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Home My WebLink About20041513.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#369 - LANOGA CORPORATION, DBA UNITED BUILDING CENTER 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 Marcy 17,2004,the Department of Planning Services staff approved a Site Plan Review, SPR#369, for Lanoga Corporation, dba United Building Center, do Craig Zollner, Branch Manager, 1130 7th Avenue, Greeley, Colorado 80631, for construction of a building materials center with an outside storage yard on the following described real estate, to-wit: Lot B of Amended Recorded Exemption#763, being further described as part of Section 19, Township 6 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 Lanoga Corporation,dba United Building Center,with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Subdivision Bond #104321500 from Travelers Casualty and Surety Company of America, One Tower Square, Hartford, Connecticut 06183, in the amount of$140,707.00, 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 Lanoga Corporation,dba United Building Center, be, and hereby is, approved. 2004-1513 PL1723 (10. i 74) FI_(c0) 06 J7 ell IMPROVEMENTS AGREEMENT - LANOGA CORPORATION, DBA UNITED BUILDING CENTER PAGE 2 BE IT FURTHER RESOLVED that Subdivision Bond#104321500 from Travelers Casualty and Surety Company of America, One Tower Square, Hartford,Connecticut 06183, in the amount of$140,707.00, be and hereby is, accepted. The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 26th day of May, A.D., 2004. BOARD OF COUNTY COMMISSIONERS WE D CO NE, COLORADO Miald4o4 EL Robert D. Masden, Chair �� Clerk to the Board y. �� 361 William H. J e, Pro-Tern Jerk to the Board �j _eta,_eta,U M. J. Gei e D AS TO FO EXCUSED David E. Long �•'my At orney a 4 U� Glenn Vad Date of signature: toQ "©� • 2004-1513 PL1723 Wei( it Planning Department 4 MEMORANDUM 'OFFICE 2004 WIVCTO: Board of County Commissioners DATE: May 11, 2004 COLORADO FROM: Kim Ogle, Planning Manager'`' SUBJECT: Site Plan Review# 369 Lanoga Corporation dba United Building Center Dale Kukowski and Tom Larson, Applicants The Department of Public Works has reviewed the Improvements Agreement according policies regarding collateral for Improvements (Private Road Maintenance)and the estimated cost appears to be adequate for the transportation portion of the parking areas as stated in their memorandum dated May 5, 2004. The Weld County Public Works recommends acceptance of the transportation portion of the Exhibit A for SPR-369. The Department of Planning Services has determined that the amount of the agreement will be sufficient to complete the non-transportation work required for the new office and warehouse facility and recommends acceptance of this Surety Bond. On May 10, 2004, the Department of Planning Services received a Subdivision Bond, (Bond Number 104321500)from the Travelers Casualty and Surety Company of America, One Tower Square, Hartford CT 06183 in the amount of One hundred forty thousand seven hundred seven (140,707) and no/100s dollars for Dale Kukowski, Vice President of Lanoga Corporation dba United Building Center, case number SPR-369. Items covered under this Bond include: Site Grading October 31, 2004 $ 76567.00 Street Paving October 31, 2004 $ 24600.00 Sidewalk October 31, 2004 $ 3000.00 Retention Ponds October 31, 2004 $ 9183.00 On-Site Sewage Facilities October 31, 2004 $ 4600.00 Fencing October 31, 2004 $ 13770.00 Landscaping Requirements October 31, 2004 $ 7500.00 Engineering and Supervision $ 0.00 Total Estimated Cost of Improvements and supervision $ 140707.00 The Weld County Attorney, the Department of Public Works and the Department of Planning Services, have determined that the amount of the agreement will be sufficient to complete the work required for an office and warehouse facility located at Lot B of AmRE-763; being part of the E2 NE4 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado with a situs address of TBD CR 39, Lucerne, CO, and the Department of Planning Services recommends acceptance of this Subdivision Bond, (Bond Number 104321500)from the Travelers Casualty and Surety Company of America, One Tower Square, Hartford CT 06183. 10- Weld County Planning Department GREELEY OFFICE , it MEMORANDUM RE ; g ' ' D CTO: Kim Ogle, Planner III DATE: May 5, 2004 FROM: Donald Carroll, Engineering Administrator DI • COLORADO SUBJECT: SPR-369, United Building Corporation I have reviewed the Improvements Agreement According to Policies Regarding Collateral for (private road) Maintenance on Site Improvements. The transportation items all appear to be adequate to complete the project. I have verified site grading, base, asphalt items, culvert requirements, and storm water drainage. All other non-transportation items such as on site sewage facility, fence requirement, and landscaping should be verified by Planning Services prior to scheduling. pc: Peter Schei, Engineering SPR-369 M:\PLANNING-DEVELOPMENT REVIEW\SPR-Site Plan Review\SPR-369.DOC 2004-1513 REVARD CONSTRUCTORS & MANAGERS, INC. 31099 WCR 41 GREELEY, CO 80631 970-352-1112 Weld County Planning Department FAX: 970-353-4617 GREELEY OFFICE MAY 1 0 2004 I o { LETTER OF TRANSMITTAL RECEIVED DATE: S lip PROJECT NO. TO: K m GC_ PROJECT TITLE: WE TRANSMIT: ( X) HEREWITH ( ) UNDER SEPARATE COVER VIA COPIES DATE NO. DESCRIPTION \pct.icrr,e.rl'a PtVCc'4er,� BOc . IF ENCLOSURES ARE NOT AS NOTED,PLEASE INFORM US IMMEADIATLY. FOR YOUR: (x)APPROVAL ( ) REVIEW AND COMMENT ( ) INFORMATION ACTION REQUIRED: ( )SIGN& RETURN ALL COPIES TO THIS OFFICE ( )SIGN,RETAIN YOUR COPY AND RETURN THE REMAINDER TO THIS OFFICE (X) PROCESS AS REQUIRED REMARKS: BY: -P/ JOHN E. REVARD, PRESIDENT h� IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) THIS 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 called"County,@ and Lanoga Corp dba United Building Centers 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: LOT B OF RE0803-19-1 AMRE 763, SECTION 19,TOWNSHIP 6N,RANGE 65 WEST Also known as 32825 wcr 39,Lucerne,CO WHEREAS,a Final Subdivision/Planned Unit Development(PUD)plat of said property,to be known as 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 AA@ and AB@ 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: 1A) 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 AA,@ 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. 11111111111111111IIIIIIIIRIIII111111III11111IIIIVIII 3190543 06/18/2004 11:10A Weld County, CO 1 of 12 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 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 construction contract. Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the County. 2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights-of- way and easements on all lands and facilities traversed by the proposed improvements. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit Development improvements listed on Exhibit AA,@ which is attached hereto and incorporated herein by reference,according to the construction schedule set out in Exhibit AB@ 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 AB.@ The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit AB@ upon application by the Applicant subject to the terms of Section 6 herein. 11111111111111111 111111 111111 IIII DIE III 11111 1111 IIII 3190543 06/18/2004 11:10A Weld County, CO 2 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 2 of 12 — ....�orovm.e....,o.. ....m.,,.oco�r�....�m.m.��......�wa..� 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 AB,@ 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 AB,@ 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 teens 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 fmds 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. 1 111111 11111 11111 1111111111 1111 111111 111 11111 1111IIII 3190543 06/18/2004 11:10A Weld County, CO 3 of 12 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Page 3 of 12 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 applicants) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further 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 AA@ and AB.@ 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 puccut (100%)of the total value of the improvements as set forth in Section 6.0 and Exhibits AA @ and AB.@ 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. V11111 1111 11111 111111 111111 IIII 111111 III 11111 I11I III1 3190543 06/18/2004 11:10A Weld County, CO 4 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 8.1.3 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 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. 1111111 11111 11111 111111 1111111111 111111 III 111111111 1III 3190543 06/18/2004 11:10A Weld County, CO 5 of 12 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred percent (100%) of the amount specified in the Improvements Agreement. 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 fmancial 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. I IIIIII Hill 11111 11111111111 1111 111111 III Hill 1111 IIII 3190543 06/18/2004 11:10A Weld County, CO 6 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction plans. 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£mal 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(MID)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. APPLICANT: Lanoga Corporation 1 111111 11111 11111 111111 111111 III' 1111111111111111111111 3190543 06/18/2004 11:10A Weld County, CO 7 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder APPLICANT: 0,27at Ao....64(2,.....c_i TITLE: Tom Larson, Vice President Subscribed and sworn to before me this 21st day of April ,20 04 . My Commission expires: 1/31/05 Notary Public f3@ABCIONO NOTARY PUBLIC-MINNESOTA WINONA COUNTY My Commission Expires Jana 31,2005 ATTEST: / E o BOARD OF COUNTY COMMISSIONERS !�' / La WELD COUNTY,COLORADO Weld County Clerk to the B•461 •.€`g1 la,. \�Q-i-,� W e 2 ^ %r. .. �7 ),-------• 05/26/04 ,Chair e putt'Clerk to the Board % • hl APPROVED AS TO FORM: County Attom Mill 1111111111lilt 111111111111111 III H11111111111 3190543 06/18/2004 11:10A Weld County, CO 8 of 12 R 0.00 0 0.00 Steve Moreno Clerk 8 Recorder Page 8 of 12 EXHIBIT AA@ Name of Subdivision or Planned Unit Development: Filing: Location: 32825 WCR 39,LUCERNE,CO; LOT B OF RE0803-19-1 AMRE 763,S19,T6N,R65W Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply) Improvements Quantity Units Unit Estimated Construction Costs Cost Site grading 1 LS 76567 76567 Street grading Street base Street paving 1 LS 24600 24600 Curbs,gutters,and culverts Sidewalk 1 LS 3000 3000 Storm sewer facilities Retention ponds 1 LS 9183 9183 Ditch Improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities 1 LS 4600 4600 On-site water supply and storage Water Mains(includes bore) Fire hydrants Survey and street monuments and boxes Street lighting Street Names Fencing requirements 1 LS 13770 13770 Landscaping 1 LS 7500 7500 Park improvements Road culvert Grass lined swale Telephone Gas Electric Water transfer SUB-TOTAL: Engineering and Supervision Costs$ 0- (Testing, inspection, as-built plans and work in addition to preliminary and fmal plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $140,707.00 11111 11111 11111111111111111111 I11111 III 11111 1111111 3190543 06/18/2004 11:10A Weld County, CO 9 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 1 111/11111111 11111 1/6/11 111111 nn MITI m 111111l1tiilt 3190543 06/18/2004 11:10A Weld County, CO 10 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 10 of 12 The above improvements shall be constructed in accordance with all County requirements and specifications,and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit AB.@ By: Lanoga Corporation Applicant #E% Applicant Tom LArson, Vice President Date: April 21 20 04 . Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) Attested: 140+.1?e.:4t,, t•APOR �`r Dale Kukowski, Vice President O rO$ t o oRATE ' �� vita) ; 1, 111111111111111111111111111111III 111111111111111 III IIII 3190543 06/18/2004 11:10A Weld County, CO 10 of 12 R 0.00 O 0.00 Steve Moreno Clerk 8 Recorder Page 10 of 12 EXHIBIT AB@ Name of Subdivision or Planned Unit Development: Filing: Location: 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 years from the date of approval of the final plat. Construction of the improvements listed in Exhibit AA@ shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading 10/31/2004 Street base Street paving 10/31/2004 Curbs,gutters,and culverts Sidewalk 10/31/2004 Stone sewer facilities Retention ponds 10/31/2004 Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities 10/31/2004 On-site water supply and storage Water mains Fire hydrants Survey and street monuments and boxes Street lighting Street name signs Fencing requirements 10/31/2004 Landscaping 10/31/2004 Park improvements Road culvert Grass lined swale Telephone Gas Electric Water Transfer SUB-TOTAL: 111111111111 11111 111111 1111111111 HIE III 111111111 IIII 3190543 06/18/2004 11:10A Weld County, CO 11 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 11 of 12 • The County,at its option,and upon the request of the Applicant,may grant 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: Lanoga Corporation Applicant SAIAC—> Applicant Tom Larson, Vice President Date: April 21 20 04 . Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) Attested k' L �'`•RP•p_% ii% Dale Kukows i, Vice President p r�0le • , ‘ 4*Nritte ` ,,,,,,, 1 I1111I 11111 VIII 111111 111111 III1111111 III 111111 III 11II 3190543 06/18/2004 11:10A Weld County, CO 12 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 12 of 12 Subdivision Bond Travelers Casualty and Surety Company of America One Tower Square, Hartford,CT 06183 Bond No. 104321500 KNOW ALL MEN BY THESE PRESENTS, that we Lanoga Corp dba United Building Centers, as Principal, and Travelers Casualty and Surety Company of America, of Hartford, Connecticut, authorized to do business in the State of CO, as Surety, are held and firmly bound unto County of Weld,State of Colorado 915 10th St. Box 758 Greeley, CO 80632, as Obligee, in the sum of One hundred forty thousand seven hundred seven Dollars ($140,707), lawful money of the United States of America,for which payment well and truly to be made we bind ourselves, our heirs, executors and assigns,jointly and severally,firmly by these presents. THE CONDITIONS OF THIS OBLIGATION IS SUCH THAT, if the above bounden Principal shall in all things stand to and abide by, and well and truly keep and perform, all covenants, conditions and agreements contained in an Agreement with the said Obligee as is more specifically set forth in said Agreement, to which reference is hereby made and more fully described below: Agreement dated April 21, 2004 for a subdivision entitled LOT B of RE0803-19-1 AMRE 763, SECTION 19,TOWNSHIP 6N, RANGE 65 WEST Also known as 32825 wcr 39, Lucerne, CO, Resolution No._, Block_, Lot(s) IT IS FURTHER UNDERSTOOD AND AGREED that the period of this bond shall be from April 1,2004 to October 31, 2004. The Surety's liability is limited to claims made during the term of the bond and shall not exceed in the aggregate the penal sum of the bond specified herein. This bond will not respond to any liability which arises from design, maintenance or efficiency guarantee OPGORP094i�� , SIGNED, SEALED AND DATED this 3rd day of May, 2004. i 6pp r� 2i • Lanog Corp dba United Building ;en rtE Y By: // �-f� t� j�T j rt �t Dale ukowski, Vice President, Princip-%,`M/ Eg*t=- Travel: s asualty a \! �ty Company of America By: ( `� — -- — Da• ein, Attorney ' -F t S-5339(01-00) CORPORATE ACKNOWLEDGEMENT STATE OF MINNESOTA COUNTY OF WINONA On this 4th day of May in the year 2004 before me Steven Edward Badciong ,Notary Public, personally appeared Dale Kukowski personally known to me (or proved tome on the basis of satisfactory evidence)to be the person(s)who executed this instrument as Vice President on behalf of the corporation herein named and acknowledged to me that the corporation executed it;that he(she)knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of the said corporation, and that he(she)signed his(her) name to the said instrument by like order. ' STEVEN EDWARD BADCIONG otary Public,Residing at Wyr•na C.unty NOTARY PUBLIC.MINNESOTA NJnnesota WINONA COUNTY My Commission Exphes Jan.31.2005 ommissionExpires: January 31, 2005 SURETY ACKNOWLEDGEMENT(An-IN-FACT) STATE OF MINNESOTA COUNTY OF HENNEPIN On this 3rd day of May in the year two thousand and four,before me, Gloria S. Carlson,a Notary Public in and for said County and State,residing therein, duly commissioned and sworn,personally appeared Dan Stein,known to me to be the duly authorized Attorney-in-Fact of the TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA and the same person whose name is subscribed to the within instrument as the Attorney-in-fact of said Company, and the said Dan Stein duly acknowledged to me that he subscribed the name of the TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA thereto as Surety and his own name as Attorney-in-fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this Certificate first above written. My Commission Expires: 7 ^ & Notary Public /"", GLO R s ., f ,� 1 \� Mvco ,IGNE) [ O\Wt\Y✓WT/NN/.N\:�VNnN.r:Y.b V V.^e:V 9 • TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Dartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Donald W. Harer, Barbara G. Sands, Dan Dohse, Dan Stein, Gloria Carlson, Joy Bombardo, Sara Range, Ruthann Burford, Paul J. Gregoire, Brian J. Oestreich, Sarajane Trapp, John M. Small, Judith A. Seidl, Lisa M. Slakes, Teresa M. Henry, Gina Banks Eanes, Jill M. Howe, Frank Phillips, Barbara Byrne, Catherine Bruneteau,Janet C. Lamoureux, Stephanie J. Watts, Barbara K. Bussen, Mark S. Costello, Kathy Burgoyne,Jenna Halonen, Brent McBeath, of Minneapolis, Minnesota; Brookfield, Wisconsin; Omaha, Nebraska; West Des Moines, Iowa, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President, any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President,any Vice Chairman, any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any pan of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is fled in the office of the Secretary. VOTED: That any bond, recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when (a)signed by the President,any Vice Chairman,any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile s ignature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (1 t-00 Standard) Travelers IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act'). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism- related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. ILT-1018(2/03) Hello