HomeMy WebLinkAbout20051064 CORRECTED RESOLUTION
(Corrected as to case number)
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE
CHAIR TO SIGN,AND ACCEPT COLLATERAL FOR SITE PLAN REVIEW,#382-ZEEK
PARTNERSHIP, LLLP, ON BEHALF OF ALFA PAVING, LLC, C/O KENNETH AND
CONNIE WILLIAMSON
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 January 12,2005,the Department of Planning Services staff approved Site
Plan Review, SPR #382, Alfa Paving, LLC, c/o Kenneth and Connie Williamson, for a General
Commercial Office and Warehouse(vehicle maintenance service bays)on the following described
real estate, to-wit:
4068 Camelot Circle, Longmont, Colorado 80504,
described more specifically as Lot 7, Block 1,
Amended Plat of Rademacher Business Park; being
part of the NW1/4 of Section 23, Township 3 North,
Range 68 West of the 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 Zeek Partnership, LLLP,P.O.Box 10,Mead,Colorado
80542,on behalf of the applicant,with terms and conditions being as stated in said agreement,and
WHEREAS,the Board has been presented with Irrevocable Letter of Credit No. NZS538536
from Wells Fargo Bank, N.A.,Trade Services Division, Northern Colorado,One Front Street,21st
Floor, San Francisco, California 94111, in the amount of$214,720.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Irrevocable Letter of Credit as stated above, copies of which are attached hereto and
incorporated herein by reference.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the Improvements Agreement According to Policy Regarding Collateral for
Improvements(Private Road Maintenance)between the County of Weld,State of Colorado,by and
through the Board of County Commissioners of Weld County, and Zeek Partnership, LLLP, on
behalf of the applicant, be, and hereby is, approved.
®'VAS 2005-1064
(C'; /�L, relict //�J/// O�� ��E PL1771
IMPROVEMENTS AGREEMENT-ZEEK PARTNERSHIP,LLLP,ON BEHALF OF ALFA PAVING,
LLC, CIO KENNETH AND CONNIE WILLIAMSON
PAGE 2
BE IT FURTHER RESOLVED that Irrevocable Letter of Credit No. NZS538536 from Wells
Fargo Bank, N.A.,Trade Services Division, Northern Colorado, One Front Street, 21st Floor, San
Francisco, California 94111, in the amount of$214,720.00, be and hereby is, accepted.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 28th day of March, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
William H. J ke, Chair
rk to the Board tr
tto l -%.
M. J. eile, Pro-Tem
krntityt erk to the Board — EXCUSED
AP O D AS TO D Long U
tIL
Robert D.(�11MMasslden
u y Atte ey EXCUSED
Glenn Vaad
Date of signature: *71A-C
2005-1064
PL1771
( MEMORANDUM
Wiuue. TO: Board of County Commissioners
COLORADO DATE: February 28, 2005
FROM: Kim Ogle, Planning Manager
SUBJECT: Acceptance of Irrevocable Letter of Credit
Alfa Paving, LLC; do Connie Williamson
Site Plan Review 392
On February 23, 2005 the Department of Planning Services' received an Irrevocable Letter of
Credit on behalf of Ken and Connie Williamson for Alfa Paving, LLC located at 4068 Camelot
Circle, Longmont, CO 80504, case number Site Plan Review 392, in the amount of two
hundred twenty-five thousand four hundred fifty six and no/100s (225,456.00 dollars).
Items covered under this letter of credit include:
Site Grading $ 5,000.00
Street Paving $ 144,000.00
Curbs & Gutters $ 2,760.00
Sidewalk $ 1,560.00
Storm Sewer Facilities (12" Ductile Pipe, Headwall) $ 3,800.00
Retention Pond $ 5,000.00
On-Site Sewage Facilities $ 11,000.00
Fencing requirements $ 31,600.00
Landscaping $ 10,000.00
Subtotal: $ 214,720.00
Engineering and Supervision Costs $ 10,736.00
Total Estimated Cost of Improvements and Supervision $ 225,456.00
The Weld County Attorney, the Department of Public Works and the Department of Planning
Services', have determined that the amount of the agreement will be sufficient to complete the
work required for Alfa Paving, LLC located at 4068 Camelot Circle, Longmont, CO 80504,
case number Site Plan Review 392, and the Department of Planning Services' recommends
acceptance of this Letter by the Board of County Commissioners.
2005-1064
Weld County Planning Department
GREE!r t 0''-,"F
iat:Illtr :
MEMORANDUM �:ER I3 l00t
RE('�� � � D�
Kim Ogle, Planning Manager DATE: February 17, 2005
IlI //�,,�,,ROM: Donald Carroll, Engineering Administrator
,/SUBJECT: SPR-392, Alfa Paving, LLC c/o Connie Williamson
COLORADO
At the Planning Department's request, I have reviewed the Exhibit A portion of the Improvements Agreement
associated with the transportation items.
All transportation items identified in the Exhibit A portion appear to be adequate to complete the project.
The Weld County Public Works Department recommends acceptance of the transportation portion.
All other non-transportation items shall be verified by Planning Services prior to acceptance of collateral or
scheduling.
pc: SPR-392
M:\PLANNING-DEVELOPMENT REVIEW\SPR-Site Plan Review\SPR-392-A,Alfa Paving.doc
Page 1 of 1
Kim Ogle
From: Charlotte Davis
Sent: Monday, March 14, 2005 5:35 PM
To: Kim Ogle
Cc: Ted@alfapaving.com
Subject: SPR-392
Kim,
Condition 2D1A- UIC Class V Injection well. I am in receipt of a letter dated March 14, 2005 from Ted Drysdale representative for
SPR-392. The letter states that the floor drains/wash bay drains will be plumbed through a sand trap then into a 1000 gallon vault
that will be capped off on the exit side. Bob's Sanitation will pump and dispose the contents as required by law. Dennis Renley,
Building Official is working with the applicant for proper permitting, etc. Since the UIC Class V Injection well is no longer a
concern with the agreement of this plan-this condition is resolved and can be removed.
Condition 2D3 Wash Bay. As discussed above the wash water will flow to a 1000 gallon vault that is capped. No wash water will
exit the vault. The applicant will employ Bob's Sanitation to pump and dispose of the wash water appropriately as required by
law. This resolves the the concerns of possible wastewater from a wash bay entering into State Waters. This condition is
resolved and can be removed.
Condition 2F-Stormwater discharge permit. I spoke with Debbie with the State of Colorado,Water Quality Control Division today.
She informed me that she is working with Mr. Drysdale on a Stormwater Permit. The permit has not been issued but will be within
a week. The Permit is# COR 037780. This condition is resolved and can be removed.
All other items prior to recording have been met.
Regards, Char
03/15/2005
Page 1 of 1
Kim Ogle
From: Charlotte Davis
Sent: Tuesday, March 08, 2005 10:05 AM
To: Kim Ogle
Subject: SPR-392
Kim,
I am in receipt of a letter from JL Walter Consulting dated February 2, 2005 re: Conditions of approval. The following are my
comments for each condition.
Condition 2D1A- UIC Class V Injection well. The applicant is routing waste water from the floor drain to the septic system. This
is in violation of EPA Standards. The applicant shall cap or seal off this Injection well immediately and call either myself or a
building official for verification that this has been done. This Condition is not resolved at this time.
Condition 2D2-water source The applicants have provided documentation re: Little Thompson Water District intent to supply
water to the site. This condition is approved and can be removed.
Condition 2D3-Wash Bay-Waste water from the wash bay is directed to the septic system. This is in violation of EPA standards.
The applicant should contact the State Water Quality Control Commission for other possible remedies and/or permits that may be
required. This condition is not resolved at this time.
Condtion 2E1, 2E2 & 2E Waste Handling plan. A plan has been submitted, reviewed by this department and is approved. This
condition is resolved and can be removed.
Condition 2F The applicants have provided a copy of the application for a stormwater discharge permit. I have no way of knowing
if this has been sent in and/or approved. Please have the applicants provide evidence from the state of receipt or a name and
number to verify the submittal. This condition is not resolved.
Septic permit# SP-0400427 has been issued but is not finaled at this time. This condition is required Prior to issuance of Cert of
Occupancy not prior to recording the plat.
Questions or concerns let me know, x2208. Char
03/08/2005
WELLS FARGO BANK,N.A.
TRADE SERVICES DIVISION,NORTHERN CALIFORNIA
ONE FRONT STREET,215T FLOOR
SAN FRANCISCO,CALIFORNIA 94111
Contact Phone: 1(800)798-2815(Option 1)
Email: sftrade@wellsfargo.com
IRREVOCABLE LETTER OF CREDIT
Board of County Comminssioner Letter of Credit No.NZS538536
of Weld County Date: February 25,2005
918 10th Street
Greeley,CO 80631
Attention: Clerk to the Board
Ladies and Gentlemen:
At the request and for the account of Zeek Partnership,LLLP,P.O.Box 10,Mead, CO 80542,we
hereby establish our Irrevocable Letter of Credit in your favor in the amount of Two Hundred Fourteen
Thousand Seven Hundred Twenty United States Dollars(US$214,720.00)available with us at our above
office by payment of your draft(s)drawn on us at sight accompanied by your signed and dated statement
worded as follows with the instruction in brackets therein complied with:
"The undersigned,an authorized official of the Board of County Commissioner of Weld
County("Beneficiary"),hereby certifies that Zeek Partnership,LLLP("Applicant")has
commited a meterial breach of the Improvements Agreement according to policy
regarding collateral for improvements regarding Lot 7 Block 1 Rademaker Subdivision
dated{insert date}by and between the Beneficiary and Applicant."
Each draft must also be accompanied by the original of this Letter of Credit for our endorsement
on this Letter of Credit of our payment of such draft.
Partial and multiple drawings are permitted under this Letter of Credit.
Each draft must be marked"Drawn under Wells Fargo Bank,N.A. Letter of Credit No.
NZS538536."
If any instructions accompanying a drawing under this Letter of Credit request that payment is to
be made by transfer to an account with us or at another bank,we and/or such other bank may rely on an
account number specified in such instructions even if the number identifies a person or entity different from
the intended payee.
This Letter of Credit expires at our above office on February 28, 2006,but shall be automatically
extended,without written amendment,to February 28 in each succeeding calendar year,unless we have sent
written notice to you at your address above by registered mail or express courier that we elect not to renew
this Letter of Credit beyond the date specified in such notice which date,will be February 28,2006 or any
subsequent February 28 and be at least 60 calendar days after the date we send you such notice.Upon our
sending you such notice of the nonrenewal of the expiration date of this Letter of Credit,you may also draw
under this Letter of Credit by presentation to us at our above address,on or before the expiration date
specified in such notice,of your draft drawn on us at sight accompanied by your signed and dated statement
worded as follows:
Page 1 of 2
"The undersigned,an authorized official of the Board of County Commissioner of Weld
County("Beneficiary"),hereby certifies that we have received notice from Wells Fargo
Bank,N.A.that the Letter of Credit No.NZS538536 will not be renewed and that Zeek
Partnership,LLLP("Applicant")has failed to provide proof of adequate collateral and
substitution of this Letter of Credit No.NZS538536"
We hereby engage with you that all draft(s)and/or documents drawn under and in compliance with
the terms of this credit will be duly honored for payment.
This Letter of Credit is subject to the Uniform Customs and Practice For Documentary Credits
(1993 Revision),International Chamber of Commerce Publication No. 500,and engages us in accordance
therewith.
Very truly yours
WEL FARGO BANK,N.A.
BY: AI a.I I lAss
THORIZED S NATURE)
SOCCI LO A NO
ASSISTANT VICE PRESIDENT
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1j
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT, made and entered into this day of , 20 , by
and between the County of Weld, State of Colorado,acting through its Board of County Commissioners,
hereinafter called"County,"and t et lZ Po v It v.a.y-5 La , LL U_P 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:
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�Ue.. .�\e 5 5 \ 0.Y'
WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be
known as _ Y has been submitted
to the County for approval, and
WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Plat,
Planned Unit Development Final Plat,or Site Plan shall be approved by the County until the Applicant has
submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements
shown on plans,plats and supporting documents ofthe 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.
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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.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or
Planned Unit Development improvements listed on Exhibit"A,"which is attached hereto and
incorporated herein by reference,according to the construction schedule set out in Exhibit
"B" which is also attached hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a Subdivision or Planned Unit Development is proposed
within three miles of an incorporated community located in Weld County or located
in any adjacent county,the Applicant shall be required to install improvements in
accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards at the time the
Subdivision or Planned Unit Development is proposed, the requirements and
standards of the County shall be adhered to. If both the incorporated community
and the County have requirements and standards,those requirements and standards
that are more restrictive shall apply.
3.2 Applicant shall employ,at its own expense,a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and
inspect, or to require testing and inspection of material and work at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems, water, gas, electric and telephone
services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed,
according to the terms of this Agreement,within the construction schedule appearing
in Exhibit"B." The Board of County Commissioners, at its option, may grant an
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extension of the time of completion shown on Exhibit"B"upon application by the
Applicant subject to the terms of Section 6 herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits,actions or claims of
every nature and description caused by, arising from, or on account of said design and
construction of improvements,and pay any and all judgments rendered against the County
on account of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by County in defending such suit,action or claim whether the liability,
loss or damage is caused by, or arises out of the negligence of the County or its officers,
agents, employees, or otherwise except for the liability, loss, or damage arising from the
intentional torts or the gross negligence of the County or its employees while acting within
the scope of their employment. All contractors and other employees engaged in construction
of the improvements shall maintain adequate worker's compensation insurance and public
liability insurance coverage, and shall operate in strict accordance with the laws and
regulations of the State of Colorado governing occupational safety and health.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the
Applicant,streets within a Subdivision or Planned Unit Development may be approved by
the County as public roads and will be maintained and repaired by a Homeowners
Association or, in its absence, the owners of lots within the Subdivision or Planned Unit
Development.
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 ofstreetswithinaSubdivisionorPlannedUnit
Development and the filing of a Statement of Substantial Compliance, the
applicant(s)may request in writing that the County Engineer inspect its streets and
recommend that the Board of County Commissioners partially approve them. Not
sooner than nine months after partial approval, the County Engineer shall, upon
request by the applicant, inspect the subject streets, and notify the applicant(s) of
any deficiencies. The County Engineer shall reinspect the streets after notification
from the applicant(s) that any deficiencies have been corrected. If the County
Engineer finds that the streets are constructed according to County standards,he or
she shall recommend full approval. Upon a receipt of a positive unqualified
recommendation from the County Engineer for approval of streets within the
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development,the Board of County Commissioners shall fully approve said streets
as public but with private pay.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One-
Hundred percent (100%) of the value of the improvements as shown in this
Agreement. Prior to Final Plat approval,the applicant shall indicate which of the
five types of collateral preferred to be utilized to secure the improvements subject
to final approval by the Board of County Commissioners and the execution of this
Agreement. Acceptable collateral shall be submitted and the plat recorded within
six (6) months of the Final Plat approval. If acceptable collateral has not been
submitted within six (6) months then the Final Plat approval and all preliminary
approvals shall automatically expire. Applicant may request that the County extend
the Final Plat approval provided the cost estimates are updated and the development
plans are revised to comply with all current County standards, policies and
regulations. The improvements shall be completed within one (1) year after the
Final Plat approval (not one year after acceptable collateral is submitted)
unless the applicant(s) requests that this Agreement be renewed at least thirty
130) 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.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution
on a form approved by Weld County. The Letter of Credit shall state at least the
following:
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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 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 MI 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.
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8.2.2 In the event property other than the property to be developed has been
accepted as collateral by Weld County,then an appraisal is required of the
property by a Member of the Institute of Real Estate Appraisers (M.A.I.)
indicating that the value of the property encumbered in its current state of
development is sufficient to cover One-Hundred percent(100%)of the cost
of the improvements as set forth in the Improvements Agreement plus all
costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the
amount specified in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for
improvements as specified in the agreement and for no other purpose and
will not release any portion of such funds without prior approval of the Weld
County Board of Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank or financial
institution.
8.3.4 If Weld County determines there is a default of the Improvements
Agreement,the escrow agent,upon request by the County,shall release any
remaining escrowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of
Colorado in an amount equivalent to One-Hundred percent(100%)of the value of
the improvements as specified in the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)
of the value of the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for
a portion of the project by Weld County, the Applicant must present a Statement of
Substantial Compliance from an Engineer registered in Colorado that the projector 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.
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9.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation Schedule for minimum materials sampling,testing and
inspections found in the Colorado Department of Transportation(CDOT)Materials
Manual.
9.3 "As built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project "as-built" is in
substantial compliance with the plans and specifications as approved, or that any
material deviations have received prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by
a letter of acceptance of maintenance and responsibility by the appropriate utility
company, special district or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall
indicate if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction
plans.
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of approval of the streets by the County, the applicant(s) may
request release of the collateral for the project or portion of the project by the
Board. This action will be taken at a regularly scheduled public meeting of the
Board.
9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"
in the amount of fifteen percent(15%)of the value of the improvements as shown
in this Agreement excluding improvements fully accepted for maintenance by the
responsible governmental entity, special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon final approval by the
Board of County Commissioners.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a
rezoning,Subdivision or Planned Unit Development,requires the dedication,development
and/or reservation of areas or sites other than Subdivision or Planned Unit Development
streets and utility easements of a character, extent and location suitable for public use for
parks, greenbelts or schools, said actions shall be secured in accordance with one of the
following alternatives,or as specified in the Planned Unit Development(PUD)Plan,if any:
10.1 The required acreage as may be determined according to the Weld County
Subdivision Regulations shall be dedicated to the County or the appropriate school
district,for one of the above purposes. Any area so dedicated shall be maintained
by the County or school district.
11111111111 liii IIII 111111 I L 1111111 III 1110 M 1111 Revised 07/01/2002
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10.2 The required acreage as determined according to Chapter 24 of the Weld County
Code,may be reserved through deed restrictions as open area,the maintenance of
which shall be a specific obligation in the deed of each lot within the Subdivision or
Planned Unit Development.
10.3 In lieu of land,the County may require a payment to the County in an amount equal
to the market value at the time of Final Plat submission of the required acreage as
determined according to Chapter 24 of the Weld County Code. Such value shall be
determined by a competent land appraiser chosen jointly by the Board and the
Applicant. The cash collected shall be deposited in an escrow account to be
expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal
representatives,successors and assigns of the Applicant,and upon recording by the County,
shall be deemed a covenant running with the land herein described,and shall be binding upon
the successors in ownership of said land.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the
day and year first above written.
A) PLICANT: ZeeJ PAr7Na-rs ; ) 4. LLP
yY`YYll llilllll/j1/4*,:y
1 ...f•LI I •
zr �
h i .
rY TITLE: (tes ci l
cn#Ded&nd sworn to before me this '1 day of I t r, 20 S.
plJpl� _J
4 i �iigmission expires: 92 yij 2L.e,C / L LC ��Yv✓� tw
Notary Public K_
ATTEST:ib! /netgi , / f j BOARD OF COUNTY COMMISSIONERS
�(///V/ WELD COUNTY, COLORADO
a\\ 1 . 1La
Weld County Clerk to t oa
' 1861 �q=� William H. Jerke , Chair
BY: L./at L =.-����1111 �jMAR 2 �8 2005
Deputy Clerk to the , .4,
APPROVED AS TO FORM: f ,..4.1.4/2-‘1,----
(74a County Attorney
11111111111111111 111 11111111 Revised 07/01/2002
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EXHIBIT "A"
AIteNd pIai- I�
Name of Subdivision B it Ines YM-k.
or Planned Unit Development: Lot I B Ioc•k I 'n AL✓1 A-Ile i-- 4 b • i v` 1 nl •
Filing: /L � /�
Location: 901 f Gg ele./a! Cr rc/,Q
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) = a
o
CID
Improvements Quantity Units Unit Estimated — °C
Costs Construction Cost --.(-2=
Site grading I l S . S000`a` 4 S o OO°' .a•=
=--, a
CD
Street grading I 0 o
Street base 0 d
T Street paving - -- — --•-� __ �
g 4ob o te� _i3L'-"- ( 144, 000 — rdi'
:� —� d Curbs,guttersrer�-eahvetts Z�j (, f' I Z°o 1.Z1 4 o e. a_ 0
Sidewalk n O•-a a 13 0 C F. S f+ G) "
►� # _Iz T it _oy
Storm sewer facilities ( ?%_ga)11- 4,--,s41/ 9 5 L.f 4-00° t 31 S°o �' i j o
Retention ponds 1 L$• ''.$5O0O°—' o oo.o o �'4
Ditch Improvements —o p
Subsurface drainage N
c
Sanitary sewers —o of
Trunk and forced lines - —o x
Mains - -- _ �,N
n
Laterals(house connected) in•r
ate'-- uo— n o
On-site sewage facilities (5i941cI$a...l�.tl•{er-- 1 L5, j#Il;l000 . 111OOO - —CCirn
•
On site water supply and storage
. . — -- _ -___--- -
Water Mains(includes bore) r
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street Names
Fencing requirements '
q_ _ Start) L.F. i Zoe- 4 3t1 too oV—
Landscaping 1 L.S .S . i I01000 4 1O1_6OO.OO
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric —
Water transfer
SUB-TOTAL: - -----. - I- t -- o
Z14 12.0 ow
Engineering and Supervision Costs $ I 0 13 Lo
(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 $ 1 LS 1 4'5 . -
Revised 07/01/2002
9 M:\WPFILES\Code Shells\Aprivate.wpd
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Said improvemeng shall be completed according to the construction schedule set out in Exhibit"B."
I rlTler n ) I.1
By: ,aeniAea t
pli t
1/4
Applicant /
Date: re_bvt """1 Z , 2005 .
Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
MI IIIII IIIII 1111 111111 IIIII IIIIIII t1,c1,101,111,1.1c11,11041081210 of 12 R 0.00 0 0.00SteveMoreno
10 at Cl
Revised 07/01/2002
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EXHIBIT "B"
Name of Subdivision
or Planned Unit 1 ff t
Development: l ok—1 kV('e- {2 ( I At vvtev.de, RLo.Jt- od- �-Lk Ro-��w•dc Lnt� �`^s"us55L
Po-v'`
Filing: •
/a
Location: 4 0 CO , `,O.vvte(ok Cl ire-1e_
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision
or Planned Unit Development the following improvements. — a
`o
All improvements shall be completed within 1 years from the date of approval of the final plat. —- cc
Construction of the improvements listed in Exhibit"A" shall be completed as follows: __G ge
-V1
si -a
(Leave spaces blank where they do not apply.)
- 0c
0 N
Improvements Time for Completion —a o
d me
-3 d
3
Site grading /rfgreir Of ml
Street base kXi�skwi PU'D• —MI CO
Street paving , k i
i ; —_0 0
Curbs, gutters, and culverts lu " c
Sidewalk £44-• —oo
Storm sewer facilities Ex)sal PitD. - o
Retention ponds JM et. —a x
Ditch improvements Apr;i a i —- N
co
Subsurface drainage ,i , n.r
in 0
Sanitary sewers A!y ; p4-/VA -N r
Trunk and forced lines I I " —"T
Mains fl/A-.
Laterals(house connected) Apr; I of
On-site sewage facilities ` i i it
On-site water supply and storage i‘ /t
Water mains Ex 141 rvIq Pub
Fire hydrants 6'x f s-h'w PU>.
Survey and street monuments and boxes At; / 10 J,
Street lighting /Cxl s//o' 194/17
Street name signs , i
Fencing requirements an-)/ 1J0'
Landscaping J/Ae/ 0tit
Park improvements IU A--.
Road culvert N A-
Grass lined swale 410 AN,e-4,
Telephone Apra O4 ,
Gas , 1
Electric ,,
Water Transfer el / /
SUB-TOTAL:
Revised 07/01/2002
1 1
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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.
k ,� � L L P
By:Arc/
ta6Ptl
icant
Applicant
�� i; � 1 Date: Et ta vua r77, 20 O5
title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
1 111111 11111 131 1111 111111 11111 1111111 111 11111 III 1111
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