HomeMy WebLinkAbout20063454.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT, AUTHORIZE CHAIR TO SIGN, AND
ACCEPT COLLATERAL FOR SITE PLAN REVIEW SPR-274 AND AMENDED SITE PLAN
REVIEW AmSPR-2Z- HONNECKE FAMILY TRUST LLC
a7y
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, prior to recording the plat for Site Plan Review SPR-274 and Amended Site
Plan Review AmSPR-274, the Honnecke Family Trust LLC is required to submit for approval an
improvements agreement and collateral for acceptance by the Board of County Commissioners,
and
WHEREAS, the Board has been presented with an Improvements Agreement According
to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, and the Honnecke Family
Trust LLC, with terms and conditions being as stated in said agreement, and
WHEREAS,the Board has been presented with a Deed of Trust, dated December 14, 2006,
for the property described in the Improvements Agreement in the amount of$100,000.00, and
WHEREAS, after review, the Board deems it advisable to approve said Improvements
Agreement and accept said Deed of Trust, 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 between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the Honnecke Family Trust LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED that the Deed of Trust, dated December 14, 2006, for the
property described in the Improvements Agreement in the amount of$100,000.00, be and hereby
is, accepted.
2006-3454
-ru aa/0277
UI: PL, PA') fic-PAL CI-94/--01
IMPROVEMENTS AGREEMENT - SITE PLAN REVIEW SPR-274 AND AMENDED SITE PLAN
REVIEW AmSPR-271/- HONNECKE FAMILY TRUST LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 18th day of December, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
.T WELD COUNTY, LORADO
ATTEST: 71; a
eile, Chair
Weld County Clerk to the Board` F6,kcy
David E. Long, Pro-Tem
BY: _ k J
Dep Clerk the oard
Will' H. Jerke
APP V AS TO •
Rob rt D. Ma en
o my At rney
GI nn Va d
Date of signature:
2006-3454
PL-1-861 P'-/d 7;
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
THIS AGREEMENT, made and entered into this /3 day of December, 2006, by and
between the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter called "County," and Von Honnecke and Diane Honnecke, on behalf
of C#B LLC, hereinafter called "Property Owner."
WITNESSETH:
WHEREAS, Property Owner is the owner of, or has a controlling interest in the
following described property in the County of Weld, Colorado:
PT NE4 10 2 68 N435.6' OF FOL PAR BEG AT SE COR OF PARCEL DEEDED ON REC
#1506519 S0D26'W 1323.85' N89D57'W 300' N0D26'E 1324.16' M/L ELY 300' M/L TO BEG
SITUS: 10767 TURNER BLVD LONGMONT 805049578 SITUS: 10769 TURNER BLVD
LONGMONT 80504-9578, hereinafter referred to as "the Property," and
WHEREAS, the County is currently in the process of considering a site-plan review for
the Property, and
WHEREAS, those improvements listed in the attached Exhibit "A" and Addendum to
Exhibit "A" must be collateralized and completed by the Property Owner.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein, the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Property Owner shall furnish, at its own expense, all
engineering services in connection with the design and construction of the
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 Property Owner shall furnish drawings for the road improvements on
Turner Blvd. and all improvements interior on the Property for approval
prior to the letting of any construction contract. Before acceptance of the
road improvements, Property Owner shall furnish one set of reproducible
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"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 for Turner Blvd., Property Owner 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: Property Owner shall furnish and install, at its own expense, the
improvements listed on Exhibit "A," which is attached hereto and incorporated
herein by reference, with the improvements interior to the Property being
completed by [4,; / „ F•%, F., the landscaping by,(, it;:-4,g e.6/r, and
road improvements to Tu er Blvd. within six (6) months afte such time as the
Board of County Commissioners determines, in writing, that no Local
Improvements District will be formed to complete all road improvements for the
entire stretch of Turner Blvd. The Board of County Commissioners, at its option,
may grant an extension of the time of completion stated herein upon application
by the Property Owner.
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.
3.2 Property Owner shall employ, at its own expense, a qualified testing
company previously approved by the County to perform all testing of
materials or construction; 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,
40 at Property Owner's expense. Any material or work not conforming to the
mmi g approved plans and specifications shall be removed and replaced to the
a rc satisfaction of the County at Property Owner's expense.
ara a:.�
g 4.0 Release of Liability: Property Owner shall indemnify and hold harmless the
C.3 0g County from any and all liability loss and damage County may suffer as a result
a3of all suits, actions or claims of every nature and description caused by, arising
am. 03
from, or on account of said design and construction of improvements, and pay any
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co and all judgments rendered against the County on account of any such suit, action
;73 or claim, together with all reasonable expenses and attorney fees incurred by
o County in defending such suit, action or claim whether the liability, loss or
o damage is caused by, or arises out of the negligence of the County or its officers,
csi
c agents, employees, or otherwise except for the liability, loss, or damage arising
o o from the intentional torts or the gross negligence of the County or its employees
a ac
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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 Warranty of Road Improvements on Turner Blvd.: Property Owner shall
warranty all improvements to Turner Blvd. for a period of one (1) year following
completion of construction.
6.0 General Requirements for Collateral:
6.1 The value of all collateral submitted to Weld County to guarantee
completion of the improvements listed in Exhibit "A," must be equivalent
to One-Hundred percent (100%) of the value of the improvements as
shown in this Agreement.
6.2 Collateral must be submitted upon the approval of this Agreement by the
Board of County Commissioners, except that the submission of the
collateral for the improvements to Turner Blvd. may be delayed until such
time as as the Board of County Commissioners determines, in writing, that
no Local Improvements District will be formed to complete all road
improvements for the entire stretch of Turner Blvd.
6.3 Collateral may be in the form of a deed of trust upon the Property,
provided that the following are submitted:
6.3.1 An appraisal is required of the Property 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 this
Agreement, plus all costs of sale of the Property.
6.3.2 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
7.0 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 Property Owner 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:
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7.1 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.
7.2 For the improvements to Turner Blvd., 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.
7.3 "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.
7.4 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.
7.5 Following the submittal of the Statement of Substantial Compliance and
recommendation of acceptance of the streets for partial maintenance by
the County, the Property Owner 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.
7.6 For improvements to Turner Blvd., 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. The
warranty collateral shall be released to the Property Owner upon final
acceptance by the Board of County.
8.0 Successors and Assigns: This Agreement shall be binding upon the heirs,
executors, personal representatives, successors and assigns of the Property Owner,
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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
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Subscribed and sworn to before me this /3 day of 1 z2 , 2006.
My Commission expires: ,Cr ,-6C
ir
Nota Public/
wry Commission Expires
2-23-2010 /
PROPERTY aft,/ �,,,,� �
OWNER: �f -
Subscribed and sworn to before me this /'3 day of ,tit,,/ , 2006.
•
My Commission expires:
Notary ublic
My Commission Expires
2-23-2010
ATTEST: i 1. l,� BOARD OF COUNTY COMMISSIONERS
op; :, WELD COUNTY, COLORADO
4Onta4/e0a I'. &st ri`rfit
Weld County Clerk to the Bo.. ..`'3��j ,` ,/ �M dace"'
�ile , Chair
�
12/18/2006
BY: VUfL-L C i ^du,
Dep t Clerk to the oard
APPROVED AS TO FORM: k— �-- �-2ir2-
C yAttomey
1111111 11111 11111 111111111 11111 EH III I I I I I III 1111
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EXHIBIT"A"
Name of Subdivision
or Planned Unit Development Honnecke Complex
Filing
Location: 10765 Turner Blvd, Longmont, Co
Intending to be legally bound, the undersidned Applicant hereby agrees to provide throught this
Subdivision or Planned Unit Development the following improvements. (Leave spaces blank
where they do not apply)
Improvements Quantity Units Unit Est.
Construction
Costs Cost
Site grading 3525 SY $ 3.45
13,923.75
Street Grading 1230 SY $ 3.50
4,305.00
Street Base 1230 SY $ 8.25
10,147.50
Street Paving 1230 SY $17.00
20,410.00
Curbs and gutters 390 LF $22.00
8,580.00
Sidewalk 260 LF $26.00
6,760.00
Culverts 2 EA $2,100.00
4,200.00
Storm sewer facilities
Retention ponds N/A
Ditch Improvements N/A
Subsurface drainage
Sanitary sewers N/A
Trunk and forced lines N/A
Mains N/A
Laterals(house connected) DONE
On-site sewage facilities DONE
On-site water supply and storage DONE
Water Mains (includes bore) DONE
Fire hydrants DONE
Survey and street monuments and boxes
2,500
Street lighting N/A
Street Names DONE
Fencing requirements DONE
Landscaping See Attached
23,185.00
Park improvements N/A
Grass lined swale N/A
Telephone DONE
Gas Electric DONE
Water transfer N/A
SUB_TOTAL
HIV HINDI 11111 1111111 11111 VIII III VIII IIII II'I
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94,011.25
Engineering and Supervision Costs$_$5,000.00
(Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of
actual construction by contracts)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 99,011.25
The above improvements shall be constructed in accordance with all County requirements and
specifications, and
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ADDENDUM TO EXHIBIT A
LANDSCAPING SCHEDULE
DESIGN AND INSTALL IRRIGATION SYSTEM $8,045.00
INSTALL THE FOLLOWING PLANT MATERIAL
Blue Sprice 6' 2 ea 810.00
Austrian Pine 6' 6 ea 2,205.00
Flowering Crab, Radiant 2" 5 ea 1,600.00
Newport Plum 2" 5 ea 1,500.00
Golden Rain Tree 2" 3 ea 1,020.00
Cranberry, Compact 5-gal 29 ea 1,377.50
Juniper, Buffalo 5-gal' 28 ea 1,188.60
Juniper, Sea Green 5-gal 13 ea 551.85
Ninebark, Golden 5-gal 9 ea 247.05
INSTALL LANDSCAPE FABRIC AND 1 1/2 RIVER ROCK 4,640.00
TOTAL LANDSCAPE AND IRRIGATION $23,185.00
111111111111 la In NO liii!Elf III lilt III!III!
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541
DEED OF TRUST
THIS DEED OF TRUST,Dated December 14, 2006 ,between
Honnecke Family Trust, LLC
the grantor herein,whose address is
530 South Coors Court
of the *County of Jefferson and
State of Colorado,and the PUBLIC TRUSTEE of the County or City and County
in which the property described below is situated,y in the State of Colorado,
do (� �/y��
Witness: rt G �'Cee,t t z-ni gide„Q ace) 02064 Oel()
The grantor,to secure ereinafter referred to in the singular,dated
for the total principal sum of $100,000.00***'************************•**************************************
dollars,
payable to the order of Board of County Commissioners, County of Weld, State of Colorado
the beneficiary herein,whose address is 915 Tenth Street, PO Box 758, Greeley, CO 80362
after the date thereof,with interest thereon from the date thereof at the rate of ******0** percent per annum,principal
and interest payable within 30 days after the duly-authorized resolution at a regularly scheduled public
meeting of the Board of County Commissioners
does hereby grant and convey unto said Public Trustee the following described property,situate in the
County of Weld * *********************** ,State of Colorado,to wit:
See Exhibit 1 for a description of the Property,
also known by street and number as 10765 Turner Boulevard, Longmont, CO 80501
TO HAVE AND TO HOLD the same together with all appurtenances, in trust nevertheless,that in case of default in
the payment of said note or any part thereof or interest thereon,or in the performance of any covenants hereinafter set
forth,then upon the beneficiary (note holder) filing notice of election and demand for sale, said Public Trustee, after
advertising notice of said sale weekly, for not less than four weeks, in some newspaper of general circulation in said
county,shall sell said property in the manner provided by law in effect at the time of filing said notice and demand,at
public auction for cash,at any proper place designated in the notice of sale.Out of the proceeds of said sale said Trustee
shall retain or pay first all fees,charges and costs and all moneys advanced for taxes,insurance and assessments,or on
any prior encumbrance,with interest thereon,and pay the principal and interest due on said note,rendering the overplus
(if any)unto the grantor;and after the expiration of the time of redemption,said Trustee shall execute and deliver to the
purchaser a deed to the property sold.The beneficiary may purchase said property or any part thereof at such sale.
*Insert"City and"where applicable.
No.eY23B.Rev.6-9 1 HID 11111 111111 1111 111111 111111 11111 111 11111 I I I I 1111 hing.com—eForm
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The grantor covenants that at the time of delivery of these presents,he is seized of said property in fee simple,and
that said property is free of encumbrances,except
Deed of Trust in favor of Zions First National Bank«_______________________++.."*"*........................*******
The grantor also covenants that he will keep all buildings insured with a company approved by the beneficiary for fire
and extended coverage in an amount equal to the unpaid balance of said note with loss payable to the beneficiary,will
deliver a copy of the policy to the beneficiary and will pay all taxes and assessments against said property and amounts
due on prior encumbrances.If grantor shall fail to pay insurance premiums,taxes or amounts due on prior encumbrance,
the beneficiary may pay the same and all amounts shall become additional indebtedness due hereunder;and in case of
foreclosure,he will pay an attorney's fee of
Should the beneficiary hereunder be made a party to any action affecting this deed of trust or the title to said property,
the grantor agrees that all court costs and a reasonable attomey's fee paid by the beneficiary shall become additional
indebtedness due hereunder; and the grantor does hereby release and waive all claims in said property as a homestead
exemption or other exemption now or hereafter provided by law.
It is agreed that in case of default in payment of said principal or interest or a breach of any of the covenants herein,
then said principal sum hereby secured and interest thereon may at the option of the beneficiary become due and payable
at once, anything in said note to the contrary notwithstanding and possession of said property will thereupon be
delivered to the beneficiary,and on failure to deliver such possession the beneficiary shall be entitled to a receiver for
said property,who may be appointed by any court of competent jurisdiction.
Wherever used herein the singular number shall include the plural,the plural the singular,and the use of any gender
shall be applicable to all genders. All of the covenants herein shall be binding upon the respective heirs, personal
representatives,successors and assigns of the parties hereto.
Executed the day and year first above written.
04;41.1.) <*22i .2
STATE OF COLORADO,
11 ss.
County of tit I.9p4 _�pRr`PU xx )
foregoing in. rument was acknowledged b>j this / . of � ,20 U4. ,
by j�-��i...e,�/ 11
DIANE K. 1
My commission expires: /O/7/O I 1 BECKMAN .'�
NJ%, p�
Witness my hand and official seal. II1It ill �@a I
ublic
My Cergtdrsien EW res:10.07•200fl
Name and Address of Person Creating Newly Created Legal Description(Section 38-35-106.5.C.R.S)
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EXHIBIT "A"
All that part of the Southeast Quarter of the Northeast Quarter of Section 10,
Township 2 North, Range 68 West of the 6th P.M. , described as follows:
Beginning at the Southeast Corner of that certain tract of land conveyed to
Arnold L. Burger and Lambert A. Burger by Warranty Deed recorded under
Reception No. 1506519, in Book 585,
thence South 00'26' West along the West line of a parcel of land conveyed to
R. H. Daggett and Janet L. Daggett by Warranty Deed recorded under Reception
No. 1446636, in Book 525, a distance of 1323 .85 feet to a point on an
East-West fence, said fence being 9 feet, more or less, North of the East-West
Centerline of said Section 10;
thence along said fence North 89'57 '40" West, 300 feet;
thence North 00'26' East, 1324 .16 feet, more or less, to the Southwest Corner
of the tract of land described in Warranty Deed recorded under Reception No.
1506519, in Book 585,
thence Easterly along the South line of said last mentioned tract of land, 300
feet, more or less, to the Point of Beginning;
EXCEPT the North 580 .8 feet thereof; and
TOGETHER WITH easement for ingress and egress as described in Agreement
recorded May 13, 1985 in Book 1068 as Reception No. 2009307, over and across
the following described property:
The North 580.8 feet of the following described property:
All that part of the Southeast Quarter of the Northeast Quarter of Section 10,
Township 2 North, Range 68 West of the 6th P.M. , described as follows:
Beginning at the Southeast corner of that certain tract of land conveyed to
Arnold L. Burger and Lambert A. Burger by Warranty Deed recorded under
Reception No. 1506519, in Book 585,
thence South 00'26' West along the West line of a parcel of land conveyed to
R. H. Daggett and Janet L. Daggett by Warranty Deed recorded under Reception
No. 1446636, in Book 525, a distance of 1323 .85 feet to a point on the
East-West fence, said fence being 9 feet, more or less, North of the East-West
centerline of said Section 10;
thence along said fence North 89'57'40" West, 300 feet;
thence North 00'26' East 1324 .16 feet, more or less, to the Southwest corner
of the tract of land described in Warranty Deed recorded under Reception No.
1506519, in Book 585,
thence Easterly along the South line of said last mentioned tract of land, 300
feet, more or less, to the Point of Beginning;
ALSO Together with easement for ingress and egress as described in Agreement
recorded October 30, 1984 in Book 1047 as Reception No. 1986777, over and
across the following described property:
That portion of the Northeast Quarter of Section 10, Township 2 North, Range
68 West of the 6th P.M. , more particularly described as follows:
Commencing at the East Quarter corner of said Section 10;
thence along the South line of the Northeast Quarter of said Section 10, North
89'49' West, 451.4 feet;
thence North 00'24' East, 1323 .4 feet to the True Point of Beginning;
thence North 00'24' East, 133 .00 feet;
thence South 13'07 '40" West, 136 . 16 feet;
thence South 89'15' East, 30.00 feet to the True Point of Beginning,
County of Weld, State of Colorado.
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