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Home My WebLink About20053548.tiff RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERALFOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR SITE PLAN REVIEW #390 - WYNJA VISTA, LLLP, CIO JERRY MILLER WITH J. W. MILLER ARCHITECTS, INC. 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 September29,2005,the Department of Planning Services staff approved Site Plan Review#390, for Wynja Vista, LLLP, c/o Jerry Miller with J. W. Miller Architects, Inc., 203 South Main Street,Suite D, Longmont, Colorado 80501,for an Office Building,to be known as Wynja Building #3 on the following described real estate, to-wit: Lot 7, Block 2,Vista Commercial Center PUD, being located in part of Section 8, Township 2 North, Range 68 West of 6th P.M., Weld County, Colorado WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements(Private Road Maintenance)between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Wynja Vista, LLLP, c/o Jerry Miller with J. W. Miller Architects, Inc., with terms and conditions being as stated in said agreement, and WHEREAS,the Board has been presented with Irrevocable Letter of Credit#02-0028Afrom Horizon Banks, N. A., 601 South Main Street, Longmont, Colorado 80501, in the amount of $110,811.00, 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 AgreementAccording 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 Wynja Vista, LLLP, do Jerry Miller with J. W. Miller Architects, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED that Irrevocable Letter of Credit 02-0028A from Horizon Banks, N.A.,601 South Main Street, Longmont,Colorado 80501,in the amount of$110,811.00, be and hereby is, accepted. 2005-3548 CO f ,t)a {-Pa_ rp3_c ,--) PL1809 Or-1/-eG2 IMPROVEMENTS AGREEMENT- WYNJA VISTA, LLLP, CIO JERRY MILLER WITH J. W. MILLER ARCHITECTS, INC. PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 5th day of December, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: I�� ; !/ , f / (tze llisiam H. rke, Chair Weld County Clerk to the ar IA'BY: n) 1G1( E. ( t/ puty erk to the Etcard 3. E,CH, Dav E. Long AP D AS T 9). -�\\° Rob D7n , %o;neym ip enn Vaad Date of signature: 1 145 2005-3548 PL1809 Is MEMORANDUM Woe. TO: Board of County Commissioners November 18, 2005 COLORADO FROM: Jacqueline Hatch SUBJECT: SPR-390, Wynja Vista LLLP The Department of Planning Services received an Irrevocable Standby Letter of Credit for the Private Improvements Agreement for SPR-390 (Wynja Vista LLLP). The collateral for the Improvements Agreement is in the amount of one hundred ten thousand and eight hundred and eleven dollars ($110,811.00) for the improvements on-site. After review of the collateral by the Weld County Attorney, the Department of Public Works and the Department of Planning Services, it has been determined that the amount of the agreement will be sufficient to complete the improvements required for SPR-390. 2005-3548 P1 igoq Forest Floor Page 1 of 1 Jacqueline Hatch From: Peter Schei Sent: Monday, November 07, 2005 12:56 PM To: Jacqueline Hatch Cc: Robert Jacobs Subject: SPR-390 Wynja Vista LLLP Importance: High Good Afternoon, Jacqueline: The applicant (Wynja Vista LLLP)has submitted Improvements Agreement ...(Public Road Maintenance) dated 06-Sep-2005, to our Dept. While all the improvements will be on-site(their Lot) and Public Works will not be accepting maintenance of said improvements ... generally it looks fine and acceptable to complete their requirements. We find no concerns. Let this be Public Works sign-off on the submitted improvements agreement. The case may proceed forward with no restrictions by our Dept. Have a good day, Peter. Peter SCHE/,P.E.,N.S.P.E. Public Works Department Weld County lilt-H Street • Greeley.CO 80632 pschei(dco.weld.co.us "Making the County a better place to do business" "Making the County a better place to live" 11/07/2005 744 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT, made and entered into this brit day of c...},PreLtrW__, 2001, by and between the County of W eld�,yyStatAAe ofColorad o,acting through its Board of County Commissioners,hereinafter called"County," and�y�C A IJS7�d 1--WP hereinafter called"Applicant." WITNESSETH: WHEREAS,Applicant is the owner of,or has a controlling interest in the following described property in the County of Weld, Colorado: l.o-ri , PleCr 2 VISTA (moo /AL rR 17� FONJ WHEREAS, a Final S.1.51,,;sito/Plwoo..1 U.:,Uw.lupurcn, (PUD$ plat of said property, to be known as l(�d/k_ (iatk kk . ___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 ofthe public improve ments 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 ofColorado,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 o r 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 is own expense, good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit 11111 1111 11111 EMI IIII 111111111111 III 11111 IIII IIII 3352744 01/05/2006 04:03P Weld County, CO 1 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 strictconformanceto 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 ofall suits,actions or claims of every nature and description caused by,arising from,or on account of said design and construction of improv ements,and pay any and all judgments rendered againstthe County on accountof any such suit,actio n or claim,together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss,or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. (THERE IS NO SECTION 5) 6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant,streets within a Subdivision or Planned Unit Development may be approved by the County as public roads and will be maintained and repaired by a Homeowners Association or, in its absence, the owners of lots within the Subdivision or Planned Unit Development. 6.1 If desired by the County,portions of street improvements may be p laced 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. 1 111111 11111 11111 nip III 111111111111 III 111111111 III! 2 3352744 01/05/2006 04:03P Weld County, CO 2 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 o f work on the Subdivision or Planned Unit Development improvem ents 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 theconstruction 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 thatthe Board ofCounty 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 o r she shall recommend full approval. Upon a receipt ofa positive unqualified recommendation from the County Engineer for approval of streets withinthedevelopment, 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 acceptab le 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 Platapproval 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 o f 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 co(lateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B." 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld C ounty. The Letter of Credit shall state at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred percent(100%)of the total value of the improvements as set forth in Section 6.0 and Exhibits "A" and "B." 8.1.2 The Letter of Credit shallprovide for paymentupon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer 1111111111111111IIIIII ill 111111111111 III 11111 (III (III 3 3352744 01/05/2006 04:0312 Weld County, CO 3 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 ofthe 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 perc ent (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 Creditshall 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 propo sed 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.L) indicating that the value of the property encumbered in its current degree of development is sufficient to cover One-Hundred percent(100%)o f 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.L) 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 Impro vements Agreement p lus 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 encumb rances. 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. 1111111111 11111 111111 IIII 111111111111 III 11111 IIII IIII 4 3352744 01/05/2006 04:03P Weld County, CO 4 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 registeredin Colorado that the project ora portion of the project hasbeen completed in substantialcompliance 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(CD OT) 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 ifthe 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 submittalof 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 projector 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 theresponsible governmental entity,special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final approval by the B oard of C ounty Commissioners. 10.0 Public Sites and Open Spaces: When the Board ofCounty 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 utilityeasements 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 AEI 11111 11111 111111 IIII 111111111111111 11111 IIII IIII 5 3352744 01/05/2006 04:03P Weld County, CO 5 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 ofthe required acreage as determined according to Chapter 24 of the We Id 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. I 1111 111 11111 III'll IIII 111111111111 III 11111 IIII IIII 3352744 01/05/2006 04:03P Weld County, CO 6 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 6 • IN WITNESS WHEREOF,the parties hereto have caused this Agreementto be executed on the day and year first above written. APPLICANT:-- - ___ i APPLICANT: � TITLE: L�ZEn �F9 Subscribed and sworn to before me this Sf('-gayoft..0 , 20p1r. ii \ jj My Commission expires: � `�- / -) !� -� -1 L' � � JODI W. CARI,-5Z{N Not, y Public I__l__ 0! NOTARY PUg�C STATE OF COLORADO My Commission Expires 6.11.2007 ATTEST: gileazi /, /}�7 ,"•OARD OF COUNTY COMMISSIONERS is' ' , <0 N.LD COUNTY, COLORADO I % �N Weld County Clerk to the Board r .361tmosl V �1 iam H. Jerke ,Chair J 37/�S- BY.__ bu' I lit t(tc h e), ``'��y TN,q. . el fp puty C(jrk to the Board VI APPROVED AS TO FORM: Coiciity Attorney gill IIIII IIIII111111IIII IIIII Milli ill IIIII III! Ill!3352744 01/05/2006 04:03P Weld County CO 7 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT "A" Name of Subdivision I ' or Planned Unit Development '-CJri_ 7 + f. „-Qe _2 Filing: _____raja n Location: __ _ e_—na .C!( 'd/A L Cerra 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 / 2o0 — Street grading Street base Street paving Curbs,gutters, and culverts pA J pJ4 1 of ppfew 1 2. 30 I. Sidewalk Storm sewer facilities Retention ponds Ditch Improvements Subsurface drainage Sanitary sewers c/5. Trunk and forced lines Mains Laterals (house connected) 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 Landscaping Park imp rovemen is 23, IDD. Road culvert "MO- Grass lined swale Telephone Gas Electric Water transfer SUB-TOTAL: �/� Engineering and Supervision Costs$ A/ot0.'� (Testing,inspection,as-built plans and work in additionto preliminary and final plat;supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 1101 11• —� . The above improvements shall be constructed in accordance with all County requirements and specifications, and 8 1111111 11111 11111 EMI 1111 lit 1111111 III 11111 IIII 3352744 01/05/2006 04:03P Weld County, CO 8 of 11 R 0.00 0 0.00 Steve Moreno Clerk & Recorder conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said improve nts shall �pleted ccordiryg to the construction schedule set out in Exhibit��B „By: jsApp scant l A scant letedIcee/C(J.:84 Date:Title T (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 1 VIII 1111111111111111IIII111111111111 �� 11111 �� 3352744 01/05/2006 04:03P Weld County, CO 9 of 11 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 9 EXHIBIT "B" Name of Subdivision or Planned Unit Development____ t_7T_Strocit_2_ Filing: � )_ Location: �/ IIlk_rz IEWAL _Cirraeit 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 year/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 nafrr Street base Street paving ,Curbs,gutters, and culverts pl:RYIAY. Lea/ PAvr vc 4 Mosr(els Nqr{ f]e ur7 Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage — Sanitary sewers 2 Mtxtraic par', ramir Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply and sttrage -Water mains '/ Mpnrtblf FAN Purr Fire hydrants Survey and street monuments and boxes Street lighting Street name signs Fencing requirements -Landscaping IG MQ,(>tyr J' ri rai Mel Park improvements nn,,- -Road culvert '( AI1batli rAn r&^rf Grass lined swale Telephone Gas Electric Water Transfer SUB-TOTAL: 111111111111 VIII 111111 IIll 11111 1111111 III 111111 III 1111 3352744 01/05/2006 04:03P Weld County, CO 10 of 11 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 10 The County,at its option, and upon the request of the Applicant,may grant an extension of time for completion for any particular improvements shown above,upon a showing by the Applicant that the above schedule cannot be met. BY:a/ �L pplicant pplicant Date: _ Title (If corporation,to be signed by President and attested to by S ecretary,together with corporate seal.) 1 11111 11111 MII111111IIII111111111111III111111III IIII 3352744 01/05/2006 04:03P Weld County, CO 11 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Horizon Banks... IRREVOCABLE LETTER OF "LENDER" CREDIT HORIZON BANKS,N.A. 601 SOUTH MAIN STREET LONGMONT,CO 80501 NO. 02-0028A J �, 303-485-5444 /o BENEFICIARY: CUSTOMER: U) Board of County Commissioners Wynja Vista,LLLP A Colorado Limited Liability County of Weld Limited Partnership ADDRESS&TELEPHONE NO: ADDRESS&TELEPHONE NO: P.O.Box 758 1531 Skyway Drive,Suite A Greeley,CO 80632 Erie,CO 80516 970-356-4000 303-772-2123 IDENTIFICATION NO: IDENTIFICATION NO: 84-1452600 EXPIRIATION DATE This Letter of Credit shall expire upon the earlier of: I. the close of business on October 27,2006 and all drafts and accompanying statements or documents must be presented to Lender on or before that time;or 2. the day that Lender honors a draw under which the full amount of this Letter of Credit has been drawn. Lender hereby establishes at the request and for the account of Customer,an Irrevocable Letter of Credit in favor of Beneficiary for a sum of One Hundred Ten Thousand Eight Hundred Eleven and 00/100 Dollars($110,811.00). These funds shall be made available to Beneficiary upon Lender's receipt from Beneficiary of sight drafts drawn on Lender at Lender's address indicated above(or such other address that Lender may provide Beneficiary in writing)during regular business hours and accompanied by the signed written statements or documents indicated below. WARNING TO BENEFICIARY: PLEASE EXAMINE THIS LETTER OF CREDIT AT ONCE. IF YOU FEEL UNABLE TO MEET ANY OF ITS REQUIREMENTS, EITHER SINGLY OR TOGETHER, YOU SHOULD CONTACT THE CUSTOMER IMMEDIATELY TO SEE IF THE LETTER OF CREDIT CAN BE AMENDED. OTHERWISE YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN. 1. DRAFT TERMS AND CONDITIONS Lender shall honor drafts submitted by Beneficiary under the following terms and conditions: Your drafts must specify the amount to be drawn, which may be any amount up to and including the aggregate amount specified above, and must be accompanied by your signed statement that the Applicant/Customer has failed to complete the required improvements in accordance with the Agreement between you and the Applicant/Customer Wvnia Vista,LLLP a Colorado Limited Liability Limited Partnership. All drafts drawn under this credit are to be endorsed hereon and shall bear the clause"Drawn under Irrevocable Letter of Credit#02-0028,Horizon Banks,N.A." 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. The date of proposed expiration of the Letter o Credit shall be either the date of release by Weld County of the final fifteen percent(I5%),or one year from the date of Final Plat approval,whichever occurs first. Said letter shall stipulated 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. Upon Lender's honor of such drafts,Lender shall be fully discharged of its obligations under this Letter of Credit and shall not be obligated to make any further payments under this Letter of Credit once the full amount of credit available under this Letter of Credit has been drawn. If a non-conforming demand in made, Lender shall notify Beneficiary of its dishonor on or before the time specified in Paragraph 5 below. Beneficiary shall have no recourse against Lender for any amount paid under this Letter of Credit once Lender has honored any draft or other document which complies strictly with this Letter of Credit,and which on its face appears otherwise in order but which is signed,issued, or presented by a party or under the name of a party purporting to act for Beneficiary,purporting to claim through Beneficiary,or posing as Beneficiary without Beneficiary's authorization. By paying an amount demanded in accordance with this Letter of Credit, Lender makes no representation as to the correctness of the amount demanded and Lender shall not be liable to Beneficiary,or any other person,for any amount paid or disbursed for any reason whatsoever,including,without limitation,any non-application or misapplication by Beneficiary of the proceeds of such payment. By presenting upon Lender or a confirming bank,Beneficiary certifies that Beneficiary has not and will not present upon the other,unless and until Beneficiary meets with dishonor. Beneficiary promises to return to Lender any funds received by Beneficiary in excess of the Letter of Credit's maximum drawing amount. 2. USE RESTRICTIONS All drafts must be marked "DRAWN UNDER WYNJA VISTA, LLLP, A COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP IRREVOCABLE LETTER OF CREDIT NO.02-0028", and the amount of each draft shall be marked on the draft. Only Beneficiary or Beneficiary's Transferee(if this Letter of Credit is transferable)may complete a draft and accompanying statements or documents required by this Letter of Credit and make a draw under this Letter of Credit. This original Letter of Credit must accompany any draft drawn hereunder. Partial draws XX are permitted are not permitted under this Letter of Credit. Lender's honor of a partial draw shall correspondingly reduce the amount of credit available under this Letter of Credit. Following a partial draw,Lender shall return this original Letter of Credit to Beneficiary with the partial draw noted hereon;in the alternative,and in its sole discretion,Lender may issue a substitute Letter of Credit to Beneficiary in the amount shown above,less any partial draw(s). 3. PERMITTED TRANSFEREES If checked,this Letter of Credit may be transferred by Beneficiary upon prior written notice to Lender of the transfer. The Transferee shall be deemed the new Beneficiary of this Letter of Credit and the documents of the Transferee,including drafts Required under this Letter of Credit,will be processed by Lender(or any intermediary)without the original Beneficiary's intervention and without any further obligation of Lender to the original Beneficiary. _X_If checked,the right to draw under this Letter of Credit shall be nontransferable,except for: A. A transfer(in its entirety,but not in part)by direct operation of law to the original Beneficiary's administrator,executor, bankruptcy trustee,receiver,liquidator,successor,or other representative at law;and B. The first immediate transfer(in its entirety,but not in part)by such legal representative to a third party after express approval of a governmental body(judicial,administrative,or executive). 4. TRANSFEREE'S REQUIRED DOCUMENTS When the presenter is a permitted Transferee under paragraph 3 above,the documents required for a draw shall include: A. All documents required elsewhere in this Letter of Credit,except that such documents may be in the name of and executed by either the original Beneficiary or the presenter permitted by paragraph 3;and B. When the presenter is a permitted Transferee under paragraph 3.A.or a third party under paragraph 3.B.,a certified copy of the one or more documents which show the presenter's authority to claim through or to act with authority for the original Beneficiary. 5. TIMING OF DISHONOR Lender may rely upon any reason for dishonor which it communicates to Beneficiary or the presenter within three(3)Banking Days after Lender has received the last document forming Beneficiary's presentment(the"Three-Day Period"). Lender shall be entitled to rely upon such reason without regard to either(i)the timing of any presentment made before the Expiration Date,or(ii)the timing inside the Three-Day Period of any preliminary communication(s)from Lender concerning the dishonor decision or any reason for dishonor. For any reason for dishonor given during the Three-Day Period,Lender shall be conclusively deemed to have net the "reasonable time","without delay",and other timing requirements as the Uniform Customs and Practice for Documentary Credits, 1993 Revision,ICC Publication No 500,as most recently published by the International Chamber of Commerce(the"UCP")may impose. The Expiration Date shall not be extended to accommodate a presentment made less than three(3)Banking Days before the Expiration Date,and Beneficiary shall not be entitled to submit a draw request or provide Lender with any documents in support of a Draw after the Expiration Date. Lender shall not be required to communicate a dishonor decision or its reasons within a time less than the Three-Day Period. "Banking Day"means any day,except Saturday,on which commercial banks located in Colorado are open. 6. COMPLIANCE BURDEN Lender is not responsible for any impossibility or other difficulty in achieving strict compliance with the requirements of this Letter of Credit precisely as written. Beneficiary understands and acknowledges:(i)that unless and until the present wording of this Letter of Credit is amended with Lender's prior written consent,the burden of complying strictly with such wording remains solely upon Beneficiary;and(ii)that Lender is relying upon the lack of such amendment as constituting Beneficiary's initial and continued approval of such wording. 7. NON-SEVERABILITY If any aspect of this Letter of Credit is ever declared unenforceable for any reason by any court or governmental body having Jurisdiction,Lender's entire engagement under this Letter of Credit shall be deemed null and void ab initio,and both Lender and Beneficiary shall be restored to the position each would have occupied with all rights available as though this Letter of Credit had never occurred. This non-severability provision shall override all other provisions in this Letter of Credit,no matter where such provision appears within this Letter of Credit. S. CHOICE OF LAW/JURISDICTION This Letter of Credit is subject to the UCP. This Letter of Credit shall be governed by and construed in accordance with the laws of State of Colorado,United States of America,except to the extent such laws are inconsistent with the UCP. Lender and Beneficiary Consent to the jurisdiction and venue of any court selected by Lender in its discretion located in the State of Colorado in the event of Any legal proceeding under this Letter of Credit. 9. EXPIRATION Len.- hereby agrees with Beneficiary that drafts drawn under and in compliance with the terms of this Letter of Credit will be duly ho .re. if presented to the Lender on or before the Expiration Date. Dated: Nave.er 4,2005 LEN 'ER Do h,Vice President ENDORSEMENT OF DRAFTS DRAWN: Date Negotiated by Amount in Words Amount in Figures (*ui; PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 WIlD P. 0. BOX 758 GREELEY, COLORADO 80632 C. COLORADO July 10, 2009 HORIZON BANKS N.A. 601 SOUTH MAIN STREET LONGMONT, COLORADO 80501 RE: Letter of Credit#02-0028A for Wynja Vista, LLLP 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 14th day of November, 2005, Horizon Banks issued an Irrevocable Letter of Credit on behalf of Wynja Vista, LLLP, naming the Board of County Commissioners of Weld County, Colorado as beneficiary. The dollar amount of the Letter of Credit was established at One Hundred Ten Thousand Eight Hundred Eleven and 00/100 ($110,811.00). The terms of the Irrevocable Letter of Credit require that it be maintained by your institution until the 27th day of October, 2006, with auto renewal unless 60 days notice is provided. If you believe that the Irrevocable 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, or e-mail me at dbechler@co.weld.co.us. Very truly yours, LttieaditAir Donald D. Warden Clerk to the Board BY dttit/t- �r 1,_J Deputy Clerkto the Board pc Wynja Vista, LLLP CLERK TO THE BOARD ' • PHONE(970) 336-7215, Ext.4225 FAX: (970)352-0242 ill I ti P. O. BOX 758 O 'I GREELEY, COLORADO 80632 C, �� COLORADO July 10, 2009 Ai( k . innXzt,,,C:LJ .C4�' f it cy HORIZON BANKS N.A. CCiii..;2(‘(a 601 SOUTH MAIN STREET LONGMONT, COLORADO 80501 `'5/'c ? E✓Zi&-;) Ljit y: l%, C.'CL. RE: Letter of Credit#02-0028Ac,,€,, , { . err--ke, Ladies and Gentlemen: ` 3'-. 777 -7..47,7 7 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 14th day of November, 2005, Horizon Banks issued an Irrevocable Letter of Credit on behalf of Wynja Vista, LLLP, naming the Board of County Commissioners of Weld County, Colorado as beneficiary. The dollar amount of the Letter of Credit was established at One Hundred Ten Thousand Eight Hundred Eleven and 00/100 ($110,811.00). The terms of the Irrevocable Letter of Credit require that it be maintained by your institution until the 27th day of October, 2006,with auto renewal unless 60 days notice is provided. If you believe that the Irrevocable 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.,,.,, L.mm nnv,...e...:...,.. .,...,...,:-- ...;_ 1-H..---..,...--LI: -•---- ..-'--•L- . -4-- -'"-edit, or if you '0-356-4000, +V ) t• ay \J ^\ . CH r ti - J ___)r c : � �% = 35 pfd' a Kik �N O Inge J I , � 2, 2 COLORADO (11 oo boo:,`cc4doJuly 10, 2009 G •?atA to N C v u,O - „c HORIZON BANKS N.A. � 601 SOUTH MAIN STREET 4 LONGMONT, COLORADO 80501 _ _...i RE: Letter of Credit#02-0028A for W+ , •�� Ladies and Gentlemen: O C = O. to This letter shall act as a reminder of your J W N °O County under the above-referenced Let Q J a co As you are aware, on the 14th day of No' I Z Z - Credit on behalf of Wynja Vista, LLLP, n: d' - Colorado as beneficiary. The dollar amol Q W 2 2 Thousand Eight Hundred Eleven and 00, Z ' ca Z Z tD q The terms of the Irrevocable Letter of Cri y V N 0 1� day of October, 2006, with auto renewal a �} Irrevocable Letter of Credit expired prior required under the terms of the Letter of iP N I"- If you have any questions regarding this LO LO disagree with any of the statements cont kft re ext. 4227, or e-mail me at dbechler@co.1 0 0 Itl Very yntruly _�yours, / // a 440 03 Cs Donald D. Warden X A am C) Clerk to the Board 0 te o m J Ym d synth/is/A.6? ,de,,l/Z J 0 U� Deputy Clee Board V pc Wynja Vista, LLLP ..1F v� asS 1 Donna Bechler From: Jacqueline Hatch Sent: Wednesday, July 22, 2009 3:46 PM Donna Bechler Ibject: RE: Site Plan Review 390 Donna, I don't see anything in the file. Sorry. From: Donna Bechler Sent: Wednesday, July 22, 2009 12:16 PM /( 4(1, g >fte G ' To: Jacqueline Hatch Subject: Site Plan Review 390 //1 ,6L tat N S 1 . 1 • U.S. Postal Service,. 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