HomeMy WebLinkAbout20040842.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE
CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW
PERMIT#1413 -ANTHONY NAVARRO, DBA ACTION PURSUIT PAINTBALL
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 23, 2003, the Board of County Commissioners approved Use By
Special Review Permit,#1413,for Anthony Navarro,dba Action Pursuit Paintball,70943rd Avenue,
Greeley,Colorado 80634,for a Use by Right,an Accessory Use,or a Use By Special Review in the
Commercial or Industrial Zone Districts(Commercial Recreational Facility-Paintball Park)on the
following described real estate, to-wit:
Parcels B and C of Subdivision Exemption #745;
being part of the SW 1/4 of Section 14, Township 5
North, Range 65 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 Anthony Navarro, dba Action Pursuit Paintball,with
terms and conditions being as stated in said agreement, and
WHEREAS,the Board has been presented with jointly-held Certificate of Deposit #100367
from New West Bank,3459 West 20th Street, STE 114, Greeley, Colorado 80634, in the amount
of$26,987.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said jointly-held Certificate of Deposit 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 Anthony Navarro, dba Action
Pursuit Paintball, be, and hereby is, approved.
BE IT FURTHER RESOLVED that jointly-held Certificate of Deposit#100367 from New
West Bank, 3459 West 20th Street, STE 114, Greeley, Colorado, 80634, in the amount of
$26,987.00, be and hereby is, accepted.
2004-0842
PL1657
IMPROVEMENTS AGREEMENT- ANTHONY NAVARRO, DBA ACTION PURSUIT PAINTBALL
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 15th day of March, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W LD COUNTY, COLORADO
ATTEST: C. �.�'s&3\ V V�
Robert D. Masden, Chair
Weld County Clerk to t'i k3. r }
S �(] �I
% S �� William H. eke, Pro-Tem
BY:
Deputy Clerk to the B.- /�A♦
. . .ems
A PR-CV-65 AS TOY_
David -Long ,
o y ttor ey EXCUSED
Glenn Vaad '
Date of signature: /33
2004-0842
PL1657
Aft, MEMORANDUM
. TO: Board of County Commissioners 3/10/04
COLORADO FROM: Chris Gathman - Planner II .
SUBJECT: Acceptance of Collateral for USR-1413 (Action Pursuit
Paintball)
On March 10, 2004 we received collateral in the amount of Twenty-Six Thousand Nine-Hundred
Eighty Seven dollars ($26,987.00) for collateral for the improvements agreement for USR-1413
(Action Pursuit Paintball).
To date the following On-Site improvements need to be completed:
Street grading & parking area estimate $ 2,408.00
Street base & gravel estimate $ 5,063.00
Street Paving (gravel surface) estimate $ 5,670.00
Bumpers estimate $ 746.00
Landscaping, trees & seeding estimate $ 13,100.00
Total Estimated Cost of Improvements and supervision $ 26,987.00
After review of the collateral by the Weld County Attorney, the Department of Public Works and
the Department of Planning Services, it has been determined that the amount of the agreement
will be sufficient to complete the work required for USR-1413 (Action Pursuit Paintball), and the
Department of Planning Services recommends acceptance of this Letter.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
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IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
IBIS 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 celled nC ty"and Anthony Navarro 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:
PARCFTS B and C of SUBDIVISION EXEMPTION #SE-745; being part of the SW a of
Section 14, Township 5 North, Range 65 West of the 6th P.M. , Weld County,
Colorado.
(Parcels have been combined to one parcel)
WHEREAS, a Final Subdivision/Planned Unit Development(PUD)plat of said property, to be
known= USR 1413 basbeen submitted to the
County for approval,and
WHEREAS,relevant Sections of the Weld Canty Code provide that no Subdivision Final Plat,
Planned Unit Development Final Plat,Of Site Plan shall be approved by the County until the Applicant has
submitted a Subdivisiunlmprovenhmt Agreement guaranteeing the construction of the public improvements
shown on plans,plats and supporting documents of the Subdivision Final Plat,Plumed 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 precise,covenant and agree as follows:
1.0 fanaineaine Services: Applicant shall furnish,at its own expense,all mWaecring services
in connection with the design end construction of the Subdivision or Planned Unit
Development improvements listed on Exhibit "A," which is attached hereto and
incorporated herein by reference..
1.1 The required engineering services shall be performed by a Professional Engineer
and Land Surveyor registered in the State of Colorado,and shall conform to the
standards and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of,but not be limited to,surveys,
designs,plans and profiles,estimates,construction supervision,and the submission
of necessary documents to the County.
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1.3 Apptiantalrwfmniehdmwingemadam skrrundvtvitbn the Subdiviaion
Cr Planned UnitDevelop naita the County fbr approval priortothelettingof cansenetica contact. Applicant CI&
drawings and of shall garish one set ofroilnl •ere •
construction poet to the County.
2.0 • Define awamoneing the oomateuoticmofimprovements
herein agreed Applicant shall aacquie,at its own expense.good e d m o
o�vay and easements on all lends and facilities traversed by the proposed improvements.
3.0 figgagggicur Applicant*all iimaish and instill,at its own eacpeose,the Subdivision or
Phoned Unit Development improvements listed on Exhibit"A"which is attached hereto
and inumPoloted bereID by reference,according to the construction schedule set out in
Eahrbit it which is oleo attached hallo and incotporatcd herein by reference.
3.1 Said construction diallbe in stria cionfornanco to thaplans and drawings approved
by the Canty and the specifications adopted by &e Cow, for such public
improvements.Whitener a Subdivision or Planned UnitDevelapmentisproposed
within three miles often iomrpoaatcd eomntmity located in Weld County or located
in any adjacent°aunty,the Applicant shall be required to install improvements in
accordance with the requirements and standards that would exist if the plat was
developed within the oorporalo limits of that community. If the iaoctporated
commuSubdivision Pla
nned tadopted
1t oit such ta requiremum and standards at the time the
Development is proposed, the requirements and
standards of the County shell be adhered to. Ifbo&the incorporated community
and the Coney haverequ tsand standards,those requirements and standars
that are more restrictive shall apply.
3.2 Applicant shell employ,tit its own expense,*qualified Intim company p oudy
approved by the Cotaty to pertly=all tasting oftnateriais or aaoshrtction that is
required by the Comity;and shall Amnia copies of teat results to the Coaaaty.
33 At all times daring said concimcta the County shall have the right to test and
inspects or to require testing and inspection of material and work at Applicant's
expense. Any materiel or wok act conform to the approved plans and
specifications shall be removed and replaced to the sati faction of the Comity at
Applicant%expense.
3A Applicant shell finish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems,water,gas,electric and telephone
services.
33 Said Subdivision or Planned Unit Devolapmrot improvements shallbecowprleted,
accenting.to the terme of this AgmeaoeaR within the Construction schedule
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appearing in Exhibit"B." TheBoardofCamtyC.am aissioma at ile oPtion,may
Fantail extensiomofthwtimeofcamphidoushown on Exhibit"B"agronapplication
by the Applicant sul;jeer to the teams of Seotion 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 suite,actions or claims of
every nature and description caused by, arising from, or on amount of said design and
construction of improvements,and pay any and all judgments rendered againstYhe 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
frau the intentional torts or the gross negligence ofthe 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 withthe laws
and regulations of die State of Colorado governing occupational safety and health.
('THERE IS NO SECTION 5)
6.0 Morava 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 inq rovements in that
phase of the development is satisfactory to the County; and all terms of this
AA,.i.c,,.cot have been faithfully kept by Applicant.
63 Upon completion ofthe construction of streets within a Subdivision orPlanned Unit
Development and the filing of a Statement of Substantial Compliance, the
sppiicant(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 shalt upon •
request by the applicant,inspect the subject streets,and notify the applicants)of
any deficiencies. The County Engineer shall reinspect the streets after notification
from the applioant(s)that any deficiencies have beat corrected. If the County
Engineer finds that the streets are constructed according to County standards,he or
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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 Recuirements for CoDato g:
7.1 The value of all collateral submitted to Weld County must be equivalent to One-
Hundred percent (100%) of the value of the iutprovementa as shown in this
Agreement Prior to Final Plat approval,the applicant-shall Siesta which of the
five types of collateral prefasted to be utilized to secure the improvements subject
to final approval by the Board of County Commissioners nod 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 bas 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 approvalprovided the cost estimates are updated and the development
plans are revised to comply with all current County standards, Policies and
regulations. The improventents shall bt completed within one(flyear aver the
Final Plot• wmni l(mat tine war aft r ac rw/ bl _)/.,_ _r
the annlico lls)reoweraihatihte Ay/pmant be renewed auggfjtlurty(301 does
prior to its emfrutton and farther provides than cost estimates for the remaining
frwrovemants are widened and collared is jp/vided in the amount of One-
l/padnd percent f100%) of the vahee of the Improvements remaining to be
competed. If imptuveeunts are not completed and the agreement not renewed
within these time frames,the County,at its discretion,may male 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 tnnl collateral is provided or until
improvements are in place andapprovedparsuant to the requirements fora Request
for Release of Collateral.
7.3. The applicant intends to develop in accordance with Exhibits"A"and"B."
8.0 ingrovertsJ'ivaragtee: 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 irrevocableLetterofCreditfromaFederalorStatelicensedfnancialinstitution
on a form approved by Weld County. The Letter of Credit shall state at least die
following:
8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred
percent (100%) of the total value of the improvements as set fort in
Section 6.0 and Exhibits"A"and"H."
8.1.2 The Letter of Credit shall provide for payment upon dumnnd to Weld
County if the developer has not pen formed the obligations specified in the
Improvements Agreement end the issuer has been notified of such default.
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8.13 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 toe 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 Sr 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 Lena of Credit shall specify that fifteen percent(15%)of the total
Letter ofC 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 thtfl specifythatthedateofproposedexpirationofthe
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 El force and effect until after the
Board has received sixty(60)days written notice torn 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 lainised 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 eventproperty 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.L)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 sus forth in the Improvements
Agreement plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been
accepted as collateral by Weld County,then an appraisal is required of the
property by a Member of the Institute of Real Estate Appraisers(M.A.L)
indicating Sat the value of the property encumbered bered in its current state of
development is sufficient to Cover One-Hundred percent(100%)ofthe cost
of the improvements as set forth in the Improvements Agreement plus all
costs clash 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.
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8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Stormy Aaeement that provides at least the following:
83.1 'The cash in escrow is at least equal to One-Hundred pe cent(I OO%)of the
amount specified in the Improvements Agreement
83.2 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.
83.3 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 fiords to the County.
8.4 A strgv bend 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 improvement as specified in the Improvements Agreement.
8.5 A cash deoosit 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
a portion of the project by Weld County, project tam n for
f
In the Applicant must present a Statement of
Substantial Compliance from an Engineerregistered nColoradothattheprojectoraportion
of the project has been completed in substantial compliance with approved plans and
specifications documenting the following
9.1 The Engineer or his representative has made regular on-site inspections during the
course of construction and the construction plans utilized are the same as those
approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado
Departrnent 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.
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A letter must 93 ors m submitted from the appropriate Fire Authority indicating the fire
place 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 hemmed enacts]construction
plans.
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of approval of the streets by tin: 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
Bond.
9.8 Therequest thr release ofcallatenlshall be accornpumied by"Warranty Collateral"
in the amount of fifteen percent(15%)of the value of the imp o.wncots as shown
in this Agreement excluding improvements fully accepted for maintenance b the
responsible governmental entity,special district or utility company. Y
.
9.9 The warranty collateral shall be released to the applicant upon final approval by the
Board of County Commissioners.
10.0 tithe Sitespd Open Smeces: When the Board of County Commissioners,pursuant to a
reroning,Subdivision or Planned UnitDevelopment,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
10.2 The required acreage as determined according to Chapter 24 of the Weld County
Code,may be reserved through deed testietions as open area,the niaintananee of
which shall be a specific obligation in the deed of each lot within the Subdivision
or Planned Unit Development
10.3 in lieu ofland,the Cmmty nay requireapaymenttotheCountyinanamounteq al
to the market value at the time of Final Plat submission of the
determined according to Chapter 24 of the Weld required a acreagesshall
e
determined by a competent landchosen
jointly by. theSuch
value al]be
appraiser Hera 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 $accessory and Amiens: This Agreement shall be binding upon the heirs, executor,
personal representatives,successors and assigns of the Applicant,and upon recording by fit
County. shall be deemed a covenant naming with the land herein described,and shall be
binding upon the successors in ownership of said land.
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IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the
day and year first above written.
APPLICANT: Anthony .Navarro
APPLICANT:
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TITLE: Owner
Subscribed and sworn to before me thisLL day c a .... lv_ 20O14. `�pY........
My Commission expires: ',�l/,, I►%'�
No �', �• TRACEYD.
^ : �0
'Y COMMISSION EXPIRES c y . CARWIN
N0VEER 8, 2005
MO
X19'••.. . • O.
III;FOF
AT'IF,ST: HOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
Weld County Clerk to the'
BY: wt Robert D. Masden Chan 03/15/2004
Deputy Clerk to the : •', -' , \ 4
APPROVED AS TO FORM:
Countyawskirmnamri
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EXHIBIT"A"
Name of Subdivision
orPlarmedTJnitDevelopmeot: USR-1413
Filing:
',newton: North of and adjacent to HWY 34, approximately z mile West of WCR 47
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
Subdivision or Planned UnitDevelopment the following improvements. (Leave spaces blank where they do
not apply)
1211e¢tily !bill Unit Estimated
Site wading Cooyractiontod
SnectScadiag & parking area 28,000 sf `0.086 2,408
Street base & gravel 513r tons 9.87 5,063 `
Sueetpaving gravel surface 250 tons 22.68 5,670
bumpers 33 ea 22.60 746
Sidewalk
Storm sewer heft's
Retention ponds
Ditch Impmvesnents •
Subsurface drainage
Sanitary sewers
Trtmk and forced lines
Manly
Laterals(Louse munemed)
On-site sewage facilities
On-site water supply and storage
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Water Mains(includes bore)
Fire hydrants
Survey and street momnneats and boxes
Street lighting
Street Names
Fencing requirements
wing , trees and seeding 13,100
Pathwayamema
Road culaat
Grass lined made
Telephone •
Gas
Electric
water transfer
SUR-TOTAL: 26,987
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Engineering and Supavidan Costs S N.A.
(Testing,inspection,as-built plans and nit in addition to preliminary and final plat supervision of actual
construction by contractors)
TOTAL ESTUsCATFI)COST OF IMPROVEMENTS ARID SUPERVISION S 26,987
9 Items WW1/2M
Mnwrenssro MDMn VATS
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The above improvements shall be coustnw ted in accordance with afl Cotmtyrequirements end specifications,
and conformance withthis provision shall be determined solely by Weld County,or its duly authorized agent
Said improvements shall be completed according to the construction schedule set out in Exhibit"B."
By: Anthony Navarro
• Applicant
Applt t
Owner late: 20
Title •
(If aorpesation,to be signed by President and attested to by Secretary,together with corporate seal.)
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10 Minted a Intalet
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E]ID81T"R"
Name of Subdivision
or Planned Unit Development USR-1413
Filing: North of and adjacent to HWY 34, approximately z mile West o WCR 47
Location:Intending Subdivisionor to
be
legally
bound,the mmdersigned Applicant hereby agrms to provide throughout ibis
Development the following improvements.
All improvements shall be completed within one years from the date of approval of the final plat.
Construction of the improvements listed in Exhibit"A"shall be completed as follows:
(Leave spaces blank where they do not apply.)
Inagnmsda
Time fir Completion
S 'Nadine
May 31 15, 2004
Street base
veins g May .31 , 2004
Qs.guttt .cud culvert& May 3 J 2 2004
Sidewalk
Storm sewer facilities
BSttti&ponds
Ditch tainvementl
a handset draimeo
fiellitary 9t19(em
Trunk and forced lines
Mires
Laterals(house connected)
On-site sewage facilities
On-site water ampbrjpd storage
der*tins
Pire lwdren
$urvev and street DICei rls and boxes
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3166788 04/01/2004 11:13A Weld County, CO
11 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
its The completion,at any particular and
upon therequest of the Applica may grant an extension of time for
compim ro emenb shown
above schedule cannot be met above,upon a showing by the Applicant that the
By: Anthony Navarro
Applicant
Applicant
Owner J/zdl er
Title Date:��J 20
(If corporation,to be signed by President and attested to by Secretary,together with corporate orporate seal.) •
•
•
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3166788 04/01/2004 11:13A Weld County, CO
12 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Chris Gathman - USR-1 413 DOC Page 1
MEMORANDUM
TO: Chris Gathman, Planner II DATE: 2/2/2004
FROM: Donald Carroll, Engineering Administrator
SUBJECT: USR-1413, Navarro-Action Pursuit Paintball
I have reviewed the Improvements Agreement According to Policy Regarding Collateral for
(private road maintenance) for Anthony Navarro-Action Pursuit Paintball. The transportation
items, quantities, and unit costs appear to be adequate to complete the approach parking lot
and parking bumpers.
All other non-transportation items such as landscaping, trees, and seeding should be verified by
Planning Services prior to scheduling.
The Weld County Public Works Department recommends acceptance of the transportation
portion of the Exhibit A.
pc: USR-1413 M'.\PLANNING\USR\USR-1413.DOC
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Weld County Planning Department
GREELEY OFFICE
FEB 0 5 2004
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Date Tax
Opened: 03/08/04 Term: 6 Month(s) ID: 600-18-4155 Number: 100367
Certificate of Deposit Account Number: 100367
Amount of
Deposit: Twenty six thousand nine hundred eighty seven & no/100 $ 26, 987.00
This Time Deposit is Issued to: Issuer:
•
•
• ANTHONY NAVARRO New West Bank
TWO SIGNATURES REQUIRED 3459 West 20th Street STE 114
1846 FRONTIER ROAD Greeley, 80634
GREELEY CO 80634
Not Negotiable-Not Transferable-Additional terms are below. B
T ARWI
Additional Terms and Disclosures
This form contains the terms for your time deposit. It is also the Minimum Balance Requirement: You must make a minimum deposit to
Truth-in-Savings disclosure for those depositors entitled to one. There
are additional terms and disclosures on page two of this form, some of open this account of$ 1,000.00
which explain or expand on those below. You should keep one copy of
this form. is You must maintain this minimum balance on a daily basis to earn the
Maturity Date:This account matures 09/08/04 annual percentage yield disclosed.
(See below for renewal information.) Withdrawals of Interest: Interest ® accrued ❑ credited during a
Rate Information: The interest rate for this account is 1.600 % term can be withdrawn: with Bank's permission
with an annual percentage yield of 1.61 %. This rate will be
paid until the maturity date specified above. Interest begins to accrue on Early Withdrawal Penalty: If we consent to a request for a withdrawal
the business day you deposit any noncash item (for example,a check). that is otherwise not permitted you may have to pay a penalty. The
Interest will be compounded Daily . penalty will be an amount equal to:
Interest will be credited And Added Back to the CD One Month
Every 3 MONTHS interest on the amount withdrawn.
® The annual percentage yield assumes that interest remains on deposit Renewal Policy:
until maturity.A withdrawal of interest will reduce earnings. ❑ Single Maturity: If checked, this account will not automatically
® If you close your account before interest is credited, you will not renew. Interest ❑ will ❑ will not accrue after maturity.
receive the accrued interest. @ Automatic Renewal: If checked, this account will automatically
The NUMBER OF ENDORSEMENTS needed for withdrawal or any renew on the maturity date. (see page two for terms)
other purpose is: 1 . Interest ❑ will @ will not accrue after final maturity.
ACCOUNT OWNERSHIP: (select one and initial)
® Single Party Account TIN: 600-18-4155
❑ Multiple Party Account Social Security or Employer's I.D. Number: A correct
O Trust-Separate Agreement dated: taxpayer identification number is required for almost
❑ every type of account. A certification of this number is
• also required and is contained on the first copy of this
Rights at Death: (select one and initial) certificate.
❑ Single Party Account Backup Withholding - A certification that you are not
❑ Multiple Party Account with Right of Survivorship subject to backup withholding is necessary for almost all
accounts (except for persons who are exempt altogether).
❑ Multiple Party Account without Right of Survivorship This certification is contained on the first copy of this
❑ Single Party Account with Pay on Death form. Failure to provide this certification when required
❑ Multiple Party Account with Right of Survivorship and Pay on Death will cause us to withhold a percentage of the interest
earned (for payments to the IRS). Providing a false
Pay On Death Beneficiaries:To add Pay On Death Beneficiaries' certification can result in serious federal penalties.
name one or more:
ENDORSEMENTS-SIGN ONLY WHEN YOU REQUEST WITHDRAWAL
X
X
X Chairman of the Board of Weld County
0 1993 Bankers Systems,Inc.,St.Cloud,MN Form Co-AA- AZ- — C v f0 ) 'MirkTWO FOR ADDITIONAL TERMS
�i V CD-AA-LAZ-CO 111 10/12/2001 (page i o/2)
New West Bank
3459 W 20th St. , STE 114
Greeley, CO 80634
(970) 378-1800
OUR PRIVACY POLICY
You provide important information about yourself when you do
business with our financial institution. You're asked to provide
us with certain personal information that helps us give you
better service and complete your transactions more effectively.
The following privacy policies were developed to maintain the
security and confidentiality of your personal information. Please
read the following information carefully.
THE INFORMATION THAT WE COLLECT
We collect nonpublic personal information about you from the
following sources:
* Information we receive from you on applications and other
forms
* Information about your transactions with us
* Information about your transactions with nonaffiliated
third parties
* Information we receive from a consumer-reporting agency
THE INFORMATION THAT WE DISCLOSE
We do not disclose any nonpublic personal information about our
customer or former customers to anyone, except, as permitted by
law, such as,
* At your request, or to complete our transactions, including
sharing information with third parties we engage to help
deliver our services to you.
* With credit bureaus and others who ask for credit
references in accordance with customary business practices.
* Information that we disclose as a banking organization to
service providers, processors, regulatory agencies, bank
auditors and government requests, such as subpoenas.
CONFIDENTIALITY AND SECURITY
We restrict access to nonpublic personal information about you to
those employees who need to know that information to provide
products and services to you.
We maintain physical, electronic, and procedural safeguards that
comply with federal regulations to guard your nonpublic personal
information.
New West Bank
3459 West 20th Street STE 114
Greeley, CO 80634
TRUTH IN SAVINGS DISCLOSURE
FOR TIME ACCOUNTS
Terms following a ® apply only if checked. ❑ The interest rate will not be less than 96
Acct: 6 MONTH CERTIFICATE OF DEPOSIT or more than %.
Acct#: 100367 ❑ The interest rate will not
Date: March 08, 2004
® The interest rate and annual percentage yield stated below the interest rate initially disclosed to you.
are accurate as of the date printed above. If you would like more COMPOUNDING AND CREDITING:
current rate and yield information please call us at 13 Frequency-Interest will be
(970) 378-1800 compounded Daily
This disclosure contains the rules which govern your deposit Interest will be Paid quarterly
account. Unless it would be inconsistent to do so, words and added back to the certificate
phrases used in this disclosure should be construed so that the •
singular includes the plural and the plural includes the singular. 13 Withdrawal of Interest Before Maturity. The annual
N FIXED RATE: percentage yield assumes that interest remains on deposit until
® The interest rate for your account is 1.600 % with maturity. A withdrawal of interest will reduce earnings.
an annual percentage yield of 1.61 %. We will pay ❑ Required Interest Distribution. This account requires the
this rate until first maturity . distribution of interest and does not allow interest to remain in
❑ The interest rate and annual percentage yield for your the account.
account depend upon the applicable rate tier. We will pay El Effect on Closing an Account. If you close your account
these rates before interest is credited, you will not receive
the accrued interest.
❑ VARIABLE RATE: MINIMUM BALANCE REQUIREMENTS:
❑ The interest rate for your account is % 13 To Open the Account. You must deposit at least
with an annual percentage yield of %. $ 1,000.00 to open this account.
Your interest rate and annual percentage yield may change. ❑ To Obtain the Annual Percentage Yield Disclosed.
❑ The interest rate and annual percentage yield for your ❑ You must maintain a minimum balance of
account depend upon the applicable rate tier. The interest $ in the account each day to obtain
rate and annual percentage yield for these tiers may change. the disclosed annual percentage yield.
Determination of Rate: ❑ You must maintain a minimum average daily balance of
❑ At our discretion, we may change the interest rate on S to obtain the disclosed annual
your account. percentage yield. The average daily balance is calculated by
adding the principal in the account for each day of the period
❑ The interest rate for your account and dividing that figure by the number of days in the period.
The period we use is
BALANCE COMPUTATION METHOD:
( Daily Balance Method. We use the daily balance method to
calculate the interest on your account. This method applies a
❑ The fixed initial rate is not determined by this rule.
daily periodic rate to the principal in the account each day.
❑ The initial interest rate on your account
0 Average Daily Balance Method. We use the average daily
balance method to calculate interest on your account. This
method applies a periodic rate to the average daily balance in the
account for the period. The average daily balance is calculated
by adding the principal in the account for each day of the period
and dividing that figure by the number of days in the period.
Subsequent rates The period we use is
ACCRUAL OF INTEREST ON NONCASH DEPOSITS:
❑ Interest begins to accrue no later than the business day we
receive credit for the deposit of noncash items (for example,
• checks).
Frequency of Rate Change: Et Interest begins to accrue on the business day
C We may change the interest rate on your account
❑ Your initial interest rate will not change
you deposit noncash items for example, checks).
We may change the interest rate on your account at that time MATURITY DATE:
and thereafter. 13 Your account will mature on 09/08/04
Limitations on Rate Changes: ❑ Your account will mature in 6 MONTHS
❑ The interest rate for your account will not 0 We may accelerate the maturity or call this account, at our
by more than each . option,
ES: O1992 Bankers Systems,Inc.,St.Cloud,MN Form TSD-TIME 3/4/2002 (page 1 of 2)
MEMORANDUM
'ilk TO: Board of County Commissioners 3/10/04
COLORADO FROM: Chris Gathman - Planner II
SUBJECT: Acceptance of Collateral for USR-1413 (Action Pursuit
Paintball)
On March 10, 2004 we received collateral in the amount of Twenty-Six Thousand Nine-Hundred
Eighty Seven do 9}#er eellateral-for_.th _m rovements agreement (Private Road
Maintenanc for MF-603 (Buxman Estates Minor Subdivision .
To date the following On-Site improvements need to be completed:
Street grading & parking area estimate $ 2,408.00
Street base & gravel estimate $ 5,063.00
Street Paving (gravel surface) estimate $ 5,670.00
Bumpers estimate $ 746.00
Landscaping, trees & seeding estimate $ 13,100.00
Total Estimated Cost of Improvements and supervision $ 26,987.00
After review of the collateral by the Weld County Attorney, the Department of Public Works and
the Department of Planning Services, it has been determined that the amount of the agreement
will be sufficient to complete the work required for USR-1413 (Action Pursuit Paintball), and the
Department of Planning Services recommends acceptance of this Letter.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
2004-0842
PL i �7
FAX N0. :9703361513 Feb. 19 2004 12:04PM P1
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ry
a
4 3 (/i
Action Pursait Paintball LL.C
2017 9th sheet
Greeley, CO 80631
970-381-8188
2-19-04
Planning and Zoning,
Chris Gathman,
Action Pursuit Paintball L.L.C has turned in the collateral agreement with the county
concerning the funds for the landscaping. We would like to request an early release of
building permits so that we can finally get this project off the ground. We seem to be
getting stuck at every turn again and it is quite frustrating. Thank you for your time.
Sincerely,
Anthony Navarro
Owner
Action Pursuit Paintball L.L.C
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