HomeMy WebLinkAbout20021771.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE),
AUTHORIZE CHAIR TO SIGN, AND ACCEPT FORM OF COLLATERAL FOR DOS
RIOS ESTATES, FILING 2, PHASE 3, S #385 - JOYCE ALLELY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and tiie Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on August 14, 1995, the Board of County Commissioners did approve a
Site Specific Development Plan and Subdivision Final Plat, S #385, for Dos Rios Estates,
Filing 2, Phase 3, Lots 5 - 16, Block 3; Lots 1 - 4, Block 2; Lots 1 - 4, Block 1; Coyote Trail -
Caballo Trail; 40th Street - Vaquero Trail and Pajaro Way, for Dos Rios, Inc., do Joyce Allely,
Dos Rios Estates, on the following described real estate, to-wit:
Part of Section 34, Township 5 North, Range 66
West of 6th P.M., Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented
with an Improvements Agreement According to Policy Regarding Collateral for Improvements
(Public Road Maintenance) between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and Dos Rios, Inc., c/o Joyce Allely, Dos Rios
Estates, with terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with the form of a Development Loan issued
by Lisa Hopkins, Business Banker for Wells Fargo Bank, West, N.A., Greeley, Colorado, in the
amount of$492,100.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept the form of said Development Loan as stated above, which is included in 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 Dos Rios, Inc., c/o Joyce Allely, Dos Rios
Estates.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Coloraau, 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 Dos Rios,
Inc., c/o Joyce Allely, Dos Rios Estates be, and hereby is, approved.
2002-1771
f� 4, fil PL0915
IMPROVEMENTS AGREEMENT - DOS RIOS, INC., O/O JOYCE ALLELY, DOS RIOS
ESTATES
PAGE 2
BE IT FURTHER RESOLVED that the form of the Development Loan issued by Lisa
Hopkins, Business Banker for Wells Fargo Bank, West, N.A., Greeley, Colorado, in the amount
of $492,100.00, which is included as part of said Improvements Agreement be, and hereby is,
accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of July, A.D., 2002.
BOARD OF C UNTY COMMISSIONERS
ja / I ♦ WE p COUNLORADO
ATTEST: � ��i �� <C�jj
aad, Chair
Weld County Clerk to t
y
David E. Long, Pro-
BY: • i1� . ;
Deputy Clerk to the B.: i,, -/ ,ti ,{ \\, '. EXCUSED DATE OF IGNING AYE)
—L r M. J. Geile
APPR D AS T • ) y(
William H. Jerke
un tt ,ne EXCUSED
Robert D. Masden
Date of signature: 1.5
2002-1771
PL0915
874 IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLIC ROAD MAINTENANCE)
THIS AGREEMENT, made and entered into this //D-day off i , 200z-, by
and between the County of Weld, State of Colorado, aging through its Board of County Commissioners,
hereinafter called "County," and yee L1,GL i' ,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: 'scs Rios z Dj,tSc 3�
tats .S-4 � P/orb 3 g Lots /- 41/oc/S J. /- P.3/�,f r•/JOc. e vn -7—R/9/4. - ea.64,7h5 7R/t/Z • Odleikes
/?afzto GU Ls to /7 a-par o' of 3 ,'
we.a 6� /gaattod•
WHEREAS, a final Subdivision/Planned Unit Development (PUD) Plat of said property, to be
known as dos Mies evict C3 --)//g? --Z has been submitted to the County for approval; and
Ph€st 3 43/46-, I, Gofs 4-0; 6`lccK-g Gal`s /-y 4/ooh' Let s--...i6.
WHEREAS, relevant Sections of'the Weld Coun"4y 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 Improvements Agreement guaranteeing the construction of the public
improvements shown on plans, plats and supporting documents of the Subdivision Final Plat, Planned
Unit Development Final Plat, or Site Plan, which improvements, along with a time schedule for
completion, are listed in Exhibits "A" and "B"of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and
approval of said Final Plat, the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering
services in connection with the design and construction of the Subdivision or Planned
Unit Development improvements listed on Exhibit "A," which is attached hereto and
incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional Engineer
and Land Surveyor registered in the State of Colorado, and shall conform to the
standards and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs, plans and profiles, estimates, construction supervision, and the
submission of necessary documents to the County.
1.3 Applicant shall furnish drawings and cost estimates for roads within the
Subdivision or Planned Unit Development to the County for approval prior to the
letting of any construction contract. Before acceptance of the roads within the
Subdivision or Planned Unit Development by the County, Applicant shall furnish
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one set of reproducible "as-built" drawings and a final statement of construction
cost to the County.
2.0 Rights-of-way and Easements: Before commencing the construction of any
improvements herein agreed upon, Applicant shall acquire, at its own expense, good and
sufficient rights-of-way and easements on all lands and facilities traversed by the
proposed improvements. All such rights-of-way and easements used for the construction
of roads to be accepted by the County shall be conveyed to the County and the documents
of conveyance shall be furnished to the County for recording.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or
Planned Unit Development improvements listed on Exhibit "A," which is attached hereto
and incorporated herein by reference, according to the construction schedule set out in
Exhibit"B" also attached hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings
approved by the County and the specifications adopted by the County for such
public improvements. Whenever a Subdivision or Planned Unit Development is
proposed within three miles of an incorporated community located in Weld
County or located in any adjacent county, the Applicant shall be required to
install improvements in accordance with the requirements and standards that
would exist if the plat were developed within the corporate limits of that
community. If the incorporated community has not adopted such requirements
and standards at the time the Subdivision or Planned Unit Development is
proposed, the requirements and standards of the County shall be adhered to. If
both the incorporated community and the County have requirements and
standards, those requirements and standards that are more restrictive shall apply.
3.2 Applicant shall employ, at its own expense, a qualified testing company
previously approved by the County to perform all testing of materials or
construction that is required by the County; and shall furnish copies of test results
to the County.
3.3 At all times during said construction, the County shall have the right to test and
inspect, or to require testing and inspection of material and work, at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced 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.
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4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any
and all liability loss and damage County may suffer as a result of all suits, actions or
claims of every nature and description caused by, arising from, or on account of said
design and construction of improvements, and pay any and all judgments rendered
against the County on account of any such suit, action or claim, together with all
reasonable expenses and attorney fees incurred by County in defending such suit, action
or claim whether the liability, loss or damage is caused by, or arises out of the negligence
of the County or its officers, agents, employees, or otherwise except for the liability, loss,
or damage arising from the intentional torts or the gross negligence of the County or its
employees while acting within the scope of their employment. All contractors and other
employees engaged in construction of the improvements shall maintain adequate worker's
compensation insurance and public liability insurance coverage, and shall operate in strict
accordance with the laws and regulations of the State of Colorado governing occupational
safety and health.
5.0 Off-Site Improvements Reimbursement Procedure: The subdivider, applicant, or owner
may be 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:
The legal description of the property to be served.
The name of the owner(s)of the property to be served.
A description of the off-site improvements to be completed by the
subdivider, applicant, or owner.
The total cost of the off-site improvements.
The total vehicular trips to be generated at build-out by the Subdivision,
Resubdivision, or Planned Unit Development, as specified by the ITE
Trip Generation Manual, or by special study approved by the Board of
County Commissioners.
A time period for completion of the off-site improvements.
The terms of reimbursement.
The current address of the person to be reimbursed during the term of the
agreement.
Any off-site improvements agreement shall be made in conformance
with the Weld County policy on collateral for improvements.
5.3 If the subdivider, applicant, or owner fails to comply with the improvements
agreement, the opportunity to obtain reimbursement under this section is
forfeited.
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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 improvements agreement, the
subsequent subdivider, applicant, or owner shall reimburse the original
subdivider, applicant, or owner,for a portion of the original construction cost. In
no event shall the original subdivider, applicant, or owner collect an amount
which exceeds the total cost of improvements less the pro rata share of the total
trip impacts generated by the original development. Evidence that the original
subdivider, applicant, or owner has been reimbursed by the subsequent
subdivider, applicant or owner shall be submitted to the Department of Planning
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 by the 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 entitled to
reimbursement under the off-site improvements agreement, entered into between
the subdivider and the County, is ten years from the date of execution of a
contract for road improvements.
5.8 This provision is not intended to create any cause of action against Weld County
or its officers or employees by any subdivider, applicant, or owner for
reimbursement, and in no way is Weld County to be considered a guarantor of
the monies to be reimbursed by the subsequent subdividers, applicants, or
owners.
6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the
following procedures by the Applicant, streets within a Subdivision or Planned Unit
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Development may be accepted by the County as a part of the County road system and
will be maintained and repaired by the County.
6.1 If desired by the County, portions of street improvements may be placed in
service when completed according to the schedule shown on Exhibit "B," but
such use and operation shall not constitute an acceptance of said portions.
6.2 County may, at its option, issue building permits for construction on lots for
which street improvements detailed herein have been started but not completed
as shown on Exhibit "B," and may continue to issue building permits so long as
the progress of work on the Subdivision or Planned Unit Development
improvements in that phase of the development are satisfactory to the County;
and all terms of this Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a Subdivision or Planned
Unit Development and the filing of a Statement of Substantial Compliance, the
applicant(s) may request in writing that the County Engineer inspect the streets
and recommend that the Board of County Commissioners accept them for partial
maintenance by the County. Partial maintenance consists of all maintenance
except for actual repair of streets, curbs and gutters, and related street
improvements. Not sooner than nine months after acceptance for partial
maintenance of streets, the County Engineer shall, upon request by the applicant,
inspect the subject streets, and notify the applicant(s) of any deficiencies. The
County Engineer shall reinspect the streets after notification from the applicant(s)
that any deficiencies have been corrected. If the County Engineer finds that the
streets are constructed according to County standards, he shall recommend
acceptance of the streets for full maintenance. Upon a receipt of a positive
unqualified recommendation from the County Engineer for acceptance of streets
within the development, the Board of County Commissioners shall accept said
streets as public facilities and County property, and shall be responsible for the
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 completed within
one (1) year after the Final Plat approval (not one year after acceptable collateral
is submitted) unless the applicant(s) requests that this 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
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remaining to be completed. If improvements are not completed and the
agreement not renewed within these time frames, the County, at its discretion,
may make demand on all or a portion of the collateral and take steps to see that
the improvements are made.
7.2 The applicant may choose to provide for a phased development by means of
designating filings of a Planned Unit Development Final Plan or Subdivision
Final Plan. 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." The
costs of the improvements described in Exhibit "A" will be adjusted higher or
lower for the year and quarter in which the contemplated work is being
performed based on "The State Highway Bid Price Index" contained in the
"Quarterly Cost Report" of The Engineering News-Record as published by The
McGraw-Hill Companies. The applicant has provided cost estimates 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 collateral listed below is acceptable to Weld County
subject to final approval by the Board of County Commissioners.
8.1 A Development Loan consisting of a straight line of credit from a federal
licensed financial institution on a form approved by Weld County. The
Development loan shall specify at least the following:
8.1.1 The Development Loan shall be in an amount that is not less than 115%
of the total value of the improvements as set forth in Section 6.0 and
Exhibits "A" and "B."
8.1.2 The applicant may draw from the Development Loan in accordance with
the terms of the Construction Loan Agreement between the issuer of the
Development Loan and the applicant.
8.1.3 Draws shall be made under the Development Loan on a form agreeable
to the issuer of the Development Loan and shall include a certification of
completion of improvements prepared by an inspector who has been
approved by the issuer of the Development Loan. Draw requests may be
made in monthly intervals.
8.1.4 Draws from the Development loan shall be used for improvements as
specified in the Improvements Agreement and for no other purpose. The
issuer of the Development Loan shall review the monthly progress of the
improvements with a designated representative of the County and shall
disburse for payment only after the County has approved said
disbursement.
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8.1.5 The Development Loan shall provide for payment on demand to Weld
County if the developer has not performed the obligations specified in
the Improvements Agreement. Demand shall be in the form of a
certified copy of a Resolution of the Board of County Commissioners
finding that the developer has not performed the obligations specified in
the Improvements Agreement and shall include evidence of completion
of any improvements made by Weld County for which payment is
needed. Payments made on demand to Weld County shall be limited to
the unreleased portion of the Development Loan.
8.1.6 The Development Loan shall specify that 15% of the total value of the
improvements as set forth in Section 6.0 and Exhibits "A" and "B"
cannot be drawn upon and will remain available to Weld County during
the term of the Development Loan. The amounts will be considered
"Warranty Collateral" and will be proportionally allocated to the public
improvements as listed in Exhibits "A" and "B." In the event the
Development Loan expires prior to the County's approval to release the
"Warranty Collateral", the applicant agrees to provide "Warranty
Collateral" in the amount of 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.
8.1.5 The Development Loan shall expire one year from origination of the
Development Loan. In any event, it shall remain in full force and effect
until after the Board has received sixty (60) days written notice from the
issuer of the Development Loan of the pending expiration. Said notice
shall be sent by certified mail to the Clerk to the Board of County
Commissioners.
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.
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9.4 The Statements of Substantial Compliance must be accompanied, if appropriate,
by a letter of acceptance of maintenance and responsibility by the appropriate
utility company, special district or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall
indicate if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in Sections 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 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 released to the applicant upon final acceptance
by the Board of County Commissioners for full maintenance under Section 5.3
herein.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a
rezoning, Subdivision or Planned Unit Development, requires the dedication,
development and/or reservation of areas or sites other than Subdivision or Planned Unit
Development streets and utility easements of a character, extent and location suitable for
public use for parks, greenbelts or schools, said actions shall be secured in accordance
with one of the following alternatives, or as specified in the Planned Unit Development
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
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Board and the Applicant. The cash collected shall be deposited in an escrow
account to be expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors,
personal representatives, successors and assigns of the Applicant, and upon recording by
the County, shall be deemed a covenant running with the land herein described, and shall
be binding upon the successors in ownership of said land.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
APPLICANT: . " rt r L La Lfr2
APPLICANT:
TITLE:
PRY .P !tC
ISSUER OF DEVELOPMENT LOAN (as to section
I
8.0):
S :' ANGELA L.II d Well s Arad �O IS�K hG9# N, A.
f ; FISHER `BY: a .�J, , IQ� f
Vi t.\OF,CO�'cs air
—
TITLE: I'Ai I]e s5 60_/) x-er
Subscribed and sworn to before me this I ' day of /1 L Mt_ , 20 02.
My Commission expires: V
6.43- yo o 6 / ota ; P .lic
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
j 12 Glenn Vaad, C (0-7/0/41a-14.)
ATTEST: IL,_/.V of, i .� -
IL, /
Weld :.unt i le k,o t7� ..,i+ n �I
BY: adA
Deputy Clerk to the : � p
APPROVED AS TO FORM:/
ounty Att ey
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EXHIBIT"A"
Name of Subdivision �
or Planned Unit Development: p b 0 s P JO S 6516µµ�5
Filing: Two 1944g;1944g; �
l� 78Jtt E,J �n�AZ� ; 1 2i 3; 4 "s / I'll 5- _/‘ .
Location:dnc 7b �Reiq/L i eaheilJ 773, X. Uric° 744 L 6CapieI Gtar ‘74Q
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.)
Estimated
Improvements Unit Cost Construction Cost
Site grading
Street grading
Street base
Street paving 8(c/ Q65• /7
Curbs,gutters, and culverts
Side' ilk e2)hote4Q.ttec
Storm sewer facilities
Retention ponds it./7) Z o z• 35-' 0;c/adES ��"'
Ditch improvements R�
Subsurface drainage
._ 7,2aclliki 6 8,tcc6k-F;lh/cc -F G1ua gl.So
„TA site() 14n/via n cf'(Cs an IS 77s ao
Mains Cl
Laterals (house connected)
On-site sewage facilities (")6PrlL
On-site water supply and storage
Water mains (includes bore) D 3(25.50
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street name signs 700. 00
Fencing requirements
Landscaping t9nf�.t 7 t n V (. /S °7u 1 (0f //d• ff 8'
Park improvements Q
Road culvert
Grass lined swale
Telephone 3 6 7 9.co
Gas 7-4-/AD-
Electric jS es Oa 00
Water transfer
SUB-TOTAL:
Engineering and Supervision Costs $ SOS 000
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I IIIIII IIIII IIIIIII IIII IIIII IIIIIII UL ' 1
Ill 1111, CO
11 of 14 R 0.00 D 0.00 J.A. "Saki" Tsukamoto
•
(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 $ 2-,/6O
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
�becompleted
according to the construction schedule set out in Exhibit"B."
By: ./GtLE // IL 4, y
Applicant
rje( aztegz,
Applicant
�� �, Date: — -/�' /( , 20 D'Y.
Title (OE,CJ�1,�.�
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
1 111111 11111 1111111 IIII 11111 IIII 1111111 III IIIIII III till
2967874 07/10/2002 09:09A Weld County, CO
12 of 14 R 0.00 D 0.00 J.A. "Suki" Tsukamoto
EXHIBIT"B"
Name of Subdivision / /^
or Planned Unit Development:J IIaS fir// l6`� 6S1 S
Filing: 1 lltlt� ll�d 1d ie -thee
Location: /6cc 1/ 2 3. (.()(5 Li 1-4 St/C, eaY67 7-491 —
•
All improvements shall be completed within / years from the date of approval of the final plat.
Construction of the improvements listed in Exhibit"A" shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading 0.700frl Oh/Se/MtQuern/Mt glec?•
Street grading ' 33 niti
Street base 1j
Street paving �J -ntt
Curbs, gutters, and culverts
e
sttabwalk 5 Pt61�,�1�luvA
Storm sewer facilities ' -�
Retention ponds aryl 'w ^ lr S tAK.W.4
Ditch improvements
Subsurface drainage
Sanitary sewers GHt q —foto lI I Sji - S
Tea-foreed l i n St22C Thar in v-Q,l';,/!k-S`2"11A)w G (Si€-J k S
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply and storage
Water mains(includes bore) tS
Fire hydrants l (( Jls {L , l(S 72-44-)
ax
Survey and street monuments and boxes II CLC ( !��
Street lighting /
Street name signs al0�lf 9112.e�
Fencing requirements
Landscaping
Park improvements
Road culvert
Grass lined swale
Telephone `21-0 2-
Gas Op, _64 a-
Electric �Q `r}So a--
Water transfer
SUB-TOTAL:
13
1 10111 111111111111 NH 1111 1111111 MHO III lit
2967874 07/10/2002 09:09A Weld County, Co 13 of 14 R 0.00 0 0.00 J.A. "Sold" Tsukamoto
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 schedules {
cannot rbe met.
By: iVtr v + l i i &y
Applicant'
Applicant
W/L V l
L' Date: \halt, ft , 20 67_r
Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
14
Aril 111111111111 IIII HUH 1111111 III 111111 III IHI
2967874 07/10/2002 09:09A Weld County, CO
14 of 14 R 0.00 D 0.00 J.A. "Suki" Tsukamoto
( MEMORANDUM
WI TO: Board of County Commissioners
COLORADO DATE: June 24, 2002
FROM: Kim Ogle, Planner III
SUBJECT: Acceptance of Collateral
Dos Rios Estates, Filing 2, Phase 3
Block 1- Lots 1-4; Block 2 - Lots 1-4; Block 3 - Lots 5-16
Applicant: Joyce Allely
The Department of Planning Services received an Improvements Agreement and evidence of a
Development Loan, as collateral, issued by Lisa Hopkins, Business Banker for Wells Fargo
Bank, West, N.A. for Joyce Allely, Dos Rios Estates, Filing 2, Phase 3, case number S-385, in
the amount of four hundred ninety-two thousand one hundred (492,100.00) and no/100s
dollars.
Items covered under this Improvements Agreement include:
Transportation Related Improvements
Street Grading, Base, Paving, Curbs, Gutters, Culverts Summer 2002 $ 86,865.17
Shoulders, Storm Sewer, Retention Pond,
Ditch Improvements, Subsurface Drainage Summer 2002 $ 147,202.35
Trenching and Backfilling for Qwest Summer 2002 $ 5,981.50
Installation of Natural Gas Main Summer 2002 $ 15,775.00
On-site Water Supply and Storage, Water Mains,
Fire Hydrants Summer 2002 $ 30,365.50
Street Name Signs Fall 2002 $ 700.00
Telephone Fall 2002 $ 3,679.50
Natural Gas Fall 2002 $ 2,420.00
Electricity Fall 2002 $ 85,000.00
Non-Transportation Related Improvements
Landscape Contingency Fifteen percent $ 64,110.98
Engineering and Supervision $ 50,000.00
Total Estimated Cost of Improvements and Supervision $ 492,100.00
The Weld County Attorney, the Department of Public Works and the Department of Planning
Services, have determined that the amount of the agreement will be sufficient to complete the
work required for Dos Rios Estates, Filing 2, Phase 3, and the Department of Planning Services
recommends acceptance of the Development Loan, as collateral.
2002-1771
Weld County Planning Department
GREELEY OFFICE
Kit tisir JUN 2 i ZooZ
MEMORANDUM RECEIVED
' TO: Kim Ogle, Planner III DATE:C June/' 18, 2002 FROM: Donald Carroll, Engineering Administrator OP
• SUBJECT: S-385, 2nd Filing Dos Rios, Phase Three'
COLORADO
At the request of the applicant and Planning Services, I reviewed the Exhibit A portion of the Improvements
Agreements for the transportation items. I verified quantities on the major items: site grading, base, and asphalt.
The remaining transportation portion items appear to be adequate.
The Weld County Public Works recommends acceptance of the transportation portion of the exhibit.
pc: S-385 M:\WPFILES\DON-C\s-1.wpd
Lel%rs CLERK TO THE BOARD
PHONE (970)336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
"ma
C. GREELEY, COLORADO 80632
COLORADO
August 5, 2005
Dos Rios Estates
do Joys Allely
17 Dos Rios
Greeley, Colorado 80634
RE: Cancellation and release of Collateral
To Whom It May Concern:
Attached hereto please find copies of the Board of County Commissioner's Resolution approving
the cancellation and release of collateral, as referenced above.
If you have questions or need additional information, please do not hesitate to contact me at(970)
356-4000, Extension 4217.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
By: 2
arol A. Har i g,
Deputy Clerk to the Board
02o — P17/
774_ c9l
COLLATERAL RELEASED
IN CONJUNCTION WITH
OTHER CASES
SEE #2005-2091
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