HomeMy WebLinkAbout20043407.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE
CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR SITE PLAN REVIEW, SPR#366 -
OCON 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, on February 20, 2004, the Department of Planning Services staff approved a
Site Plan Review, SPR#366,for OCON Group, LLC,do John O'Connor, P. O. Box 903, Longmont,
Colorado 80502, for a Indoor and Outdoor Self Storage Facility on the following described real
estate, to-wit:
Lot 1, Block 3,Western Dairymen Cooperative; being
part of Section 10,Township 2 North, Range 68 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 OCON Group, LLC, do John O'Connor, with terms
and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Subdivision Bond AO30612 from Bond
Safeguard Insurance Company,through Bond Guarantee Group, Inc.,Colorado Springs, Colorado,
in the amount of$83,700.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Subdivision Bond 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 OCON Group, LLC, do John
O'Connor, be, and hereby is, approved.
2004-3407
PL1755
(r, = L „FA_ h_ - (cr()
IMPROVEMENTS AGREEMENT - OCON GROUP, LLC
PAGE 2
BE IT FURTHER RESOLVED that Subdivision Bond AO30612 from Bond Safeguard
Insurance Company, through Bond Guarantee Group, Inc., Colorado Springs, Colorado, in the
amount of$83,700.00, be and hereby is, accepted.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 29th day of November, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
. �J��!/vG WEVOUNg, COLORADO
IQ4I Robert D. Masden, Chair
we( ` lerk to the Board
William H. rke, Pro-Tem
Deputy Clerk to the Board
M. J. Ile
AP D AS T
David . Long
o my Attor ey
Glenn Vaad
Date of signature: /V - 7--CV
2004-3407
PL1755
a:411/1 MEMORANDUM
Wi`Pe. TO: Board of County Commissioners November 22, 2004
COLORADO FROM: Jacqueline Hatch
SUBJECT: SPR-366, OCON Group LLC
The Department of Planning Services received a surety bond and a change rider for the Private
Improvements Agreement for SPR-366 OCON Group LLC.
The collateral for the Improvements Agreement is in the amount of eighty three thousand seven
hundred dollars ($83,700.00) for on-site improvements.
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 on-site aspect required for SPR-366.
2004-3407
�� /
rre,a Cc;c
GG-,
in MEMORANDUM itN
TO: Jacqueline Hatch, Planne DATE: 09-June-2004
VII Q C. FROM: Peter Schei, P.E., Ci eer, Public Works Department
COLORADO SUBJECT: SPR-366 OCON Group, LLC (Site Plan Review) 5 .doc
Weld County Public Works Department has reviewed this Site Plan Review request. Comments made during this
phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining
application process.
Comments
❑ Public Works has reviewed the Improvements Agreement According to Policy Regarding Collateral for
Improvements.
u Costs appear to be adequate to complete the project. Public Works recommends acceptance of the transportation
portion of Exhibit "A."
❑ Planning Services should verify all other non-transportation items prior to scheduling.
Recommendation
❑ The Public Works Department recommends approval of this Site Plan.
The Planning Department may proceed with this case,with no restrictions by Public Works'
•PC: SPR-366 OCON Group,LLC(Site Plan Review)5 .doc
Email&Original: Planner
PC by Post: Applicant ."U&'.ln o✓
PC by Post: Engineer yt,b;
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pj IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this 26 ay of / ptu ,20 6 q by and
between the County of Weld, State of Colorado, acting through its Board of County Commissioners,
hereinafter called "County," and neh Ida eaonut> LLC 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:
L 0 I g,.pck 3 3Es}sate+ DtM *&EtJ Cabpeo-Pe !'EJ
ltc IJC1 ?Pra CST Sea.' c6a 1Or / nwrlsl-t'p L N-1Dca
RAris bS CAA. OP (Da P..M , W c Cou St/ 4)
WHEREAS,a Final Subdivision/Planned Unit Development(PUD)plat of said property,to be known
as 1? Awl Zest;Rao j(d(p has been submitted to the County
for approval, and
WHEREAS, relevant Sections of the Weld County Code provide that no Subdivision Final Plat,
Planned Unit Development Final Plat, or Site Plan shall be approved by the County until the Applicant has
submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements
shown on plans, plats and supporting documents of the Subdivision Final Plat, Planned Unit Development
Final Plat,or Site Plan,which improvements,along with a time schedule for completion,are listed in Exhibits
"A" and "B" of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and
approval of said Final Plat, the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in
connection with the design and construction of the Subdivision or Planned Unit Development
improvements listed on Exhibit "A," which is attached hereto and incorporated herein by
reference.
1.1 The required engineering services shall be performed by a Professional Engineer and
Land Sun-eyor registered in the State of Colorado,and shall conform to the standards
and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs,plans and profiles, estimates, construction supervision, and the submission
of necessary documents to the County.
1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision
or Planned Unit Development to the County for approval prior to the letting of any
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construction contract. Applicant shall furnish one set of reproducible "as-built"
drawings and a final statement of construction cost to the County.
2.O Rights-of-Way and Easements: Before commencing the construction of any improvements
herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights-of-
way and easements on all lands and facilities traversed by the proposed improvements.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or
Planned Unit Development improvements listed on Exhibit"A,"which is attached hereto and
incorporated herein by reference,according to the construction schedule set out in Exhibit"B"
which is also attached hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a Subdivision or Planned Unit Development is proposed
within three miles of an incorporated community located in Weld County or located
in any adjacent county, the Applicant shall be required to install improvements in
accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards at the time the
Subdivision or Planned Unit Development is proposed, the requirements and
standards of the County shall be adhered to. If both the incorporated community and
the County have requirements and standards,those requirements and standards that
are more restrictive shall apply.
3.2 Applicant shall employ, at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and
inspect, or to require testing and inspection of material and work at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems, water, gas, electric and telephone
services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed,
according to the terms of this Agreement,within the construction schedule appearing
in Exhibit "B." The Board of County Commissioners, at its option, may grant an
extension of the time of completion shown on Exhibit "B" upon application by the
Applicant subject to the terms of Section 6 herein.
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4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits, actions or claims of
every nature and description caused by, arising from, or on account of said design and
construction of improvements,and pay any and all judgments rendered against the County on
account of any such suit,action or claim,together with all reasonable expenses and attorney
fees incurred by County in defending such suit, action or claim whether the liability,loss or
damage is caused by, or arises out of the negligence of the County or its officers, agents,
employees,or otherwise except for the liability,loss,or damage arising from the intentional
torts or the gross negligence of the County or its employees while acting within the scope of
their employment. All contractors and other employees engaged in construction of the
improvements shall maintain adequate worker's compensation insurance and public liability
insurance coverage,and shall operate in strict accordance with the laws and regulations of the
State of Colorado governing occupational safety and health.
• (THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the
Applicant,streets within a Subdivision or Planned Unit Development may be approved by the
County as public roads and will be maintained and repaired by a Homeowners Association or,
in its absence,the owners of lots within the Subdivision or Planned Unit Development.
6.1 If desired by the County, portions of street improvements may be placed in service
when completed according to the schedule shown on Exhibit"B,"but such use and
operation shall not constitute an approval of said portions.
6.2 County may, at its option, issue building permits for construction on lots for which
street improvements detailed herein have been started but not completed as shown on
Exhibit "B," and may continue to issue building permits so long as the progress of
work on the Subdivision or Planned Unit Development improvements in that phase
of the development is satisfactory to the County; and all terms of this Agreement
have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit
Development and the filing of a Statement of Substantial Compliance, the
applicant(s) may request in writing that the County Engineer inspect its streets and
recommend that the Board of County Commissioners partially approve them. Not
sooner than nine months after partial approval, the County Engineer shall, upon
request by the applicant,inspect the subject streets,and notify the applicant(s)of any
deficiencies. The County Engineer shall reinspect the streets after notification from
the applicant(s) that any deficiencies have been corrected. If the County Engineer
finds that the streets are constructed according to County standards, he or she shall
recommend full approval. Upon a receipt of a positive unqualified recommendation
from the County Engineer for approval of streets within the development,the Board
of County Commissioners shall fully approve said streets as public but with private
pay.
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7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One-
Hundred percent (100%) of the value of the improvements as shown in this
Agreement. Prior to Final Plat approval,the applicant shall indicate which of the five
types of collateral preferred to be utilized to secure the improvements subject to fmal
approval by the Board of County Commissioners and the execution of this
Agreement. Acceptable collateral shall be submitted and the plat recorded within six
(6)months of the Final Plat approval. If acceptable collateral has not been submitted
within six(6)months then the Final Plat approval and all preliminary approvals shall
automatically expire. Applicant may request that the County extend the Final Plat
approval provided the cost estimates are updated and the development plans are
revised to comply with all current County standards, policies and regulations. The
improvements shall be completed within one(1) year after the Final Plat approval
(not one year after acceptable collateral is submitted) unless the applicant(s)
requests that this Agreement be renewed at least thirty (30) days prior to its
expiration and fitrther provides that cost estimates for the remaining improvements
are updated and collateral is provided in the amount of One-Hundred percent
(100%) of the value of the improvements remaining to be completed. If
improvements are not completed and the agreement not renewed within these time
frames, the County, at its discretion, may make demand on all or a portion of the
collateral and take steps to see that the improvements are made.
7.2 The applicant may choose to provide for a phased development by means of
designating filings of a Planned Unit Development Final Plat or Subdivision Final
Plat. The applicant would need only to provide collateral for the improvements in
each filing as approved. The County will place restrictions on those portions of the
property that are not covered by collateral which will prohibit the conveyance of the
property or the issuance of building permits until collateral is provided or until
improvements are in place and approved pursuant to the requirements for a Request
for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits "A" and "B."
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution
on a form approved by Weld County. The Letter of Credit shall state at least the
following:
8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred
percent(100%)of the total value of the improvements as set forth in Section
6.0 and Exhibits "A" and "B."
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County
if the developer has not performed the obligations specified in the
Improvements Agreement and the issuer has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
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8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the •
unreleased portion of the Letter of Credit shall be equal to a minimum of
One-Hundred percent (100%) of the estimated costs of completing the
uncompleted portions of the required improvements,based on inspections of
the development by the issuer. In no case shall disbursement for a general
improvement item exceed the cost estimate in the Improvements Agreement
(i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the
Letter of Credit will sign the Improvements Agreement acknowledging the
agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total
Letter of Credit amount cannot be drawn upon and will remain available to
Weld County until released by Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
Letter of Credit shall be either the date of release by Weld County of the
final fifteen percent(15%),or one year from the date of Final Plat approval,
whichever occurs first. Said letter shall stipulate that, in any event, the
Letter of Credit shall remain in full force and effect until after the Board has
received sixty(60)days written notice from the issuer of the Letter of Credit
of the pending expiration. Said notice shall be sent by certified mail to the
Clerk to the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property
acceptable to the Board of County Commissioners provided that the following are
submitted:
8.2.1 In the event property within the proposed development is used as collateral,
an appraisal is required of the property in the proposed development by a
disinterested Member of the American Institute of Real Estate Appraisers
(M.A.I.)indicating that the value of the property encumbered in its current
degree of development is sufficient to cover One-Hundred percent(100%)of
the cost of the improvements as set forth in the Improvements Agreement
plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been
accepted as collateral by Weld County, then an appraisal is required of the
property by a Member of the Institute of Real Estate Appraisers (M.A.I.)
indicating that the value of the property encumbered in its current state of
development is sufficient to cover One-Hundred percent(100%)of the cost
of the improvements as set forth in the Improvements Agreement plus all
costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
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8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the
amount specified in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for
improvements as specified in the agreement and for no other purpose and
will not release any portion of such funds without prior approval of the Weld
County Board of Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank or financial
institution.
8.3.4 If Weld County determines there is a default of the Improvements
Agreement,the escrow agent,upon request by the County,shall release any
remaining escrowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of
Colorado in an amount equivalent to One-Hundred percent (100%) of the value of
the improvements as specified in the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of
the value of the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a
portion of the project by Weld County,the Applicant must present a Statement of Substantial
Compliance from an Engineer registered in Colorado that the project or a portion of the
project has been completed in substantial compliance with approved plans and specifications
documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during the
course of construction and the construction plans utilized are the same as those
approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation Schedule for minimum materials sampling,testing and
inspections found in the Colorado Department of Transportation(CDOT)Materials
Manual.
9.3 "As built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project "as-built" is in
substantial compliance with the plans and specifications as approved, or that any
material deviations have received prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by a
letter of acceptance of maintenance and responsibility by the appropriate utility
company, special district or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall indicate
if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction
plans.
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9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of approval of the streets by the County, the applicant(s) may
request release of the collateral for the project or portion of the project by the Board.
This action will be taken at a regularly scheduled public meeting of the Board.
9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"in
the amount of fifteen percent (15%) of the value of the improvements as shown in
this Agreement excluding improvements fully accepted for maintenance by the
responsible governmental entity, special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon final approval by the
Board of County Commissioners.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a
rezoning, Subdivision or Planned Unit Development, requires the dedication, development
and/or reservation of areas or sites other than Subdivision or Planned Unit Development
streets and utility easements of a character, extent and location suitable for public use for
parks, greenbelts or schools, said actions shall be secured in accordance with one of the
following alternatives, or as specified in the Planned Unit Development (PUD)Plan,if any:
10.1 The required acreage as may be determined according to the Weld County
Subdivision Regulations shall be dedicated to the County or the appropriate school
district,for one of the above purposes. Any area so dedicated shall be maintained by
the County or school district.
10.2 The required acreage as determined according to Chapter 24 of the Weld County
Code, may be reserved through deed restrictions as open area, the maintenance of
which shall be a specific obligation in the deed of each lot within the Subdivision or
Planned Unit Development.
10.3 In lieu of land,the County may require a payment to the County in an amount equal
to the market value at the time of Final Plat submission of the required acreage as
determined according to Chapter 24 of the Weld County Code. Such value shall be
determined by a competent land appraiser chosen jointly by the Board and the
Applicant. The cash collected shall be deposited in an escrow account to be
expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal
representatives, successors and assigns of the Applicant, and upon recording by the County,
shall be deemed a covenant running with the land herein described,and shall be binding upon
the successors in ownership of said land.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day
and year first above written.
APPLIC
APPLI ANT:
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IIILE: "+�
Subscribed and sworn to before me this .Z 0 day of Aft- / / , 20j1±. ,owiuneya,
My Commission expires: c�: t::,s.--LO,' ����-� ': ;5. e _
otary Public o
O 3 2 ✓r- OC 3 -):?. C.a
TLL/�I!/e/ BOARD OF COUNTY COMMISSIONERS y
B61 Q WELD COUNTY, COLORADO
O elf Coil C k to the Board .
Robert D. Masden , Chair
BY: � 1 f/� �'� 11/29/2004
eputy Clerk to the Board
APPROVED AS TO FORM: l { (R(4-ix Q
t unty A mey U
Page 8 of 12
coy-3Ve7
FROM•: ASSOC IRTED_CONSTRUCTION PHONE NO. : 303 678 7777 Jun. 08 2004 10:37RM P2
.EQ- GiQa.4'
EXHIBIT°A"
Name of Subdivision
or Planned Unit Development: S t* p—AN V t W 31=1O
Filing: ` , t ` /� `o
Location: tats ll9 1.�1Fst_f] l..ntl bst l .bLs_k o
Intending to be legallybound,the undersigned Applicant hereby agrees to provide throughout this Subdivision
or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply) e
= e ca
Improvements Quantity Units Unit Estimated _aE o
Costs Constmction Cost a'0 0
Sitegrading %Cs Oea rs•
Street grading N •50b, - a
Street base 350 O CO co
ir.
Street paving I S CC —0 O
Curbs,gutters,and culverts —
Sidewalk
=0
s�
Storm sewer facilities N o
Retention ponds —ea o
Ditch Improvements mem_
Subsurface drainage —a to
r
Sanitary sewets to or-r '
Trunk and forced lines `j aNa o
Mains —0)P
Laterals house connected) 5-OO
On-site sewage facilities
On-site water supply and storage
Water Mains(includes bore) CI COCA
Fire hydrants 7 I sob a 6nQ
Survey and street monuments and boxes I fl n!"1
Street lighting y
Street Names 00
Fencing requirements
Landscaping i 2c3 cac20
Park improvements
Road culvert Z5OO
Grass lined swale
Telephone 12-00
Gas
ILDD .. . ..
Electric 2S00
Water transfer
SUB-TOTAL: *�R —4-OO•at
Engineering and Supervision Costs$ # mod•CA
(Testing,inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 53 3 OO fia
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Page 9of12
•
Said improveme a pleted according to the construction schedule set out in Exhibit"B."
'•
t
C J <
U <
Applicant
v�, �G1
,,, • ;..
'E� Date: L '207 _
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
•
111111111111111111111111111111111111111 III 111111 III III
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Page 10 of 12
EXHIBIT "B"
Name of Subdivision
or Planned Unit Development: Std %RINI \ - -1;E.vu 3(gio
Filing:
Location: -kW to t Iq LA ii C> Wlw1a" Cn
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision
or Planned Unit Development the following improvements.
All improvements shall be completed within _SIyears 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.)
Improvements Time for Completion
I
Site grading o
3 mb.. S
Street base —
Street paving —
0
Curbs, gutters, and culverts
Sidewalk -- m 0
Storm sewer facilities — a-U o
Retention ponds It
- o
Ditch improvements �32
Subsurface drainage = d
Sanitary sewersCO
Trunk and forced lines rncw S c.;o
Mains - o
Laterals (house connected) (e mot 5 —mimi
-o�
On-site sewage facilities imm.N I=1
On-site water supply and storage — =r
Water mains 4,•tiNenekt4 S -r CO
Fire hydrants (�relWMn y —r!T
Survey and street monuments and boxes =, o
Street lighting -0
Street name signs �} MONA.S
Fencing requirements
Landscaping 1 2monJAA+S.
Park improvements 12n.o4 S
Road culvert
Grass lined swale
Telephone ._
Gas nn 5
Electric
Water Transfer Lo it'b" 'S
SUB-TOTAL: `y
Page 11 of 12
The County, at its option, and upon the request of the Applicant,may g-ant an extension of time for
completion for any particular improvements shown above, upon a showing by the Applicant that the above
schedule cannot be met.
By. ()„.„,
_ e
Applicant /\ ;
Date: 20 bid'.
Title
(If corporation, to be signed by President and attested to by Secretary,together with corporate seal.)
11111111111111111111111111111111111111 III 11111111111
3245458 12/20/2004 02:06P Weld County, CO
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Page 12 of 12
ALIEN 11111 11111111111111131111 III 111111 III IIII
3245458 12/20/2004 02:06P Weld County, CO
. 13 of 16 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
SUBDIVISION BOND
Bond No. AO30612
KNOW ALL MEN BY THESE PRESENTS: That we
OCON Group,LLC.
Address P.O. Box 903
Longmont,CO 80502 as principal,and
Bond Safeguard Insurance Company
Address 1919 S. Highland Ave.Building A,Suite 300
Lombard,IL 60148 a corporation existing
under and by virtue of the laws of the State of IL and authorized to do business in the State of Colorado, as surety,
are held and firmly bound under Weld County, a municipal corporation of the State of Colorado, in the penal sum of
Sixty Thousand Seven Hundred Dollars and 00/100($60,700.00) dollars, the payment of which well and truly to
be made, and each of us bind ourselves, our and each of our heirs, executors, administrators, successors and assigns
jointly, and severally, firmly by these presents.
NOW THEREFORE,the condition of the above obligation is such that:
WHEREAS, the above bounden principal is the owner of and/or is interested in or developing land and
premises known as Hwy 19,Weld County,Colorado,Siteplan Review#366
WHEREAS, said subdivision is subject to the provisions and conditions of the ordinance of Weld County
known as the Subdivision Ordinance, which ordinance inter alia requires the installation of various street and other
improvements by said principal;and
HBO 11111 11111 104111 111111 III 111111 I I 11111
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WHEREAS, under said Subdivision Ordinance the said principal in Weld County, Colorado is required "as part of
his responsibility"to install and construct the following improvements:
Site grading,Sanitary Sewer,Water Mains,Landscaping,etc.-as described in Exhibit"A"
NOW THEREFORE, if the above bounden principal shall well and truly install and construct the said
described improvements and facilities perform the work hereinabove specified to be performed, all on or before the
ilt° of October , 2005 , then this obligation shall be null and void, otherwise this obligation shall remain in full
force and effect.
IN WITNESS WHEREOF,these presents have been executed this 111b day of October , 2004 .
OCON Grou LC.
• ci
/74"—A.--•
13th October
Subscribed and sworn to before me this day of
03-25-06Y
My Commission Expires No Public
Surety Bond Safeguard Insurance Company,^
N ety)
By
Darren N.Doucet. Attorney-in-Fact
`ttttt 11111yfff
D OE
Subscribed and sworn to11p��jpie�lhis., day of��COD rev ,A 0o`f-
g 2l•0(g
My Commission Expires 'nt'; PUBLIC F!rr�A-y Public
t/ ./."-------------
iiiiOtrCOOO�` Bond Processed By Colorado Resident Agency:
-BOND GUARANTEE GROUP,INC)
Surety&COec
awroawWsc • �(Flmrn. oeow
• POWER OF ATTORNEY AO 30612
Bond Safeguard INSURANCE COMPANY
KNOW ALL MEN BY THESE PRESENTS, that BOND SAFEGUARD INSURANCE COMPANY,an Illinois Corporation with its
principal office in Lombard,Illinois,does hereby constitute and appoint:
Darren N. Doucet. Kara D DeCoste,
its true and lawful Attomey(s)-In-Fact to make,execute,seal and deliver for,and on its behalf as surety,any and all bonds,undertakings or a
at
other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of BOND _p
SAFEGUARD INSURANCE COMPANY on the 7th day of November,2001 as follows: —0
Resolved,that the President of the Company is hereby authorized to appoint and empower any representative of the Company or = a
other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds,undertakings,policies,contracts of indemnity
or other writings obligatory in nature of a bond not to exceed $500,000.00, Five Hundred Thousand Dollars, which the Company might
v,
execute through its duly elected officers,and affix the seal of the Company thereto. Any said execution of such documents by an Attorney- m
In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the _3
Company. Any Attorney-In-Fact,so appointed,may be removed for good cause and the authority so granted may be revoked as specified in
the Power of Attorney. am va
—C
a C
Resolved,that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney —0
granted,and the signature of the Vice President,and the seal of the Company may be affixed by facsimile to any certificate of any such power __
and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so =o
executed and sealed and certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue a w
to be valid and binding on the Company. —w
par
IN WITNESS THEREOF, BOND SAFEGUARD INSURANCE COMPANY has caused this instrument to be signed by its ,r—
i
President,and its Corporate Seal to be affixed this 7th day of November,2001. a rD3.
—..4..
(7.--300
-\O INSUp O
o� \zcc,� BOND SAFEGUARD INSURANCE COMPANY —�,
AN o
2 ILLINOIS
m INSURANCE
COMPANY / r
BY
David E. Campbell
President
ACKNOWLEDGEMENT
On this 7th day of November,2001, before me,personally came David E. Campbell to me known,who being duly sworn, did
depose and say that he is the President of BOND SAFEGUARD INSURANCE COMPANY,the corporation described in and which executed
the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said
corporation. ' J
"OFFICIAL SEAL" LG�^G`� J� / /
MICHELE K0LLER /7/14422,
��J/J v�
Notary Public,State of Illinois
My Commission Expires 08128107 Michele Koller
. Notary Public
CERTIFICATE
I, the undersigned, Secretary of BOND SAFEGUARD INSURANCE COMPANY,An Illinois Insurance Company, DO HEREBY
CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy,is in full force and effect and has not been
revoked and the resolutions as set forth are now in force.Signed and Sealed at Lombard, Illinois this I 1-11/1/4... Day of Q ,20(}f
�,CD
PpD INSU /24.4.264/1
I J
eOq7C"� I /�2D2 DonaldD. Buchanan
� Secretary
1321461141151811111/21101,2100114111101211:0161,11 iiiiii iit
i iiiii le iiii
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CHANGE RIDER
To be attached to and form part of Bond No. AO30612
It is hereby mutually agreed and understood by the Principal, OCON Group. LLC and Bond Safeguard Insurance
Company as Surety, that the Bond Penalty on this bond has been changed to the following:
From: Sixty Thousand Seven Hundred Dollars and no/100($60,700.00)
To: Eight-Three Thousand Seven Hundred Dollars and no/100($83,700.00)
Nothing contained herein shall vary, alter, waive or extend any of the terms, limits, or conditions to the bond,
except as set forth above.
This Rider becomes effective on the 11m day of October. 2004, at twelve and one minute o'clock a.m., Standard
Time.
Signed this 1't day of November. 2004.
OCON Gro
GL----
0 onner (Principal)
Bond Safe d Insurance Company
By. 1
Darren N. Doucet, Attorney-in-Fact (Surety)
Bond Processed By Colorado Resident Agent
S
♦\BOND GUARANTEE GROUP,INC
Su Springs,
p 6 CO.
0 PIhy t(MI)
Colorado enM1g4ca.nw.:I>fNMdrY
4
tjaillii‘4L-3/4 • •
CLERK TO THE BOARD
• PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242
P. O. BOX 758
C. •
GREELEY, COLORADO 80632
COLORADO
June 24, 2009
BOND SAFEGUARD INSURANCE COMPANY
1919 S HIGHLAND AVE, BUILDING A, SUITE 300
LOMBARD, ILLINOIS 60148
RE: Subdivision Bond and Change Rider#AO30612 for OCON 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 Subdivision Bond and Change Rider.
As you are aware, on 11th day of October, 2004, Bond Safeguard Insurance Company, issued a
• Subdivision Bond and Change Rider on behalf of OCON Group, LLC., naming the Board of County
Commissioners of Weld County as beneficiary. The dollar amount of the Subdivision Bond and Change
Rider was established at Eighty-three Thousand Seven Hundred Dollars and no/100 ($83,700.00).
The terms of the Subdivision Bond and Change Rider do not list a termination date. If the bond expires,
you must replace it.
If you have any questions regarding this letter or your obligations under the Subdivision Bond and
Change Rider, 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 my your/
if/h. C
Donald D. Warden �'Y" f j tazt4—
Clerk to the Board P/o9. - �L2Q e
etc .c) `"
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By. eputy Cle�to t e Board /" ).2 OOO a�
pc OCON Group, LLC afl
G�lk Aditt
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so that we can return the card to you. B. Received by(Printed Name). C. Date of Delivery
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D. Is delivery address different torn Item 1? O Yes
1. Article Addressed to: If YES,enter delivery address below: O No
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4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number 7pp5 1820 0003 5225 1997
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PS Fonn 3811,February 2004 Domestic Return Receipt 102595-O24-1540:
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