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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 • 1 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. Etta$7/01120911 1 MAWrltU\WtNDnAfl ATE 1 111111 1111 11111 1111111111111111111111 III VIII 1111 IIII 3166788 04/01/2004 11:13A Weld County, CO 1 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 • 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. 2 • Nola esnt/aala naw1811.s0m.4700A lttYwYt 1 111111 !HUM 111111 11111111 111111 iii 11111 lilt lilt 8 04/01/2004 11:13A 2 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • • 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 • 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. 3 tevindnil aN2 M1Wrarr.r9twarnullNw7E i 111111 11111 11111 1111111 1111 1III 1111111 III 1111 IIII I'll 3166788 04/01/2004 11:13A Weld County, CO 3 of 12 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 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. 4 Raised na aae allwnpd9dW aArotwarvwra 1111111 11111 11111 11111111I1I 11111111111 III 111111I1I I11I 3166788 04/01/2004 11:13A Weld County, CO 4 of 12 R 0.00 D 0.00 Steve Moreno Clerk b Recorder 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. 5 Zeit..astwrnaen a uvrart.auwLrcourslvA7n: 11101 11111 11111 111110 'I'I IIII I(IIIII III VIII IIII III 3166788 04/01/2004 11:13A Weld County, CO 5 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. 6 newels»vases Miovren tionomMflWAfl AIM 11111 11111 EOM IIII IIII 1111111 III 11111 IIII IIII 3166788 04/01/2004 11:1M Weld County, CO 6 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. 7 m..r.rrr/trun ee1w? turevireimesuvar! • 1111111 11111 IIIII IIIIIII IIII IIII 1111111 III 11111 I'll 11II 3168788 04/01/2004 11:13A Weld County, CO 7 of 12 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 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: • 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 8 simmyrnasyI uourva7; • 1111111 11111 11111 1111111 1111 IIII 1111111 III 11111 IIII IIII 3168788 04/01/2004 11:13A Weld County, CO 8 of 12 R 0.00 0 0.00 Steve Moreno Clerk& Recorder °7oc5/._ ,%;' • 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 • 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 • 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 111111111111111111111111111111111111111111111111111111 3166788 04/01/2004 11:13A Weld County, CO 9 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • • 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.) • • • • • 10 Minted a Intalet NAW?VILES% APIt1VATE 1111111111111110 1111111111111111111111 III INHERE 3166788 04/01/2004 11:13A Weld County, CO 10 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • 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 Stmt liahtine Streetname sisals fenciva requirements r.a tscan June 30, 2004 rat isregovementn Road culvert Grass lined await • Telephone • • Gas Water Transfer SUB-TOTAL; saws 11 a sIwrsutatwtnnrureritivraor ATE 111111111111111111111111111111111111111III111111III1111 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.) • • • • 12 Ravine etmnees amwrntamwareuAnuvAn • 1111111 11111 11111 1111111 IIII 11111111111 III 111111 III III I 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 f€€ tt Weld County Planning Department GREELEY OFFICE FEB 0 5 2004 -2— ti - O L RECEIVED S SvtLE C (Lt,S C, r .' rt) L.1/4,1 r_ P D c- Z`51o`l _ .�L o, sc.>>Sc r) , eta L:.S .(5 c Li-1 o C? .v-LvV i3`( UL,:-- 5 c_fuN IA N L,L, L-t-3 CPaS , T -t-k.- 6 i.i c. r\.nO I_c -_,AC 2.}CC-S cv+ ✓titi,--1 D, G , t •"t C✓a'vq£lit-\ 5 4\c''''' :"L- "f— -1 z1 i.- cwr.ti Fc_4aJP,Tlc:i--\ c>";-- CLilt Plsvt(-_.N./v , r..-1 j2 Q Ls-7-1u,, -co "i0'tti A-'t C ,--‘, Lc_J;1 c.n• o i- •+-F i-r, Ca 1.rw rcii 0 SS'c.;1£5 7 r •-i t- ct C (4& 5 , nt pu✓t 7 OIL vcc(VG Pxz & P f�-✓c-F/'r-- . Sd...LT\ N r.t C.tl3o2S , l-1'w E..J4..'C t w -'Vn-\ FYvt O C ,x•c n c tl. 4..1y t i. 7-AC- 1 r107-0 c--C7,'L. 7ti.,.r-\.s V __ rte. C crw-‘. Cz ✓ .CC NC inUh (-9V.vAS J .T -.) -L‘,-- t.-%CC Q L C,J- Ti f.-t L? LyP L I,h„7;c_NU,w -y-z CS t- a C 2L " ' ("N 3 ,c , S NJ U� ,,,C-S S " \ -c c S c✓—z i,L .,,L;.-sni it-v r-s ,,.b., 3n S C wr,v'tecc;._ c c � LYI.---v1z.'WLLc S't in—C e<<�--4--1 i z tJ nNa a 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 ]l 11> VU 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 Hello