HomeMy WebLinkAbout20060682.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERALFOR IMPROVEMENTS(PUBLIC ROAD MAINTENANCE),AUTHORIZE
CHAIRTO SIGN,AND ACCEPT COLLATERALFOR PLANNED UNIT DEVELOPMENT
FINAL PLAN, PF #1058 - FRANCISCO GARCIA
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 February 1, 2006, the Department of Planning Services staff approved a
Planned Unit Development Final Plan, PF #1058, for Francisco Garcia, 1959 Blanco Court,
Loveland,Colorado 80538,fora Las Haciendas Planned Unit Development for eight(8)Estate Lots
and one Agricultural Lot,with 11.2 acres of Open Space on the following described real estate,to-
wit:
Lot B of Recorded Exemption#3300,being part of the
W1/2NE1/4 of Section 5, 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 Francisco Garcia,with terms and conditions being as
stated in said agreement, and
WHEREAS,the Board has been presented with Irrevocable Letter of Credit No. 18 from
Colorado Community Bank of Loveland, 1050 Eagle Drive, Loveland, Colorado 80537, in the
amount of$240,290.36, and
WHEREAS,after review, the Board deems it advisable to approve said agreement and
accept said Irrevocable Letter of Credit No. 18 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 Francisco Garcia, be,and hereby
is, approved.
2006-0682
('� : PL, ,DLJ, 4-r°PL, F Cc ) PL1782
IMPROVEMENTS AGREEMENT- FRANCISCO GARCIA
PAGE 2
BE IT FURTHER RESOLVED that Irrevocable Letter of Credit No. 18 from Colorado
Community Bank of Loveland, 1050 Eagle Drive, Loveland, Colorado 80537, in the amount of
$240,290.36, be and hereby is, accepted.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 8th day of March, A.D., 2006.
1 / BOARD OF CO NTY COMMISSIONERS
\ ELD COU/ , COLORADO
.rte
ATTEST: Lail �l n I � s.,
-mM. J. ile, Chair
Weld County Clerk to the :�. ,r ' I.,f ,'
David E. Long, Pro-Tem BY: D u rk to the Bo rd (-4,,
William H. Jerke
AP D A ORM: EXCUSED
Robert D. Masden
ttorney EXCUSED
Glenn Vaad
Date of signature: 5IZZI0(U
2006-0682
PL1782
732
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLIC ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this .3 day of fai Ai4,rN ,2001#,by and between
the County of W eld,State of Colorado,acting through its Board of County Commissioners,hereinafter c ailed"County,"
and -%4 mas LLC _,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:
Lvr E R.E 330O
'WEST //L n1. E, i/a/ SEC C, ry,t1 RkYW of lord e 41.
WELD Cry CoLnn4bc
WHEREAS, a final Subdivision/Planned Unit Development (PUD) Plat of said property, to be known as
LAS NAC 1¢Nb AS P tA,A 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
Improve ments Agreement guaranteeing the construction of the public improvements shown on plans,platsand 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 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 PlannedUn 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.
It Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit
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2006-0682
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 strictconformance 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 improv ements,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 office's, 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 subd ivider,app licant,or owner maybe reimbursed for
off-site road improvements as provided in this section when it has been determined by the Board of County
Commissioners 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 for
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 subdivid er,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 o f 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 subseq uent 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 Services 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 Cost Index
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 for 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 calculating a reasonable 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 en titled to reimb ursement 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 reimbursement,and in no way is Weld County
to be considered a guarantor of the monies to be reimbursed b y the subsequent subdividers,applicants,
or owners.
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6.0 Acceptance of Streets for Maintenance b v the County: Upon compliance with the following procedures 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 p ortions.
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
Develo pment improvements in that phase of the develop ment are satisfac tory to the Co unty;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 that the Board of County Commissioners accept
them for partial maintenance by the County. Partial maintenance consists of an 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 sh all 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 full 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 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. 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 completedwithin one(1)year after the Final Plat approval(not one year
after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be
renewed at least thirty(30) days prior to its expiration and further provides that cost estimates for
the remaining 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 allor a portion of thecollateral 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 o f 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 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." 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 wont is being performed based on "The State Highway Bid Price Index"
contained in the "Quarterly Cost Rep ort" of The Engineering News-Record as published by The
McG raw-Hill Companies. The applicant has provided costestimates for all 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 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to
final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form
approved by Weld County. The Letter of Credit shall state at least the following:
8.1.1 The Letter of Credit shall be in an amount equivalent to 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 Cre dit shall provide for payment upon demand to Weld Countyif 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 ofproposed 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 degreeof 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 o f 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 request by the Co unty,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 governmental entity,special district
or utility company.
9.9 The warranty collateral shall be rele ased to the applicant up on final acceptance by the B oard of C ounty
Commissioners for full maintenance under Section 5.3 herein.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners,pursuant b 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 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 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,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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IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year
first above written.
APPLICANT:_
APPLICANT:TITLE: Y tn�/`CS%kiw2
r" i
Subscribed and sworn to before me this day of Feb , 20 OLo ,.
My Commission expires: tai k2P r �• '.. ab'
•
My Commission Expires Notary Public t_J
09/115/2009 E
ATTEST: J , '� � �J `:OARD OF COU TY COMMISSIONERS..
�j'�' ""7 /��q _ � � /� , •1 �y LD COUNT ;COLORADO
lI/Ef (/�/G/`/�"�'•'s�/,'/,�/ 161 ( � ,��r4% . .1
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Weld County Clerk to the Board .'1_' M. J. el e ,Chair
L U N / 03/08/2006
BY%., u t 1 ill/' E (6Y171
eputy C k to the Board
APPROVED AS TO FORM:
a nt ttorney
uoty
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JAN-23_2006 MON 02 19 PM WELD COUNTY PUBLIC WORKS FAX NO. 970 304 6497 P, 01
EXHIBIT "A"
•
Name of'Subdivision AS Ltp,vI�AS Rue
or Planned Unit Development: 144
Filing:
Location: Line R3'G to 1frDt (X i 004 2 4m' G2 C on! So-+17TF
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.)
Quantity Units Unit Estimated
lrtuprovernents Cost Construction Cost
Site Grading I
Street Grading
aLH, /ea $�
Street Base
Street Paving Sn3L:3 S`r * 4a 9S-
Curbs,Gutters and Culverts
Sidewalk
.A 11 0n is-Storm Sewer Facilities
Retention Ponds
Ditch Improvements
Subsurface Drainage
Sanitary Sewers
Trunk and Forced Lines
Mains
Laterals(house connected)
On-Site Sewage Facilities -
On-Site Water Supply and
Storage
Water Mains(Includes Bore) I-S- te- to
Fire Hydrants Ce PL5-Y-E
Survey and Street Monuments l pmt $ f}
cvo
and Boxes
Street Lighting
Street Names
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JAN-23-2006 MON 02: 19 PM WELD COUNTY PUBLIC WORKS FAX NO. 970 304 6497 P. 02
Fencing Requirements 1 Pte- ern)
Landscaping I �* $' 44, 77/O a
Park Improvements
Road Culvert 110 � sf 17
Grass Lined Swale
n0
Telephone tit 4 S07p ,
Gas I 1Lu I S,atxf'
Electric 04 It 3' .(4l 7 133
Water Transfer L0.tfM
Sub-Total: ?aiago av
Engineering and Supervision Costs$ 151 t
(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 $ a Ye, a°eo a�
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:
Applicant
Applicant
Riische — -FYI AsIs LLL Date: l - a(R ,20O(Q.
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
•
111111 X101111 1111 111111 III IIII
06 12:59P Weld ty, CO
10 of 12 R 0.00 D 0.00 Steve Moreno Clerk$ Recorder
Neylsed 47/01120u
clWeyltaun eW SsgnpilhapaNAml Setiliw eepeery Wawa F1W10LK3/4peNWC 10
EXHIBIT "B"
Name of Subdivision I �
or Planned Unit Development t^t I PAC 9#C'Z tS cl..
Filing.
Location: &01,017-4--OO }t iwA-y 60 , ga!.aThs .) CC 3 4.48 cg- S 0^i S-gat
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
tiny c pi-J`x
Street grading tr
Street base it
Street paving t a)$Tf fC S
Curbs,gutters, and culverts ,V14
Sidewalk
rr
Storm sewer facilities
Retention ponds u
Ditch improvements (t
Subsurface drainage ti
Sanitary sewers ,t
Trunk and forced lines ,t
Mains
it
Laterals (house connected)
On-site sewage facilities ,r
On-site water supply and storage t t
Water mains tp.p[.-fl tt
Fire hydrants it
Survey and street monuments and boxes 7 cd PH tc S
Street lighting ao/fl.
Street name signs A 1J•47 S
Fencing requirements .3 ufE&rcC
Landscaping :1 ui7S&LS
Park improvements fir4
Road culvert I (4./P
K
Grass lined swak
Telephone 1 LA)aa-ire
Gas
[.Et+rviI.tEYE
Electric �`"�- L,77
Water transfer v/ g_s
SUB-TOTAL: IA ,.,Mats
1111111 11111 11111 IIII 11111111 IIII IIIIII III IIIIII III IIII
3374732 03/30/2006 12:59P 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 improvements shown above,upon a showing by the Applicant that the above schedule cannot be met.
By: 1
Applicant
Applicant
Pvu S:Lae Date: 7
Title ,20 LA'
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
11111111111111111 III' 111111111111111111III 111111 111 1111
3374732 03/30/2006 12:59P Weld County, CO
12 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
12
coLiaa
Colorado Community Bank of Loveland
IRREVOCABLE LETTER OF CREDIT NO. 018 1050 Eagle Drive
Loveland, CO 80537
(970) 278-0040
January 27, 2006
Board of County Commissioners
ATTN: Clerk to the Board
Po Box 758
Greeley, CO 80632
Re: Hacienda Builders, Inc
We hereby open our Irrevocable Letter of Credit in your favor for the account of Hacienda Builders, Inc for
a sum not to exceed the aggregate of(two hundred forty thousand two hundred ninety dollars and thirty
six cents) $240,290.36.
Each draft so drawn must be marked "Drawn under COLORADO COMMUNITY BANK LETTER OF
CREDIT NO. 018, 1050 EAGLE DRIVE, LOVELAND CO 80537"and be accompanied by a signed
statement from the Board of County Commissioners of Weld County, Colorado stating the builder has
committed a material breach of the Improvements Agreement According to Policy Regarding collateral for
Improvements regarding PF-1058 Las Haciendas PUD dated the 26th day of January, 2006 by and
between Hacienda Builders, Inc and the Board of County Commissioners of the County of Weld.
This credit is subject, so far as applicable, to The Uniform Customers and Practice for Documentary
Credits, 1993 Revision, the International Chamber of Commerce Publication No. 500.
We hereby agree with you that all drafts under and in compliance with the terms of this credit will be duly
honored and presented for payment to our main office, COLORADO COMMUNITY BANK, 1050 EAGLE
DRIVE, LOVELAND CO 80537. This letter of credit will expire on March 27, 2006 at 5:00 p.m.
This letter of credit is automatically extended without amendment,for additional one year periods from the
current expiration or any future expiration date unless 60 days prior to such current expiration date
COLORADO COMMUNITY BANK notifies beneficiary in writing that the letter of credit will not be
renewed. In the case you receive such a notification, you may draw by presentation of the following: (a)a
draft at sight on COLORADO COMMUNITY BANK; (b) a statement purportedly signed by an official of the
Board of County Commissioners of Weld County, Colorado stating that we have received notice from
COLORADO COMMUNITY BANK the Letter of Credit No. 018 will not be renewed that Hacienda
Builders, Inc has failed to provide proof of adequate collateral and substitution of the Letter of Credit No.
018; (c) copy of letter from COLORADO COMMUNITY BANK stating non-renewal of Letter of Credit No.
018 and the original letter of credit.
Yours tr ly,
d
Harry M. M an
Branch President
MEMORANDUM
W IWine
To: Board of County Commissioners -
COLORADO Date: March 1, 2006
From: Kim Ogle, Planning Manager .1`"
Subject: Acceptance of Irrevocable Letter of Credit# 018
Colorado Community Bank of Loveland
for Las Haciendas PUD
Case number PF-1058
Francisco Garcia, Applicant
The Department of Planning Services received an Irrevocable Letter of Credit# 018 from the
Colorado Community Bank of Loveland, for Las Haciendas PUD, case number PF-1058 in the
amount of two hundred forty thousand two hundred ninety (240,290.36) dollars and 36/100s.
Items covered under this Escrow Agreement include:
Site Grading, Street Grading & Street Base $ 44,102.80
Street Paving April 2006 $ 42,252.00
Storm Sewer Facilities April 2006 $ 1,078.50
Survey Street & Monument Boxes April 2006 $ 8,000.00
Fencing Requirements April 2006 $ 10,000.00
Landscape and Irrigation April 2006 $ 46,710.00
Road Culvert April 2006 $ 17,500.00
Site Utilities:
Telephone, Gas and Electric April 2006 $ 55,647.00
Sub-Total: $ 225,290.30
Engineering and Supervision $ 15,000.00
Total Estimated Cost of Improvements and Supervision $ 240,290.30
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 Las Haciendas PUD, and the Department of Planning Services recommends
acceptance of this Escrow Agreement.
M:\wpfiles\ogle\kim\collateral\PF 1058.wpd
SERVICE,TEAMWORK,INTEGRITY,QUALITY
P[. / '7 g L
it,,,,,, , MEMORANDUM
t\ lot TO: Kim Ogle, Planning Manager DATE: January 26, 2006
O FROM: Drew Scheltinga, P.E., Public Works Department
Viii�
COLORADO SUBJECT: PF-1058 Las Haciendas PUD (Final Plat)2nd
Attached is a copy of revised Exhibit "A" for the Improvements Agreement for PF-1058,Las Haciendas PUD,
from Fran Garcia. The revision takes out the cost for water mains, fire hydrants and water transfer. The water
mains and fire hydrants have been completed but the water transfer has not taken place.
It is acceptable to Lee Morrison not to require surety for water districts providing the water district provides a
letter waiving the need for surety.
I have discussed this issue and this project with Michael Cook,District Engineer for the Little Thompson Water
District. Attached is a letter from Mr. Cook addressing the water mains, fire hydrants and water transfer that
states the District does not require escrow for Las Haciendas PUD.
The revised total estimated cost of nutnovements and supervision of$240,290.36 in the revised Exhibit "A",
dated January 26, 2006, is acceptable to the Public Works Department.
PC: PF-1058 Las Haciendas PUD(Final Plat)
Email &Original: Kim Ogle
Fax &PC by Post: Fran Garcia
MAR-06-2006 MON 10: 18 AM WELD COUNTY PUBLIC WORKS FAX NO. 970 304 6497 P. 01/01
10/03/2014 01:34 FAI X002
Jan 26 06 Lls26a _ ^ _ — _ p• L
LITTLE THOMPSON WATER DISTRICT
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MANAGER:
wonaus worm.
Re;Water systait improvements—Las Haeiebdaa nip
Dear Sir.
The water systom improvements for Las Haciendas 1PUD are in place.A bill of sale and avb+nit
plans have been provided. All of the raw water has not bean transferred and the final installation of the
macro has not been carte and will not be required until soviet is requ tied at each lot in the project.
The Dist is has committed to serve the lots in the subdivision. The District does not require the
developer to ceo ow funds for the project construelion or water lira,
if you have questions,or need any additional information please cost me in OUT of'dce.
Ropardx,
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Diatrkt Entrance
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