HomeMy WebLinkAbout20050163 RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS(PUBLIC ROAD MAINTENANCE),AUTHORIZE
CHAIR TO SIGN,AND ACCEPT COLLATERAL FOR PLANNED UNIT DEVELOPMENT
FINAL PLAN, PF #613 - CATTAIL CREEK GROUP, 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,the Board of County Commissioners,on August 18,2004,approved a Planned
Unit Development Final Plan, PF #613, for Cattail Creek Group, LLC, c/o George DuBard,
304 Immigrant Trail,Windsor,Colorado 80550,for eight(8)lots with E(Estate)Zone Uses and one
(1) lot with A (Agricultural)Zone Uses, along with approximately 7.1 acres of Open Space on the
following described real estate, to-wit:
Lot C of Recorded Exemption#2637;being part of the
SW1/4 of Section 9, Township 6 North, Range 66
West of 6th P.M., Weld County, Colorado
WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with
an Improvements Agreement According to Policy Regarding Collateral for Improvements(Public
Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Cattail Creek Group, LLC,with terms and conditions
being as stated in said agreement, and
WHEREAS,the Board has been presented with Irrevocable Letter of Credit CCG-04-1 from
Unisyn Capital Corporation, 1204 West Ash Street, Suite A, Windsor, Colorado 80550, in the
amount of$264,100.00, 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(Public Road Maintenance)between the County of Weld,State of Colorado,by and
through the Board of County Commissioners of Weld County, and Cattail Creek Group, LLC, be,
and hereby is, approved.
BE IT FURTHER RESOLVED that Irrevocable Letter of Credit CCG-04-1 from Unisyn
Capital Corporation, 1204 West Ash Street, Suite A, Windsor, Colorado 80550, in the amount of
$264,100.00, be and hereby is, accepted.
2005-0163
p PL1628
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IMPROVEMENTS AGREEMENT - CATTAIL CREEK GROUP, LLC
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 12th day of January, A.D., 2005.
opo ..` BOARD OF COUNTY COMMISSIONERS
tI\N. 1E / a% WELD COUNTY, COLORADO
•
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1{_;; jtelletai
VV v.1 William H. Jer , Chair
+`C o •' s lerk to the Board
1‘r ;w J
%`( % //AO � , , Ni? ile, Pro-1`em
�: '% CX I/l�
Deputy Clerk t the Board
i E. L g
APP AS T •
Robert Masden
oun Attorney /-J
Glenn Vaad
Date of signature: 12
lzek
2005-0163
PL1628
525
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLIC ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this /day of �N� , 200 %by and
between the County of Weld, State of Colorado, acting through its Board of County Commissioners,
hereinafter called"County,"and Cattail Creek Group, LLC,hereinafter called "Applicant."
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following described
property in the County of Weld, Colorado:
Lot C of Recorded Exemption#2637; being part of the Southwest Quarter(S W'/)of Section 9,
Township 6 North,Range 66 West of the 6th P. M., Weld County,Colorado
WHEREAS,a final Subdivision/Planned Unit Development(PUD)Plat of said property,to be known
as CATTAIL CREEK PLANNED UNIT DEVELOPMENT 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 Improvements Agreement guaranteeing the construction of the public improvements
shown on plans, plats and supporting documents of the Subdivision Final Plat, Planned Unit Development
Final Plat,or Site Plan,which improvements,along with a time schedule for completion,are listed in Exhibits
"A"and "B"of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and
approval of said Final Plat,the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in
connection with the design and construction of the Subdivision or Planned Unit Development
improvements listed on Exhibit "A," which is attached hereto and incorporated herein by
reference.
1.1 The required engineering services shall be performed by a Professional Engineer and
Land Surveyor registered in the State of Colorado,and shall conform to the standards
and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs,plans and profiles,estimates,construction supervision,and the submission
of necessary documents to the County.
1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision
or Planned Unit Development to the County for approval prior to the letting of any
construction contract. Before acceptance of the roads within the Subdivision or
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Planned Unit Development by the County, 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. All
such rights-of-way and easements used for the construction of roads to be accepted by the
County shall be conveyed to the County and the documents of conveyance shall be furnished
to the County for recording.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or
Planned Unit Development improvements listed on Exhibit"A,"which is attached hereto and
incorporated herein by reference,according to the construction schedule set out in Exhibit"B"
also attached hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a Subdivision or Planned Unit Development is proposed
within three miles of an incorporated community located in Weld County or located
in any adjacent county,the Applicant shall be required to install improvements in
accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards at the time the
Subdivision or Planned Unit Development is proposed, the requirements and
standards of the County shall be adhered to. If both the incorporated community and
the County have requirements and standards,those requirements and standards that
are more restrictive shall apply.
3.2 Applicant shall employ, at its own expense,a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall famish 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
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every nature and description caused by, arising from, or on account of said design and
construction of improvements,and pay any and all judgments rendered against the County on
account of any such suit,action or claim,together with all reasonable expenses and attorney
fees incurred by County in defending such suit,action or claim whether the liability,loss or
damage is caused by, or arises out of the negligence of the County or its officers, agents,
employees,or otherwise except for the liability, loss,or damage arising from the intentional
torts or the gross negligence of the County or its employees while acting within the scope of
their employment. All contractors and other employees engaged in construction of the
improvements shall maintain adequate worker's compensation insurance and public liability
insurance coverage,and shall operate in strict accordance with the laws and regulations of the
State of Colorado governing occupational safety and health.
5.0 Off-Site Improvements Reimbursement Procedure: The subdivider,applicant,or owner may
be reimbursed for off-site road improvements as provided in this section when it has been
determined by the Board of County Commissioners that the road facilities providing access to
the Subdivision or Planned Unit Development are not adequate in structural capacity,width,
or functional classification to support the traffic requirements of the uses of the Subdivision or
Planned Unit Development.
5.1 The subdivider, applicant, or owner shall enter into an off-site improvements
agreement prior to recording the fmal plat when the subdivider,applicant,or owner
expects to receive reimbursement for part of the cost of the off-site improvements.
5.2 The off-site improvements agreement shall contain the following:
The legal description of the property to be served.
The name of the owner(s)of the property to be served.
- A description of the off-site improvements to be completed by the
subdivider,applicant, or owner.
- The total cost of the off-site improvements.
The total vehicular trips to be generated at build-out by the Subdivision,
Resubdivision,or Planned Unit Development,as specified by the ITT Trip
Generation Manual, or by special study approved by the Board of County
Commissioners.
A time period for completion of the off-site improvements.
- The terms of reimbursement.
The current address of the person to be reimbursed during the term of the
agreement.
Any off-site improvements agreement shall be made in conformance with the
Weld County policy on collateral for improvements.
5.3 If the subdivider, applicant, or owner fails to comply with the improvements
agreement,the opportunity to obtain reimbursement under this section is forfeited.
5.4 When it is determined by the Board of County Commissioners that vehicular traffic
from a Subdivision, Resubdivision, or Planned Unit Development will use a road
improvement constructed under an improvements agreement, the subsequent
subdivider,applicant,or owner shall reimburse the original subdivider,applicant,or
owner, for a portion of the original construction cost. In no event shall the original
subdivider, applicant, or owner collect an amount which exceeds the total cost of
improvements less the pro rata share of the total trip impacts generated by the
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original development. Evidence that the original subdivider,applicant,or owner has
been reimbursed by the subsequent subdivider,applicant or owner shall be submitted
to the Department of Planning Services prior to recording the Subdivision,
Resubdivision,or Planned Unit Development Final Plat.
5.5 The amount of road improvement costs to be paid by the subsequent subdivider,
applicant,or owner of a Subdivision,Resubdivision,or Planned Unit Development
using the road improvements constructed under a prior improvement agreement will
be based upon a pro rata share of the total trip impacts associated with the number
and type of dwelling units and square footage and type of nonresidential
developments intended to use the road improvement. The amount of road
improvement costs shall also consider inflation as measured by the changes in the
Colorado Construction Cost Index used by the Colorado Division of Highways. The
cost of road improvements may be paid by cash contribution to the prior subdivider,
applicant or owner, or by further road improvements which benefit the prior
subdivider, applicant, or owner's property. This decision shall be at the sole
discretion of the Board of County Commissioners based upon the need for further
off-site road improvements.
5.6 The report entitled TRIP GENERATION (Third Edition, 19821 of the institute of
Transportation Engineers shall normally be used for calculating a reasonable pro rata
share of the road improvement construction costs for all Subdivisions,
Resubdivisions,or Planned Unit Developments. A special transportation study shall
be used for land uses not listed in the ITE Trip Generation Manual. Any question
about the number of trips a Subdivision, Resubdivision, or Planned Unit
Development will generate shall be decided by the County Engineer.
5.7 The term for which the subdivider,applicant,or owner is entitled to reimbursement
under the off-site improvements agreement,entered into between the subdivider and
the County, is ten years from the date of execution of a contract for road
improvements.
5.8 This provision is not intended to create any cause of action against Weld County or
its officers or employees by any subdivider,applicant,or owner for reimbursement,
and in no way is Weld County to be considered a guarantor of the monies to be
reimbursed by the subsequent subdividers, applicants, or owners.
6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following
procedures by the Applicant,streets within a Subdivision or Planned Unit Development may
be accepted by the County as a part of the County road system and will be maintained and
repaired by the County.
6.1 If desired by the County,portions of street improvements may be placed in service
when completed according to the schedule shown on Exhibit"B,"but such use and
operation shall not constitute an acceptance of said portions.
6.2 County may,at its option, issue building permits for construction on lots for which
street improvements detailed herein have been started but not completed as shown on
Exhibit"B," and may continue to issue building permits so long as the progress of
work on the Subdivision or Planned Unit Development improvements in that phase
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of the development are satisfactory to the County; and all terms of this Agreement
have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit
Development and the filing of a Statement of Substantial Compliance, the
applicant(s)may request in writing that the County Engineer inspect the streets and
recommend that the Board of County Commissioners accept them for partial
maintenance by the County. Partial maintenance consists of all maintenance except
for actual repair of streets, curbs and gutters,and related street improvements. Not
sooner than nine months after acceptance for partial maintenance of streets, the
County Engineer shall,upon request by the applicant,inspect the subject streets,and
notify the applicant(s)of any deficiencies. The County Engineer shall reinspect the
streets after notification from the applicant(s) that any deficiencies have been
corrected. If the County Engineer finds that the streets are constructed according to
County standards,he shall recommend acceptance of the streets for full maintenance.
Upon a receipt of a positive unqualified recommendation from the County Engineer
for acceptance of streets within the development, the Board of County
Commissioners shall accept said streets as public facilities and County property,and
shall be responsible for the full maintenance of said streets including repair.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One-
Hundred percent (100%) of the value of the improvements as shown in this
Agreement. Prior to Final Plat approval,the applicant shall indicate which of the five
types of collateral preferred to be utilized to secure the improvements subject to fmal
approval by the Board of County Commissioners and the execution of this
Agreement. Acceptable collateral shall be submitted and the plat recorded within six
(6)months of the Final Plat approval. If acceptable collateral has not been submitted
within six(6)months then the Final Plat approval and all preliminary approvals shall
automatically expire. An applicant may request that the County extend the Final Plat
approval provided the cost estimates are updated and the development plans are
revised to comply with all current County standards, policies and regulations. The
improvements shall be completed within one (1)year after the Final Plat approval
(not one war 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
f100%) 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 Plan or Subdivision Final
Plan. The applicant would need only to provide collateral for the improvements in
each filing as approved. The County will place restrictions on those portions of the
property that are not covered by collateral which will prohibit the conveyance of the
property or the issuance of building permits until collateral is provided or until
improvements are in place and approved pursuant to the requirements for a Request
for Release of Collateral.
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7.3 The applicant intends to develop in accordance with Exhibits"A"and"B." The costs
of the improvements described in Exhibit"A"will be adjusted higher or lower for the
year and quarter in which the contemplated work is being performed based on"The
State Highway Bid Price Index" contained in the "Quarterly Cost Report" of The
Engineering News-Record as published by The McGraw-Hill Companies. The
applicant has provided cost estimates for all phases of the development which will be
adjusted in accordance with The State Highway Bid Price Index at the time of
posting of collateral for each phase.
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld
County subject to fmal 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 to 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.
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.
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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.
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 hnprovements 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
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Compliance from an Engineer registered in the State of Colorado that the project or a portion
of the project has been completed in substantial compliance with approved plans and
specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during the
course of construction and the construction plans utilized are the same as those
approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation(CDOT)Schedule for minimum materials sampling,
testing and inspections found in CDOT Materials Manual.
9.3 "As-built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project "as-built" is in
substantial compliance with the plans and specifications as approved, or that any
material deviations have received prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by a
letter of acceptance of maintenance and responsibility by the appropriate utility
company,special district or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall indicate
if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in Sections 9.0 thru 9.5 shall be noted on the final construction
plans.
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of acceptance of the streets for partial maintenance by the County,
the applicant(s)may request release of the collateral for the project or portion of the
project by the Board. This action will be taken at a regularly scheduled public
meeting of the Board.
9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"in
the amount of fifteen percent(15%)of the value of the improvements as shown in
this Agreement excluding improvements fully accepted for maintenance by the
responsible governmental entity,special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon fmal acceptance by the
Board of County Commissioners for full maintenance under Section 5.3 herein.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a
rezoning, Subdivision or Planned Unit Development, requires the dedication,development
and/or reservation of areas or sites other than Subdivision or Planned Unit Development
streets and utility easements of a character, extent and location suitable for public use for
parks, greenbelts or schools, said actions shall be secured in accordance with one of the
following alternatives, or as specified in the Planned Unit Development plan, if any:
10.1 The required acreage, as may be determined by relevant Sections of the Weld
County Code,shall be dedicated to the County or the appropriate school district,for
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one of the above purposes. Any area so dedicated shall be maintained by the County
or school district.
10.2 The required acreage,as determined by relevant Sections of the Weld County Code
may be reserved through deed restrictions as open area, the maintenance of which
shall be a specific obligation in the deed of each lot within the Subdivision or
Planned Unit Development.
10.3 In lieu of land,the County may require a payment to the County in an amount equal
to the market value at the time of Final Plat submission of the required acreage as
determined by relevant Sections of the Weld County Code. Such value shall be
determined by a competent land appraiser chosen jointly by the Board and the
Applicant. The cash collected shall be deposited in an escrow account to be
expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal
representatives,successors and assigns of the Applicant,and upon recording by the County,
shall be deemed a covenant running with the land herein described,and shall be binding upon
the successors in ownership of said land.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to b executed on the day
and year first above written.
APPLICANT:
APPLICANT:
111LE: /114.41,94-7 2/4)ts,
Subscribed and sworn to before me this 3 0 day of LIU S- 2004.
,
My Commission expires:
()%7118 Notary Public
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{} T BOARD OF COUNTY COMMISSIONERS
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Tv my clerk to the Bo d Chair, William H. Jerke 1/12/2005
Deputy Clerk to e Board
APPROVED AS TO FORM:4
C ty Attorney
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EXHIBIT "A"
Name of Subdivision
or Planned Unit Development: CATTAIL CREEK P.U.D.
Filing:
Location: Part of the Southwest Quarter(SW%)of Section 9,Township 6 North,Range 66 West of the 6th
P. M., Weld County, Colorado
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
Street grading 1,800 Cu. Yd. $2.00 $3,600.00
Street base (4") 4,625 Sq. Yd. $5.00 $23,125.00
Street paving(3") 4,625 Sq. Yd. $7.00 $32,375.00
Curbs,gutters,and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch Improvements L. S. $15,000.00
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water Mains(includes bore) L. S. $35,000.00
Fire hydrants 2 Each $3,500 $7,000.00
Survey and street monuments and boxes L. S. $7,000.00
Street lighting
Street Signs 3 Each $250 $750.00
Fencing requirements
Landscaping L. S. $36,500.00
Park improvements
Road culvert 2 Each $2,250 $4,500.00
Grass lined swale L. S. $350.00
Telephone L. S. $4,400.00
Gas
Electric L. S. $50,000.00
Water transfer 3 Each $6,500 $19,500.00
SUB-TOTAL: $239,100.00
Engineering and Supervision Costs $25,000.00
(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 $ 264,100.00
1111111 11111 Hill IIII 111111 MITI III 111111 III IIII
3256525 01/26/2005 04:28P Weld County, CO
11 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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 improve is shall be co leted according to the construction schedule set out in Exhibit"B."
By:
Applicant
Applicant/(any;n,, ?2/4
1/ Date: g` rilace , 2004.
Title ✓
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
AIM 11111 11111 111111 IIII 111111 111111 Mint III IIII
3256525 01/26/2005 04:28P Weld County, CO
12 of 14 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
Page 12 of 14
EXHIBIT"B"
Name of Subdivision
or Planned Unit Development: CATTAIL CREEK P. U. D.
Filing:
Location: Part of the Southwest Quarter(SW'/,)of Section 9, Township 6 North, Range 66 West of
the 6111 P. M., Weld County,Colorado
All improvements shall be completed within three(3)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 One Year from date of Plat Recording
Street grading One(1)Year from date of Plat Recording
Street base One(1)Year from date of Plat Recording
Street paving One(1)Year from date of Plat Recording
Curbs, gutters, and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements One(1)Year from date of Plat Recording
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water mains One(1)Year from date of Plat Recording
Fire hydrants One(1)Year from date of Plat Recording
Survey and street monuments and boxes One(l)Year from date of Plat Recording
Street lighting
Street name signs One(1)Year from date of Plat Recording
Fencing requirements
Landscaping Three(3)Years from date of Plat Recording
Park improvements
Road culvert One(1)Year from date of Plat Recording
Grass lined swale Three(3)Years from date of Plat Recording
Telephone One(I)Year from date of Plat Recording
Gas
Electric One(1)Year from date of Plat Recording
Water transfer One(1)Year from date of Plat Recording
SUB-TOTAL: 1111111 liii! Ili" 111111 (III 111111111111 III 111111 Iii liii
3256525 01/26/2005 04:28P Weld County, CO
13 of 14 R 0,00 D 0.00 Steve Moreno Clerk& Recorder
Page 11 of 14
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 can t be met.
By:
Appl c
Applicant L
el :n a/4W Date: gig° , 2004.
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
AIM 1111111111111111IIIIMIIIIMIII III BRIO
IIII
3256525 01/26/2005 04:28P Weld County, CO
14 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Page 14 of 14
_AUNEk7Lfl
CAPITAL
" CORPORATION
IRREVOCABLE LETTER OF CREDIT NO.CCG-04-1
ISSUE DATE: December 16, 2004
APPLICANT: Cattail Creek Group, LLC
BENEFICIARY:
Board of County Commissioners AMOUNT:USD Two Hundred
Weld County, Colorado Sixty Four Thousand
PO Box 758 One Hundred and
Greeley, Colorado 80632 No/100 Dollars
Dear Weld County Board of County Commissioners :
We hereby establish our irrevocable Letter of Credit in your favor
in the amount of $264, 100 . 00 . The purpose of this Letter of Credit
is to secure performance of a Development Agreement for Cattail
Creek Planned Unit Development dated , between the
County of Weld and Cattail Creek. Group, LLC.
You are hereby authorized to draw on sight at Unisyn Capital
Corporation, 1204 West Ash Street, Suite A, Windsor, CO 80550, by
drafts, up to the aggregate amount of $264 , 100 . 00, drawn on LOC No.
CCG-04-1 .
The sole condition for payment of any draft drawn against this
Letter of Credit is that the draft be accompanied by a letter, on
the County' s Letterhead, signed by the Board of County
Commissioners, to the effect that Cattail Creek Group, LLC is in
default of Developer' s obligations pursuant to the Development
Agreement .
This Letter of Credit shall expire on December 15, 2005 , at 5 : 00 PM
This Letter of Credit shall not expire prior to the County' s
inspection and acceptance of public improvements as provided for in
the Development Agreement, at which time the County shall release
100% of the collateral for public improvements . 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 Unisyn Capital
Corporation notifies Beneficiary in writing that the Letter of
Credit will not be renewed. In the case that you receive such a
notification, you may draw by presentation of the following :
(a) a draft at sight of UNISYN CAPITAL CORPORATION;
(b) a statement purportedly signed by an official of the Board of
County Commissioners of Weld County, Colorado stating that we have
received notice from UNISYN CAPITAL CORPORATION that the Letter No.
1204 West Ash Street, Suite A A Windsor, Colorado 80550 ♦ (970) 686-7600 Fax (970) 686-7001
CCG-04-1 will not be renewed and that Cattail Creek Group, LLC has
failed to provide of adequate and substitution of this Letter of
Credit No. CCG-04-1 ;
(c) copy of letter from UNISYN CAPITAL CORPORATION stating
nonrenewal of Letter of Credit CCG-04-1 and the Original Letter of
Credit .
Yours Truly,Jisyn
R ta, Vice PresidentU 7-- 4/I: p
Capital Corporation
h MEMORANDUM
t TO: Board of County Commissioners
WIID�. DATE: December 20, 2004
COLORADO FROM: Sheri Lockman, Planner II
SUBJECT: Acceptance of Improvements Agreement According to
Policy Regarding Collateral for Improvements (Public Road
Maintenance) and Agreement for Improvements for County
Road 70 Road Stabilization for Dust Control
Cattail Creek PUD
Case Number PF-613
The Departments of Planning Services and Public Works have reviewed the Improvements
Agreements for Cattail Creek PUD.
Items covered under the Improvements Agreement include:
Street grading $ 3,600.
Street base (4") $ 23,125.
Street paving (3") $ 32,375.
Ditch Improvements $ 15,000.
Water mains (includes bore) $ 35,000.
Fire hydrants $ 7,000.
Survey and street monuments and boxes $ 7,000.
Street signs $ 750.
Landscaping $ 36,500.
Road culvert $ 4,500.
Grass lined swale $ 350.
Telephone $ 4,400.
Electric $ 50,000.
Water transfer $ 19,500.
Engineering and supervision costs $ 25,000.
Total Estimated Cost of Improvements $ 264,100.
Total cash escrow for road stabilization for County Road 70 $ 15,336.
The Department of Public Works and the Department of Planning Services, have determined
that the amount of the agreements will be sufficient to complete the work required for Cattail
Creek PUD and road stabilization for County Road 70. The Departments of Public Works and
Planning Services are recommending acceptance of the Improvements Agreement According
to Policy Regarding Collateral for Improvements (Public Road Maintenance) and associated
Irrevocable Letter of Credit along with the Agreement for Improvements for County Road 70
Road Stabilization for Dust Control.
Weld County Planning Department
CREEL F? OFFICE
a" 6 JUN 1 7 2(104
, j' , MEMORANDUM RECEIVED _ -
1 TO: Sheri Lockman, Planner DATE: 15-June-2004
FROM: Peter Schei, P.E., 1�1 eer, Public Works Department
COLORADO SUBJECT: PF-613 Cattail Cr ek • (Final Plat)
Weld County Public Works Department has reviewed final plan materials and has the following development referral
comments.
Comments •T Public Works has reviewed stamped, signed and dated (May 17, 2004) final roadway, drainage, utility / construction plan
drawings, by Dennis R. Messner, P.E., of Messner Engineering Inc. Certified drawings will remain in the department's file for -
use during construction. These drawings must be resubmitted with the following:
o Additional right-of-way shall be required adjacent to the bus pullout area equivalent to the width of the pullout lane.
The right-of-way will be dedicated on the final plat.
o The Engineering Geology Report for Proposed Cattail Creek PUD, dated March 18, 2003,by Church &Associates,
Inc. is acceptable. The applicant should provide future property owners with a copy of this report. A note should be
placed on the final plat drawing stating that shallow groundwater may interfere with basement construction, and
foundation depths(full-depth basements may not be feasible).
❑ The applicant must submit three (3) additional sets of final roadway, drainage, utility / construction plan drawings (stamped,
signed, and dated)to Public Works for Weld County Field Inspectors' use during construction of the subdivision.
❑ The Geotechnical Engineering Report Cattail Creek Pavement Design,dated May 5,2004,by Terracon(Project No. 21045034) is
acceptable.
❑ The Final Drainage Investigation & Erosion Control Report for Cattail Creek—P.U.D., dated May 2004,by Dennis R. Messner,
P.E. with Messner Engineering Inc.(Project No. GRD—431 -02)is acceptable.
❑ The applicant has submitted Improvements Agreement According to Policy Regarding Collateral for Improvements(Public Road
Maintenance),which has been reviewed by Public Works(on-site).
o The Public Works Department recommends acceptance of the transportation portion of "Exhibit A" for the
Improvements Agreement According to Policy Regarding Collateral for Improvements(Public Road Maintenance).
o Non-transportation items must be verified by the Planning Department prior to scheduling the agreements for
acceptance by the Board of County Commissioners.
o The Board Of County Commissioners prior to recording the final plat shall approve the agreement.
❑ The applicant has submitted Agreement For Improvements For WCR 70 Road Stabilization for Dust Control, which has been
reviewed by Public Works(off-site).
o The Public Works Department recommends acceptance of this Agreement for Dust Control.
❑ The applicant or their agents may be required to obtain permits from Weld County's Public Works Right-Of-Way Agent,Ted Eyl,
for each utility.
Recommendation
❑ The above comments are prerequisites and shall be fulfilled prior to recording the final plat.
Any issues tar be resolved wtthPubl c Works pnor fo recording of the fnal plan',' r,
PC:PF-613 Cattail Creek POD(Final Plat).doc
Email&Original:Planner
PC by Post: Applicant Todd H0 dr s
PC by Post: Engineer frit%{'t.'-it-
Page 1 of 1
• •
i . :\--.)
0-ikt t . CLERK TO THE BOARD
• PHONE(970) 336-7215, Ext.4225
FAX: (970)352-0242
P.O. BOX 758
winGREELEY, COLORADO 80632
C.
COLORADO
June 17, 2009
UNISYN CAPITAL CORPORATION
1204 WEST ASH STREET, SUITE A
WINDSOR CO 80550
RE: Letter of Credit#CCG-04-1 for Cattail Creek Group, LLC
Ladies and Gentlemen:
This letter shall act as a reminder of your obligations to the Board of County Commissioners of Weld
County under the above-referenced Letter of Credit.
As you are aware, on the 16th day of December, 2004, Unisyn Capital Corporation issued a Letter of
Credit on behalf of Cattail Creek Group, LLC, naming the Board of County Commissioners of Weld
• County, Colorado as beneficiary. The dollar amount of the Letter of Credit was established at Two
Hundred Sixty-four Thousand One Hundred Dollars($264,100.00).
The terms of the Letter of Credit require that it be maintained by your institution until the 15th day of
December, 2005,with auto renewal unless 60 days notice is provided. If you believe that the Letter of
Credit expired prior to that date, please contact me immediately, as you are required under the terms of
the Letter of Credit to replace it.
If you have any questions regarding this letter or your obligations under the Letter of Credit, or if you
disagree with any of the statements contained herein, please call Donna Bechler, at 970-356-4000,
ext. 4227. ////
Very truly yours, �/✓ 10
Donald D. Warden 7y Y-. AD . lit ,�2
Clerk to the Board P �I ace)
.7 � ,1/, U1 �i /ut to ti n,
Deputy Cler o the Board G(.2`�� I
i�k �,�� � ,per" � �
pc Cattail Creek Group, LLC / �9�` c� " / j „Mee c � n��� 3
rill
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F•r •elivery Inf•rmati,n visit•ur we•site at www.us•s.c•mw
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Postage $
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SF•rm3:u,June2n2 See•everset•rins(mcti•ns
•
SENeE': C•M•LETE THIS SECTI•N C•M•LEre THIS SECTI•N •N •EuvE•y
• Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. X �� CI Agent
• Print your name and address on the reverse O Addressee
so that we can return the card to you. B. Received by(Printed Name) Dat of• livery
• Attach this card to the back of the mailpiece,
or on the front if space permits. 2i1, /I '?
D. Is delivery address different f item 1? ❑ es
1. Article Addressed to: If YES,enter delivery address below: N O No
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O Insured Mail O C.O.D.
4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number 7005 1820 0003 5225 1881
(Transfer from service lab s°
PS Form 3811,February 2004 Domestic Retum Receipt 102595-02-M-1540
•
UNI§UR
CAPITAL
• June 26, 2009 CORPORATION
Ms. Donna Bechler
Deputy Clerk to the Board
Weld County, CO
P O Box 758
Greeley, CO 80632
RE: Your letter to Unisyn Capital Corporation dated June 17, 2009 in reference to
Unisyn's Letter of Credit CCG-04-1 for Cattail Creek Group, LLC
Dear Ms. Bechler:
This memo is to follow up on our telephone conversation of earlier this day to confirm
that the above referenced Letter of Credit has expired. It expired after the one year
automatic extension of the Letter of Credit's originally identified expiration date of
December 15, 2005. Therefore, as of December 15, 2006, this Letter of Credit is no
longer in force.
Respectfully,
•
Runts, VP
nisyn Capital Corporation
•
1204 West Ash Street,Suite A ♦ Windsor, Colorado 80550 ♦ (970) 686-7800 Fax(970) 686-7001
Page 1 of 2
Donna Bechler
From: Kim Ogle
Sent: Thursday, July 02, 2009 9:39 AM
To: Donna Bechler
Subject: FW: Cattail Creek Group, LLC - Letter of Credit from Unisyn Capital Corporation
From: Kim Ogle
Sent: Wednesday, July 01, 2009 6:09 PM
To: Stephanie Arries; Bruce Barker; Donald Carroll; Donna Bechler; Esther Gesick; Richard Hastings
Cc: Kim Ogle
Subject: RE: Cattail Creek Group, LLC - Letter of Credit from Unisyn Capital Corporation
In follow-up
I contacted Steve Stencel with intennill to determine the engineer of record.
Dennis Messner prepared the plans for the Change of Zone and Final Plats.
Mr Messner did not prepare any As-Builts nor was a request for As Builts from the Cattail Group received.
He indicated that he has had no further interaction with this client in several years past.
Kim
In fo ow-up with Harvey Markham, Markham RID(South of SH 56. 114 mile West of CR 3
• Cracks in vement were filled by Property Owner, Markham
6.0 x 12.0 bu helter to be installed in 90 clays. Directed Mr Markham to contact the Buildino
Department for . Tmitting.
Requests letter to Mr. _. m Kula from
Guarantee Bank and Trus
3151 North Garfield
Loveland 80538
to outline the conditions and requeste Ilateral.
This road will be County maintained,right-o - ay icated to the public.
I will begin work on the letter to Mr. Markh• .
Church Barn
The size of the building appe s to be substantially scaled down t what was permitted. The
parking area that is grave and graded appears to be able to accom date 25-30 vehicles
Access apron off of C ,3 is in place and without default in constnicti . 2 ADA parking places near the door
are present,no pav eau but signed. Retention basins are in place and th ingle basin is bisected by
a secondary ac s to C'R 70 a local gravel road. Staff to review if this shou be closed.
Question pr .ented to Planning. . . is this a substantial modification from the a roved plat?
Would s f consider implementing a down sized facility and restrict occupancy 1 d of building. Required
parki is one space per 4 seats. Given size of building occupancy load appears to •75-100 persons.
• ave a great Thursday! Thanks, Kim
7/2/2009
•
Page2of2
•From: Stephanie Arries
Sent: Wednesday, July 01, 2009 10:24 AM
To: Bruce Barker; Donald Carroll; Donna Bechler; Esther Gesick; Kim Ogle; Richard Hastings
Subject: Cattail Creek Group, LLC - Letter of Credit from Unisyn Capital Corporation
I reviewed the letter of credit in this case. The relevant language in this LOC is as follows:
"This Letter of Credit shall expire on December 15, 2005, at 5:00 PM This Letter of Credit shall not expire prior
to the County's inspection and acceptance of public improvements as provided for in the Development
Agreement, at which time the County shall release 100%of the collateral for public improvements. 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 Unisyn Capital Corporation notifies beneficiary in writing
that the Letter of Credit will not be renewed."
While the letter of credit has the language regarding non-expiration pending County approval, the following
sentence stating that the LOC will extend for one additional year appears to limit the LOC to one extension, with
the expiration occurring Dec. 15, 2006 -as the man said who called Donna. Therefore, short of litigation, in my
opinion we would have a hard time enforcing this.
In this case, the only incomplete item is that the County does not have the as built plans.Kim and I spoke and he
is going to track down the developer to try to obtain those plans. I checked the Cob Sec of State website and
discovered that the LLC is delinquent. So we will see where this goes. According to Kim, the cost of a copy of the
as-builts could run $200 or so.
Question -comments??
• Call or email me
Stephanie
•
7/2/2009
Hello