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Home My WebLink About20050164 RESOLUTION RE: APPROVE AGREEMENT FOR IMPROVEMENTS FOR WELD COUNTY ROAD 70 ROAD STABILIZATION FOR DUST CONTROL, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN,PF#613- CATTAIL CREEK GROUP, LLC 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,the Board of County Commissioners,on August 18,2004,approved a Planned Unit Development Final Plan, PF #613, for Cattail Creek Group, LLC, c/o George DuBard, 304 Immigrant Trail,Windsor,Colorado 80550,for eight(8)lots with E(Estate)Zone Uses and one (1) lot with A (Agricultural)Zone Uses, along with approximately 7.1 acres of Open Space on the following described real estate, to-wit: Lot C of Recorded Exemption#2637;being part of the SW1/4 of Section 9, Township 6 North, Range 66 West of 6th P.M., Weld County, Colorado WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with an Agreement for Improvements for Weld County Road 70 Road Stabilization or Dust Control between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Cattail Creek Group, LLC, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with an Escrow Agreement between First American Heritage Title Company, 1200 WestAsh,Suite B,Windsor,Colorado 80550,and Cattail Creek Group, LLC, in the total amount of$15,336.00 when fully funded, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Escrow Agreement 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 Agreement for Improvements for Weld County Road 70 Road Stabilization or Dust Control between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Cattail Creek Group, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED that said Escrow Agreement between First American Heritage Title Company, 1200 West Ash, Suite B, Windsor, Colorado 80550, and Cattail Creek Group, LLC, in the total amount of$15,336.00 when fully funded, be and hereby is, accepted. 2005-0164 �'44 PL1628 . �'GJ4/l L , IT Aft) (1)-O1 -O. ESCROW AGREEMENT- CATTAIL CREEK GROUP, LLC PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 12th day of January, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 'tom/ William H. rke, Chair Ital iII � erk to the Board M. Geile, Pro --Tern =�4 u Clerk t. the Bard Davi E. ong A ROV • Robert D. Mas n ounty Atto y Glenn/,/,�/ Va Date of signature: 1 '/ ' - 2005-0164 PL1628 5� AGREEMENT FOR IMPROVEMENTS FOR WCR 70 ROAD STABILIZATION for Dust Control THIS AGREEMENT is made and entered into this /,2 ty of dun— , in the year 200f,by and between Cattail Creek Grout', LLC, developer of Cattail Creek P. U. D. , hereinafter referred to as "Developer", with an address _c/o Dave Heldt, 33681 WCR 13, Windsor, CO 80550, 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 38631. WITNESSETH: WHEREAS, the Developer has obtained approval for a Subdivision Final Plat for 9 lots for Cattail Creek P. U. D. ,hereinafter referred to as the "Development," and WHEREAS, WCR 70 from WCR 29 to WCR 31, hereinafter referred to as 'the Road", will need ROAD STABILIZATION for dust control, in part, due to the increased traffic generated by the Development, a distance of approximately one mile, and WHEREAS, WCR 70 abuts a portion of Cattail Creek P. U. D. , 9 of the lots will need WCR 70 for access to the Development, and WHEREAS, Cattail Creek P. U. D. , requires approximately one-half mile of WCR 70 and will constitute 27 percent of the participation for the Road, and WHEREAS, the proportional costs of STABILIZATION for the Road attributable to the traffic generated by the lots in the Development using the Road, is estimated to be $1.704.00 per lot. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follow: 1. TERM A. The term of this Agreement shall be from the date first written above to the completion of STABILIZING the Road and final accounting by County and payment of all land development charges by the Developer for the 9 lots accessing the Road, or ve years if WRC 70 is not STABILIZED. 2. OBLIGATIONS OF THE COUNTY A. Weld County shall STABILIZE the road, within five years of the date first written above, the Road at a current estimated cost of $53.531.00. The stabilization improvements are anticipated to be for two 12-foot travel lanes designed in accordance with generally accepted engineering practices but the actual design shall be at the discretion of Weld County. 11111111111111111111111111 EMI 111111111 3256527 01/26/2005 04:28P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder boos—o/6 S" B. Design, construction, and maintenance of this portion of Road shall be the responsibility by the County. C. County or Developer must STABILIZE the roads within five years of the date first written above or forfeit all rights to land development charges, which are the obligation of the Developer whether already in escrow or remaining to be paid. D. Weld County shall perform a final accounting once STABILIZATION is complete and may collect from the escrow account (or from the developer if the amount in the escrow is insufficient to satisfy developers obligation) up to 50 percent of the total cost of STABILIZING WCR 70. If additional traffic is generated prior to STABILIZING WCR 70 such that the percentage of traffic generated by the development is less than 50 percent, the County shall adjust the percentage charged to the developer proportionately. Any amount which must be collected from the developer, which is not paid within 45 days of final accounting, shall be assessed interest in the amount of 8 percent per annum. 3. OBLIGATION OF THE DEVELOPER A. Developer agrees to pay the amount of$ 1,704.00 per each lot accessing the Road. The actual amount shall be determined in accordance with paragraph 2.D. B. The Developer agrees to escrow monies as follows at the sale of the first lot $1.704.00, at the sale of the second lot $1.704.00, at the sale of the third lot $ 1,704.00 , at the sale of the fourth lot $ 1,704.00, at the sale of the fifth lot $ 1,704.00, at the sale of the sixth lot $ 1.704.00, at the sale of the seventh lot $ 1,704.00, at the sale of the eighth lot $ 1,704.00, at the sale of the ninth lot $ 1,704.00. 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 STABILIZE the road within the time frame set forth in paragraph 2.C. herein. In no event shall Developer's obligation under this Agreement exceed $ 15.336.00 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: I 11111 11111 1111 Mil11111 11111 1111 3255527 01/26/2005 04:28P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder A. The cash in escrow when fully funded is $ 15,336.00. 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 shall 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 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, shall 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. 111111111111111111111111111111111111111 I I 111111 M 1111 3256527 01/26/2005 04:28P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 12th day of January , 200 5 BY: C ail Cree roue. LW • Developer ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Chair, William H. Jerke 1/12/2005 E �` M4I6% '�'J� TEST: fi Weld County lerk to the Board eputy Cler to the Board APP D AS M: Co tt 1111111111111111 MEN 111111 ION 11111 EIN 3256527 01/26/2005 04:28P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ��— a.o .a..� Page 4 of 5 cpccs-O/6V. Cost Estimating for Offsite improvements Agreement 19-May-04 Weld County Road 70 stabilization for one-mile between CR 29 and CR 31. Messner Engineering, Inc. Two 12-foot lanes=24-feet. one-mile estimate one-mile 27% Material glist Units Cos per Unit Total Cost Percent Cost Street Grading 2,347 Cu.Yd. $2.50 Cu. Yd. $5,866.67 $1,584.00 Street Base(Class 6) 2,347 Cu.Yd. $15.00 Cu.Yd. $35,200.00 $9,504.00 Chemical Stabilization 14,080 Sq.Yd. $0.80 Sq.Yd. $11,264.00 $3,041.28 (DC2000) Engineering&Supervision Costs(fixed) $1,200 $1,200.00 Grand Total= I $53,530.671 $15,329.28 =%Total Estimate of Quantities Material Length Width Depth Area Area Volume Volume Weight feet feet feet Sq. Ft. Sq. Yd. Cu. Ft. Cu.Yd. ton Street Grading 5,280 24 0.5 - - 63,360 2,347 - Class 6 5,280 24 0.5 - - 63,360 2,347 - Chemical 5,280 24 - 126,720 14,080 - - - Percentage of the Section AWe Applicant Part(ft) T.otal(Rl Percentage Participation 2,438 5,313 27% 111111111111VII11111111111 Eli 1111111111111111IIIIII 3256527 01/26/2005 04:28P Weld County, CO 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder SA — trait.�.ve..°•-- ISteti ag.l� Page 5 of 5 5; ESCROW AGREEMENT ESCROW AGREEMENT, made and entered into on this.3/s f" day of , 2005. By and between First American Heritage Title Company, 1200 W. Ash, Suite B; Windsor, CO 80550 (Escrow Agent) and Cattail Creek Group, LLC as Developer(Company). Deposit Procedure: The Escrow Agent shall maintain an appropriate segregated Interest Bearing account (Escrow Account) designated as Cattail Creek Account by First American Heritage Title, Account Number, . The proportional costs of Stabilization for the Road attributable to the traffic generated by the lots in the Development using the Road, is estimated to be $1,704.00 per lot accessing the Road. Total lots accessing the Road for the Cattail Creek Subdivision will equal 9 lots. First American Heritage Title will receive a check in the amount of$1,704.00 for each lot sold and which will be held in the account for Cattail Creek Account on Weld County Road 70 by Escrow Agent. Total cash in escrow when fully funded is $15,336.00. The Escrow Agent guarantees that the escrowed funds will be disbursed according to the terms of the AGREEMENT FOR IMPROVEMENTS FOR WCR 70 ROAD STABILIZATION FOR DUST CONTROL (a copy of which is attached hereto as Exhibit A). First American Heritage Title Company will not release any portion of the funds without prior written approval of the Weld County Board of County Commissioners. Term: The term of this Agreement shall be from the date first written above to the completion of Stabilizing the Road and final accounting by County and payment of all land development charges by the Developer of the 9 lots accessing the Road or FIVE years if WCR 70 is not stabilized. Books and Records: The Escrow Agent shall maintain accurate records of all transactions hereunder. Promptly upon the termination of escrow, or as may reasonably be requested by the Company prior thereto, the Escrow Agent shall provide the Company with a complete copy of such records, certified by the Escrow Agent to be a complete and accurate account of all such transactions. The authorized representatives of the Company shall also have access to such books and records at all reasonable times during normal business hours upon reasonable notice to the Escrow Agent. 1111111 11111 11111 Mi IIII111111111111III 11111 IIII IIII 3256526 01/26/2005 04:28P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder c S—Q/6 fl General Provisions: A. This Agreement expressly sets forth all the duties of the Escrow Agent with respect to any and all matters pertinent hereto. B. The Escrow Agent shall not be liable, except for it's own negligence or willful misconduct and, except with respect to claims based upon such negligence or willful misconduct that are successfully asserted against the Escrow Agent. The Company shall indemnify and hold harmless the Escrow Agent (and any successor Escrow Agent) from and against any and all losses, liabilities, claims, actions, damages and expenses, including reasonable attorneys' fees and disbursements, arising out of and in connection with this Agreement. C. The Escrow Agent shall be entitled to rely upon any order,judgment, certification, demand, notice, instrument or other writing delivered to it hereunder without being required to determine the authenticity or the correctness of any fact stated therein or the propriety or validity of the service thereof The Escrow Agent may act in reliance upon any instrument or signature believed by it to be genuine and may assume that any person purporting to give notice or advice, or to accept and acknowledge receipt, or to make any statement or execute any documents in connection with the provisions of this Agreement has been duly authorized to do so. D. In the event that the Escrow Agent shall be uncertain as to its duties arising under this Agreement or shall receive instructions from the Company as to the funds held in the Escrow Account that, in its opinion, are inconsistent with each other or are in any conflict with any of the provisions of this Agreement, the Escrow Agent shall be authorized to hold any and all proceeds received by it, together with any other amounts that shall accrue to or be deposited in the Escrow Account pending the settlement of any such controversy by final adjudication of a court of competent jurisdiction or the Escrow Agent may at its option, deposit such funds with the clerk of a court of competent jurisdiction, in an appropriate proceeding to which all parties in interest are duly joined. E. The Escrow Agent (and any successor Escrow Agent) may at any time resign as such by delivering all amounts held in the Escrow Account to any successor Escrow Agent designated by the Company in writing, or to any court of competent jurisdiction, whereupon the Escrow Agent shall be discharged of and from any and all further obligations arising in connection with this Agreement. The resignation of the Escrow Agent will take effect (i) upon the appoint of a successor(including a court of competent jurisdiction) or(ii) thirty(30) days after the date of delivery of its written notice of resignation to the Company, whichever first occurs. If at such time the Escrow Agent has not received a written designation of a successor escrow agent, the Escrow Agent's sole responsibility hereafter shall be to safekeep the funds held in the Escrow Account eidC11111111th Ill 111111��IIIIII 1111E II 111 IIIR 3266626 01126/2005 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder until receipt by it of a written designation by the Company or a successor escrow agent of a final order of a court of competent jurisdiction. F. The parties hereto irrevocable submit to the jurisdiction of any Colorado state court or federal court sitting in Colorado in any action or proceeding arising out of or relating to this Agreement, and the parties hereby irrevocably agree that all claims in respect of such action or proceeding shall be heard and determined in such state or federal court. The parties to this Agreement hereby consent to and grant to any such court jurisdiction over the persons of such parties and over the subject matter of any such dispute and agree that delivery or mailing of any process, instrument or other paper in connection with any such action or proceeding in the manner provided in this Agreement, or in such other manner as may be permitted by law, shall be valid and sufficient service of such process, instrument or other paper. G. This Agreement shall be binging upon and inure solely to the benefit of the parties hereto and their respective successors and assigns, and shall not be enforceable by or inure to the benefit or any third party. Except as provided herein with respect to a resignation by Escrow Agent, no party hereto may assign any of its rights or obligations under this Agreement without the prior written consent of the other parties hereto. 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 ?/s f day of , 20O SC DEVE B ' r ' STATE OF COLORADO COUNTY OF e foregoing instrument w acknowledged before me this R'clday of io".12 . , 200 f by A.A. #4- S/j, a4dnnv. i as P1 P.m la2ti of Cattail Creek Group, LLCM! My Commission expires: Jess my hand and official seal Notary Public .'"I rI . -Ql WELD COUNTY MUM 11111 11111 DIM 111111 11111 III 11111 IIII IIII 3256526 01/26/2006 04:28P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder /41 lii,4 u),tefilaATTEST: yVEL D COUNTY CLERK O THE BOARD 1861 BY ��4/ 2 /Vci `r 444YYYrr ` DENIM/ a _f2,( O THE BOARD L ��G ,Kll BY: `3 I�l William H1 Jerke, Chair STATE OF COLORADO Board of Weld County Commissioners 1/12/2005 COUNTY OF WELD The foregoing instrument was acknowledged before me this day of 20 by . My Commission expires: Witness my hand and official seal Notary Public ESCROW AGENT Print Name and Title 1 1111 11111 11111 111111 1111 11111 11111 III 11111 I I I I V I I I 3256526 01/26/2005 04:28P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder vZt2D5 -O/e . a CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 WIlD P. O. BOX 758 GREELEY, COLORADO 80632 C. COLORADO July 13, 2009 FIRST AMERICAN HERITAGE TITLE COMPANY 1200 WEST ASH, SUITE B WINDSOR, COLORADO 80550 RE: Escrow Agreement for Cattail Creek Group, LLC Ladies and Gentlemen: This letter shall act as a reminder to you of your obligations to the Board of County Commissioners of Weld County under the above-referenced Escrow Agreement. As you are aware, on the 31st day of December, 2004, First American Title Company, issued an Escrow Agreement on behalf of Cattail Creek Group, LLC, naming the Board of County Commissioners of Weld County as beneficiary. The dollar amount of the Escrow Agreement was established at Fifteen Thousand Three Hundred Thirty-six and no/100 ($15,336.00). The terms of the Escrow Agreement requires that First American Heritage Title will receive a check in the amount of$1,704.00 for each lot sold and which will be held in the account for Cattail Creek until fully funded or until the 31st day of December, 2010, if County Road 70 is not stabilized. If you have any questions regarding this letter or your obligations under the Escrow Agreement, or if you disagree with any statement contained in this letter, please call Donna Bechler, at 970-356-4000, ext. 4227, or e-mail me at dbechler@co.weld.co.us. Very truly yours, Donald D. Warden Clerk to the Board 9 By/0-/: / /4/tDeputy Cler o t e Board pc Cattail Creek Group, LLC ujjj" ret CLERK TO THE BOARD PHONE (970) 336-7215, Ext 4225 Wil 8 O g� z COLORADO gn if` July 13, 2009 C-----, C) r FIRST AMERICAN HERITAGE TITLE CC F - O• X 1200 WEST ASH, SUITE B 2 m W WINDSOR, COLORADO 80550 15 K 0 n 0 2 RE: Escrow Agreement for Cattail Cre O w m Ladies and Gentlemen: f. ' m p l co y This letter shall act as a reminder to you i I '� N v Weld County under the above-references —° 1 As you are aware, on the 31st day of Dec w Agreement on behalf of Cattail Creek Grc d County as beneficiary. The dollar amour m.: o Thousand Three Hundred Thirty-six and - m e o ' in tot N - ... The terms of the Escrow Agreement reqt n z a 0 y -+ m , the amount of$1,704.00 for each lot solc — - x N 2 > o fully funded or until the 31st day of Decei ° 23 N m o If you have any questions regarding this sz r ry 0 = 3 o wu disagree with any statement contained it 6 car -I D Ln 4227, or e-mail me at dbechler@co.weld " o m Z --c1 ru rr JfC r,; cnWZ ruin Very truly yours, o rI " xi .,co n, SIIMINSIIIIIIIIIII l ul rinJ cm r:C.Y O 01/WI Donald D. Warden — igi x x -i Clerk to the Board — ra EDO m t ' •.7.- o nnm 0 0� a m i �j/ n. o D UNITto BY GI/7c/71 it�/,f e - woc O lira s^�� n '� 9Deputy Cler Board �/ — m c % m a r,) to P 40 o 0 r- , Z o .1 dic pc Cattail Creek Group, LLC f m< C a0 c : r-,/w� ?i: ._ 0 ( V A G c Cc) k .o.•c) (, C . oft' i ', ,thy ,yezazzit. =�,z ,..z..„I _ITC Titl Firs T ® t American Heritage e Company De raL. Covert Ic,er,,,,,vfin, , Cell (970)214-0430 dcovert@fahtco.com Office (970)6864951 wwwfahtco corn Fax (9701686 5039 1200 West Ash St.,Suite B Windsor CO 80550 nn"E`:, xu car.oxx, n"—^" • Al (1:11 .arli- . __ ___ __ _ __ m N 3 M 0a wiik s O ! tlt � Cam' i _ 'Picz8 r r COLORADO ki k- t ' a Q �G r g 0 to 0 - py h, 3�3 �;- o 0 W July 13, 2009 to 0 �0 0 ❑ -'� MOM - a t:t >rN WO¢ W _= :r 03--74/Nn %",-, s ZQ3 W FIRST AMERICAN HERITAGE TITL. W4}O ., - 1200 WEST ASH, SUITE B >k • 'i tn¢il. `r WINDSOR, COLORADO 80550 '' ! J -f 0110 ' :eft►- / J W Jr— /RE: Escrow Agreement for Cattail Y a 0 ZCW '' •; is ' I O ,J CJ 3Wm 0 = Ladies and Gentlemen: 1 O c 0 k->¢ in CD W:Z r SSVIOIS2lld % a lYJD 0 = This letter shall act as a reminder to 03iNOS3Nd — 003 c W et = Weld County under the above-refere co C3 Y D a o o _0 < I V W l W 4 As you are aware, on the 31st day o'. Li ( H z = Agreement on behalf of Cattail Cree v-.i a _ H u County as beneficiary. The dollar ar �, z o Thousand Three Hundred Thirty-six _1YF L $ W 2 c • L�J _ -p C7 The terms of the Escrow Agreement -s-c� ' \i ' �'^ C the amount of$1,704.00 for each lot c -i EL- U OU M 5 tit fully funded or until the 31st day of C V _ \ If you have any questions regarding 1 disagree with any statement contain 'y((//\ W, 4227, or e-mail me at dbechler@co. Very truly yours, o ir M , _ , 1 t a t ^ Ci a \ 1_r m CO to Donald D. Warden H COO Clerk to the Board V O C d BY/ fL�j r J?i` �� 03 d Deputy Cler 'o t e Board X ` pc Cattail Creek Group, LLC J d O V 1 --\.--; c\Ci t,vim • .4 iril Hello