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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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20053812.tiff
. A 0 9 1 • • .Y•q/i y .4 L" - r .Y • kc 4..-..--_ -. e :-_„.en---..:.✓. -- ^aiO.lI-Lova1N .9:A r..+ ..T' _ o�w �. I e. le . WELD COUNTY, COLORADO _ �_F� • . #ARTME T OF PLANNING SERVICES 4 - r GREELEY, Cit 80631 PHONE (970) 353 -6100 , EXT. 3540 - FAX (970) 304 -6498 t I //lJ 5 ,.. e DATE : .F: i I' it). ,�..R�••.. •� �) Jr / < dr RECEIVED F O f e , - .: .-; • N _✓ . TYPE FEES S- 4221 - RE/SE 4221 — Z P M I--I - • 4 U Rte' R y.- 1 4221 — SITE PLAN REVIEW r 4221 — COZ . --, 4221 - PUD 4221 - SUBDIVISION I 4221 - BOA - I - - - - -- - -. 4221 - FHDP/GHDP I 1 4430 - MAP S/PUBLICATIONS ] 4430 - POSTAGE a 1 4430 — COPIES y 4730 - INVESTIGATION FEE 6560 c RDING FEE '- -) bit aiCe.„ .: -- MISC. . I.� 1 s , r CASH I O CHECK NO : TOTAL ' j t r • SS F ' c •'-4 T , f L7i?i L: �" _' .Y... . it BY: w.. r WHITE E m _cUS T DRIER CANARD' - FINANCE PINK - FILE 6- , COOS -- .. � . -pliperk5 3 Lt LEY ASSOCIATES ARCHITECTS - Hi,LI ; ,I I ,D� )l CO ti D A HsITIL. _I rL J A 5312 W . 9th Street Dr. , Suite 150 GREELEY , COLORADO 80634 DA T E JOB NO. (970) 330-3322 4 / 06 / 05 Fax (970) 330-2919 ATTENTION Chris Gathman , Planner TO Weld County Planning Department RE: Bible Baptist Church 918 10th Street Greeley , Co . 80631 Attn : Chris Gathman WE ARE SENDING YOU C5 Attached Under separate cover via the following items : 1 Shop drawings Prints Li Plans Samples I Specifications f Copy of letter Change order COPIES DATE NO . DESCRIPTION 1 4 - 6 - 05 Letter of Response to Boulder County Review Comments 1 4 - 5 - 05 Letter of Response to USR 1487 Landscape Plat comments per Chris Gathman Memorandum dated 8 - 30 - 04 1 4 - 4 - 05 Improvements Agreement ; Letter of Credit ( 1st Bank of Boulder ) 1 9 - 16 - 04 Left Hand Water District Water Tap Memorandum/ Water Tap Paid Receipt ( 12 - 29 - 04 ) 1 3 - 3 - 05 Mountain View Fire Protection District Application for Plan Review and Approval Letter THESE ARE TRANSMITTED as checked below: For approval Approved as submitted I Resubmit copies for approval [2c. For your use Approved as noted Submit copies for distribution As requested Returned for corrections Return corrected prints ❑ For review and comment I FOR BIDS DUE PRINTS RETURNED AFTER LOAN TO US REMARKS 1 COPY TO \ elf�2 ��.�, � Cyr— •- d' or (g ) 1,‘4 /,_ rO/1CJ r-�.�J � �( SIGNED : � if enclosures are not as noted, kindly notify us at once. Imo - "^ April 6, 2005 rE:LEY • 'SOC TES -,;-. RCkfI TSN �" ' ,4 '..-._ Weld County Planning Department Mr. Chis Gathman, Planner 918 10th Street Greeley, Colorado 80631 Dear Mr. Gathman, In response to the Boulder County referral comments regarding west elevation site issues of the proposed project for Bible Baptist Church is the following. Item 1) The existing project site has existing, fully mature landscaping features including mature trees and fully irrigated grassed areas and is adequate for the proposed project . Since Weld County Rd 1 has a 70' ROW requirement, no new landscaping shall be planted on the west elevation as requested. The existing sprinkler system, serviced by the well on the property, shall be retrofitted to serve existing landscaping impacted by the new proposed project plan. Refer to USR 1487 approved plan. Item 2) Please be advised that HPS lighting poles at parking lot and drive areas shall not exceed 12 ' and lighting fixtures shall not negatively effect adjacent properties . Item 3) As stated at the Planning Commission Meeting and the Board of Commissioners Meeting the maximum building occupancy shall not exceed 75 as per IBCO Code . Item 4) No ingress/egress turn lanes shall be required off of Weld County Rd. 1 as per review/approval of Weld County Public Works . Item 5) The Church shall determine if a caretaker shall live on the site . Re pectfu ly, re Bley 2020 CLU1I]HIOUSE DRIVE • GREELEY, Co 80614 • (970) 130-1322 • Fix (970) 330-29l9 April 5, 2005 .,,�J EY AssociATES , CIIIITECTS Weld County Planning Department Mr. Chris Gathman 918 10th Street Greeley, Colorado 80631 Re : Bible Baptist Church Dear Mr. Gathman, This letter is in response to USR 1487 Landscape Plat for above reference project . The response to your August 30, 2004 Memorandum are as follows : Item 1) Existing landscape will be retained and areas of disturbance by new addition shall be reseeded or sodded and existing underground sprinkler system shall be repaired and retrofitted to new as-built landscape requirements . The commercial well permit was conveyed with the sale of the property to Bible Baptist Church. Item 2) No new landscaping trees, plantings or grass areas are required since the overall existing site has mature grass areas, trees and plantings as reference on the Site Plan. Item 3) The proposed asphalt parking lot meets Weld County Code requirements for on-site parking. Overflow parking is referenced on Site Plan at southeast area of site . Item 4) Men and Women new restrooms are ADA accessible . Item 5) Precast concrete curb stops are referenced on Site Plan. Item 6) A Church marquee sign, double sided, 4 ' -8' is proposed at the southwest access vehicular entry. Item 7) The Flood Hazard Development Plan (FHDP) has been reviewed and approved for construction as required. Construction Documents have been revised to include provisions for all Flood Hazard approval requirements . Item 8) All information regarding Application Approval and Payment for a Left Hand Water District Tap are enclosed with this letter. 2020 CLU HOUSE DRIVE • GREELEY, CO 80634 • (970) 330-3322 • Fax (970) 330-2919 Item 9) Mountain View Fire Protection District has completed review and approval of Construction Documents as per enclosed sign-off . Item 10) The Improvements Agreement (Line Of Credit) from 1st Bank of Boulder has been completed and issued to Weld County (4-7-05) . Architect has confirmed that escrow amount is adequate to complete all approved site improvements . Re ectfully, oren B ey, Architect Attachments : Left Hand Water District Water Tap Mountain View Fire Protection District sign-off Improvements Agreement/Line of Credit wiggliEWgr ®vazEMESEN 2L _ Left Hand Water District January 28, 2.005 Bible Baptist Church , P.O. Box 11078 - Boulder, CO 80301 • Re : Fire Hydrant review #25 • Dear Mr. Duncan: • Your. request for permission to install a fire hydrant at the following location has been' approved. Location: 5050 WCR 1, Erie, CO Your approval is subject to the following conditions : 1 . "" 'The hydrant must be installed by a District-approved Contractor of your choosing, and at your expense . • (A list of Approved Contractors is • enclosed. ) The District is ..not responsible for the installation of the required fire hydrant . A copy of our fire hydrant policy is enclosed. 2 . The installation must be , in accordance with .the Standards and Specifications of the District. A copy of our Standard Fire Hydrant Detail Drawing is enclosed. . 3 . Your contractor must contact the District at least 48 hours in advance of construction to schedule 'an inspection. A District Inspector must be present at the time the District main is tapped. 4 . The one-time District inspection/maintenance fee of $1200 . 00 must be paid to the District before the installation inspection is scheduled. • This fee is in addition to all other tap -fees, charges and service fees imposed by the District and is 'placed. in a separate fund account for maintenance and replacement cost of the hydrant . • Additional Comments: The hydrant is to be installed. on the south side of proposed driveway. It may necessary to make minor adjustments to the hydrant tap and valve in • the field, depending on proximity to proposed culvert . This will be a decision made by the Left Hand Water District field inspector. The District must be notified 48 hours in advance of construction (drawing says 24 hrs . ) and the proposed water meter will be 5/8" (3/4" tap and copper to meter pit) . A back flow prevention' device must be installed in the building. After reviewing the enclosed, please call if you have any questions . Sincerely, Kathryn A. Pe Pe erson . General Manager Left Hand Water District P.O. Box 210 — Niwot, CO 80544-0210 — Phone 303-530-4200 -Fax 303-530-5252 www.lefthandwater.dst.co.us imposed by the District. The District shall separately account for such assessments in a separate fund account and maintenance and replacement costs shall be paid from such account. 5. ABILITY TO PROVIDE SERVICE. 5.1 The District's established policy is to provide potable water for service to its customers at a pressure of approximately 45 pounds per square inch, subject to fluctuations caused by usage anal other factors beyond the District's control. The District cannot (and does not) guarantee any particular level of flow or pressure at any particular point in its system including at hydrants. 5.2 The District shall be responsible only to make available such water at such pressure as may be available at the point of delivery as a result of the District's normal operation of its water distribution system. The District may temporarily discontinue the flow of water in the main at the point of delivery in order to repair, maintain, improve, or replace the main or other portions of the District's water distribution and supply system. Water users shall not assert any claim against the District for loss or damage which may result from the inadequacy or non-availability of water. 6. .LEGAL RESPONSIBILITY. Just as a fire department cannot insure or guarantee that it can suppress any fire within an established time, so to the District cannot (and does not) insure or guarantee that a particular fire hydrant will be fully operational or that any particular water flow will be available at that water hydrant in an emergency. Power outages affecting pumping stations, excessive water usage, mechanical valve failures or line breaks can occur at any time regardless of the exercise of reasonable care by.the,District. Compared to a municipality, the District's lines must extend further distances and water may travel greater distances to service fewer users per mile. Accordingly,property owners should not totally rely on the proximity and availability of hydrants. Fire hydrants are not a substitute for good fire prevention programs or for a particular level of fire protection services. By making its water system available to fight fires, the District is not assuming any greater_responsibility to provide any particular level of water service than previously existed and it is simply providing the water free of charge as an accommodation to the community. 7. GOVERNMENT IMMUNITY. Nothing in this policy shall be construed as a waiver of any immunity or defenses available to the District pursuant to common law or statute, including the Colorado Government Immunity Act, Section 24-10-101, et seq., C.R.S. 8. NOTICE/PUBLIC INFORMATION. District staff should disseminate copies of this Policy to developers, homeowner's associations, and county staff, and to each provider of fire protection services within this District. A summation of this policy should be included in the District's newsletter to customers. F:1KIM\HYDR.ANT\hydrant.pol.wpd February 15,2001 POLICY REGARDING FIRE HYDRANTS 1. USE OF HYDRANTS. The following personnel, and no others, are authorized to utilize fire hydrants: 1.1 District personnel in the performance of their duties. 1.2 Authorized fire department personnel under emergency circumstances provided that the governing body of such department has executed an acknowledgment of this . Policy. 1.3 Authorized fire department personnel under non-emergency circumstances when accompanied by District personnel or expressly authorized in writing by the District. 1.4 Authorized persons purchasing water from the District utilizing a fire hydrant meter, in accordance with District policies regarding said hydrant meters. 2. MAINTENANCE OF HYDRANTS. 2.1 Routine maintenance of hydrants will be performed by District personnel in accordance with the American Water Works Association Manual No. M17 ("Installation, Field Testing and Maintenance of Fire Hydrants"). 2.2 Maintenance will be scheduled and performed by the District consistent with its other operations and maintenance requirements. It is imperative that all users and property owners recognize that the District's primary function is to provide potable water for domestic use and not to provide a water supply for fire fighting purposes. Accordingly, the failure of the District to meet maintenance requirements of the manual shall not be construed as an admission by District of its failure to exercise reasonable care and diligence. 3. TESTING OF HYDRANTS. 3.1 Testing for available fire flow determination may be done at the request of a fire department or an individual. 3.2 Hydrant flow testing shall be conducted by the governing fire authority or by a qualified engineer or fire suppression system designer approved by the District. Prior coordination with District staff is required, and District personnel must be present at the time of the test. 4. FIRE HYDRANT FUND. County rules, ordinances or-regulations may require developers, subdividers, contractors or property owners to install fire hydrants in approved developments. The District is not responsible for the installation of the required fire hydrants. In addition to District's other policies, rules and regulations regarding line extensions and upgrades, an inspection/maintenance fee of$1,200.00 shall be assessed the developer, subdivider, �_. d LEFT HAND ATER DISTRICT • APPROVED CONTRACTORS LIST October 18 , 2001 DeFalco Poarch Construction - Wet Tap Approved • P. O. Box 820 Longmont, CO 80502 • Waterworks Sales Co. 651-1100 4295 Kearney Street 7510 Johnson Drive Denver, CO 80216 Frederick, CO 80530 394-0004 Diamond Contracting • Ed Pierce, Inc. P. O. Box 3217 6555 Garrison Street Boulder, CO 80307 Arvada, CO 80004 440-3325 424-6979 E Z Excavating 8123 Indian Peak. Avenue Erie, CO 80516 772-8121 Golden Construction Co. Coulson Excavating Co. • P. O. Box 328 3609 N. County Road 13 Longmont, CO 80502 Loveland, CO 80538 776-1003 • (970) 667-2178 Hirschfeld Backhoe and Pipeline; Inc Spears Excavating & Pipeline 12971 N. 87th Street P. O. Box 1053 , . Longmont, CO 80503-9212 Berthoud, CO 80513 776-2080 (97.0) 532-3570 • (Approved for jobs up to $50, 000) Twin Peaks Excavating Interstate Irrigation, Inc. 2100 South 120th Street Box 147 Lafayette, CO 80026 • Yuma, CO 80759 665-8785 (970) 848-5809 Nixcavating, Inc. Concrete Works of Colorado, Inc. 1821 Boston Avenue 1821 E . Bridge, Suite I P.O. Box 2232 Brighton, CO 80601 Longmont, CO 80501 (303) 659-8075 776-8898 P.O. Box 210 ®Niwot CO. 80544 ® (303) 530-4200 ® Fax (303) 530-5252 • d Ts 6" MAX. lo CONCRETE ,r -_, COLLAR _�,,,-! 2'TO 4' J • i SCREW TYPE _ TRACER WIRE/ - ,wm 3-PIECE c� CONNECTION BOX - LI VALVE BOX (NALCO MINI TEST r-- TTAPED TCERO TOP STATION OR gg 6'RESIDENT WEDGE • OF PIPE APPROVED EQUAL) 1 M.J.GATE VALVE • CG• S — AI W/MEGA! OR CONCRETE 3/a'RODS THRUST CARE TO BE TAKEN TRACER .�Y!`— BLOCK TO PREVENT PLUGGING �F FIRE HYDRANT GRAIN (SEE DETAIL) --- li d TOP OF GRAVEL r 3'MIN ABOVE ,� •! - DRAIN HOLE :e....",-..... 1 I 1 3 �. CONCRETE THRUST !'•,• 5' . ' BLOCK POURED IN PLACE * •• SWIVEL • HYDRANT TEE of 4ytE���:':��'•L� 6 Mil POIYETHYLF?!E z,1..r�N,iri!,`�tti�.'. 6'DUCTILE IRON PIPE,CI A-SS BOND BREAK R`�:��+`;vr.'.d:�•�,a�. 350 WRAPPED • 3/4'To T I/2' VALVEFROMN POLYETHYLENE TO HYDRANT, • GRAVEL BEDDING MEGALUG BOTFI o 'DRAINAGE PIT FOP. •orL e!r Is ,� 1/3 CU YD MIN 3/4 SOS OR RODS. IMPERVIOUS SOIL 1c5I �1• +1r_ T., a:> WE 7af j»�C�, �!iE., ;'� i��7 1 COARSE GRAVEL OR CRUSHED STONE MIXED WITH COARSE SAND NOTE: TRACER WIRE SHALL HAVE ND UNNECESSARY'SPLICES. 2'-0 • n DETAIL STANDARD HYDRANT INSTALLATION • SCALE: N.T.S. • • • • •• DET4DDR.D VIG LEFT IAA STANDARD HYDRANT WATER DISTRICT DETAIL REVISION: A PAtE NO: DATE 04/01/95 7 i • MpuNTAbN MOUNTAIN VIEW FIRE PROTECTION DISTRICT P Administrative Office: F s 9119 County Line Road • Longmont, CO 80501 R U (303) 772-0710 • FAX (303) 651-7702 a VIEW APPLICATION IO FOR PLAN REVIEW • PROJECT TITLE BIBLE BAPTIST CHURCH PROJECT ADDRESS .5050 WCR #1 CITY Eri e,Co. • COUNTYWeld CONTRACTOR BLEY ASSOCIATFS, CM PHONE/FAX 076-330-3372/q70-330-291.9 LICENSE#NA ADDRESS c312 W. 9th Ste Dr_ #150 CITY_ STA 1E,ZIP Gre1ey, Co.• 80634 ARCHTIECT/DESIGNER RI FY ASSOCTATFS, ARCHTTFCTS,INC. PHONE 970-330-3322 • ADDRESS 5312, W. •9+th St. Dr. # 150 CITY,STA1'h,ZIP Greeley, Co. 80634 Description of Project:• Church Building renovation/addition • Contractor's Total$ Valuation $300,000. • Bldg Reno/Addition • Application/Plan Review For: • X Site Development Hood Esti.nguishiing System Tank Installation • • X Building&Floor Plans •Spray Booth • Tank Removal • Tenant Finish . Other Extinguishing System X Other * Fire Alarm System Sprinkler System New • Type • Alteration New , Alteration * New Fire Hydrant shall be installed. di. SW corner of Bldg Site(Refer to attached LHWD letter . Building Information: • UBC Construction Type V-NR UBC Occupancy Class A3 . UBC/UFC Edition 2003 IBC • Gross Square Footage 4350 Square Foot/Floor 4350 Number of Stories 1 • • Is this building protected with an automatic fire sprinkler system? Yes No x I hereby state that the above is correct. I recognize that the approval of plans and specifications does not permit the violation of the buildings codes, fire codes, city/town/county ordinances, or state law. I consent to provide entry to inspectors during normal business hours and to request inspections as needed. I consent to pay the Fire District plan review fees and permit fees pursuant to Section 32-1-1001(1)(j), C.R.S., and any reinspection fees that may be required. . "Please Print Name LW-0Ni / / 91-C1' Signatu A MINIMUM OF 10 BUSLNESS DAYS IS Q LT - •D/FOR PLAN RIE• W :4:'e*****.**:hh::'****:F****.:t****:E:'Y****?:t.fir.:t:"S****]k:EiF:t**FAY:t:ti:'.l':ti.':F'J.".'****{-,<<*-:<:t:F::x4.'****'..'I::t****J.-:::thiC4.'k'l.':s:Y.2:Fk:F:c:F"****** • • • \d1'FPD FP-0l 0(11.00)1 • Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Doobin Run 50 Bonanza Dr. P.O.Box 40 Longmont,CO Longmont.CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO Erie.CO 100 So.Forest St. 80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 80516 Dacono,CO 80514 FROM • •.1 r ELF BPPT I ST CHURCHFRO::: : 333 442 5071 Mar 04 200_ ' : 40PM `2 izzo 7. N MIN VIEW FIRE 1E 4187,11CT r of S trflve Office: , t F;; � ,, . . 9119 County Line RRoad ° Longmont, CO 80601 8 7 7 ,20 7` 0 Gt FAX (303) 651s7702�. . . 1a*'-' March 3, 2005 Mr, men May • ft icy AsEnNiatcs 5312 W osti 9th Sum Drive, # 150 Greeley, CO 80634 Dew Mt, Bloy: I have reviewed the final st plan a.nd bu gilding cowst ction. pi= for the Bible Thyptist Church located 5050 Weld rity RtcyS 1 in Wek.1 COTSaved band cm the following comments, and you ; si The oti building wpwirg to be, about 4,350 squarea feet of type WNagnstration and not protected with ma automatic e spratinkler system. La =Same Appendix ilia of the Uniform Fire Code, the requinxi fire flow for the bonding is 1350 gallons per minute, measauied at a r ive press= of 20 pounds per FAluare inch. The fire hydrant as shown on the plans submittedii acceptable. A flow .ttst will mad to be oonductS after the hydrant is Shed . 0 If ground cover and shru &.!y is Stied aw_ww. i . fire hydrdnts for aesthetic purposes, the ground cover and tu crag not excced 4 im a heights Fire apparatus exam .fop= to be suitaoty as indkawd on the ply- Fire apparatus .access roads mot. be S gne awl maititain, 4 to suppon the imposed loads of fire apparatus (75,000 ins),, must have a surfre that provicks albotather (riving c abilities, and be free film thstractions whia tai dgs locked gees w t ss oS r 1st approved, Approved ads . u . ; aIi be placed om the building or on a freestandi ,st g sign in such a pert .n to be plainly !visible and legible from the street fronting the property . A .dress , • numbers or letten shall eontrast withtheir background_ All exit deans till bea, provided with no other loch or lock CXCCJ°4s panic hardware. The main enrr exit may bre provided With a double key dea& ok but the door must provided with a sign statingstatingr'eT s 'door S to re .m unl o cn li during busincss hours" : • a Portable fire e in iin • ith appropriate hx thon trialvitcn, are rum to be idled in the hull g, The fire utinguisha locai÷i i.n the mechanhal mon ram to be relocated to vestibule UM T An additioS the afinguisher nos to be addS in the sanctuary y door 120B. Ciernerally, the Fire District requires that five .pound extinguishers rated for class A :W : C fires he mounbui in a : si Ee locations and moused three to live !St. above the floor. Extinguishers be provided with current inspoction tags.. b.xf.ian 1 amen 2 StatS 3 $k ken 4 Stalio11 P, emik () a t4s tlbn 7 s 9 EI Catty Linn Fi .i, 1C4.171 WCPt9 P .Cif. x 575 P a E30:4 11 1O11 Dok)bir' Run 50 Bon Jahn Dr. P10, Dog 40 Lev-roll, Co Lar9 irprf, r,` 298 Palma-a- Avg. iISOri ,riiwcm Rccct LarayettO, CO Frig, CO 10(% So. Pontn St' gL601 2,C.Z04 blesti, CC) 8.064, Newnt, CA5 80-5‘3,4 80518 Dace, GO Vii"' 14 FRAM :,T DUNCANFB I B LE BAPTIST CHURCH FAX HO. :303 442 5071 Mar. 04 2005 02:41PM P3 Mr. Loren 'ley Mardi 3,2005 P::,c Two w. Although a fire.alarm system is not required, if one is provided plaro need to be subirsitted to • approved by the Fire District and installed in accordance with the Uniform Fire Code and NFFA.77. Detectors as shown on the plans submitted do not appear to meet the provisions of the fire code. If a fire alarm system is installed a fire department key box (Knox Box) is required to be installed at a Fire.District approval loeatioin on the exterior of the building. Please notify the Fire District of the owner's intuitions_ • The occupant load of the building shall be posted near the front entrance to the building. • The use of candles or other open flame devices is prohibited unless approved by the Fire District and used in accordance with the provisions of the Uniform Fire Code. If the occupant wishes to use devices,they should contact the Fire District for requirements. ✓ All curtains awl combustible deco.rative material shall be flame resiatant or treated and maintained with an approved flame retardant material. • A final inspection of the occupancy will to required by a member of the Fire District before any Certificate of Occupancy is issued from Weld County. All requests •for inspections should be made to the Fire Prevention tt t s r cc at least three business days in advance, • Fees are;$50 per lour,per inspector,for any failed inspection that would require art inspector to return to the site for atltlitional inspection_ Reinspection fps must be paid at the District Arninrisntion maces before a reicspection may be scheduled. Should changes be made to the plans additional review and comment will be necessary. Nothing in this review is intend l to authorize or approve of any aspect of this project that does not oornply with all applicable codes and si rdarcla.. Should you have any questions, please contact .m©at(303)772-07l0. Sincerely, LuAnn Penfold Fire Marshal • 1JMP l.p cc: Dennis Renley,Weld County Building Department,4209 WCR 24.5,Longmont, 80504 project file ipo creos IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this 4th day of April ,2005,by and between the County of WeId,State of Colorado, acting through its Board of County Commissioners,hereinafter called "County," and Bible Baptist Church hereinafter called "Applicant." WITNESSETH: WHEREAS,Applicant is the owner of,or has a controlling interest in the following described property in the County of Weld,Colorado: Lot B,Rec.Exempt. No.RE-1500 Section 6, TWP 1N, Rng 68W,6PM WHEREAS,a Final Subdivision/Planned Unit Development(PUD)plat of said property,to be known as USR-1487 (Bible Baptist Church) has been submitted to the County for approval, and WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Plat,Planned Unit Development Final Plat,or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public 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. 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 1 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. 3.2 Applicant shall employ,at its own expense,a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction,the County shall have the right to test and inspect,or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems,water,gas,electric and telephone services. 3.5 Said Subdivision or Planned Unit Development improvements shall be completed,according to the terms of this Agreement,within the construction schedule appearing in Exhibit"B." The Board of County Commissioners,at its option,may grant an extension of the time of completion shown on Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by,arising from,or on account of said design and construction of 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. 2 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. 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. 3 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 ..8 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. 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 nne 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 (100%) of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 4 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. 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. 5 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. 6 EXHIBIT "A" Name of Subdivision or Planned Unit Development: Lot B, Rec. Exempt. No.-1500, Sect.6,TWP 1N,Range 68W,6PM Filing: USR-1487 (Bible Baptist Church) Location: 5050 WCR#1 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 Construction Costs Cost Site grading Street grading $ 3000.00 Est Street base Entry slab at WCR#1 $ 5600.00 Bid Street paving (Site Paving/Asphalt) $23,04/.00 Bid Curbs,gutters,and culverts 3@Entry WCR#1 $ 6' /91 .00 Bid Sidewalk On-Site $ 1 ,220.00 Bid 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 Tap instal I $ 2,308.00 B i d Water Mains(includes bore) Fire hydrants (1 Required) $ 5,857.00 B i d Survey and street monuments and boxes Street lighting ( 5 HPS Pole Lamps) $ 10,000.00 Est, Street Names Fencing requirements Landscaping (Reno/Repairs) $ 2,000.00 Est Park improvements Road culvert Grass lined swale Telephone Gas (Relocate Service Line) $ 2,000.00 Est Electric ( New Underground Service) $ 4,000.0U Est Water transfer SUB-TOTAL: $ 68,923.00 Est/Bid 6,890.00 Engineering and Supervision Costs$ 6890.00 $ 75,813.00 (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 $ 75,813.00 Est/Bid 8 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. "PBy1 CY a l4 0 IR ' , _ ,/ O , Applicant C N 41 ;--,\L ,_% I 2C. Ap lica t(-Th . Thi , , k\ n re--- --) 6- A ii-L---- - —C.ea- - i Date : f _ (,_ , 20 CS . Title (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Q�� I� co �. it; , { r� o f c)e- v- .. a 1 fr"'a 6a vie kr 47�' a`"` '^.1� , t`' o t Efr e. § \,----. p„ `' , v` My Commission Expires 11 /7/2005 : : c. , o 1 7-,, �l ,: 6500 Lookout Road �. : e � Jo ;; E �� � '' �N _ Boulder, Co 80301 • t; . ' " t e V ii * 2I v JON T `Nt � i S � I M1 rte . / •• •i i i • • ! 'I • Ai.� 10 ofri i ,9 , 81.;.A.. Q.eb - Op cot .O � ���`��� 9 ' ' 1 L ` EXHIBIT " B " Lot B , Rec . Exempt . No . RE - 1500 , Section 6 , TWP Name of Subdivision I N , Range 68W , 6PM ,, Weld County C o . or Planned Unit Development : Filing : USR - 1487 ( Bible Baptist Church ) Location : 5050 WCR # 1 , Erie , Colorado 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 Street base 6 / 01 / 05 thru 7 / 01 / 05 Street paving 5 / 15 / 05 thru 6 / 15 / 05 Curbs, gutters, and culverts 7 / 01 / 05 thru 7 / 05 / 05 Sidewalk 7 / 05 / 05 thru 7 / 10 / 05 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 5 / 15 / 05 thru 6 / 15 / 05 Fire hydrants Survey and street monuments and boxes Street lighting 7 / 05 / 05 thru 7 / 10 / 05 Street name signs Fencing requirements Landscaping Park improvements Road culvert 6 / 01 / 05 thru 6 / 15 / 05 Grass lined swale Telephone Gas 6 / 01 / 05 thru 6 / 15 / 05 Electric Water Transfer SUB-TOTAL : 10 M ' 4 ' 1 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. .7 ) By : kip i feeptgrefisi- 017 Applicant-------' \ (10 X11. 4picant , (-------:,) z1 (MI k ~A-Q- - Date : ° - O , 20 . Title (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) y, \ C 6 •0�L ' Go S °' s Q'� ,�,,,Na f .r,� +7 ss: ! Cw �V - }t�J) ';9 �Ji° , • u 4 �+'��,.. S'� C.�� 0'' .gym 4q,,� } f f Is fi�'x. a c (k, -,.. YAP to -. A f.. •o. 80 . ~T JON ,7:1,1 My Commission Expires 11 / . 12005 scrilikr,O q .,�`0A 6500 Lookout Road fl% el . qIA 10 1I Boulder, CO 0301 / e t le el 7 et i C eV---------- i Il C 0 /i isrliWe le\ soC9 / •••9••••• JA 11 1 C 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. APPLICANT : ° i -� Ic- 4 .9 ��S` yii) APPLICANT : I G ' 3L4 TITLE : d Sr Subscribed and sworn to before me this day of ;I (D `i s , , 200 . d �. U 6 ° 000430 * ogref of, aMy Commission expires : t ' 'r C �g �V A ;:octellis � Noty Public r j My Commission Expires_ W 05 6500 Lookout Road 6 Boulder% 80301 +* %1o geen9 .1 \ a. C r.. C - ATTEST : BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board , Chair BY: Deputy Clerk to the Board APPROVED AS TO FORM : County Attorney 7
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