HomeMy WebLinkAbout20053607.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE
CHAIR TO SIGN,AND ACCEPT COLLATERAL FOR SITE PLAN REVIEW,SPR#387-
NEIGHBORHOOD, INC., THROUGH DBM CONSULTING, LLC AND LEHIGH
ENTERPRISES ACQUISITION CORPORATION, C/O GLENN MCWILLIAMS
WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,on August 24,2005,the Department of Planning Services staff approved a Site
Plan Review, #SPR#387, for Neighborhood, Inc., through DBM Consulting, LLC and Lehigh
Enterprises Acquisition Corporation, do Glenn McWilliams, 7017 South Owens Street, P.O. Box
271047, Littleton, Colorado 80127,for a Individual Condominiums for Indoor Self Storage,Office
Space and Vehicle Maintenance on the following described real estate, to-wit:
Lot4(formerly known as Lots 4, 5,6,and 7), Block 2,
Western Dairymen Cooperative MUD West of 6th
P.M., Weld County, Colorado
WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with
an Improvements Agreement According to Policy Regarding Collateral for Improvements(Private
Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County,and Neighborhood, Inc.,through DBM Consulting, LLC and
Lehigh Enterprises Acquisition Corporation,Go Glenn McWilliams, with terms and conditions being
as stated in said agreement, and
WHEREAS, the Board has been presented with Irrevocable Standby Letter of Credit
No.22724 from Washington Trust Bank, P.O. Box 2127,Spokane,Washington 99210-2127, in the
amount of$253,111.00, and
WHEREAS,after review, the Board deems it advisable to approve said agreement and
accept said Irrevocable Standby Letter of Credit as stated above, copies of which are attached
hereto and incorporated herein by reference.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the Improvements Agreement According to Policy Regarding Collateral for
Improvements(Private Road Maintenance)between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County,and Neighborhood, Inc.,through DBM
Consulting, LLC and Lehigh Enterprises Acquisition Corporation, do Glenn McWillaims, be, and
hereby is, approved.
BE IT FURTHER RESOLVED that Irrevocable Standby Letter of Credit No. 22724 from
Washington Trust Bank, P.O. Box 2127, Spokane, Washington 99210-2127, in the amount of
$253,111.00, be and hereby is, accepted.
2005-3607
PL1812
"1 Pt- / Ak4j12, AZ o/—/9--O‘,7
IMPROVEMENTS AGREEMENT- NEIGHBORHOOD, INC., THROUGH DBM CONSULTING,
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 December, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
y 4a tf
ATTEST: ,a,"
1161 'I' _ •'(illiam H/'erke, Chair
Weld County Clerk to the a ff
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LQ,C-
'� Iy .'. eile, P o-Tem BY: D :uty Cle to the Boar•
D 'd . L ng
AP ED AS TO
Rob rt D. Mas n
ounty Attorney
Adeg Vaact-
Date of signature: IZ -IVIC6
2005-3607
PL1812
fair MEMORANDUM
Wi` a TO: Board of County Commissioners December 1, 2005
COLORADO• FROM: Jacqueline Hatch
SUBJECT: SPR-387, DBM Construction LLC
The Department of Planning Services received an irrevocable standby letter of credit for the
Private Improvements Agreement for SPR-387 DBM Construction LLC.
The collateral for the Improvements Agreement is in the amount of two hundred and fifty three
thousand one hundred and eleven dollars ($253,111.00) for on-site improvements.
After review of the collateral by the Department of Public Works and the Department of Planning
Services, it has been determined that the amount of the agreement will be sufficient to complete
the on-site aspect required for SPR-387.
2005-3607
$VL %9/�
Forest Floor Page 1 of 1
Jacqueline Hatch
From: Peter Schei
Sent: Tuesday, November 22, 2005 4:49 PM
To: Jacqueline Hatch
Subject: SPR-387 GarageTown
Importance: High
Good Afternoon,Jacqueline:
I have reviewed the Improvements Agreement(Private) for SPR-387 GarageTown and find it
appropriate and acceptable.
Please proceed forward with this improvements Agreement for this case.
Happy Thanksgiving, Peter.
Peter SCHE!,P.E.,N.S.P.E.
Public Works Department
Weld County
11 1 l-H Street
Greeley.CO 80632
Schei iA co weld CO.us
"Making the County a better place to do business"
"Making the County a better place to live"
11/23/2005
33
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this 2, day of Daliv50311 ,203'3 by and
between the County of Weld, State of Colorado, acting through its Board of County Commissioners,
hereinafter called"County,"and Neighborhood,Inc.,through its consultant DBM Consulting,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 9 (formerly known as Lots 4, 5, 6 and 7), Block 2 of the Western Dairymen
Cooperative MUD.
All four(4)lots are addressed as:3656 Stagecoach Road North,Longmont,CO 80504
WHEREAS, a Site Plan Review(SPR-387)of said property,to be known as GarageTown—Del
Camino 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 Private Improvement Agreement guaranteeing the construction of the public and private
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
8 approval of said Site Plan,the parties hereto promise,covenant and agree as follows:
— d
MN=CIit 1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in
.,d connection with the design and construction of the Site Plan improvements listed on Exhibit
o- o "A,"which is attached hereto and incorporated herein by reference.
_U N
=,4. 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
N.s and criteria established by the County for public improvements.
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-=0 1.2 The required engineering services shall consist of, but not be limited to, surveys,
o designs,plans and profiles,estimates,construction supervision,and the submission
N of necessary documents to the County.
o ea 1.3 Applicant shall famish drawings and cost estimates for the improvements within the
o cc Subdivision or Planned Unit Development to the County for approval prior to the
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letting of any construction contract. Applicant shall furnish one set of reproducible
"as-built" drawings and a final statement of construction cost to the County.
2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements
herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights-of-
way and easements on all lands and facilities traversed by the proposed improvements.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Site Plan
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 reshictive 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 public improvement material and work
at Applicant's expense. Any material or work not conforming to the approved plans
and specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems, water, gas, electric and telephone
services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed,
according to the terms of this Agreement,within the construction schedule appearing
in Exhibit"B." The Board of County Commissioners, at its option, may grant an
extension of the time of completion shown on Exhibit"B"upon application by the
Applicant subject to the terms of Section 6 herein.
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4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits, actions or claims of
every nature and description caused by, arising from, or on account of said design and
construction of improvements,and pay any and all judgments rendered against the County on
account of any such suit,action or claim,together with all reasonable expenses and attorney
fees incurred by County in defending such suit,action or claim whether the liability,loss or
damage is caused by, or arises out of the negligence of the County or its officers, agents,
employees,or otherwise except for the liability,loss,or damage arising from the intentional
torts or the gross negligence of the County or its employees while acting within the scope of
their employment. All contractors and other employees engaged in construction of the
improvements shall maintain adequate worker's compensation insurance and public liability
insurance coverage,and shall operate in strict accordance with the laws and regulations of the
State of Colorado governing occupational safety and health.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the
in its absence,the owners of lots within the Subdivision or Planned Unit Development.
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 whieh
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
recommend that the Board of County Commissioners partially approve them. Not
sooner than nine months after partial approval, the County Engineer shall, upon
dew..:......:.... ...a: cati.._.R..._
the applicant(s)that any deficiencies have boon corrected. If the County Engineer
recommend full approval. Upon a receipt of a positive unqualified recommendation
from the County Engineer for approval of streets within the development,the Beard
of County Commissioners shall fully approve said streets as public but with private
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7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One-
Hundred percent (100%) of the value of the improvements as shown in this
Agreement. Prior to Final Plat approval,the applicant shall indicate which of the five
types of collateral preferred to be utilized to secure the improvements subject 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."
ma Improvements Guarantee: The five types of collateral listed below are acceptable to Weld
— o County subject to final approval by the Board of County Commissioners.
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o,a 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:
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`0 8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred
3 percent(100%)of the total value of the improvements as set forth in Section
6.0 and Exhibits"A"and"B."
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—o c 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County
o if the developer has not performed the obligations specified in the
NImprovements Agreement and the issuer has been notified of such default.
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A5 Rrvi ed 11/15/2005 Specifically For SPRJ87-GarageTown-Del Camino
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8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
8.1.4 The issuer of the Letter of Credit shall 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 in accordance with the terms
herein specified.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
Letter of Credit shall be either the date of release by Weld County of the
final fifteen percent(15%),or one year from the date of Final Plat approval,
whichever occurs first. Said letter shall stipulate that, in any event, the
Letter of Credit shall remain in full force and effect until after the Board has
received sixty(60)days written notice from the issuer of the Letter of Credit
of the pending expiration. Said notice shall be sent by certified mail to the
Clerk to the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property
acceptable to the Board of County Commissioners provided that the following are
submitted:
8.2.1 In the event property within the proposed development is used as collateral,
an appraisal is required of the property in the proposed development by a
disinterested Member of the American Institute of Real Estate Appraisers
(M.A.I.)indicating that the value of the property encumbered in its current
Nom 9 degree of development is sufficient to cover One-Hundred percent(100%)of
— d the cost of the improvements as set forth in the Improvements Agreement
x plus all costs of sale of the property.
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6aa 8.2.2 In the event property other than the property to be developed has been
o o accepted as collateral by Weld County,then an appraisal is required of the
n property by a Member of the Institute of Real Estate Appraisers (M.A.I.)
E d indicating that the value of the property encumbered in its current state of
a, development is sufficient to cover One-Hundred percent(100%)of the cost
ti of the improvements as set forth in the Improvements Agreement plus all
o costs of sale of the property.
oo
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o c 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid
N o encumbrance which is senior to all other liens and encumbrances.
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` Revised 11/15/2005 Specifically For SPR-387—GarageTowa—Del Camino
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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(COOT)Materials
Manual for all public improvements.
9.3 "As built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project "as-built" is in
substantial compliance with the plans and specifications as approved, or that any
material deviations have received prior approval from the County Engineer.
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9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by a
letter of acceptance of maintenance and responsibility by the appropriate utility
company,special district or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall indicate
if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in 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 project improvements by the County, the
applicant(s) may request release of the collateral for the project or portion of the
project by the Board. This action will be taken at a regularly scheduled public
meeting of the Board.
9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"in
the amount of fifteen percent(15%)of the value of the improvements as shown in
this Agreement excluding improvements fully accepted for maintenance by the
responsible governmental entity,special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon final approval by the
Board of County Commissioners.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a
rezoning, Subdivision or Planned Unit Development,requires the dedication,development
and/or reservation of areas or sites other than Subdivision or Planned Unit Development
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
the County or school district.
s
10.2 The required acreage as determined according to Chapter 21 of the Weld County
s cc
c,a Code, may be reserved through deed restrictions as open area,the maintenance of
i o which shall bo a specific obligation in the dood of each lot within the Subdivision or
o=v Planned Unit Development.
Wim o
SE a `0 10.3 In lieu of land,the County may require a payment to the County in an amount equal
gam-
3 g to the market value at the time of Final Plat submission of the required acreage as
—N determined according to Chapter 21 of the Weld County Code. Such value shall be
Eas—a w determined by a competent land appraiser chosen jointly by the Board and the
o$ Applicant. The cash collected shall be deposited in an escrow account to be
o expended for parks at a later date.
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` Revised 11/15/2005 Specifically For SPR-387—GarageTowo—Del Camino
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11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal
representatives,successors and assigns of the Applicant,and n recording by the County,
shall be deemed a covenant running with the land herein desc and shall be binding upon
the successors in ownership of said land.
IN WITNESS WHEREOF,the parties hereto have cause this gre m nt to be executed on the day
and year first above written.
APPLICANT:
APPLICANT: 1
11I_LE: D EA o^' a 4 ti--
i F
Subscribed and sworn to before me this ay f OILS'
My Commission expires: Cri" ""
BILLIE J. MOORS
NOTARY PUBLIC
STATE OF COLORADO
J�ATTEST: Ltail /VG I ".1 %f BOARD OF COUNTY COMMISSIONERS
,'\ �ef LD COUNTY, COLORADO
,
Weld County Clerk to the Board ,
in 1
1( ^w lam H. Jerke ,Char
BY: /A+,
Au Y�11t 'j' s !
De ty ClerNho the Board � '�I DEC 12 2005
APPROVED AS TO FORM:
ounty Attorney
AMEN 111111111111 IIII 111111 III 11111 IIII IIII
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EXHIBIT"A"
Name of Site Plan Review: SPR-387—GarageTown—Del Camino
Filing:
Location:
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Site Plan
and Private Development project the following improvements. (Leave spaces blank where they do not apply)
Unit Estimated
Improvements Ouantity Units Costs Construction Cost
Parking Area lading 4581 CY $2.5 $11,452
Street grading
Parking Area base 7195 SY $2.65 $19,065
Parking Area paving 7195 SY $9.45 $67,989
Curbs,gutters,and culverts 975 LF $8.50 $8,288
Sidewalk 2500 SF $2.82 $7,050
Storm sewer facilities 1 LS $20,226
Retention ponds
Ditch Improvements
Subsurface drainage 640 LF $85 $54,400
Sanitary sewers 1 LS $4,633
d-lines
Mains
Laterals(house connected) I LS $23,268
On site sewage facilities
On site water supply and storage
Water Mains(includes bore)
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street Names
Fencing requirements 64 LF $35 $2,240
Landscaping—SEE DETAILED BID 31,818 SF $0.53 $17,000
d Park improvements
E
Craca lined-swale
cc
c,n Telephone LS
�_t7Y Gas
•g-41 Electric(Site Lighting) 1 LS 2500 $2,500
c Water-transfer
o ! SUB-TOTAL:
— y Engineering and Supervision Costs$ 15,000
w
Ne oo (Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual
(= construction by contractors)
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o TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 253,111.00
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Revised 11/15/2005 Specifically For 3PR.i87-GarageTown-Del Camino
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FROM :1RDG FAX NO. :3038415893 Nov. 15 2005 05:13PM P1
Aak
/Hoff's
IIIIIIILandscape
Contractors
November 15, 2005
DBM Consulting
10390 Bradford Rd.
Suite 210
Littleton, CO 80127 •
301973.1255
303.973.3754 fax
Attn. Glen McWilliams
RE: Georgetown Del Camino Budget Pricing
Hoff's Landscape Contractors will furnish all materials and labor necessary to complete
landscape irrigation as discussed with Glen McWilliams on 11/15/05. Proposal to include the
following:
• Approximately 32,000 sq. ft.native seeding and hydromulch 54,812.00 •
• 17-quantity 2.5"caliper large deciduous trees 56,035.00
• 7-quantity 1.5"to 2"caliper ornamental trees S2,275.00
• 7-quantity 6 foot evergreen trees S2,310.00
• 6-quantity five gallon evergreen shrubs S 228.00
• Low volume irrigation system to all plant material $1.340.00
Total 517,000.00
Exclusions:
• Water tap
• Electrical connection
• Irrigation to native—temporary or permanent
• Organics in native seeded areas
I
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t 0.6561
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4894'
Post Office Box 4080 • Parker,Colorado 80134
• (303)841-9542 • Fax(303)841-5993 • www.hofts.com •
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 impr vem is all be completed according to the construction schedule set out in Exhibit"B."
By:
A e,��
A plicant
DBR Cn v1-\--q VGA r
Date: t Z I Z ,200
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
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Revised 11/15/2005 Specifically For SPR-387—GarageTown—Del Camino
EXHIBIT"B"
Name of Site Plan Review : SPR-387—GaraeeTown—Del Camino
Filing:
Location:
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision
or Planned Unit Development the following improvements.
All improvements shall be completed within one_ years from the date of approval of the fmal 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
Parking Area grading 150 Days from Bldg Permit—or approx.April 15,2006
Parking Area base 180 Days from Bldg Permit—or approx.May 15,2006
Parking Area paving 180 Days from Bldg Permit—or approx. May 15.2006
Curbs,gutters,and culverts 180 Days from Bldg Permit—or approx. May 15, 2006
Sidewalk 180 Days from Bldg Permit—or approx. May 15,2006
Storm sewer facilities 180 Days from Bldg Permit—or approx. May 15,2006
Retention ponds
Ditch improvements
Subsurface drainage 180 Days from Bldg Permit—or approx. May 15,2006
Sanitary sewers 150 Days from Bldg Permit—or approx. April 15,2006
Mains
Laterals(house connected) 150 Days from Bldg Permit—or approx.April 15,2006
On site sewage faeilities
On site water supply and storage
Water-MainS
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street name signs
Fencing requirements 180 Days from Bldg Permit—or approx. May 15,2006
Landscaping 180 Days from Bldg Permit—or approx. May 15.2006
Park improvements
Read-eelvert
Crass-lined-swele
Telephone 180 Days from Bldg Permit—or approx. May 15,2006
Gas
Electric 180 Days from Bldg Permit—or approx. May 15,2006
Water Transfer
SUB-TOTAL:
AIM IIIII 11111 111111 1111111111 11111111 111111111 IIII
3353362 01/09/2006 02:42P Weld County, CO
12 of 13 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
11
Revised 11/15/2005 Specifically For SPR-387—GarageTown—Del Camino
The County,at its option,and upon the request of the Applicant,may grant an extension of time for
completion for any particular improvements shown above, upon a showing by the Applicant that the above
schedule cannot be met.
By:
Api 'c. it
A.p`cant �' 1
JJ,, Pcvt
T 1 ,t �,Eatsj UDate: r Zj L ,20 °C.
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
1111111 11111 11111 111111111111111 Elf I I 1111111 I I 11111
3353362 01/09/2006 02:42P Weld County, CO
13 of 13 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
12
Revised 11/15/2005 Specifically For SPR-387—GarageTown—Del Camino
MIMI S.STROM >.
Documentation Specialist/Letters of Credit ��
Cash Management/International Banking WashincgtonTrust Bank " (599)353-4177 Direct IT%
(509)353-0370 Tall Free(509)353-3905 Fax
PO.Box 2127
IRREVOCABLE STANDBY LETTER OF CREDIT NO. 22724 Spokane,WA 99210-2127
mstromawatrust.com
DATE: NOVEMBER 30,2005 www.watrust.com
AMOUNT: $253,111.00
)Washirtgtonitust Bank MI
Board of County Commissioners 'Ay
Attn: Clerk to the Board :)� V
P.O. Box 758 I' d
ilik
Greeley, CO 80632 21 p^
Gentlemen:
We hereby establish our Irrevocable Standby Letter of Credit No. 22724 in your favor on the account of
NEIGHBORHOOD, INC., 3201 N. Huetter Rd., Coeur d'Alene, ID 83814-9300, for a sum not to exceed
the aggregate of TWO HUNDRED FIFTY THREE THOUSAND ONE HUNDRED ELEVEN AND
NO/100 Dollars($253,111.00)U.S. currency.
Each draft so drawn must be marked "Drawn under WASHINGTON TRUST BANK Letter of Credit No.
22724 and be accompanied by: (a) the original letter of credit; (b) a signed statement from the Board of
County Commissioners of Weld County, Colorado stating that "Neighborhood, Inc. has committed a
material breach of the of the Improvements Agreement According to Policy Regarding collateral for
Improvements regarding Garage Town Del Camino dated the day of , 20 , by and between
Neighborhood,Inc. and the Board of County Commissioners of the County of Weld."
This credit is subject to and will be governed by the Uniform Customs & Practice for Documentary Credits
(1993 Revision)International Chamber of Commerce Publication No. 500.
We hereby agree with you that all of drafts drawn under and in compliance with the terms of this credit will
be duly honored upon presentation for payment and delivery of documents, as specified above, to
Washington Trust Bank, International Department, 717 W. Sprague Ave., Spokane, Washington 99201.
This letter of credit will expire on NOVEMBER 30,2006,or any extended date, at 5:00 P.M. PST.
This letter of credit is automatically extended without amendment, for additional one year periods from the
current expiration date or any future expiration date unless sixty(60)days prior to such expiration date, that
we elect not to renew this Letter of Credit. All written notification shall be sent via Certified Mail.
Should you receive such notification you may draw upon presentation of the following: (a) a draft at sight
on WASHINGTON TRUST BANK; (b) a statement purportedly signed by an official of the Board of
County Commissioners of Weld County, Colorado, stating that"a notice of non-renewal has been received
and Neighborhood, Inc. has failed to provide proof of adequate collateral and substitution of this Letter of
Credit No. 22724; (c) copy of non renewal notice from WASHINGTON TRUST BANK (d) original letter
of credit.
Sincerely,
R /0/6rriv-j
Renne R.Ditton
Assistant Vice President
International Banking Department
Washington Trust Financial Center P.O.Box 2127,Spokane,Washington 99210-2127 (509)353-4177 Fax(509)353-3905
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