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Home My WebLink About20060021.tiff RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERALFOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN,ANDACCEPTCOLLATERALFOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #604 - DARREL ADOLF AND DELMER ZIEGLER 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 August 24,2005,the Board of County Commissioners approved a Planned Unit Development Final Plan, PF #604, for Darrel Adolf and Delmer Ziegler, P. O. Box 736, Wellington, Colorado 80549, for Six (6) Residential Lots and One (1) Agricultural Outlot on the following described real estate, to-wit: Lot C of Recorded Exemption#2940;being part of the NE1/4 of Section 29, Township 9 North, Range 67 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 Darrel Adolf and Delmer Ziegler, with terms and conditions being as stated in said agreement, and WHEREAS,the Board has been presented with Irrevocable Letter of Credit#324 from New Frontier Bank, 1130 Main Street, Windsor, Colorado 80550, in the amount of$33,116.67, and WHEREAS,after review, the Board deems it advisable to approve said agreement and accept said Irrevocable Letter of Credit as stated above, copies of which are attached hereto and incorporated herein by reference. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Improvements Agreement According to Policy Regarding Collateral for Improvements(Private Road Maintenance)between the County of Weld,State of Colorado, by and through the Board of County Commissioners of Weld County,and Darrel Adolf and Delmer Ziegler, be, and hereby is, approved. BE IT FURTHER RESOLVED that Irrevocable Letter of Credit#324 from New Frontier Bank, 1130 Main Street,Windsor,Colorado 80550,in the amount of$33,116.67, be and hereby is, accepted. 2006-0021 (.(t " Pt', At)/ CC_ hLCCba PL1733 bet -c^� IMPROVEMENTS AGREEMENT - DARREL ADOLF AND DELMER ZIEGLER PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 4th day of January, A.D., 2006. BOARD OF COUNTY COMMISSIONERS La WELD CO TY, COLORADO ATTEST: 432 M. eile, Chair Weld County Clerk to th BY:( ani!ll David . Long, Pro-Tern D .uty CI- k to the Boar. 41-1Th _ . Wil ' m H. Jerke APP AST • Robe D. Mas en my ttorney Glenn Vaad Date of signature: I I/1 40 2006-0021 PL1733 4*(4; MEMORANDUM Im`me. TO: Board of County Commissioners COLORADO DATE: December 27, 2005 FROM: Sheri Lockman, Planner II SUBJECT: Acceptance of Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance), and Agreement for Improvements for Weld County Road 17 Road Stabilization for Dust Control Antelope Estates PUD Case Number PF-604 Darrel Adolf and Delmer Ziegler The Departments of Planning Services and Public Works have reviewed the Improvements Agreements for Antelope Estates PUD. Items covered under the Improvements Agreements include: Site grading $ 1,777.78 Street base $ 8,888.89 Culverts $ 750.00 Survey and street monuments and boxes $ 2,000.00 Landscaping $ 500.00 Electric $18,000.00 Engineering and supervision $ 1,200.00 Total Estimated Cost of Improvements $ 33,116.67 The Department of Public Works and the Department of Planning Services, have determined that the amount of the agreements will be sufficient to complete the work required for Antelope Estates and County Road 17. The Department of Planning Services recommends acceptance of the Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance) and Agreement for Improvements for Weld County Road 17 Road Stabilization for Dust Control. v 2006-0021 FL / #733 • Weld County Planning Department, OREELEY OFFICE Cfa JUL 1 5 2005 144, MEMORANDUM RECEIVED ' TO: Sheri Lockman,Planning De ent DATE: 14-July-2005 FROM: Peter Schei, P.E., Publi Department C. COLORADO SUBJECT: PF-604 Antelope Estates PUD(Final Plat) Weld County Public Works Department has reviewed these final plan materials and has the following development referral comments. • Comments ❑ The Final Drainage Report for Antelope Estates PUD, dated June 25, 2003, by Northern Engineering Services, Inc. (Project Number AEP: 01-044)is acceptable to Public Works. o .The department will keep the sealed report in the case file for use during the construction phase. ❑ The applicant has submitted an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance), which is acceptable to Public Works. The Board of County Commissioners prior to recording the final plat shall approve the agreement. ❑ The applicant has submitted an Agreement for Improvements for WCR 17 Road Stabilization for Dust Control, which is acceptable to Public Works. The Board of County Commissioners prior to recording the final plat shall approve the agreement. ❑ Public Works has reviewed (July 2005) Antelope Lane Plan and Profile/Grading Plan, by DMW Civil Engineers. The drawings are generally acceptable to Public Works. o The Typical Section—Interior Streets must be amended by deleting the option of full depth asphalt on Sheet 1. o The Grading&Erosion Control Plan(Sheet 2)must be amended to correct the cul-de-sac right-of-way radius to 65'. o The engineer shall show the location(s) of silt fence required during construction activities, which is in accordance with standard erosion control plans(Sheet 2). o The engineer shall prepare a construction detail for typical lot grading with respect to drainage for the final plan application. Front,rear and side slopes around building envelopes must be addressed. In addition, drainage for rear and side lot line swales shall be considered. Building envelopes must be planned to avoid storm water flows, while taking into account adjacent drainage mitigation. o The plans must be resubmitted to Public Works. All drawings must be sealed by the engineer of record, before the Department will permit the case to proceed through the development process and before the plat may be recorded. • This is consistent with County Code: Sec 24-3-50. o Certified drawings will remain in the department's file for use during construction. ❑ The applicant shall specify the thickness of aggregate base course for the interior street cross-section in correlation with the Preliminary Geotechnical Subsurface Exploration Report produced by Earth Engineering Consultants, Inc. (June 2001). Weld County requires a minimum of 4"thick Class 6 aggregate base course. ❑ The applicant must submit three (3) additional sets of final roadway, drainage, utility / construction plan drawings (stamped, signed, and dated)to Public Works for Weld County Field Inspectors' use during construction of the subdivision. ❑ The applicant or their agents may be required to obtain permits from Weld County's Public Works - Utility Agent, for each utility. Recommendation ❑ The above comments are prerequisites and shall be fulfilled prior to recording the final plat. Any1ssues shall beresolved-with tubbic Works to recording of the j nalplat` •PC: PF-604 Antelope Estates PUD(Final Plat) Email&Original:Planner:Sheri Lockman PC by Post: Applicant:Darrel Adolf&Delmer Ziegler PC by Post: Engineer:DMW Civil Engineers ------ Page 1 of 1 -_ cn4 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this day of ,2005,by and between the County of W eld,State of Colorado,acting through its Board of County Commissioners,hereinafter called"County," and Darrel Adolf and Delmer Ziegler 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: Lot C RE-2940, being a portion of the NE 1/4 of Section 29,T9N, R67W of the 6th P.M., Weld County Colorado, and the County of Weld, State of Colorado. WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be known as Antelope Estates PZ#604 has been submitted to the County for approval,and WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Plat,Planned Unit Development Final Plat, or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improve ments shown on plans,plats and supporting 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: — 0 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 c "A," which is attached hereto and incorporated herein by reference. CVs 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor cs s 'o o registered in the State of Colorado,and shall conform to the standards and criteria established by the v2 County for public improvements. art - a, 1.2 The required engineering services shall consist of,but not be limited to, surveys,designs,plans and a 0; profiles, estimates, construction supervision, and the submission of necessary documents to the ea —o —o County. -T aaaa�o 0 e 1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit o c Development to the County for approval prior to the letting of any construction contract. Applicant oo shall furnish one set of reproducible"as-built"drawings and a final statement of construction cost to — o the County. o cc mil— 2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements herein agreed upon, u� Applicant shall acquire,at its own expense,good and sufficient rights-of-way and easements on all lands and ow=p3 o facilities traversed by the proposed improvements. _ter 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit 1 &UG'/o -OD / 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 b the satisfaction of the County at Applicant's expense. 3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems,water, gas,electric and telephone services. 3.5 Said Subdivision or Planned Unit Development improvements shall be completed,according to the terms of this Agreement, within the construction schedule appearing in Exhbit "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 againstthe County on account of any such suit,action or claim,tog ether with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its offices, agents, employees, or otherwise except for the liability, loss,or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. (THERE IS NO SECTION 5) 6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant,streets within a Subdivision or Planned Unit Development may be approved by the County as public roads and will be maintained and repaired by a Homeowners Association or, in its absence, the owners of lots within the Subdivision or Planned Unit Development. 6.1 If desired by the County,portions of street improvem ents 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. 1 IILI 11111 11111 111111 111111 III 1111111 III 11111 It IIII 2 3357504 01/25/2006 01:08P Weld County, CO 2 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder eTh 6.2 County may, at its option, issue building permits for construction on bts for which street improvements detailed herein have been started but not completed as shown on Exhibit"B,"and may continue to issue building permits so long as the progress o f work on the Subdivisio nor 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 S ubdivision o r Planned Unit Development and the filing of a Statement of Substantial Compliance,the applicant(s)may request in writing that the County Engineer inspect its streets and recommend thatthe Board of County Commissioners partially approve them. Not sooner than nine months after partial approval, the County Engineer shall,upon request by the applicant, inspect the subject streets,and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards,he o r she shall recommend full approval. Upon a receipt of a positive unqualified recommendation from the County Engineer for approval of streets withinthe development, the Board of County Commissioners shall fully approve said streets as public but with private pay. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to One-Hundred percent (100%)of the value of the improvements as shown in this Agreanent. 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 acceptab le collateral has not been submitted within six(6)months then • the Final Plat approval and all preliminary approvals shall automatically expire. Applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards,policies and regulations. The improvements shall be completed within one(1)year after the Final Plat approval(not one year after acceptable collateral is submitted) unless the applicants) 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 design ating filings of a Planned Unit Development Final Plat or Subdivision Final Plat. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not 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. 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 gate at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred percent(100%)of the total value of the improvements as set forth in Section 6.0 and Exhibits"A"and "B." 8.1.2 The Letterof Credit shall provide for paymentupon demand to Weld County if the developer • -ations specified in the Improvements Agreement and the issuer 11111111111111111111111111111III1111111III11111 /III /III 3 3357504 01/25/2006 01:08P Weld County, CO 3 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder /0^••• 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 b y the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e., streets, sewers,water mains and landscaping,etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that fifteen perc ent (15%) of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by We Id County of the final fifteen percent(15%),or one year from the date of Final Plat approval,whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty(60)days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the proposed development is used as collateral,an appraisal is required of the property in the proposed development by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current degree of development is sufficient to cover One-Hundred percent(100%)o f the cost of the improvements 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 b be developed has been accepted as collateral by Weld County,then an appraisal is required of the property by a Member of the Institute of Real Estate Appraisers(M.A.I.)indicating that the value of the property encumbered in its current state of development is sufficient to cover One-Hundred percent(100%)of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 1111111111111111111111111111III111111I III IIIII 1111111 4 3357504 01/25/2006 01:08P Weld County, CO 4 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder r'1 !Th 8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution. 8.3.4 If Weld County determines there is a default of the Improvements Agreement, the escrow agent,upon req uest 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. 8.5 A cash deposit made with the County equivaknt 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 ora 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 ifthe fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets by the County, the applicant(s)may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible govemmental entity,special district or utility company. 9.9 The warranty collateral shall be released to the applicant up on final approval by the Board of C ounty Commissioners. 10.0 Public Sites and Open Spaces: When the Board of County Commissioners,pursuant to a rezoning,Subdivision or Planned Unit Development,requires the dedication,development and/or reservation of areas or sites other than Subdivision or Planned Unit Development streets and utility easements of a character,extent and location suitable for public use for parks,greenbelts or schools,said actions shall be secured in accordance with one of IILO 11111 11111 �� 111111111111111 �� 5 3357504 01/25/2006 01:08P Weld County, CO 5 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder n 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 ofwhich 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 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. 11NILO Minn 1111111111111�� 3357504 01/25/2006 01:08P Weld County, CO 6 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 6 rot IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year first above written. APPLICANT: Dr A If APPLICANT: Delmer Ziegle TITLE: Subscribed and sworn to before me this 2 Itday of J,/le J ,20 OS My Commission expires: 1 O '�ov ei Notary Public II'S �© B DIANA L. HOOVER Notary Public p • State of Colorado ATTEST: JJ""ti /�/JJ �BOARD OF COUNTY COMMISSIONERS ` �► Elsa`ELDCOUNTY. OLORADO Weld County Clerk to the Board 1161 tikt"‘ /� M. J. Geile ,Chair BY: / I avt(((ib.d' �1 ,7-7 'rJ puty CI k to the Boar APPROVED AS TO FORM: ttomey I IIIIII VIII VIII IIIIII IIIIII III IIIIIII III IIIII IIII I'll 3357504 01/25/2006 01:08P Weld County, CO 7 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 7 dcc/o -OOc7/ EXHIBIT "A" Nara::of Subdivision cr Planned Unit Development: AMTttOf£ EsfA-ft5 P2:* ecioq Lactation: NE 4,./ sec 2.9, r9N R CPA/ Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planed Unit Development the following improvements. (Leave spaces blank where they do not apply) lmoroverrents Ouantity Units Unit Estimated Construction Costs Cost Site grading- Street grading X93 3 711Street base S 93 /5 ASA S. e l Street.paving Cubs,gutters,and etiveris 151). OD '75 IF to S_dea,aik S:omt sewer facilities Retention ponds Ditch Loanrovements Subsurface drainage Sanitary-sewers Trunk and _feeed lines Mains Laterals(house connected) Chi-site sewage facilities On-sia water supply and storage Water Mains(includes bore) Fire hydrants Survey and street monuments and boxes 20 100 2.COO .00 Street lighting Street Names Fencing requirements i andscaning 1 $00 DO.CO Park improvements Road calved Grass lined swale Telephone At 14 Gas Electric I P4000 )(1OOO . OO Water transfer SUB-TOTAL: 3/1 9 I(o.(o7 Engineering and Supervision Costs$ I 1 200.04 (Testin a,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 $33, I Ito I . 67 11111111111111111111111111111 �� 1111111 �� 111111111 �� 8 3357504 01/25/2006 01:08P Weld County, CO 8 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder £OQ 2 IVd T6:60 S0/OZ/ZT n eTh conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said i p .vements sh be ompleted according to the construction schedule set out in Exhibit"B." By: �. 7 Applicant Darrel Adolf at- Hz- Applicant Delmer Zieol r Date: , 20 Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 11111111111 IIIII 111111111111 Ellin III 1111111111111 3357504 01/25/2006 01:08P Weld County, CO 9 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 9 DMW CIVIL ENGINEERS 970 461 2666 06122/09 07iO2pm P. 002 • EXHIBIT"B" Name of Subdivision /� "_, or Planned Unit Development Av1't•Gia C-she S 0.0 c- Sx+bd'iv S1o.� Filing Location: /i/e'I'll 6e.c, 2'I , !'i,s. Rb-f W 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 witbm years from tbedate of approval of the final plat.Constmction 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 /iii-,M. Street bane Ma site Street Daring Curbs.gutters.and culverts $idcyalk Atom sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities arc A t On-site water supply and storage J4 \nn 6Ve bu I Water mains Fire hydrants Statvey pnd street monuments and boxes Z+non{41 Street lighting Street name signs imp n Fencing milkmen is Landscaping Park jmorovemeats Road culvert 14,Ito to . Arc- 10.4:F t Grass lined swak Telephone f t ho g ajc b..:IL Gas Electric r�S 4 n't S L�fs. tp,i.14. Water Transfer SVQ-.1QTAL: t ihon 10 111111111111111111111111111111111111111111111111 III i111 3357504 01/25/2006 01:08P Weld County, CO 10 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder n rei The Co y,at its option,and won the request of the Applicant,may grant an extension of time for completion for any particul r i i provements shown above,upon a showing by the Applicant that the above schedule cannot be met. By: Applicant Darrel Adolf (��Gtifiw..t.v Applicant pelmet Zieq r Date: ,20 Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 11151451101 410111121151)210101611110111:1011 I I II W111X11 III Hill I II Ill 13 11 of 11 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 11 0/7 • L' NEW FRONTIER BANK Cd4IRREVOCABLE LETTER OF CREDIT#324 Darrel Adolph Dated: December 22, 2005 Expires: June 21, 2006 Number: 324 Board of County Commissioners: The Letter of Credit shall be in the amount of$33,116.67. 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. The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 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 of 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. 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. 1 130 Main Street • Windsor, Colorado 80550 • 970-674-9080 • Fax 970-674-9090 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. The Letter of Credit shall be governed by the laws of the State of Colorado, including Article Five of the Uniform Commercial Code. This Letter of Credit shall be subject to the Uniform Customs and Practice for Documentary Credits: International Chamber of Commerce Publication Number 400. Sin ely, Jim Larsen Vice President New Frontier Bank Hello