateral for the improvements in each filing as approved. The County will
place restrictions on those portions of the property that are not covered by collateral which will
prohibit the conveyance of the property or the issuance of building permits until collateral is
provided or until improvements are in place and approved pursuant to the requirements for a
Request for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits "A" and "B."
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County
subject to final approval by the Board of County Commissioners.
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8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form
approved by Weld County. The Letter of Credit shall state at least the following:
8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred percent(100%)
of the total value of the improvements as set forth in Section 6.0 and Exhibits"A"and
"B."
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the
developer has not performed the obligations specified in the Improvements Agreement
and the issuer has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of
this policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the unreleased
portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent
(100%)of the estimated costs of completing the uncompleted portions of the required
improvements,based on inspections of the development by the issuer. In no case shall
disbursement for a general improvement item exceed the cost estimate in the
Improvements Agreement(i.e.,streets,sewers,water mains and landscaping,etc.). The
issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the
agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent(15%)of the total Letter of Credit
amount cannot be drawn upon and will remain available to Weld County until released
by Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of
Credit shall be either the date of release by Weld County of the final fifteen percent
(15%),or one year from the date of Final Plat approval,whichever occurs first. Said
letter shall stipulate that, in any event,the Letter of Credit shall remain in full force
and effect until after the Board has received sixty (60) days written notice from the
issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by
certified mail to the Clerk to the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the
Board of County Commissioners provided that the following are submitted:
8.2.1 In the event property within the proposed development is used as collateral, an
appraisal is required of the property in the proposed development by a disinterested
Member of the American Institute of Real Estate Appraisers(M.A.I.)indicating that
the value of the property encumbered in its current degree of development is sufficient
to cover One-Hundred percent(100%)of the cost of the improvements as set forth in
the Improvements Agreement plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been accepted as
collateral by Weld County,then an appraisal is required of the property by a Member
of the Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the
property encumbered in its current state of development is sufficient to cover
One-Hundred percent (100%) of the cost of the improvements as set forth in the
Improvements Agreement plus all costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance
which is senior to all other liens and encumbrances.
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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 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.
83 A cash deposit made with the County equivalent to One-Hundred percent(100%)of the value of
the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of
the project by Weld County,the Applicant must present a Statement of Substantial Compliance from an
Engineer registered in Colorado that the project or a portion of the project has been completed in
substantial compliance with approved plans and specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during the course of
construction and the construction plans utilized are the same as those approved by Weld
County.
9.2 Test results must be submitted for all phases of this project as per Colorado Department of
Transportation Schedule for minimum materials sampling,testing and inspections found in the
Colorado Department of Transportation(CDOT)Materials Manual.
9.3 "As built" plans shall be submitted at the time the letter requesting release of collateral is
submitted. The Engineer shall certify that the project "as-built" is in substantial compliance
with the plans and specifications as approved, or that any material deviations have received
prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by a letter of
acceptance of maintenance and responsibility by the appropriate utility company, special
district or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are
in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are
operational and state the results of fire flow tests.
9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction plans.
9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of
approval of the streets by the County,the applicant(s)may request release of the collateral for
the project or portion of the project by the Board. This action will be taken at a regularly
scheduled public meeting of the Board.
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9.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the
amount of fifteen percent(15%)of the value of the improvements as shown in this Agreement
excluding improvements fully accepted for maintenance by the responsible governmental entity,
special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon final approval by the Board of
County Commissioners.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a rezoning,
Subdivision or Planned Unit Development,requires the dedication,development and/or reservation of
areas or sites other than Subdivision or Planned Unit Development streets and utility easements of a
character,extent and location suitable for public use for parks,greenbelts or schools,said actions shall
be secured in accordance with one of the following alternatives, or as specified in the Planned Unit
Development(PUD)Plan,if any:
10.1 The required acreage as may be determined according to the Weld County Subdivision
Regulations shall be dedicated to the County or the appropriate school district,for one of the
above purposes. Any area so dedicated shall be maintained by the County or school district.
10.2 The required acreage as determined according to Chapter 24 of the Weld County Code,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 Planned Unit Development.
10.3 In lieu of land, the County may require a payment to the County in an amount equal to the
market value at the time of Final Plat submission of the required acreage as determined
according to Chapter 24 of the Weld County Code. Such value shall be determined by a
competent land appraiser chosen jointly by the Board and the Applicant. The cash collected
shall be deposited in an escrow account to be expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal
representatives, successors and assigns of the Applicant, and upon recording by the County, shall be
deemed a covenant running with the land herein described,and shall be binding upon the successors in
ownership of said land.
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6
•
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and
year first above written.
APPLICANT: L Cc-g“ 672-2-y-Zr
APPLICANT: Cs 4JG/ 5gittlZ
TITLE: Ot,L21eiri
Subscribed and sworn to before me this iat day of le 4,i47/1/ ,20 0 .
My Commission expires: 7A1 i
„&. .c... /l it ti/et/c Z ,,,,aauc,,,„
//�/C r/ Notary Public •''' ''�4 r� `
F
CHRISTINE Al aYLO
'�`'-''z
NOTARY F, 's,,�,ter';• <i • r.
STATE OF CO ADE La
• n•,rinn''inoo•
ATT Co Set BOARD OF COUNTY COMMISSION S
WELD COUNTY,COLORADO
Weld County Clerk to the Boar, ;R
O �y 22i� /p� ZL!
, la�.j M. J. Geile Chair APR 2 4 20do
Deputy Clerk to the Board
APPROVED AS TO FORM: _________
n ttorney
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owe -//85
•
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EXHIBIT "A"
Name of Subdivision 11 a-_ ^ —1
or Planned Unit Development: T
5 \ 0.1~ 2.¢.-3 31 1
Filing:
Location: I ,2a N . Dtvwc3" AVfink.)C -R.v-4 IupTbv. Co. $o(oZl
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or
Planned Unit Development the following improvements. (Leave spaces blank where they do not apply)
Improvements Quantity Units Unit Estimated Construction
Costs Cost
Site grading
Street grading
Street base `O l`h / O
Streetpavjsg- I/Q heci jz20 �.
Curbs,jtters jd culverts 11J_ �-foojcr-% /�0 O -=
Sidewalk / / /'" 2-
Storm sewer facilities
Retention ponds KO/' _ ggO i
Ditch Improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities , / /(2.)O
On-site water supply and storage
Water Mains(includes bore)
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street Names
Fencing requirements
C Landscaping L00o
Park improvements
Road culvert ,2rt.1=- ix) 4�
Grass lined swale
Telephone / / -jet 3OO
Gas
I
Electric I It S7'o '`._- 530 1"
Water transfer
SUB-TOTAL:
Engineering and Supervision Costs$
(Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 9 4 OO .OO
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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."
By: iC-821
Applicant
6.5Acy— ad n'c'
Applicant qq
WVYG'-1`{ Date: .1—' ' ,20 eUS
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
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9
EXHIBIT "B"
Name of Subdivision _
or Planned Unit Development: 5 ` j�(rc 1- tGti "2F. j (Ada3 1
Filing: p�. I
Location: 177 a N. �• vas- A ut Fork ork L&eTbI (O. gOCz.1
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 I 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_
Street base
Street paving Curbs,gutters,and culverts �7 7� d�/S
Sidewalk I .--/a Ye(
Storm sewer facilities
Retention ponds A/ cV I
Ditch improvements
Subsurface drainage
Sanita sewers
Trunk and forced lines
Mains — ------
Laterals house connected
On-site sewage facilities
On-site water supply and storage ------ --._ ?,.vs
Water mains
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street name signs
Fencing requirements
Landscaping - .,2.6 �lYr
Park improvements -'
Road culvert
Grass lined swale i r-1.3-k"
Tele hone 7
Gas
Electric -_3 dxj
Water Trans er
SUB-TOTAL: / l�
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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.
Applicant
.tithe/ 6a r x o✓�
Applicant
Date: — 10 ,20 c) S .
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
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I
a ;u�� inte
G) Union Colony Bank
Post Office Box 961
Greeley,CO 80632
970-346-5050
866-241-2673
IRREVOCABLE STANDBY LETTER OF CREDIT
NAME: Board of County Commissioners DATE: April 5, 2006
(Hereinafter called "Beneficiary") NUMBER: 666
Attn: Donna Beckler AMOUNT: $9,400.00
915 10th Street EXPIRES: April 5, 2007
Greeley, Colorado 80631
Dear Donna:
Please be advised that Union Colony Bank, A State Chartered Bank (hereinafter called the
"Issuer"), establishes an Irrevocable Letter of Credit No. 666 in favor of the Beneficiary for the
account of J. Jesus Barron and Esther Barron (hereinafter called "Customer") up the aggregate
sum of Nine Thousand Four Hundred and No/100 ($9,400.00) available by Beneficiary's drafts at
sight drawn on Issuer.
All drafts drawn under this Letter of Credit must bear the clause:
"Drawn under Union Colony Bank Letter of Credit No. 666 dated April 5, 2006".
Issuer hereby agrees with Beneficiary that drafts drawn strictly in compliance with the terms of
the credit will be duly honored upon due presentation to Issuer.
Other terms and conditions -this Letter of Credit shall:
1. Expires at Issuer's counter on or before 3:00 p.m. Mountain time April 5, 2007;
2. Not be transferable;
Page 1 of 2
QMember
LENDEF FDIC
3. Be governed by the laws of the State of Colorado, including Article Five of the
Uniform Commercial Code; and
4. Be subject to the Uniform Customs and Practice for Documentary Credits;
International Chamber of Commerce Publication Number 500.
5. This letter of credit is issued to subject to Section XII of Franchise Agreement.
6. 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
Improvement 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.
7. 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.
This Letter of Credit will be automatically renewed for a one year period upon the expiration date
set forth above and upon each anniversary of such date, unless at least sixty (60) days prior to
such expiration date, or prior to any anniversary of such date, we notify both you and your client
in writing by registered mail that we elect not to so renew this Letter of Credit.
Upon receipt by you of our notice of election not to renew this Letter of Credit, you may draw
hereunder by your sight draft drawn on us and bearing the clause "Drawn under Credit No. 666".
Stier y,
iIk e Nic /ls
Executive Vice President
MN:ko
PLEASE RETURN UPON EXPIRATION
Page 2 of 2
rit
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
WI I P. O. BOX 758
GREELEY, COLORADO 80632
C.
COLORADO
June 25, 2009
Union Colony Bank
P.O. Box 961
Greeley, Colorado 80632
RE: Letter of Credit#666 for Jesus and Esther Barron
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 5th day of April, 2006, Union Colony Bank issued a Letter of Credit on behalf
of Jesus and Esther Barron naming the Board of County Commissioners of Weld County, Colorado as
beneficiary. The dollar amount of the Letter of Credit was established at Nine Thousand Four Hundred
and no/100 ($9,400.00).
The terms of the Letter of Credit require that it be maintained by your institution until the 5th day of April,
2007, with auto renewal unless 60 days notice is provided. If you believe that the Letter of Credit expired
prior to that date, 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.
Very truly yours,
Donald D. Warden
Clerk to the Board
By:
Deputy Clerk t the Board
pc Tacoronte Family, LLC, do Jesus and Esther Barron
A
t,......,
CLERK TO THE BOARD
PHONE (970)336-7215, Ext.4225
FAX: (970)352-0242
IP
P. O. BOX 758
WI GREELEY, COLORADO 80632
C.
COLORADO ���� ; litZe )
June 25, 2009 &wig (. a,� "`; " `
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Union Colony Bank n �/. at-e-e� o
P.O. Box 961 'cut?I i,f,.X/'u me //
Greeley, Colorado 80632 h i/, a j_ J- o LW-(� ,
RE: Letter of Credit#666 for Jesus and Esther Barron ���U
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 5th day of April, 2006, Union Colony Bank issued a Letter of Credit on behalf
of Jesus and Esther Barron naming the Board of County Commissioners of Weld County, Colorado as
beneficiary. The dollar amount of the Letter of Credit was established at Nine Thousand Four Hundred
and no/100 ($9,400.00).
The terms of the Letter of Credit require that it be maintained by your institution until the 5th day of April,
2007, with auto renewal unless 60 days notice is provided. If you believe that the Letter of Credit expired
prior to that date, please contact me immediately, as you are required under the terms of the Letter of
Credit to replace it.
If you have any questions regarding this letter or your obligations under the Letter of Credit, or if you
disagree with any of the statements contained herein, please call Donna Bechler, at 970-356-4000,
ext. 4227, or e-mail me atdbechler@co.weld.co.us. h
Very truly eyours,' /l 7w 9 .
u � .� 595.- 7‘,3
Donald D Warden /$ 49av �0Z�-7�/-- CO4 Gj,^,^ l
Clerk to the Board /p1 • ` 'di, (3-i(z 4 C u G
G�1.Gl'1.1 tki-6 " / r/
Deputy Clerk t the Board _u,_�
pc Tacoronte Family, LLC, c/o Jesus and Esther Barron//
P2_ /c'3
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U.S. Postal Serviceim
CERTIFIED MAIL., RECEIPT
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Postage $
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PS Form 3800,June 2002 See Reversseef for Insouctions
SENDER: COMPLETE THIS SECTION COMPL E THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. Kam.,4 0 Agent
4
• Print your name and address on the reverse C- , c. 0,�ilhi�-�O Addressee
so that we can return the card to you. R. Received Dv/ rirrted Name) C. Date of Delivery
• Attach this card to the back of the mailpiece, yy� 1
or on the front if space permits. /r /d1"//r? d5S/YI/n
D. Is delivery address different f oni item 17 ❑Yes
1. Article Addressed to:
If YES,enter delivery address below: O No
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/ ❑Registered tm Receipt for Merchandise
❑Insured Mail O C.O.D.
4. Restricted Deliver)?(Extra Fee) ❑Yes
2. Article Number se 7005 1820 0003 5225 2048
(Transfer from service label)
PS Form 3811,February 2004 Domestic Return Receipt 1O2895-02X1840
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