HomeMy WebLinkAbout20052929.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) AND
AGREEMENT FOR IMPROVEMENTS FOR WELD COUNTY ROAD 60.5, AUTHORIZE
CHAIR TO SIGN, AND ACCEPT TWO FORMS OF COLLATERAL FOR MINOR
SUBDIVISION FINAL PLAN, MF #1056 - FRANCISCO GRANADOS
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 17, 2005, the Board of County Commissioners approved a Minor
Subdivision Final Plan, MF #1056, for Francisco Granados, 5995 West 26th Street, Greeley,
Colorado 80634,for four(4)residential lots,aka Pheasant Meadow Subdivision, on the following
described real estate, to-wit:
Lot B of Recorded Exemption#2916; being part of the
W1/2 NW1/4 of Section 3,Township 5 North, Range
64 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 Francisco Granados,with terms and conditions being
as stated in said agreement,and Irrevocable Standby Letter of Credit#660 from Union Colony Bank,
P. O. Box 961, Greeley, Colorado 80632, in the amount of$123,130.00, and
WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with
an Agreement for Improvements for Weld County Road 60.5, between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, and Francisco
Granados,with terms and conditions being as stated in said agreement, and a letter of intent from
Union Colony Bank,stating it will act as escrow agent for the funds payable under said agreement,
in an amount not to exceed $7,245.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreements and
accept two forms of collateral, 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 Francisco Granados, be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado,that the Agreement for Improvements for Weld County Road 60.5 between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
and Francisco Granados, be, and hereby is, approved.
2005-2929
PL1757
KY': AZ , /779%._ , fir" cc 1) /O -3e--of
IMPROVEMENTS AGREEMENT - FRANCISCO GRANADOS
PAGE 2
BE IT FURTHER RESOLVED that two forms of collateral, being Irrevocable Standby Letter
of Credit#660 from Union Colony Bank, P. O. Box 961, Greeley, Colorado 80632, in the amount
of$123,130.00, and the letter of intent from Union Colony Bank, stating it will act as escrow agent
for the funds payable under said agreement,said funds not to exceed$7,245.00, be,and hereby is,
accepted.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 5th day of October, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
/ WELD COUNTY, COLORADO
ATTEST: Eiji
illiam H. J- e, Chair
Weld County Clerk to the - PIP!
®l • M . - eile, Pro-Tem
BY: . - ' COI
D .uty Cle to the Boa A,
D 'd Lon
$ o:y
AS TO F
Robe D. Masd
Glenn Vaa�
Date of signature: ichq/06
2005-2929
PL1757
Weld County Planning Department
GREELEY OFFICE
a AIKStJUL S 2005
MEMORANDUM RECEIVED
TO: Sheri Lockman,Planning Depa ent DATE: 07-July-2005
FROM: Peter Schei,P.E., Publ' epartment
COLORADO SUBJECT: MF-1056 Pheasant Me dow Minor Subdivision(Final Plat) -sign off
Weld County Public Works Department has reviewed final plan materials and has the following development referral
comments.
Comments
❑ The Pheasant Meadows Subdivision - Final Drainage Report, dated June 2005, sealed by R. Clayton Harrison, P.E.
(Colorado P.E. #35620)with Pickett Engineering, Inc. is acceptable to Public Works.
u The on-site Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road
Maintenance), is acceptable to Public Works.
o This agreement shall be approved by the Board of County Commissioners (BOCC) prior to recording the
final plat.
u The applicant has submitted three (3) additional sets of final roadway, drainage, utility / construction plan drawings
(stamped, signed, and dated)to Public Works, which are acceptable.
Recommendation
u The Public Works Department effectively `signs-off on this development with no recognized issues.
The Planning Department may proceed with this case,with no restrictions by Public Works.'
• PC: MF-1056 Pheasant Meadow Minor Subdivision(Final Plat)-sign off
Email&Original: Planner: Lockman
PC by Post: Applicant: Pickett Engineering, Inc.
PC by Post: Engineer:Pickett Engineering, Inc.
Page 1 of 1
2005-2929
Att' MEMORANDUM
Wupe. TO: Board of County Commissioners
COLORADO DATE: September 7, 2005
V
FROM: Sheri Lockman, Planner II
SUBJECT: Acceptance of Improvements Agreement According to
Policy Regarding Collateral for Improvements (Private Road
Maintenance) and Agreement for Improvements for WCR
60.5
MF-1056, Pheasant Meadows
Francisco Granados, applicant
The Departments of Planning Services and Public Works have reviewed the Improvements
Agreements for Pheasant Meadows Minor Subdivision.
Items covered under the Improvements Agreement According to Policy Regarding Collateral for
Improvements (Private Road Maintenance) include:
Street grading $ 17,000.00
Street base $ 28,520.00
On-site water supply and storage $ 3,500.00
Water mains $ 16,200.00
Fire hydrants $ 3,250.00
Street name signs $ 260.00
Fencing $ 8,000.00
Landscaping $ 4,000.00
Telephone $ 2,400.00
Electric $ 8,600.00
Gas $ 2,400.00
Water transfer $ 4,000.00
Engineering and supervision $ 25,000.00
Total Estimated Cost of Improvements and Supervision $123,130.00
The applicant has submitted an irrevocable letter of credit to cover the total estimated cost of
improvements and supervision.
The Agreement for Improvements for WCR 60.5 includes collateral in the form of an escrow
agreement which escrows $1,811.25 at the sale of each lot.
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 Pheasant
Meadows. The Department of Planning Services recommends acceptance of the Improvements
Agreement According to Policy Regarding Collateral for Improvements (Private Road
Maintenance) along with the associated Irrevocable letter of credit and the Agreement for
Improvements for WCR 60.5
?L/75-7
Weld County Planning Department
GREELEY OFFICE
JUN d ® az
‘tte avollt" MEMORANDUM RECEIVED
TO: Sheri Lockman,Planning Department DATE: 09-June-2005
W�
ik FROM: Peter Schei, P.E., Public Works Department
COLORADO SUBJECT: MF-1056 Pheasant Meadow Minor Subdivision(Final Plat)
•
Weld County Public Works Department has reviewed final plan materials and has the following development referral
comments.
Comments
❑ Public Works finds the Pheasant Meadow Subdivision —Construction Plans, sealed April 20, 2005, by Clayton
Harrison, P.E. (Colorado P.E. # 35620) with Pickett Engineering, Inc. acceptable.
❑ The Final Drainage Report — Pheasant Meadow Subdivision, dated April 6, 2005, by Pickett Engineering, Inc.
satisfies technical requirements for Public Works, but must be sealed by the engineer of record. The applicant shall
submit a sealed final drainage report to Public Works.
❑ The applicant has submitted an on-site `public' improvements agreement. The `public' improvements agreement is
not applicable for this development, because the internal subdivision roadway is proposed to be graveled and will not
be maintained by the County. A `private' improvements agreement must be submitted for this development.
o Public Works has reviewed the submitted Exhibit "A" for a total estimated cost of $123,130 and finds it
acceptable.
o The applicant shall submit to Public Works an on-site Improvements Agreement According to Policy
Regarding Collateral for Improvements (Private Road Maintenance), which has been filled out and
signed by the applicant.
o This agreement must be reviewed by Public Works and shall be approved by the Board of County
Commissioners (BOCC)prior to recording the final plat.
O The off-site Agreement for Improvements for WCR 60.5 is acceptable to Public Works. The developer agrees to pay a
fee of$1,811.25 per lot for paving, which amounts to $7,245 (4-lots).
o This agreement shall be approved by the Board of County Commissioners (BOCC) prior to recording the
final plat.
❑ 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 applicant or their agents may be required to obtain permits from Weld County's Public Works - Utility Agent,
Ted Eyl, for each utility.
Recommendation
o The above comments are prerequisites and shall be fulfilled prior to recording the final plat.
.ie uy'issues shall be resolved with Public'Worksprior,^to recordiugiofthefinalplat.
*PC:MF-1056 Pheasant Meadow Minor Subdivision(Final Plat)
Email&Onginal:Planner:Lockman
PC by Post: Applicant:Clayton Harrison w/Pickett Engineering,Inc.
PC by Post: Engineer:Same/Pickett Engineering)
------ Page 1 of 1
381
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this 22 day of June ,20 05 , by and
between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called
"County"and Francisco Granados 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:
A parcel of land located in the west half of the northwest
quarter of Section 3, Township 5 North, Range 64 West of the
6th P.M. , City of Greeley, Weld County, Colorado.
WHEREAS, a Final Subdivision or Planned Unit Development(PUD)plat of said property,to be known as
Pheasant Meadow Subdivision has been submitted to the County for approval,and
WHEREAS, relevant Weld County Ordinances provide that no Subdivision Final Plat, Planned Unit
Development Final Plat, or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision
Improvement Agreement guaranteeing the construction of the public improvements shown on plans,plats and supporting
documents of the Subdivision Final Plat, Planned Unit Development Final Plat, or Site Plan,which improvements, along
with a time schedule for completion, are listed in Exhibits"A" and"B"of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said
Final Plat,the parties hereto promise,covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in
connection with the design and construction of the Subdivision or Planned Unit Development
improvements listed on Exhibit"A,"which is attached hereto and incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional Engineer and Land
Surveyor registered in the State of Colorado, and shall conform to the standards and criteria
established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys, designs,
plans and profiles, estimates, construction supervision, and the submission of necessary
documents to the County.
1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or
Planned Unit Development to the County for approval prior to the letting of any construction
contract. Applicant shall furnish one set of reproducible "as-built" drawings and a final
statement of construction cost to the County.
2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements herein
agreed upon, Applicant shall acquire, at its own expense, good and sufficient rights-of-way and
easements on all lands and facilities traversed by the proposed improvements.
1111111 VIII VIII 1111111 III 11111 1111111 III 11111111111
3332361 10/18/2005 11:08A Weld County, CO Agreement-(On-Site)collateral-Private Road.doc Page I of I I
1 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
&ate- a9a9
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit
Development improvements listed on Exhibit"A,"which is attached hereto and incorporated herein by
reference, according to the construction schedule set out in Exhibit "B" which is also attached hereto
and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved by the
County and the specifications adopted by the County for such public improvements.
Wherever 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
be the County to perform all testing of materials or construction that is required by the
County;and shall furnish copies of test results to the County.
3.3 At all times during said construction,the County shall have the right to test and inspect, or to
require testing and inspection of material and work at Applicant's expense. Any material or
work not conforming to the approved plans and specifications shall be removed and replaced
to the satisfaction of the County at Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of
sanitary sewer or septic systems,water,gas,electric and telephone services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed, according
to the terms of this Agreement, within the construction schedule appearing in Exhibit "B."
The Board of County Commissioners, at its option, may grant an extension of the time of
completion shown on Exhibit "B" upon application by the Applicant subject to the terms of
Section 6 herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all
liability loss and damage County may suffer as a result of all suits, actions or claims of every nature
and description caused by, arising from, or on account of said design and construction of
improvements,and pay any and all judgments rendered against the County on account of any such suit,
action or claim, together with all reasonable expenses and attorney fees incurred by County in
defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of
the negligence of the County or its officers, agents, employees, or otherwise except for the liability,
loss, or damage arising from the intentional torts or the gross negligences 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 of Planned Unit Development.
AIM 11111 11111 Ellin VIII HE IM!itlll SIB
3332361 10/18/2005 11:08A Weld County, CO reement-(On-Site)collateral-Private Road.doc Page 2 of 11
2 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
6.1 If desired by the County, portions of street improvements may be placed in service when
completed according to the schedule shown on Exhibit"B," but such use and operation shall
not constitute an approval of said portions.
6.2 County may, at its option, issue building permits for construction on lots for which street
improvements detailed herein have been started but not completed as shown on Exhibit"B,"
and may continue to issue building permits so long as the progress of work on the Subdivision
or Planned Unit Development improvements in that phase of the development is satisfactory
to the County;and all terms of this Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit
Development and the filing of a Statement of Substantial Compliance, the applicant(s) may
request in writing that the County Engineer inspect its streets and recommend that the Board
of County Commissioners partially approve them. Not sooner than nine months after partial
approval,the County Engineer shall,upon request by the applicant, inspect the subject streets,
and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the
streets after notification from the applicant(s)that any deficiencies have been corrected. If the
County Engineer finds that the streets are constructed according to County standards, he or
she shall recommend full approval. Upon receipt of a positive unqualified recommendation
from the County Engineer for approval of streets within the development, the Board of
County Commissioners shall fully approve streets as public but with private pay.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One-Hundred
percent(100%)of the value of the improvements as shown in this Agreement. Prior to Final
Plat approval, the applicant shall indicate which of the five types of collateral preferred to be
utilized to secure the improvements subject to final approval by the Board of County
Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted
and the plat recorded within six(6)months of the Final Plat approval. If acceptable collateral
has not been submitted within six (6)months then the Final Plat approval and all preliminary
approvals shall automatically expire. Applicant may request that the County extend the Final
Plat approval provided the cost estimates are updated and the development plans are revised
to comply with all current County standards, policies and regulations. The improvements
shall be completed within one (1) year after the Final Plat approval (not one year after
acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be
renewed at least thirty (30) days prior to its expiration and further provides that cost
estimates for the remaining improvements are updated and collateral is provided in the
amount of One-Hundred percent (100%) of the value of the improvements remaining to be
completed If improvements are not completed and the agreement not renewed within these
time frames, the County, at its discretion, may make demand on all or a portion of the
collateral and take steps to see that the improvements are made.
7.2 The applicant may choose to provide for a phased development by means of designating
filings of a Planned Unit Development Final Plat or Subdivision Final Plat. The applicant
would need only to provide collateral for the improvements in each filing as approved. The
County will place restrictions on those portions of the property that are not covered by
collateral which will prohibit the conveyance of the property or the issuance of building
permits until collateral is provided or until improvements are in place and approved pursuant
to the requirements for a Request for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits"A"and"B."
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County
subject to final approval by the Board of County Commissioners.
HUHN! 11111 1111111 III 11111 1111111 III 11111 IIII IIII
3332361 10/18/2005 11:08A Weld County, CO L Agreement-(On-Site)collateral-Private Road.doc Page 3 of II
3 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
8.1 An irrevocable Letter of Credit from a Federal of State licensed financial institution on a form
approved by Weld County. The letter of Credit shall state at least the following:
8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred percent
(100%)if 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.
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.
I IIIIII 11111 lilt IIIIIlI It I'll/IIIIIII III IIIII IIII IIII greement-(On-Site)collateral-Private Road.doc Page 4 of I I
3332361 10/18/2005 11:08A Weld County, CO
4 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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 of financial institution
8.3.4 If Weld County determines there is a default of the Improvements Agreement, the
escrow agent, upon request by the County, shall release any remaining escrowed
funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado
in an amount equivalent to One-Hundred percent(100%)of the value of the improvements as
specified in the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of the value
of the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of
the project by Weld County, the Applicant must present a Statement of Substantial Compliance from
an Engineer registered in Colorado that the project or a portion of the project has been completed in
substantial compliance with approved plans and specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during the course of
construction and the construction plans utilized are the same as those approved by Weld
County.
9.2 Test results must be submitted for all phases of this project as per Colorado Department of
Transportation Schedule for minimum materials sampling, testing and inspections found in
the Colorado Department of Transportation(CDOT)Materials Manual.
9.3 "As built" plans shall be submitted at the time the letter requesting release of collateral is
submitted. The engineer shall certify that the project "as-built" is in substantial compliance
with the plans and specifications as approved, or that any material deviations have received
prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied, if appropriate,by a letter of
acceptance of maintenance and responsibility by the appropriate utility company, special
district or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fife hydrants are
in place in accordance with the approved plans. The letter shall indicate if the fire hydrants
are operational and state the results of fire flow tests.
9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction plans.
9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of
approval of the streets by the County, the applicant(s)may request release of the collateral for
the project or portion of the project by the Board. This action will be taken at a regularly
scheduled public meeting of the Board.
HBO VIIIVIII inn IIIVIIIIIIIIIIIIIVIIIIIIIIIII
3332361 10/18/2005 11:08A Weld County, CO greement-(On-Site)collateral-Private Road.doc Page 5 of I I
5 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
9.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the
amount of fifteen percent(15%)of the value of the improvements as shown in this Agreement
excluding improvements fully accepted for maintenance by the responsible governmental
entity, special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon final approval by the Board of
County Commissioners.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a rezoning,
Subdivision or Planned Unit Development, requires the dedication, development and/or reservation of
areas or sites other than Subdivision or Planned Unit Development streets and utility easements of a
character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall
be secured in accordance with one of the following alternatives, or a 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 the Weld County Subdivision Ordinance,
may be reserved through deed restrictions as open area, the maintenance of which shall be a
specific obligation in the deed of each lot within the Subdivision or Planned Unit
Development.
10.3 In lieu of land, the County may require a payment to the County in an amount equal to the
market value at the time of Final Plat submission of the required acreage as determined
according to the Weld County Subdivision Ordinance. 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.
1lilt11111IIIII1111111III111 tit III111]III]III
3332361 10/18/2005 11:08A Weld CouCle &
6 of 11 R 0.00 D 0.00 Steve Morenoflu Clerk& Recorder
S:\103_County\Colorado\Weld County\Templates&Forms\Improvements Agreement-(On-Site)collateral-Private Road.doc Page 6 of 11
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year
first above written.
APPLICANT: Franc'
APPLICA
TITLE: Property Owner
Subscribed and sworn to before me this LZ VICI\ day of',SAAR_ ,20 L) fir•PU
I B
My Commisson Expires: •11 3 i I o� i r M1
fff 1 1 JENNIFERj
` ti k nix
No Public / O
BOARD OF COUNTY COMMISSIONER
WELD COUNTY,COLORADO
William H. Jerke, Chair
10/05/2005
•
ATTEST: ��� ilea
N�rr 1161 I Weld County Clerk to the Board ( g1 eiztp
BY: 1 �vltt yryo � n.1
De Clerk t he Board
APP AS T.
•
Co Atto
111111111111111111111111 III 111111111111 III 111111111 I N
3332361 10/18/2005 11:08A Weld County, CO
7 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
S:\l03_County\Colorado\Weld County\Templates&Forms\Improvements Agreement-(On-Site)collateral-Private Road.doc Page 7 of 11
aoos-a2a
EXHIBIT"A"
Name of Subdivision or Planned Unit Development: Pheasant Meadow Subdivision
Filing: First Filing
Location: Lot B of RE 2916, being part of the west 1 of the northwest 14 of Section 3,
Township 5 North, Range 64 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).
Estimated
Improvements Unit Unit Cost Construction Cost
Site grading
Street grading $17.000
Street base $28,520
Street paving
Curbs, gutters, and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage $875/lot $ 3.500
Water mains(includes bore) $16,200
Fire hydrants $ 3,250
Survey and street monuments and boxes
Street lighting
Street name signs $ 260
Fencing requirements $ 8.000
Landscaping $ 4,000
Park improvements
Road culvert
Grass lined swale
Telephone 4 $600 $ 2.400
Gas 4 $600 $ 2.400
Electric 4 $2,150 $ 8,600
Water transfer $ 4,000
SUB-TOTAL
Engineering and Supervision Costs $ 25,000
1111111 11111 11111 1111111III111111111111 III 11111 MIN
3332361 10/18/2005 11:08A Weld County, CO
8 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
S:\103_County\Colorado\Weld County\Templates&Forms\Improvements Agreement-(On-Site)collateral-Private Road.doc Page 8 of 11
(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 $ 123,130
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 authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit"B."
By: Francisco Granados
Applicant
Applicant
Property Owner
Title
Date June 22 ,20 05
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
1111111 11111 11111 11111111111111
3332361 10/18/2005 11:08A Weld County, CO
9 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
S:\103_County\Colorado\Weld County\Templates&Forms\Improvements Agreement-(On-Site)collateral-Private Road.doc Page 9 of 11
•
EXHIBIT"B"
Name of Subdivision or Planned Unit Development: Pheasant Meadow Subdivision
Filing: First Filing
Location: Lot B of RE 2916, being part of the west 1 of the northwest k of Section 3,
Township 5 North, Range 64 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.
All improvements shall be completed within 2 years from the date of approval of the final plat.
Construction of the improvements listed in Exhibit"A" shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading
Street grading July 2006
Street base July 2006
Street paving
Curbs, gutters, and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supple and storage July 2006
Water mains July 2006
Fire hydrants July 2006
Survey and street monuments and boxes
Street lighting
Street name signs July 2006
Fencing requirements July 2006
Landscaping July 2006
Park improvements
Road culvert
Grass lined swale
Telephone July 2006
Gas July 2006
Electric July 2006
Water Transfer July 2006
SUB—TOTAL:
11111 11111 IIIII 111111n 1111111 III 111111 III IIII
3332361 10/18/2005 ,:08A Weld County, CO nnn ttt]] Agreement_(On-Site)collateral-Private Road doc Page 10 of 1
10 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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: Francisco Granados
Applicant
Applicant
Property Owner
Title
Date: June 22 20 05
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
IHiII 11111 11111 1111111 III 111111111111 III 111111 III1111
3332361 10/18/2005 11:08A Weld County, CO
11 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
S:\103_County\Colorado\Weld County Templates&FormsUmprovements Agreement-(On-Site)collateral-Private Road.doc Page 11 of 11
0 Union Colony Bank Post Office Box 961
Greeley,CO 80632
970-346-5050
866-241-2673
Weld County Planning Department
GREELEY OFFICE
SEP 2'1 2005
RECEIVED
IRREVOCABLE STANDBY LETTER OF CREDIT
NAME: Weld County DATE: September 2, 2005
(Hereinafter called"Beneficiary") NUMBER: 660
AMOUNT: $123,130.00
EXPIRES: September 1, 2006
Gentlemen:
Please be advised that Union Colony Bank, A State Chartered Bank (hereinafter called the
"Issuer"), establishes an Irrevocable Letter of Credit No. 660 in favor of the Beneficiary for the
account of Francisco Granados (hereinafter called "Customer") up the aggregate sum of One
Hundred Twenty-Three Thousand One Hundred Thirty Thousand and No/100 ($123,130.00)
available by Beneficiary's drafts at sight drawn on Issuer.
All drafts drawn under this Letter of Credit must bear the clause:
"Drawn under Union Colony Bank Letter of Credit No. 660 dated September 2, 2005".
Issuer hereby agrees with Beneficiary that drafts drawn strictly in compliance with the terms of
the credit will be duly honored upon due presentation to Issuer.
Other terms and conditions -this Letter of Credit shall:
1. Expires at Issuer's counter on or before 3:00 p.m. Mountain time September 1, 2006;
2. Not be transferable;
Page 1 of 2
Member
FDIC
LENDER
3. Be governed by the laws of the State of Colorado, including Article Five of the
Uniform Commercial Code; and
4. Be subject to the Uniform Customs and Practice for Documentary Credits;
International Chamber of Commerce Publication Number 500.
5. This letter of credit is issued to subject to Section XII of Franchise Agreement.
6. 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
Improvement 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.
7. 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.
This Letter of Credit will be automatically renewed for a one year period upon the expiration date
set forth above and upon each anniversary of such date, unless at least sixty (60) days prior to
such expiration date, or prior to any anniversary of such date, we notify both you and your client
in writing by registered mail that we elect not to so renew this Letter of Credit.
Upon receipt by you of our notice of election not to renew this Letter of Credit, you may draw
hereunder by your sight draft drawn on us and bearing the clause "Drawn under Credit No. 660".
Sincerely,
Mike Nic ols
Senior Vice President
MN:ko
PLEASE RETURN UPON EXPIRATION
Page 2 of 2
,36°
AGREEMENT FOR IMPROVEMENTS FOR WCR 60.5
THIS AGREEMENT is made and entered into this day of by and
between Francisco Granados , developer of Pheasant Meadow Subdivision,
hereinafter referred to as Developer", with an address of
5995 W. 26th St. , Greeley, CO 80634 , Weld County Colorado, and the
County of Weld, State of Colorado, by and through the Board of County Commissioners
of Weld County, Colorado, hereinafter referred to as "County," with offices located at
915 10th Street, Greeley, Colorado 80631.
WITNESSETH:
WHEREAS, the Developer has obtained approval for a Site Specific Development
Plan and Subdivision Final Plat for 4 lots for the Pheasant Meadow Subdn hereinafter
referred to as the "Development," and
WHEREAS, WCR 60.5 from WCR 55 to WCR 551, hereinafter referred to as
'the Road", will need paving, in part, due to the increased traffic generated by the
Development, a distance of approximately one mile, and
WHEREAS, WCR 60.5abuts a portion of the development , 4 of the lots
will need WCR 60.5 for access to the Development, and
WHEREAS, the average daily trips anticipated from the development , will
constitute 8.65 percent of the traffic on the Road, and
WHEREAS, the proportional costs of paving the Road attributable to the traffic
generated by the lots in the Development using the Road, is estimated to be $1,811.2sper
lot.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follow:
1. 1'ERM
A. The term of this Agreement shall be from the date first written above
to the completion of paving the Road and final accounting by
County and payment of all land development charges by the
Developer for the 4 lots accessing the Road, or five years if
WRC 60.5is not paved.
2. OBLIGATIONS OF THE COUNTY
Page 1 of 4
11111111111111111111111III111111111111III 111111 1111 ft
3332380 10/18/2005 11:08A Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
coos-a9a9
eTaN
A. Weld County plans to pave, within five years of the date first written
above, the Road at a current estimated cost of$350,000. The paving
improvements are anticipated to be for 12 foot travel lanes with 4
foot shoulders designed in accordance with generally accepted
engineering practices but the actual design shall be at the discretion
of Weld County
B. Design, construction, and maintenance of this portion of Road shall
be the responsibility by the County.
C. County must pave the roads within five years of the date first written
above or forfeit all rights to land development charges, which are the
obligation of the Developer whether already in escrow or remaining
to be paid.
D. Weld County shall perform a final accounting once paving is
complete and may collect from the escrow account (or from the
developer if the amount in the escrow is insufficient to satisfy
developers obligation ) up to 20 percent of the total cost of paving
WCR 60.5 . If additional traffic is generated prior to paving WCR
60.5 , such that the percentage of traffic generated by the
development is less than 20 percent, the County shalt adjust the
percentage charged to the developer proportionately. My amount
which must be collected from the developer which is not paid within
45 days of final accounting shall assessed interest in the amount of 8
percent per annum.
3. OBLIGATION OF THE DEVELOPER
A. Developer agrees to pay the amount of$1,811.25 per each lot
accessing the Road. The actual amount to be determined in
accordance with paragraph 2.D.
B. The Developer agrees to escrow monies as follows At the sale of the
first lot $ 1,811.2 at the sale of the second lot $1,811. at the sale
of the third lot $1,811.2. at the sale of the fourth lot$1.811.25, at
-the-sale-e€4he-tfth loth . The escrow account shall be set up
according to paragraph 4 herein.
C. The Developer shall not be released from this obligation unless
County does not pave the road within the time frame set forth in
paragraph 2.C. herein. In no event shall Developer's obligation
Page 2 of 4
1 111111 11111 11111 1111111 III 111111111111 111 11111 IIII IIII
3332360 10/18/2005 11:08A Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
•
under this Agreement exceed $ 7.245 subject to adjustment to a
higher or lower figure from the first quarter of 2004 to 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.
4. ESCROW AGREEMENT the terms of which will be subject to review by
the County, that provides at least the following:
A. The cash in escrow when fully funded is $ 7,245 •
B. The escrow agent guarantees that the escrowed funds will be
disbursed according to the terms of this agreement and will not
release any portion of the funds without prior written approval of the
Weld County Board of County Commissioners.
5. SEVERABILITY
If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced
without such provision to the extent that this Agreement is then capable of
execution within the original intent of the parties hereto.
6. NO THIRD PARTY BENEFICIARY ENFORCEMENT.
It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and
nothing in this Agreement shalt give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the
express intention of the undersigned parties receiving services of benefits
under this Agreement shall be an incidental beneficiary only.
7. MODIFICATION AND BREACH
This Agreement contains the entire agreement and understanding between
the parties to this Agreement and supersedes any other agreements
concerning the subject matter of this transaction, whether oral or written.
No modification, amendment, notation, renewal, or other alteration of or to
this Agreement shall be deemed valid or of any force or effect whatsoever,
unless mutually agreed upon in writing by the undersigned parties. No
„m .�.W.«<�._ -.• Page 3 of 4
\II MI n1111111111 III IIIII IIIIIII III IIIII IIII III
3332360 10/1812005 11:08A Weld C
3 of 4 R 0.00 0.00 Steve Moreno Clerk&Recorder
Breach of any term, provisions, or clause of this Agreement shall be
deemed waived or excused, unless such waiver or consent shall be in
writing and signed by the party claimed to have waived or consented. Any
consent by any party hereto, or waiver of, a breach by any other party,
whether express or implied, shalt not constitute a consent to waiver of, or
excuse for any other different or subsequent breach.
8. NO WARRANTY.
Neither County nor Developer, by virtue of their entering into this
Agreement and upon their promises to perform the work described herein,
make warranties, either express or implied, that the improvement work
and/or maintenance of these roads meet standards other than those
generally required for counties and cities of the size and type similar to
County.
9. BINDING
This agreement shall be binding on the heirs, successors, and assigns of the
parties.
IN WITNESS WHEREOF the parties hereto have signed this Agreement this
_day of , 2004.
By:
Developer
A 11 EST: a ,_I',Y k1 /'�;� _2 BOARD OF COUNTY COMMISSIONERS
�' 361 ( "; WELD COUNTY, COLORADO
Weld County Clerk to th
�rl William H. Jerke, Chair
BY. ' 4' 10/05/2005
De ty Clerk the Board
APPROVED AS TO FORM:
Coun Attorney
Page 4 of 4
I IIIIII11111111111111111IIIUlla III IItIII
=2360 10/1812005 11:08A Weld County., CO
4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
02005- ?9q7
Pheasant Meadow 03/30/05
Weld County off-site roadway improvements formula
1 Roadway adjacent to the development.
2 Roadway/route required to meet pavement less adjacent roadway
3 Total distance development is responsible for(adjacent frontage+distance to pavement).
4 Total distance to be improved
5 Proportion of distance(Total distance development responsible/Total distanced to be mobilized for paving)
6 Development aadt
7 Most recent WCR aadt
8 Development proportional share(Development aadt/WCR aadt)
9 Off-site improvements cost
10 Development cost share(Off-site improvements cost•Proportion of distance'Development proportional share)
Example
1 1,230 feet
2 0 feet 8
3 1,230 feet t°
4 5,280 feet o
5 0.23 share
6 39 aadt 2
7 450 aadt
8 0.09 share
9 $350,000.00 dollars Cost
10 $7,245.00 dollars
4 #Lots $1,811.25 Cost/Lot
0 Union Colony Bank
920 54th Avenue
Greeley,CO 80634
970-346-5050
866-241-2673
September 29, 2005
Board of County Commissioners of
Weld County, Colorado
915 10 Street
Greeley, CO 80631
To Whom It May Concern:
Union Colony Bank will act as escrow agent for Francisco Granados for the Pheasant
Meadows Subdivision. It is understood an escrow fund will be used to pay for up to 20%
of the paving on Weld County Road 60.5 from WCR 55 to WCR 55 1/2. Funds will be
remitted per the agreement for improvements for WCR 60.5 issued by Weld County.
If you have further questions or comments,please contact me direct at 970-346-5028.
Sincerel
Paul R Knapp
Vice President
CrMember
LENDER FDIC
Hello