HomeMy WebLinkAbout20022786.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE),
AUTHORIZE CHAIR TO SIGN, AND ACCEPT FORM OF COLLATERAL FOR SITE
PLAN REVIEW#352 - JEFFREY WIKRE AND BEACON STORAGE, LLC
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 July 25, 2002, the Department of Planning Services staff approved Site
Plan Review#352, for Jeffrey Wikre and Beacon Storage, LLC, 124 North County Road 21,
Berthoud, Colorado 80513, for an Indoor RV, Boat, and Mini Storage Facility on the following
described real estate, to-wit:
Lot 6, Block 2, Rademacher Business Park
amended Plat; being part of the NW1/4 of
Section 23, Township 3 North, Range 68 West
of 6th P.M., Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented
with an Improvements Agreement According to Policy Regarding Collateral for Improvements
(Private Road Maintenance) between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, and Jeffrey Wikre and Beacon Storage,
LLC, with terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Irrevocable Letter of Credit#000205
from Centennial Bank of the West, 3561 Stagecoach Road, Longmont, Colorado 80504, in the
amount of$94,614.00, 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 Jeffrey
Wikre and Beacon Storage, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED that Irrevocable Letter of Credit#000205 from Centennial
Bank of the West, 3561 Stagecoach Road, Longmont, Colorado 80504, in the amount of
$94,614.00, be and hereby is, accepted.
c c ; /L 19f)n 1 2002-2786
/ PL1634
IMPROVEMENTS AGREEMENT - JEFFREY WIKRE AND BEACON STORAGE, LLC
(SPR#352)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of October, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
���� WELD COUNTY, COLORADO
ATTEST: ,t2 A41• i��` EXCUSED
G n Vaad, Chair
Weld County Clerk to th oa . V
gry
186 a 1 David E. ng, Pro-Terh
BY: Co '/ � ,�
Deputy Clerk to the, '2* .
UNI; M. J. eile
APPROVEb AS Tp.Fo 1'. :
tmyy n illiam H. Jerk
'tdr -
Robert D. Masden
Date of signature: � /-1-3
2002-2786
PL1634
09/05/02 16:11 FAX 970 304 0498 9171,9 HANN INC V1001
/3y ✓7SC
376 IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
41
THIS AGREEMENT,made and entered into this b �dav of i OTf18eef.,20 o Z,by and
between the County of Weld, State of Colorado, acting through its Board of County Commissioners,
hereinafter called "County,"and TEt5q' f S_. w:✓r E. hereinafter called"Applicant."
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling inierest Fl the following described
property in the County of Weld, Colorado:
1 1L: RA-0 4 8LkZ R/}Q6°A4CHE.. 8o5,NE53 /O4}elc Pis - Q
1 Le-i
neeer y6 S9 C4 eCor c rcle, , Co u6vtao.ui , ra 5-o cc e
WHEREAS, a Filial Subdivision/Planned Unit Development (PUP) plat of said property, to be
known as SE.r}Ca .dZis(J_ IQl/gad_/cog r $To<74 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 he approved by the County until the Applicant has
submitted a Subdivision.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, 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 Plar, the parties hereto promise, covenant and agree as follows:
1.0 Engineerin Sewice4: Applicant shall furnish,at its osvn expense,all engineering services
n connection with the design and construction id 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 I and Surveyor registered in the State of Colorado, and shall conform to the
su /dares 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.
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RTCORDER'S MEMORANDUM
THIS DOCUMENT WAS FOUND
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SCAT NING RPOSES.
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1.3 Apohe ant shall furmsh irawngs and cost estimatts forma&within the Subdivision
or.PlannedUnitDevelopm entto the County for approval prior to the letting of any
construction contract. Applicant shall famish 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
bereiu agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights-
of-way and casements on all lands and faci ties traversed by the proposed improvements.
3.0 Constitution: Applicant shall furnish and install, at its own expense, the Subdivision r r
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"Br 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 Co.Inty fin: such public
in pro When everaSubdivisionor Planned Unit.Devciopmentisproposed
vith n three miles of an incorporated community located ut Weld County or located
in any adjacent county,the Applicant shall be req.tired to install improvements in
accordance with the requirements and standards that would exist if the plat were
deycloped wits,in the eriporate limits of that community. If the incorporated
c::mnumity 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 shad 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 cf:est 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
sre rifications 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 hoard of County Commissioners, at its option,may
grant an extension cf the time of completion shown on Exhibit"B'upon application
by the Applicant subject to the terms of Section 6 herein.
Raised 0'.!0I,2002
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4.0 Release of Liabil : Applicant shall indemnily arid hold harmless the County from any and
all liability loss and damage County may surfer 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 on 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 .lability,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 Subdiv:sion 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,potions of street improvements maybe 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 iraseventents 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 wcrlt 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 Uponcompletion of the construction of stheets within a Subdivision or PlannedUnit
Development and the Eling of a Statement of Substantial Compliance, the
applicara(sh 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
req.test by the applicant,inspect the subject streets,and notify the applicant(s) of
any deficiencies. The County Engineer shall reinspect the streets after non Gcation
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 Conan:ssieners shall fully approve said streets
as public but with private pay.
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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
tc final approval by the Board of County Commissioners and the execution of this
Agreement. Acceptable collateral shall he 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 improvementsshall be completed within one (I) •Dear after the
Final Plat arprocal(not one rear after accewac?e collateral is submitted) unless
the arg;licant(s) requests that this Agreement be renewed at least Aim(30) days
nrrior to ita expiration and furt1erpro_vides that cost estimates' for the remaininv
improvements are updated and collateral is provided in the amount of One
Hundred percent (IOM of the value of the improvements remaining to be
completed. if improvements are not completed and the agreement nut renewed
within these time frames,:he 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
Eat. Tuto ap^£cant would need only to provide collateral for the improvements in
each filing as approved. The County will place restrictions en those portions of the
property that are not covered by collateral which will prohibit the conveyance ofthe
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.
73 The applicant intends to develop in accordance with Exhibits"A"and"B"B."
8.0 Improvements Gumantee: 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 tiom aFederal 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
Improver cents Agreement and the issuer has been notified of such default.
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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 guara:ttee 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 ttent exceed the cost estimate in the improvements
Agreement.(i.e., streets, sewers,water mains and landscaping, etc.). The
issue- 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 otcreditshall specify thatthc date of proposed expiration cfthe
Letter of Credit shall he either the date of release by Weld County of the
final fifteen percent (154%, or ore 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 mitten notice nom die issuer of the
Letter of Credit of the pending expiration. Said notice shall he sent by
certified mail to the Clerk to the Board of County Commissioners.
8.2 Tni_: Deed; upon all or same of the proposed development or other property
acceptable to the Board oCCounty Corn_nissieners pro-rided that the following arc
submitted:
8.2.1 In the event property within the proposed devciopmcnt 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.S.I.) indicating that the value of the property encumbered in its current
degree of development its saltle:ern 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 b-v a Member of the Institute of Real Estate Appraisers (M.A.I.)
=heating that the value of the property encumbered in its current state of
development is sufficient to cover Ore-Hundredper cent(100%)of the cost
of the improvements as set forth in the Improvements Agreement plus all
costs of sale of the property.
S.2 t A title insurance policy insuring that the Trust Deed creates a valid
enetm-brane:which is senior to all other Lens and encumbrances.
Reviscd 07!0L3002
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8.2 4 A building permit hold shall be placed en 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%1 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 finds 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 eiven by a corporate surety authorieed 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 Enginrerregistered in Colorado that the project or a portion
of the project has been completed in substantial compliance with approved plans and
specifications documenting the foliowing:
9.1 The Engineer cr 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 L ine the letter requesting release of
collateral is submi!ted. The Engineer shall certify that the project"as-built" is in
substantial compliance with the plane and specifications as approved, or that any
material deviations have received prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance mast 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.
Revised 07,01/2002
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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 9.3 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) gray
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 accented 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 Oren Spaces: When the Board of County Commissioners, pursuant to a
rezoning, Subdivision or Planned Unit Development,requires the dedication,development
acdror 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 shah be secured;n accordance with one of the
following alternatives,or as specified in the Planned tint 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 schcol
district,for one of the above purposes. Any area so dedicated shall be maintained
by the County or school distract.
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
dternined 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 Asciens: This Agreement mall 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.
Revised 07/01/2O02
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IN WITNESS WHEREOF, the par i ies hereto have caused this Agreement to be executed on the
day and year first above written.
APPLICANT:__i%� _
APPLICANT: i
TITLE: ,----
Subscribed aka sworn-.o before me this 0/'/l-day of r,20_a9:— i v5��IAR Jy]]I/
/
7
,
My Commission expires: o'
Nq1 l Public y 271 14]]�'! 9 . too:
030ilabyres - U OFC0�0
My Commission Expires 04/17/2004
7iv
ATTEST 1 ' BOARD OF COUNTY COM'MIISSIONERS
✓ 4 . WE COUNTY,COLORADO
Weld County Clerk to th ii{i} NreV
Fr i cY....‘ .-..)
Lon
V"� David E. Long ,Chair Pro-Tem
BY: DWI (10/16/2002)
Deputy Clerk to the Boar �1 gel
_,
APPROVED AS TO FORM: ,------- ,-:::.--Z
County Attorney
Revised 07/01/2002
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EXHIBIT"A"
Name n Subdivision 16:4C-GA-2_
E �IK U /mfg-r re4-6
or PlannedUnitDevelopment: ,lJ ° _--",47721:424--, el /-b
Filing: _-.- .__--_Lccation: USA/ t loslEt4T Cnie - ir,✓tyK+c,.T, Co- r05-61Y___
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)
Improvements Quantity units Unit Estimated
Costs Construction Cost
Site grading _ / 65�1at,95 _3,7; —'lvSa—Street grading j 65'/' to r'Vy IV7" i3 _
—Street base ---- iizrn<s 7.5%f s 7Y?7
—Strcct paving _ (_.-- <F3/5b Y." 4r 3 SSf3
Curbs,gutters,and culvert:
Sidewalk ------ --- - --------1---
Storm sewer facilities !
Retention ponds ----._ / - • 47 F t' .4,-a.,06 -_
Ditch Improvements
— - --
S
ubscrfacedrainageI
Sanitary sewers
Trunk and forced lines i _
Mains _ I ____
Laterals(house connected) __I _'
Cm-site sew age facilities I
On-site water supply and storage _
Water Mains(includes bore)
Fire -- -- —i------
hydrants r—
Survey and street monumerts and boxes
Street lighting
Street Names
T Fencing requirements ' Sac c,' 9 ji'r ;a'6 S5--s
_Landscaping -' -- a ' _.- I --- — _
_4./6
Park improvements
., Read culvert1 4o, I 7IN f Sys
Gras lined swale ..--- _--
Ta -- — --- —. I---- --_--_--- -
Telephone I
Electric
Water transfer
SUB-TOTAL: ----_-.-. _-
Engineeting and S•uoetvision Costs S. If Soo--
(Testing,inspection,as-built plans and work in addition to preliminary and final plat;supervision of actual
cenatrnctio:by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ y
Revised 07101/100.1
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The above improvements shal,be constructed in accoi dance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Said improvemen s shall be completed according to the construction schedule set out in Exhibit"B."
•
By:
Applic
Applicant
Date:- 9 6 ,20 d `'
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
Revised 07/01/2002
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EXHIBIT"B"
Name of Subdivision R. p D
or Planned Unit Development: UJ G- ! iv a-- !� c-� �a�J—T 5.7-041-67e—
Filing: _
Location: 4.6 S`!' 6¢a-tA 4-41-7 �.cle'1 L �acg .x,71 -cl) 5z)
Intending to be legally bound, the undersigned Applicant hereby wgrees to provide throughout this
Subdivision or Planned Unit Devcf opulent the following improvements.
All improvements shall be completed within / _yea'; firm the date of approval of the final plat.
Construction of the improve-ne.;zts listed is Exhibit"A" shall be completed as follows:
(Leave spaces blanx where they do not apply.)
Improvements 'f ime for Completion
Site grading _ oif 3157-
1sr zoo Z
Street base Nog 3, sr 7_.0o
Street paying _ .140,(.-4_ 30 -zoc3
Curbs,gutless,and aver's -.__..-__-••
Side alk — — —
Storm sewer facilities
Retent:onyonds Nay 3,sT lea•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 Trains
Fire hydrant;
Survey and Street monuments and boxes
Street lighting —_
Street name signs
Fencingrecuirelnents _ �CItsi1 1.5"+C (Zeo-z-•
Landscaping -- -- — -- /Ny4e./5*f≥o0
Park improvements
Road culvert _ 4 ,Uoo t t-'' (zoo-?
Grass lined?wale
TelephoneGas
)electric —�—
Water Transfer
SUB-TOTAL:
Revised 07/01/2002
1 t MAWPFILES\WENDIIAPRP.ATE
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3002376 11/05/2002 12:37P Weld County, CO
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09/05%02 16:40 FAX 970 304 0498 WELD PLANNING al 012
The County,at its option,and upon the request of the Applicant; may grant an extension of time for
completion for any particular improvements shown above, upon a showing by the Applicant that the
above schedule cannot be met.
By: #a
Appli�C x
Applicant
— _ Date: ?/6'
20GZ
Title
(If corporation,to be signed by President and attested to by Secretary, together with corporate seal.)
Revised 07/01/2002
12
NI;\WPTILES\WENDDAPRIV ATE
1111111 11111 1111111 11111 III 11111 1111111 111 111111 III IIII
3002376 11/05/2002 12:37P Weld County, CO
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l,n,ii
°;fir �, ,r�•
„
CENTENNIAL BANK
of the West
IRREVOCABLE LETTER OF CREDIT NO. 000205
September 24,2002
Board of County Commissioners
ATTN: Clerk to the Board
P.O.Box 758
Greeley,CO 80632
RE: Wikre/Beacon Storage,LLC
Dear Members of the Board of County Commissioners:
We hereby open our Irrevocable Letter of Credit in your favor in the account of Jeff Wikre/Beacon Storage,LLC, 124
North County Road#21,Berthoud,Colorado 80513,for a sum not to exceed the aggregate of Ninety Four Thousand,
Six Hundred Fourteen and no/100's Dollars($94,614.00).
Each draft so drawn must be marked"Drawn under Centennial Bank of the West,3561 Stagecoach Road,Longmont,
CO 80504,Letter of Credit NO.000205 and be accompanied by a"signed statement from the Board of County
Commissioners of Weld County,Colorado stating that Jeff WikreBeacon Storage,LLC has committed a material
breach of the Improvements Agreement According to Policy,Regarding collateral for Improvements regarding The
Site Plan Review,dated the 8th day of September,2002,by and between Jeff Wikre/Beacon Storage,LLC and the
Board of County Commissioners of the County of Weld." •
This credit is subject,so far as applicable to"The Uniform Customs and Practices for Documentary Credits, 1983
Revision,The International Chamber of Commerce Publication No.400.
We hereby agree with you that all drafts drawn under and in compliance with the terms of the credit will be duly
honored and presented for payment to our office,Centennial Bank of the West,3561 Stagecoach Road,Longmont,
Colorado 80504. This Letter of Credit will expire on September 24,2003 at 5:00 P.M.
This Letter of Credit is automatically extended without amendment,for an additional one-year period from the current
expiration date unless 60 days prior to such current expiration date,Centennial Bank of the West notifies beneficiary in
writing that the Letter of Credit will not be renewed. In the case you receive such a notification,you may draw by
presentation of the following:(a)a draft at sight on Centennial Bank of the West;(b)a statement purportedly signed by
an official of the Board of County Commissioners of Weld County,Colorado stating that we have received notice form
Centennial Bank of the West the Letter of Credit No.000205 will not be renewed and that Jeff Wikre/13eacon Storage,
LLC has failed to provide proof of adequate collateral and substitution of this Letter of Credit No.000205;(c)copy of
letter from Centennial Bank of the West stating non renewal of Letter of Credit No.000205,and the original letter of
credit.
Sincerely
Robin M.Golden
Vice President
1111111 11111 1111111 11111 III 11111 1111111 III 111111 III 1111
3002376 11/05/2002 12:37P Weld County, CO
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r , :11:: i- - ' ,-,
wine MEMORANDUM`
COLORADO fl
To: Board of County Commissioners October 8, 2002
From: Robert Anderson, Planner III
Subject: Acceptance of Irrevocable Letter of Credit, Wikre/Beacon Storage LLC
On October 2, 2002,the Department of Planning Services received an Irrevocable Letter of Credit,
Number 000205, for an Indoor RV, Boat and Mini Storage Facility located at 4059 Camelot Circle
Longmont, CO 80504, described as Lot 6, Block 2 of the Rademacher Business Park amended
Plat being a part of the Northwest Quarter of Section 23, Township 3 North, Range 68 West of the
6th Prime Meridian, Weld County, Colorado, Case number SPR-352, in the amount of Ninety-four
thousand six hundred fourteen and No/100s ($ 94, 614.00).
Items covered under this Letter of Credit include:
Site Grading $ 1,950.00
Street Grading 2,015.00
Street Base 8,437.00
Street Paving 38,832.00
Retention Areas $ 2,000.00
Fencing/Screening Requirements $ 8,650.00
Landscaping 31,690.00
Culverts $ 540.00
Engineering and Supervision $ 500.00
Total Estimated Cost of Improvements and Supervision $ 94,614.00
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 a Indoor RV, Boat and Mini Storage Facility, and the Department of Planning Services
recommends acceptance of this Letter.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
2002-2786
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