HomeMy WebLinkAbout20053395.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERALFOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE
CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW
PERMIT #1499 -WINDSOR ASSEMBLY OF GOD
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 April 13, 2005, the Board of County Commissioners approved Use By
Special Review Permit#1499, for Windsor Assembly of God,416 Oak Street,Windsor, Colorado
80550, for a Public and Quasi-Public Building (Church)in the A(Agricultural)Zone District on the
following described real estate, to-wit:
Lot B of Recorded Exemption#2851; being part of the
SW1/4 of Section 4, Township 6 North, Range 67
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 Windsor Assembly of God,with terms and conditions
being as stated in said agreement, and
WHEREAS,the Board has been presented with Irrevocable Letter of Credit No. 1488701
from New West Bank, 3459 West 20th Street,Suite 114, Greeley,Colorado 80634, in the amount
of$163,933.00, 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 Windsor Assembly of God, be,
and hereby is, approved.
BE IT FURTHER RESOLVED that Irrevocable Letter of Credit No. 1488701 from New West
Bank,3459 West 20th Street,Suite 114,Greeley,Colorado 80634, in the amount of$163,933.00,
be and hereby is, accepted.
2005-3395
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/t PL1772
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IMPROVEMENTS AGREEMENT - WINDSOR ASSEMBLY OF GOD
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 21st day of November, A.D., 2005.
�►+!*� _ BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: " H
Iliam H. :rke, Chair
Weld County Clerk to the
3 < 1
/
BY: 1'Ll C 4n ��'(:: i°�� l(,eile, •r.-Tem
D uty CI k to the Boar. cy„\
:flY
AS TOAttorney
Glenn Vaad e%
Date of signature: ) !& /1:6
2005-3395
PL1772
#161t4n MEMORANDUM
Wi`Pe. TO: Board of County Commissioners
COLORADO DATE: November 15, 2005
FROM: Kim Ogle, Planner 6
SUBJECT: Acceptance of Irrevocable Letter of Credit# 1489101
Windsor Assembly of God
Case Number USR 1499
The Department of Planning Services received an Irrevocable Letter of Credit # 1489101 for
Windsor Assembly of God, for on-site improvements for a Church, Case Number USR-1499, in
the amount of one hundred sixty-three nine hundred thirty-three dollars and no/100s
($ 163,933.00).
Items covered under this letter Standby Letter of Credit include:
Street Base Summer 2006 $ 15000.00
Street Paving Summer 2006 $ 42500.00
Curbs, Gutters and Culverts Summer 2006 $ 15600.00
Landscape Treatment Summer 2006 $ 73833.00
Site Lighting Summer 2006 $ 10000.00
Facility Sign Summer 2006 $ 7000.00
Total Estimated Cost of Improvements and supervision $ 163933.00
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 on-site improvements for Windsor Assembly of God, and the Department of
Planning Services recommends acceptance of this Letter.
2005-3395
225 IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this 21st day of November ,20 05,by and
between the County of Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter
called"County,and Windsor Assembly of God hereinafter called"Applicant."
WITNESSETH:
WHEREAS,Applicant is the owner of,or has a controlling interest in the following describedproperty
in the County of Weld,Colorado:
Lot B of Recorded Exemption 2851. Located in the SW''A Section 4,Township 6 North,Range 67 West of the
6th P.M.,Weld County,Colorado.
WHEREAS,a Site Specific Development Plan and Use by Special Review plat of said pig ty,to be
known as Windsor Assembly of God USR-1499 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 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 USR 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 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 site to the
County for approval prior to the letting of any construction contract. Applicant shall
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furnish one set of reproducible"as-built"drawings and a final statement of const ruction
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 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 extension
of the time of completion shown on Exhibit B upon application by the Applicant
subject to the terms of Section 6 herein.
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4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all
liability loss and damage County may suffer as a result of all suits,actions or claims of every
nature and description caused by,arising from,or on account of said design and construction of
improvements,and pay any and all judgments rendered against the County on account of any
such suit,action or claim,together with all reasonable expenses and attorney fees incurred by
County in defending such suit,action or claim whether the liability,loss or damage is caused by,
or arises out of the negligence of the County or its officers,agents, employees,or otherwise
except for the liability,loss,or damage arising from the intentional torts or the gross negligence
of the County or its employees while acting within the scope of their employment. All
contractors and other employees engaged in construction of the improvements shall maintain
adequate worker's compensation insurance and public liability insurance coverage, and shall
operate in strict accordance with the laws and regulations of the State of Colorado governing
occupational safety and health.
(THERE IS NO SECTION 5)
6.0 This section is not applicable to this project
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 of streets within a Subdivision or Planned Unit
Development and the filing of a Statement of Substantial Compliance,the applicants)
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 development,the Board of County Commissioners shall
fully approve said streets as public but with private pay.
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7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One-
Hundred percent(100%)of the value of the improvements as shown in this Agreement
Prior to 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
Imod Plat approval. If acceptable collateral has not been submitted within six(6)months
o then the Final Plat approval and all preliminary approvals shall automatically expire.
ic Applicant may request that the County extend the Final Plat approval provided the cost
B a c �+ estimates are updated and the development plans are revised to comply with all current
almlr d County standards, policies and regulations. The improvements shall be completed
o g o within one (1) war after the Final Plat approval (not one year after acceptable
p8 E collateral is submitted) unless the applicant(s) requests that this Agreement be
d o renewed at least thirty(30)days prior to its expiration and fitrther provides that cost
3 estimates for the remaining improvements are updated and collateral is provided in
asT E the amount of One-Hundred percent (100%) of the value of the improvements
Era remaining to be completed. If improvements are not completed and the agreement not
ma a o renewed within these time frames,the County,at its discretion,may make demand on
iss
$c all or a portion of the collateral and take steps to see that the improvements are made.
Loa N6
, 7.2 The applicant may choose to provide for a phased development by means of
M a s designating filings of a Planned Unit Development Final Plat or Subdivision Final Plat
sin N The applicant would need only to provide collateral for the improvements in each filing
arm 5
as approved. The County will place restrictions on those portions of the property that
"l 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:
8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundredpacait
(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.
4
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.
N
a o
G., 8.1.5 The Letter of Credit shall specify that fifteen percent(15%)of the total Letter
°C of Credit amount cannot be drawn upon and will remain available to Weld
ti x County until released by Weld County.
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2 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
mmo
9 o Letter of Credit shall be either the date of release by Weld County of the final
r 3 2 fifteen percent(15%),or one year from the date of Plat approval,whichever
— occurs first. Said letter shall stipulate that,in any event,the Letter of Credit
CL
O r rn shall remain in full force and effect until after the Board has received sixty
o o (60)days written notice from the issuer of the Letter of Credit of the pending
Nim• o expiration. Said notice shall be sent by certified mail to the Clerk to the Board
0 0 of County Commissioners.
MU=CDo
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8.2 Trust Deed upon all or some of the proposed development or other property acceptable
=im—°C to the Board of County Commissioners provided that the following are submitted:
=mil Cs4
T
0 8.2.1 In the event pi op=ty within the proposed development is used as collateral,an
Min appraisal is required of the property in the proposed development by a
disinterested Member of the American Institute of Real Estate Appraisers
(M.A.I.) indicating that the value of the property encumbered in its current
degree of development is sufficient to cover One-Hundred percent(100%)of
the cost of the improvements as set forth in the Improvements Agreement plus
all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been
accepted as collateral by Weld County,then an appraisal is required of the
property by a Member of the Institute of Real Estate Appraisers (M.A.I.)
indicating that the value of the property encumbered in its current state of
development is sufficient to cover One-Hundred percent(100%)of the cost of
the improvements as set forth in the Improvements Agreement plus all costs of
sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the
amount specified in the Improvements Agreement.
j S
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.
ilia a
E 8.3.3 The escrow agent will be a Federal or state-licensed bank or financial
o
aro rig institution.
am atr
Ira; 8.3.4 If Weld County determines there is a default of the Improvements Agreement,
=v the escrow agent, upon request by the County, shall release any remaining
mar: 2 o escrowed funds to the County.
i �= o
3 8A A surety bond given by a corporate surety authorized to do business in the State of
m d Colorado in an amount equivalent to One-Hundred percent(100%)of the value of the
y improvements as specified in the Improvements Agreement.
wood
om c 8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)ofthe
alaivalue of the improvements.
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9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a
irar portion of the project by Weld County,the Applicant must present a Statement of Substantial
eaanN
• eta
` Compliance from an Engineer registered in Colorado that the project or a portion of the project
o 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 This section is not applicable to this project:
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 This section is not applicable to this project:
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 fmal construction
plans.
6
3
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
MIMI E the amount of fifteen percent(15%)of the value of the improvements as shown in this
Ea' 13 Agreement excluding improvements fully accepted for maintenance by the responsible
{ =o governmental entity,special district or utility company.
C3 9.9 The warranty collateral shall be released to the applicant upon fmal approval by the
— 0 Board of County Commissioners.
=0
2 10.0 Public Sites and Open Spares: When the Board of County Commissioners, pursuant to a
wwm rezoning, Subdivision or Planned Unit Development, requires the dedication, development
r y and/or reservation of areas or sites other than Subdivision or Planned Unit Development streets
-o o and utility easements of a character, extent and location suitable for public use for parks,
a o 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:
g
ao 10.1 The required acreage as may be determined according to the Weld County Subdivision
= °cmw. Regulations shall be dedicated to the County or the appropriate school district,for one
Nom
044- of the above purposes. Any area so dedicated shall be maintained by the County or
SWIM g 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.
i
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.
7
I'I
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day
and year first above written.
APPLICANT:
APPLICANT:
TITLE: otS f p r
a ...a;
Hday C( %. ......... •Subscribed and sworn to before me this of ,20 �'�,�p7Aq�.OZ,
• ,•�.�
,
My Commission expires: ;
Notary Pub 1'"?...•
'AV �0.oQ
/. 2006 4. ..L
‘ OF B COQ
YlCa mieski teplustala
ATTEST: /�'v" IIe OAR OF COUNTY COMMISSIONERS
61 LD COUNTY,COLORADO
vv, /
Weld County Clerk to the Board lan I far �wtrf
lltam H. Jerke ,Chair
BY:1/4.- e ( 11/41/2005)
uty k to the Bo
APPROVED AS TO FORM:
County Attorney
III
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2005 -3395
EXHIBIT A
Name of Project: Windsor Assembly of God USR-1499
Filing:
Location: Lot B RE-2851.Pt. SW'A Section 4.T6N.R67W of the 6th P.M..Weld County.Colorado.
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or
Planned Unit Development the following improvements. (Leave spaces blank where they do not apply)
Improvements Quantity Units Unit Estimated Construction
Costs Cost
Site grading Street grading
Street base 3000 Cyds 5.00 15,000.00
Street paving 50,000 Sq.ft. .85 42,500.00
Curbs,gutters,and culverts 1300 Lft. 12.00 15,600.00
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
Water Mains(includes bore)
Fire hydrants
Survey and street monuments and boxes
Street lighting 10 1000 10,000.00
Street Names
Fencing requirements
Landscaping 73,833.00
Signage 7,000.00
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water transfer
SUB-TOTAL:
Engineering and Supervision Costs$
(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 $ $163.933.00
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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 im shall be ete co to the construction schedule set out in Exhibit B.
By
pplicant
Applicant
�S /c r Date: /O/ "' ,20 OS.
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
IIVIIIVIIIVIIIIIIIIIIVIIIVIIIIIIIIIIIIIIIit
0510112�R20.000 D 0 0011Ste Steve Clerk&Recorder_
EXHIBIT B
Name of Project: Windsor Assembly of God USR-1499
Filing:
Location: Lot B RE-2851,Pt. SW'A Section 4,T6N,R67W 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 1 years from the date of approval of the 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 Summer 2006
Street base Summer 2006
Street paving Summer 2006
Curbs,gutters,and culverts Summer 2006
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements Summer 2006
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water mains
Fire hydrants
Survey and street monuments and boxes
Street lighting Summer 2006
Street name signs
Fencing requirements
Landscaping Summer 2006
Signage Summer 2006
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water Transfer
SUB-TOTAL:
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The County,at its option,and upon the request of the Applicant,may want an extension of time for
completion for any particular improvements sho ve,upon a showing by the Applicant that the above
schedule c be met.
By:
Applicant
Applicant
vu S 'C r Date: /a -2 9,2o O S
Tide
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
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{
IRREVOCABLE LETTER OF CREDIT NO. 1489101 z•7/ '-
October 27,2005
Board of County Commissioners Q1.,,A ski 01
ATIN:Clerk to the Board /� 1
P.O.Box 7 7588 'r,/,' ' i y�i �1 p,
Greeley,CO 80632
RE: Windsor Assembly of God
Dear Commissioners:
We hereby open our Irrevocable Letter of Credit in your favor for th ount of Windsor Assembly of God,416
Oak Street,Windsor,CO 80550,for a sum not to exceed the =:c• -_ate of$163,933.00(One hundred sixty-three
thousand nine hundred thirty-three dollars).
Each draft so drawn must be marked"Drawn under NEW - 'ST BANK,3459 W.20th St.,Suite 114,Greeley,CO
80634,Letter of Credit No. 1489101"and be accomp- •r, by a signed statement from the Board of County
Commissioners of Weld County,Colorado stating the indsor Assembly of God has committed a material breach
of the Improvements Agreement According to Poll Regarding collateral for Impre nt rs5r eardin the
USR-1499 dated the 2frst'.dayof 2Q0_5_by and between n ,n
Board of County Commissioners of the County . Weld.
1
This credit is subject,so far as applicable,to .e Uniform Customs and Practice for Documentary Credits, 1993
Revision,The International Chamber of ..erce Publication No.500.
We hereby agree with you that all . '•. drawn under and in compliance with the terms of this credit will be duly
honored and presented for payment • our main offence NEW WEST BANK,3459 W.20th St.,Suite 114,Greeley,
CO 80634. This letter of credit wil expire on October 27,2006 at 5:00 P.M.
This letter of credit is automatic y extended without amendment,for additional one year periods from the current
current expirationdate NEW WEST BANK
future expira on date unless 60 days prior to such p
or any Y expiration P
notifies beneficiary in writin: at the letter of credit will not be renewed. In the case you receive such a notification,
you may draw by presen : '•n of the following:(a)a draft at sight on NEW WEST BANK;(b)a statement
purportedly signed by an . 'racial of the Board of County Commissioners ofWeld County,Colorado stating that we
have received notice fro. NEW WEST BANK the Letter of Credit No. 1489101 will not be renewed and that
Windsor Assembly of r od has failed to provide proof of adequate collateral and substitution of this Letter of Credit
No. 1489101;(c)cop of letter from NEW WEST BANK stating non-renewal of Letter of Credit No. 1489101 and
the original letter of< .it.
Yours truly
icest
ie Oc . r
Senior Vice ' sident
I `
NEW WEST BANK 3459 West 20th Street
Suite 114
f
Greeley,Colorado 80634
November 28,2005 • Tel 970-378-1800
Fax 970-378-1801
www.newwesthank.h¢
Board of County Commissioners
ATIN: Clerk to the Board
P.O. Box 758
Greeley, CO 80632
RE: Windsor Assembly of God
Dear Commissioners:
It has come to our attention that we had mistakenly assigned an invalid number to
the Irrevocable Letter of Credit. Initially we assigned 1489101,we should have assigned
1488701. Attached you will find a new Irrevocable Letter of Credit No. 1488701 as well
as a copy of the original. All the information has been completed the same as it was on
the original, except for the number. Please accept our deepest apologies for the •
inconvenience.
If you have any questions or concerns or if the document needs any further
revision,please feel free to contact us at(970) 378-1800.
Sincerely, Since ly,
Cameron Go ealf z Lomue chsner
Customer Service Rep. Senior Vice President ,,
4,
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IRREVOCABLE LETTER OF CREDIT NO. 1488701 1
October 27,2005
Board of County Commissioners
ATTN:Clerk to the Board
P.O.Box 758
Greeley,CO 80632
RE: Windsor Assembly of God
Dear Commissioners:
We hereby open our Irrevocable Letter of Credit in your favor for the account of Windsor Assembly of God,416
Oak Street,Windsor,CO 80550,for a sum not to exceed the aggregate of$163,933.00(One hundred sixty-three
thousand nine hundred thirty-three dollars).
Each draft so drawn must be marked"Drawn under NEW WEST BANK,3459 W.20th St.,Suite 114,Greeley,CO
80634,Letter of Credit No. 1488701"and be accompanied by a signed statement from the Board of County
Commissioners of Weld County,Colorado stating the Windsor Assembly of God has committed a material breach
of the Improvements Agreement According to Policy Regarding collateral for Improvements regardingUSR-1499
dated the 21" day of November,2005 by and between Windsor Assembly of God and the Board of County
Commissioners of the County of Weld.
This credit is subject,so far as applicable,to The Uniform Customs and Practice for Documentary Credits, 1993
Revision,The International Chamber of Commerce Publication No.500.
We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit will be duly
honored and presented for payment to our main office NEW WEST BANK,3459 W.20th St.,Suite 114,Greeley,
CO 80634. This letter of credit will expire on October 27,2006 at 5:00 P.M.
This letter of credit is automatically extended without amendment,for additional one year periods from the current
expiration or any future expiration date unless 60 days prior to such current expirationdate NEW WEST BANK
notifies beneficiary in writing that the letter of credit will not be renewed. In the case you receive such a notification,
you may draw by presentation of the following: (a)a draft at sight on NEW WEST BANK;(b)a statement
purportedly signed by an official of the Board of County Commissioners of WeldCounty,Colorado stating that we
have received notice from NEW WEST BANK the Letter of Credit No. 1488701 will not be renewed and that
Windsor Assembly of God has failed to provide proof of adequate collateral and substitution of this Letter of Credit
No. 1488701;(c)copy of letter from NEW WEST BANK stating non-renewal of Letter of Credit No. 1488701 and
the original letter of credit.
Yours rly,
nnie rsner
Senior Vice President
Weld County Planning Department
SOUTHWEST BUILDING
OCT 3 1 2005
Todd Hodges Design, MEEIVED
2412 Denby Court Fort Collins,Colorado 80526/(970)207-0272
Letter of Transmittal
Date: 31-Oct-05
To: !Gm Ogle
Project Windsor Assembly of God
Via: Fax UPS
Mail Overnight
Pick Up Courier
X Hand Deliver
We Transmit for your. Informatior X Files X
Approval Correction
Signature Return
Number of Copies: 1 Number of Pages: 14, Including Transmittal
Remarks: Please find an original Improvements Agreement and Irrevocable Letter of Credit No.
1489101 attached for the Windsor Assembly of God project Lee Morrison has
been working with the Bank on this letter. Please set the Board hearing date to accept
this letter at your earliest convenience. Please contact me with quesitons at
(970)613-8556.
From: Todd Hodges Design, LLC
,III
•
2412 Denby Court Fort Collies,Colorado tio526/(970)207-0272
it
Letter of Transmittal
Date: 4-Nov-05
To: Kim Ogle
Project Windsor Assembly of God
Via: X Fax 3: ::o UPS
Mail Overnight
Pick Up Courier
Hand Deliver
We Transmit for your. Informatior X Files X
Approval Correction
Signature Return
Number of Copies: 1 Number of Pages: 2,
Remarks: Please see receipt attached satisfying Condition of Approval item# 1E.
This should be the fimal Condition prior to recording the plat
Please let me know if you need additional items at this time.
copy Eustis Habighorst,Windsor Assem
NY of God(970)686-2096
From: Todd Ho
dges Design, LLC
T 'd SLL8-619-0L6 311 'u2TsaQ se2poH ppol Q60 =90 SO 40 AON
Nov 04 05 08: 02a Todd Hodges Design, LLC 970-613-8775 p. 2
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Weld County Planning Department
# GREELEY OFFICE
iT SEP 1 5 2005
MEMORANDUM RECEIVED
TO: Kim Ogle, Planning Manager DATE: September 14, 2005
C FROM: Donald Carroll, Engineering Administrator pi&
•
COLORADO SUBJECT: USR-1499, Windsor Assembly of God Church
In my previous memo dated August 9, 2005, I was asking the applicant to provide written documentation for
one of the bid items street paving. The applicant have provided documentation from M. McDonald Asphalt
Paving & Chipsealing verifying the cost under the street paving item in Exhibit A of the Improvements
Agreement.
With this documentation, the Weld County Public Works Department is agreeable with acceptance of the
transportation portion of the Improvements Agreement.
All other non-transportation items should be verified by Planning Services prior scheduling with the Board of
County Commissioners.
pc: USR-14999
Todd Hodges Design
M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\AmUSR-729-D.doc
SEP-09-2005 FRI 12:55 PM WELD COUNTY PUBLIC WORKS FAX NO, 970 304 6497 P. 01/01
0 Ittrteri ' MEMORANDUM •
ITO: Kim Ogle, Planning Manager . DATE: August 9,2006
C II
FROM: Donald Carroll, Engineering Administrator jog . • '
. COLORADO SUBJECT: USR-1499,Windsor Assembly of God Church .
•
•
In reviewing.the new submittal dated August 5,2005,the Exhibit A portion under the Transportation Items have
been recalculated and the estimated construction cost has been reduced. Kelly Jenkins, Public Warta
Department, visited the site and provided the office with photographs. The applicant has placed slit fence,
cleared and grubbed, stripped the site and stockpiled the topsoil. •
I cannot verify your street base Items because you are showing it as cubic yards, which reflect cut and fill
sections usually shown in construction drawings. I am• looking for the bass section.before you place the
asphalt. A sample would be 6 inches of base over 6 Inches of asphalt or would It be a full depth section of
asphait,with no base Item? .
The street/parking lot paving quantity match mine, but the unit cost number appears to be low. I recommend
that the applicant provide written verification from your contractor on their letterhead that they,wlll complete the
psvtng Items for that amount of money.
Please fax verification of quantities and unit costs from your contractor. (fax 970-304.6487) , '
•
. The Weld County Public Works Department will review and comment on these Items.
•
' All other non-transportation Items shell be verified by Planning services prior to acceptance.
pc: USR-1499 M:Pt.ANNING-DRVSLOPMENTREVIEYVWSRUseby Special RwAevAUM-1480.9Aoc
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Sep 12 05 09: 34a Todd Hodges Design, LLC 970-613-8775 p. 2
1269N.Cleveland Ave.,Loveland,Colorado 80537
970413-85513 Todd Hodges Design. LLC
fax:970-61343778
Fax
To: Kim Ogle Real Todd Hodges
Faoc 720-652-4211 Pagan 2, indudng cover sheet
Mae Dane 9/12/2005
Rae Windsor Assembly otGod Landscape list CC:
O Urgent X For Review ❑Please Ceeaewet X Please Reply ❑Phan Recycle
KIM, attached is the landscape list for your review. Sorry you couldn't open the pnor
attachments to the emails. The server must eat them up.
Call if you wish to discuss or need further information.
The ditch company approved our engineenng plan on the drainage into the ditch.
Eustis sent a check and we will provide you with evidence once I have it.
Have a great week!
Todd A. Hodges, Principal
Todd Hodges Design, LLC
Sep 12 05 09: 34a Todd Hodges Design, LLC 970-613-8775 P. 1
WINDSOR ASSEMBLY OF GOD CHURCH
DESCRIPTION QTY UNIT PRICE TOTAL
Deciduous Trees 31 EA $ 450.00 $ 13,950.00
Evergreen Trees 5 EA $ 500.00 $ 2,500.00
Evergreen Shrubs 100 EA $ 27.00 $ 2,700.00
Ornamental Grasses 350 EA $ 13.00 $ 4,550.00
River Rock Mulch 3,500 SF $ 1.00 $ 3,500.00
Wood Mulch 5,800 SF $ 0.50 $ 2,900.00
Sod 25,425 SF S 0.45 $ 11,441.25
Dryland Seed 119,190 SF $ 0.05 $ 5,959.00
Metal Edging 900 LF S 2.25 $ 2,025.00
Soil Preparation(turf,wood and rock areas) 34,725 SF $ 0.10 $ 3,472.50
Irrigation 34,725 SF $ 0.60 $ 20,835.00
I $ 73,832.75
,
1 .
rte:t
MEMORANDUM
TO: Kim Ogle, Planning Manager DATE: August 9, 2005
O FROM: Donald Carroll, Engineering Administrator ad
u iling Department
COLORAG OFFICE SUBJECT: USR-1499, Windsor Assembly of God Church
AUG 10 2005
RECEIVED
In reviewing the new submittal dated August 5, 2005, the Exhibit A portion under the Transportation Items have
been recalculated and the estimated construction cost has been reduced. Kelly Jenkins, Public Works
Department, visited the site and provided the office with photographs. The applicant has placed silt fence,
cleared and grubbed, stripped the site and stockpiled the topsoil.
I cannot verify your street base items because you are showing it as cubic yards, which reflect cut and fill
sections usually shown in construction drawings. I am looking for the base section before you place the
asphalt. A sample would be 6 inches of base over 5 inches of asphalt or would it be a full depth section of
asphalt with no base item?
The street/parking lot paving quantity match mine, but the unit cost number appears to be low. I recommend
that the applicant provide written verification from your contractor on their letterhead that they will complete the
paving items for that amount of money.
Please fax verification of quantities and unit costs from your contractor. (fax 970-304-6497)
The Weld County Public Works Department will review and comment on these items.
All other non-transportation items shall be verified by Planning Services prior to acceptance.
pc: USR-1499 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1499-B.doc
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