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Home My WebLink About20020178.tiff RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) AND ACCEPT FORM OF COLLATERAL FOR SITE PLAN REVIEW, #341 - EL REVENTON, C/O RUBEN RODRIGUEZ 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 December 19, 2001, the Department of Planning Services staff did approve a Site Plan Review, SPR #341, for El Reventon, c/o Ruben Rodriguez, 232 Elizabeth Court, Fort Lupton, Colorado 80621, for Site Plan Review, SPR#314, on the following described real estate, to-wit: Part of the SW1/2SW1/4 of Section 29, Township 2 North, Range 66 West of 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and El Reventon, c/o Ruben Rodriguez, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with a Personal Check, in the amount of $9,500.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Personal Check 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 El Reventon, c/o Ruben Rodriguez, be, and hereby is, approved. BE IT FURTHER RESOLVED that the Personal Check, in the amount of $9,500.00, be and hereby is, accepted. 191A-) �l �� ._.�,, 2002-0178 pa .� �L �rwh.: PL1577 IMPROVEMENTS AGREEMENT - EL REVENTON, C/O RUBEN RODRIQUEZ PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of January, A.D., 2002. BOARD OF COUNTY COMMISSIONERS ��r` WELD COUNTY, COLORADO ATTEST: A elik � EXCUSED DATE OF SIGNING (AYE) Glenn Vaad, Chair Weld County Clerk to th, '-: ( ;1O;-1/49 BY: 4,j David E. L g, Pro-Te Deputy Clerk to the Boar l✓ f eile APPRO D AS T • L �7✓ 1 �� Willi m H. Jerke C ty ttorney R bert D. Masden Date of signature: V-23 2002-0178 PL1577 059 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENJS (PRIVATE ROAD MAIN ENANCE) lOWL-2-U Vie. THIS AGREEMENT,made and entered into this day of fi ,20 e ,by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and '-\ ',evert\-cki 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: iek- c�E w S CC2:31.jzt- c ZCA 1 0�� Rcc,t,ts C his. *ti, _AD Lfr 1cm' CL..rnbe CYi 29cx()'� L-� WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be lcnown as t \ 1?,EUey li-n; s "C't._C) �� has been submitted to the County for approval, and WEEREAS, 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,:ubdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the Subdivision Final Plat,Planned Unit Development Final Plat, •,r Site Plan, which improvements, along with a time schedule for completion, are listed in Exhibits "P" 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 fumish,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. 11111111 1111111 1111111 IIII 111111 III/11/11111 IIII 1 M1fi6\ BFO SAPRL 7,57 291 11:03A JA Suki Tsukamoto 1 of 12 R 0.00 I) 0.00 Weld County CO a o D >, 1 1 lei 15'1'1 1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit Development to the County for approval prior to the letting of any construction contract. Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the County. 2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights- of-way and easements on all lands and facilities traversed by the proposed improvements. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit Development improvements listed on Exhibit"A,"which is attached hereto and incorporated herein by reference, according to the construction schedule set out in Exhibit"B"which is also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a Subdivision or Planned Unit Development is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county,the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the Subdivision or Planned Unit Development is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards,those requirements and standards that are more restrictive shall apply. 3.1 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. 1111111 Illll 111!111 III 1111111 IIII'!LIfL III IIIIIIII11: AJAkamoto 2 of 12 R 0.00 D 0.00 Weld County CO Revised Of/03/aa01 MACCBVCfB FORMSIAPRIVATE 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 ail suits,actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements,and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage,and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. (THERE IS NO SECTION 5) 6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant,streets within a Subdivision or Planned Unit Development may be approved by the County as public roads and will be maintained and repaired by a Homeowners Association or, in its absence, the owners of lots within the Subdivision or Planned Unit Development. 6.1 If desired by the County,portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit"B,"but such use and operation shall not constitute an approval of said portions. 6.2 County may,at its option,issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit"B,"and may continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit Development improvements in that phase of the development is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit Development and the filing of a Statement of Substantial Compliance, the applicant(s)may request in writing that the County Engineer inspect its streets and recommend that the Board of County Commissioners partially approve them. Not sooner than nine months after partial approval, the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify the applicant(s)of • any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards,he or she shall recommend full approval. Upon a receipt of a positive unqualified recommendation from the County Engineer for approval of streets within the development,the Board of County Commissioners shall fully approve said streets as public but with private pay. 111111111111111111 III 1111111 IIII 111111 Iii 11111 IIII IIII 2918059 01/18/2002 11:03A JA Suki Tsukamoto 3 of 12 R 0.00 D 0.00 Weld County CO 3 Revised 01/08/2001 wl:\CTB\CTBFORMS\A PRI V ATE 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to One- Hundred percent (100%) of the value of the improvements as shown in this Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6) months of the Final Plat approval. If acceptable collateral has not been submitted within six (6)months then the Final Plat approval and all preliminary approvals shall automatically expire. Applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one (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 all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Final Plat or Subdivision Final Plat. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits"A"and"B." 8.0 Improvements Guarantee: The five Types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The Letter of Credit shall state at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred percent (100%) of the total value of the improvements as set forth in Section 6.0 and Exhibits "A"and"B." 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. IlMi IIII MIIII II 111111 liii IIIl IIM II III 2918059 01/18/2002 11:03A JA Suki Tsukamoto Revised 01/014120014 of 12 R 0.00 D 0.00 Weld County CO M:\CTa\CTSFORMS\APRIVATE 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent (100%) of the estimated costs of completing the uncompleted portions of the required improvements,based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement(i.e., streets, sewers,water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that fifteen percent(15%) of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final fifteen percent (15%), or one year from the.date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event,the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.I.)indicating that the value of the property encumbered in its current degree of development is sufficient to cover One-Hundred percent(100%) of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County,then an appraisal is required of the property by a Member of the Institute of Real Estate Appraisers(M.A.I.) indicating that the value of the property encumbered in its current state of development is sufficient to cover One-Hundred percent(1.00%)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. 111111111111 Illlill Ill 11111111111111111111 1111111111111 2918059 01/18/2002 11:03A JA Suki Tsukamoto 5 Re.Bed 01/0200, 11:`,CTB\CTB FORMS A1,1211'ATE 5 of 12 R 0.00 D 0.00 Weld County CO 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the amount specified in the Improvements Agreement. 8.3:2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution. 8.3.4 If Weld County determines there is a default of the Improvements Agreement,the escrow agent,upon request by the County,shall release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to One-Hundred percent(100%)of the value of the improvements as specified in the Improvements Agreement. 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 Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation Schedule for minimum materials sampling, testing and inspections found in the Colorado Department of Transportation (CDOT) Materials Manual. 9.3 "As built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project"as-built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. I 11111{ 11111 311I III 11111111111 I�ll�l 111 11111 III III) Revisnlotr000nt 2918059 01/18/2002 11:03A JA Suki Tsukamoto 6 Vi:\cTDCTBPORMs\APRJVATE 6 of 12 R 0.00 D 0.00 Weld County CO 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets by the County, the applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral" in the amount of fifteen percent(15%)of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final approval by the Board of County Commissioners. 10.0 Public Sites and Open Spaces: When the Board of County Commissioners,pursuant to a rezoning,Subdivision or Planned Unit Development,requires the dedication,development and/or reservation of areas or sites other than Subdivision or Planned Unit Development streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance with one of the following alternatives,or as specified in the Planned Unit Development(PUD)Plan,if any: 10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district,for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage as determined according to Chapter 24 of the Weld County Code, may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the Subdivision or Planned Unit Development. 10.3 In lieu of land,the County may require a payment to the County in an amount equal to the market value at the time.of Final Plat submission of the required acreage as determined according to Chapter 24 of the Weld County Code. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives,successors and assigns of the Applicant,and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. 111111111111111111111111111111111111111111111111111lIII Revised 0I/08/7001 2918059 01/18/2002 11:03A JA Suki Tsukamoto M:NCTS\C7'ISNORMSNAPRIVATf 7 of 12 R 0.00 D 0.00 Weld County CO IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. APPLICANT: U. V\ O CI n C k_C 7 APPLICANT: TITLE: C) 3 neve ( Pr e L tcier\-e Subscribed and sworn to before me this —4-11-day of_, Gf R) „2,k6 My Commission expires: f N a ub c -6 :1V-1,,V(`0 V • P U1, O., r BOARD OF COUNTY COMMISSIONERS <. - WELD COUNTY, COLORADO G1 Vaad, C air (01/16/2002) Davi. E. L.ng, ro =i'em ATTEST: L '1 ��E" t 1� M. J eile�. Weld County Clerk to illiam H. Jerke Deputy Clerk to the Boi 'Y" _ obert D. asden APPROVED AS TO FORM: oun Attorney 1 111111 11111 1111111 III 1111111 IIII 11111111111111 III! III! 2918059 01/18/2002 11:03A JA Suki Tsukamoto ae. „„/0001 8 of 12 R 0.00 D 0.00 Weld County CO M9crsWremm,swrwVATE EXHIBIT"A" Name of Subdivision or Planned Unit Development: Filing: Location: 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 j z) Curbs,gutters, and culverts -ate _5-2%'77') Sidewalk Storm sewer facilities 527j Retention ponds Ditch improvements -� Subsurface drainage >� Sanitary sewers -� Trunk and forced lines ej- Mains 1✓ Laterals (house connected) On-site sewage facilities On-site water supply and storage .� afr- Water mains (includes bore) Fire hydrants Survey and street monuments and boxes Street lighting Street name signs —64-- Fencing requirements Landscaping PArAir 5—DO Park improvements Road culvert .6" Grass lined swale Telephone Gas Electric Water transfer SUB-TOTAL: Engineering and Supervision Costs $ J (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 $ MUM 11111 311 III 11111111111111111 III! Ill! Revised 01/08/2001 2918059 01/18/2002 11:03A JA Suki Tsukamoto M:\WPFILES\WENDI\PRIVATEROAOIMPROVAOREE 9 of 12 R 0.00 D 0.00 Weld County CO 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: R. d -12-17C\ul Ilk — Appl' dk i�C r l �rc f Date: 1$' alki 0 I , 200 Title r` (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) 11111 1111111 �� 111111 III 111111 III till 2918059 01/18/2002 11:03A JA Suki Tsukamoto 10 of 12 R 0.00 D 0.00 Weld County CO 10 Revised 01/08/2001M\CTrCTBFORMS\APRIVATE EXHIBIT "B" Name of Subdivision or Planned Unit Development: Filing: Location: Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. All improvements shall be completed within 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 070/ Street base � Street paving // Curbs, gutters, and culverts Sidewalk 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 Fire hydrants Survey and street monuments and boxes Street lighting Street name signs �/ Fencing requirements �/ Landscaping 1/%147 Park improvements Road culvert 7,;:Y3/0 � Grass lined swale Telephone Gas Electric Water Transfer SUB-TOTAL: 111111111111111111 III 1111111 IIII 111111 III 111111 III IIII 2918059 01/18/2002 11:03A JA Suki Tsukamoto 11 of 12 R 0.00 D 0.00 Weld County CO 11 Revised 01/08/2001 M:\W PPILES\W ENDI\PRI\'ATEROADIMPRO V AGREE The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion f. any ..rticular improvements shown above, upon a showing by the Applicant that the above sch-. ca no be met. By 7%piri�l�►� ti Applicant RriS I . /6+4:nk-ICS Date: C 2 Co 20 6 Title (If corporation, to be signed by President_and attested to by Secretary, together with corporate seal.) 1111111111111111111 III 1111111 IM 111111 III 111111 III IIII 2918059 01/18/2002 11:03A JA Suki Tsukamoto 12 of 12 R 0.00 D 0.00 Weld County CO I2 Revised 01/0%/2001 M,\CTR\CTBFORMS\APRNATE MEMORANDUM Wi`PC. To: Board of County Commissioners COLORADO Date: January 8, 2002 From: Kim Ogle, Planner III X22 Subject: Acceptance of Collateral for Site Plan Review 341 RJML, LLC dba El Reventon Night Club The Department of Public Works has reviewed the Improvements Agreement according policies regarding collateral for Improvements (Private Road Maintenance) and the estimated cost appears to be adequate for the transportation items as stated in their memorandum dated January 7, 2002, with one exception, the parking lot striping and cross walk striping were not identified in Exhibit A of the Improvements Agreement. Given that the applicant has completed the construction and pavement of the new access point from WCR 16, the Department of Public Works requests to include the parking lot striping and cross walk striping in this line item to cover the installation costs. Further, the Department of Planning Services' has determined that the amount of the agreement will be sufficient to complete the work required for the non-transportation items, including landscaping and recommends acceptance of this Letter. On December 17, 2001, the Department of Planning Services received a personal check from a representative for Ruben Rodriquez, the applicant and property owner of the El Reventon Night Club located at 13015 Weld County Road 16, Fort Lupton, CO. The Clerk to the boards office has indicated that funds are available to cover the items listed in Exhibit A. Items covered under this letter of credit include: Street paving, Interior Lot & Striping December 2001 $ 5000.00 Curbs, Gutters, Culverts & Wheel Stops December 2001 $ 1500.00 Storm Sewer December 2001 $ 500.00 Ditch Improvements December 2001 $ 500.00 On-Site Sewage Facilities December 2001 $ 1000.00 Fencing Requirements December 2001 $ 500.00 Landscaping Requirements April 2002 $ 500.00 Engineering and Supervision $ 0.00 Total Estimated Cost of Improvements and supervision $ 9500.00 SERVICE,TEAMWORK,INTEGRITY,QUALITY 2002-0178 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 the restaurant located at 13015 Weld County Road 16 and the Department of Planning Services recommends acceptance of the personal check submitted by the applicant. wpfiles\ogle\kim\cases\collateral\spr341_1.wpd SERVICE,TEAMWORK,INTEGRITY,QUALITY Vtie.7(i CcJ;t y' r2lu P7r7( s,F' s ' lJapr-\{ FMORANDUM P TO: Kim Ogle,Planner 111 DATE: January 7, 2002 art! COLORADO FROM: Donald Carroll, Engineering Administrator ty. SUBJECT: SPR-341; El Reventon Night Club I have received the Improvements Agreement According Policies Regarding Collateral for the Improvements (private road maintenance). I inspected the site on December 21, 2001. The applicant has completed the construction and pavement of the new access point from WCR 16. The width and depth of the approach matches the construction drawings. The two existing access points on the west side adjacent to the US Highway 85 Frontage road were not closed. There was a construction crew on site. It appeared that they were replacing or extending the septic area on the north end of the building. The Weld County Public Works Department has reviewed the Exhibit "A" portion for the asphalt approach area from WCR 16,which is already complete. The dollar amount is adequate to complete this area. The other items identified in Exhibit"A" are curb, gutter, culverts, wheel stops, and ditch improvements. All appear to be adequate to complete the project. The applicant has identified the parking striping and a pedestrian cross walk area on the plat. These items have not been identified in Exhibit "A." The circulation pattern appears to be adequate for the facility. A stop sign will be required at the exit of the parking lot on to WCR 16. pc: SPR-341 M:\WPFILES\DON-C\plan-spr5.wpd DEPOSIT PERMIT COUNTY OF WELD _ k I & !K OSITOR'S SIGNA DEPARTMENT DATE: 7, I I 6' it DOCUMENT# L/ �v & RECEIPT# DOLLARS CENTS CURRENCY COIN CHECKS LIST EACH SEPARATELY X1'2341 C7 - on 2 3 4 5 • 7 8 9 10 11 12 13 14 15 16 TOTAL CURRENCY,CON AND CHECKS 37c cn DEPOSIT COMPOSITION ,r,di WARRANTS: $ d JZ J� CHECKS: $ 6TO .� v — ��r cam, CURRENCY: $ i COIN: $ TOTAL: $ 95en.O© 1152-99-0001 Hello