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Home My WebLink About20040637.tiff RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE), AND OFF= SITE ROAD IMPROVEMENTS AGREEMENT FOR WCR 29, AUTHORIZE CHAIR TO SIGN BOTH AGREEMENTS, AND ACCEPT TWO FORMS OF COLLATERAL FOR MINOR SUBDIVISION FINAL PLAN, MF #603 - BUXMAN 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 July 16, 2003, the Board of County Commissioners approved a Minor Subdivision Final Plan, MF #603, for Harold and Doris Buxman, 14441 Weld County Road 66, Greeley,Colorado 80631,and Don and Lisa Buxman,2478 North 35th Avenue,Greeley,Colorado 80634,known as Buxman Estates Minor Subdivision,on the following described real estate,to-wit: Lot B of Amended Recorded Exemption#2339,being part of the W1/2 SW1/4 of Section 21, Township 6 North, Range 66 West of 6th P.M., Weld County, Colorado WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance)and an Off-Site Road Improvements Agreement between the County of Weld, State of Colorado,by and through the Board of County Commissioners of Weld County,and Harold and Doris Buxman, 14441 Weld County Road 66, Greeley, Colorado 80631, and Don and Lisa Buxman,2478 North 35th Avenue, Greeley, Colorado 80634,with terms and conditions being as stated in said agreements, and WHEREAS, the Board has been presented with a Letter of Agreement from Colorado Community Bank of Greeley, P.O. Box 336130, Greeley, Colorado 80633, in the amount of $65,500.00, and WHEREAS,the Board has been presented with Escrow Instructions from Transnation Title Insurance Company, 1295 Main Street,Building 1,Windsor,Colorado 80550,detailing an Escrow Account, in the amount of $4,375.00 per Lot, with terms and conditions being as stated in said instructions, and WHEREAS, after review, the Board deems it advisable to approve said agreements and accept said Letter of Agreement and Escrow Instructions 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(Public Road Maintenance)between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County,and Harold and Doris Buxman, 14441 Weld County Road 66, Greeley, Colorado 80631, and Don and Lisa Buxman, 2478 North 35th Avenue, Greeley, Colorado 80634, be, and hereby is, approved. 2004-0637 PL1635 00 Pt-, �iJ /91,ii - 71=-7 IMPROVEMENTS AGREEMENT AND OFF-SITE ROAD AGREEMENT FOR WCR 29 - BUXMAN PAGE 2 BE IT FURTHER RESOLVED that the Letter of Agreement from Colorado Community Bank of Greeley,P.O.Box 336130,Greeley,Colorado 80633,in the amount of$65,500.00,be and hereby is, accepted. BE IT FURTHER RESOLVED that the Escrow Account established with Transnation Title Insurance Company, in the amount of $4,375.00 per Lot, be, and hereby is, accepted. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 1st day of March, A.D., 2004. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO gel) � fL - ti ATTEST: � � .��/:�: �� I V"�h R . ' �' �� Robert D. Masden, Chair Weld County Clerk to it -.� a p,.eBY: �i ` 4 I William H. Jer , Pro-Tem Deputy Clerk to the Boa M. J. G ile APP D AS T EXCUSED David . Lon ty Attocn S Glenn V� Date of signature: /F 2004-0637 PL1635 117 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this /C day of Mak), ,200y,by and between the County of Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter called"County,"and Don and Lisa Buxman and Harold and Doris Buxman, 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 AMRE-2339; Pt. of the W2SW4 of Section 21,Township 6 North, Range 66 West WHEREAS,a final Subdivision Plat of said property,to be known as Buxman Estate 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 Improvements 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 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. 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. Before acceptance of the roads within the Subdivision or Planned Unit Development by the County, 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. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 1 111111 11111 Mil 111111 1111 11111 LIE I I 11111 1111 I I I I 3162117 03/16/2004 12:04P Weld County, CO 1 of 12 R 0.00 13 0.00 Steve Moreno Clerk& Recorder 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"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. 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. 5.0 Off-Site Improvements Reimbursement Procedure: The subdivider,applicant,or owner may be reimbursed for off-site road improvements as provided in this section when it has been determined by the Board of County Commissioners that the road facilities providing access to the Subdivision or Planned Unit Development are not adequate in structural capacity,width,or functional classification to support the traffic requirements of the uses of the Subdivision or Planned Unit Development. 5.1 The subdivider, applicant, or owner shall enter into an off-site improvements agreement prior to recording the final plat when the subdivider,applicant,or owner expects to receive reimbursement for 1111110111011111011110 0111111111101 01111111011 3162117 03/16/2004 12:04P Weld County, CO 2 of 12 R 0.00 O 0.00 Steve Moreno Clerk& Recorder part of the cost of the off-site improvements. 5.2 The off-site improvements agreement shall contain the following: The legal description of the property to be served. The name of the owner(s) of the property to be served. A description of the off-site improvements to be completed by the subdivider,applicant,or owner. The total cost of the off-site improvements. The total vehicular trips to be generated at build-out by the Subdivision, Resubdivision,or Planned Unit Development, as specified by the ITE Trip Generation Manual,or by special study approved by the Board of County Commissioners. A time period for completion of the off-site improvements. The terms of reimbursement. The current address of the person to be reimbursed during the term of the agreement. Any off-site improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements. 5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement, the opportunity to obtain reimbursement under this section is forfeited. 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a Subdivision,Resubdivision,or Planned Unit Development will use a road improvement constructed under an improvements agreement,the subsequent subdivider,applicant,or owner shall reimburse the original subdivider, applicant,or owner, for a portion of the original construction cost. In no event shall the original subdivider, applicant, or owner collect an amount which exceeds the total cost of improvements less the pro rata share of the total trip impacts generated by the original development. Evidence that the original subdivider, applicant, or owner has been reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the Department of Planning Services prior to recording the Subdivision, Resubdivision,or Planned Unit Development Final Plat. 5.5 The amount of road improvement costs to be paid by the subsequent subdivider,applicant,or owner of a Subdivision,Resubdivision,or Planned Unit Development using the road improvements constructed under a prior improvement agreement will be based upon a pro rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of nonresidential developments intended to use the road improvement. The amount of road improvement costs shall also consider inflation as measured by the changes in the Colorado Construction Cost Index used by the Colorado Division of Highways. The cost of road improvements may be paid by cash contribution to the prior subdivider,applicant or owner,or by further road improvements which benefit the prior subdivider,applicant,or owner's property. This decision shall be at the sole discretion of the Board of County Commissioners based upon the need for further off-site road improvements. 5.6 The report entitled TRIP GENERATION (Third Edition, 1982) of the institute of Transportation Engineers shall normally be used for calculating a reasonable pro rata share of the road improvement construction costs for all Subdivisions, Resubdivisions, or Planned Unit Developments. A special transportation study shall be used for land uses not listed in the ITE Trip Generation Manual. Any question about the number of trips a Subdivision, Resubdivision,or Planned Unit Development will generate shall be decided by the County Engineer. 5.7 The term for which the subdivider,applicant,or owner is entitled to reimbursement under the off-site improvements agreement,entered into between the subdivider and the County,is ten years from the date of execution of a contract for road improvements. 5.8 This provision is not intended to create any cause of action against Weld County or its officers or INDIUM 11111 111111 IIII 11111 1111111 III BRIM IIII 3162117 03/16/2004 12:04P Weld County, CO 3 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder employees by any subdivider,applicant,or owner for reimbursement,and in no way is Weld County to be considered a guarantor of the monies to be reimbursed by the subsequent subdividers,applicants,or owners. 6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following procedures by the Applicant,streets within a Subdivision or Planned Unit Development may be accepted by the County as a part of the County road system and will be maintained and repaired by the County. 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 acceptance 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 are 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 the streets and recommend that the Board of County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets,curbs and gutters,and related street improvements. Not sooner than nine months after acceptance for partial maintenance of streets, 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 shall recommend acceptance of the streets for full maintenance. Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of streets within the development,the Board of County Commissioners shall accept said streets as public facilities and County property, and shall be responsible for the full maintenance of said streets including repair. 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 final 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. An 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 accebtable collateral is submitted)unless the abblicant(s)requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further brovides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of One-Hundred bercent (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 Plan or Subdivision Final Plan. The applicant would need only to 111111111111111111111111111111111111111III IIIII Mill 3162117 03/16/H04 12.04P Weld County, CO 4 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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." The costs of the improvements described in Exhibit"A"will be adjusted higher or lower for the year and quarter in which the contemplated work is being performed based on "The State Highway Bid Price Index" contained in the "Quarterly Cost Report" of The Engineering News-Record as published by The McGraw-Hill Companies. The applicant has provided cost estimates for all phases of the development which will be adjusted in accordance with The State Highway Bid Price Index at the time of posting of collateral for each phase. 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 to 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. 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 1111111 11111 11111 111111 IIII RIME III 11111 Ell IIII 3162117 03/16/2004 12:04P Weld County, CO 5 of 12 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 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: 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 the State of 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(CDOT) Schedule for minimum materials sampling,testing and inspections found in 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 1111111 11111 IMAM IIII 11111 1111111 III 11111 110 IIII 3162117 03/16/2004 12:04P Weld County, CO 6 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 Sections 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 acceptance of the streets for partial maintenance 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 acceptance by the Board of County Commissioners for full maintenance under Section 5.3 herein. 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 plan,if any: 10.1 The required acreage,as may be determined by relevant Sections of the Weld County Code,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 by relevant Sections 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 by relevant Sections 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. 11111111111 Mil HIM 1111111111111111III III!! 11111111 3162117 03/16/2004 12:04P 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. Don Buxman,APPLICANT: Der. Lisa Buxman,APPLICANT/S c`r //` Harold Buxman,APPLICANT: / Doris Buxman,APPLICANT: . �i jyy/ eAt/ Subscribe and sworn to before me this 0713 day of .9,,A.c,,,,_ , 20O}I. My Commission expues: , Notary Public 9jF <?a` 411 ( QVL �- ATTEST: BOARD OF COUNTY COMMISSIONERS �-_` WELD COUNTY, COLORADO ilt 'ii i E t `` (\`�(�1 '1�1 Weld County Clerk to t rBo (k.ett , Robert '�DDD. Masden, ,Chair 3/1/2004 ^:SH !i g BY: / '`d Citt `, _ Deputy Clerk to th-. N siv 7 APPROVED AS TO FORM: 1 'Z _.„...-c County At me 111111111111 111111111111111111111111111 III Mill IIII 3162117 03/16/2004 12:04P Weld County, CO 8 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 8 EXHIBIT"A" Name of Subdivision or Planned Unit Development: BUXMAN ESTATES Location: North of and adjacent to WCR 66; East of and adjacent to WCR 29 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 Street grading Street base Street paving $50,000 Curbs,gutters,and culverts Sidewalk Stone sewer facilities Retention ponds Ditch Improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply and storage Water Mains (includes bore) Fire hydrants Survey and street monuments and boxes Street lighting Street Names $500 Fencing requirements Landscaping $10,000 Park improvements Road culvert Grass lined swale Telephone Gas Electric Water transfer SUB-TOTAL: $60,500 Engineering and Supervision Costs$5,000 (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 $ 500.00 11111111111111111111111111111111111111III III /III /III 3162117 03/16/2004 12:04P Weld County, CO 9 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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"B." �By:' L en�• /Applicant . Applicant t} Applicant I 7 / 5 c /� -/ Date: t_ 1`-7k 9 , 20 1 Applicant 111111111111111111111111111111111111111 tailing 1111111!Ill! 3162117 03/16/2004 12:04P Weld County, CO 10 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2 EXHIBIT"B" Name of Subdivision or Planned Unit Development: BUXMAN ESTATES Location: North of and adjacent to WCR 66;East of and adjacent to WCR 29 All improvements shall be completed within___1 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.) Improvements Time for Completion Site wading Street grading Street base Dec. ,2003 Street paving At final house completion Curbs,gutters,and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains I aterals(house connected) On-site sewage facilities On-site water supply and storage Dec. ,2003 Water mains Fire hydrants Survey and street monuments and boxes August, 2003 Street lighting Street name signs Fencing requirements Landscaping July 2004 Park improvements Road culvert Grass lined swale Telephone Oct,2003 Gas Dec.,2003 Electric Oct,. 2003 Water transfer SUB-TOTAL: 111111111111111111111111111111111111111III111111 III IIII 3162117 03/16/2004 12:04P Weld County, CO 11 of 12 R 0.00 O 0.00 Steve Moreno Clerk& Recorder 3 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: VIA L&C nn ✓vwa,^_ Applicant LAS-e.t4)t) Applicant n rs__ ©, ar - Applicant n i p q1 a�Date: 20 (T ) / Applicant / HBO 11111 11111 11111 I I I1111111111111111111111 III III I 3162117 03/16/2004 12:04P Weld County, CO 12 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 4 0 OFF-SITE ROAD IMPROVEMENTS AGREEMENT AGREEMENT FOR IMPROVEMENTS TO WCR 29 THIS AGREEMENT is made and entered into this tsi day of ,;,- 20 D/ by and between Don and Lisa Buxman and Harold and Doris Buxman, developers of Buxman Estates, hereinafter referred to as "Developer", with addresses of 2478 N. 35th Avenue, Greeley, CO 80634 and 14441 WCR 66, Greeley, CO 80631 and the County of Weld, State of Colorado by and through the Board of County Commissioners of Weld County, Colorado, hereinafter referred to as "County" with offices located at 915 10th Street, Greeley, Colorado 80631. WITNESSETH: WHEREAS, the Developer has obtained approval for a Site Specific Development Plan and Subdivision Final Plat for the Buxman Estates Minor Subdivision hereinafter referred to as the "Development", and WHEREAS, WCR 29 from State Highway 392 south a distance of 4185.84 feet to the north side of Lot A of RE-2339 hereinafter referred to as "the Road" will need paving, in part, due to the increased traffic generated by the Development, and WHEREAS, WCR 29 abuts a portion of Buxman Estates and Sunshine Lane will use WCR 29 for access to the Development, and WHEREAS, the average daily trips anticipated from Buxman Estates will constitute 35% of the traffic on the Road, and WHEREAS, the proportional costs of paving the Road attributable to the traffic generated by the lots in the Development using the Road, is estimated to be $4375.00 per lot. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, 1. TERM A. If the County has not completed paving of WCR 29 within ten (10) years of the date of this Agreement, then all obligations of the Developer hereunder shall terminate, and any funds held in escrow shall be returned, with any accrued interest, to the Developer, and neither Developer nor the land within the IIII IIIII 1111 III IIIII IIII IIII iAiJ'4'' lLAI'J" 12:04PWeCounty, 00.00 Steve Moreno Clerk 8 Recorder Development nor any owner of land within the Development shall have any obligation for payments described in this Agreement. If the County has completed the road pavement improvements within said time, then this Agreement shall continue until Developer has completed the payments set forth hereinafter. 2. OBLIGATIONS OF THE COUNTY A. Weld County plans to pave, within ten years of the date first written above, the Road at a current estimated total cost of $100,000. The paving improvements are anticipated to be for 12 foot travel lanes with 4 foot shoulders designed in accordance with generally accepted engineering practices but the actual design shall be at the discretion of Weld County. B. Design, construction, and maintenance of this portion of Road shall be the responsibility of the County. C. Weld County must pave the road within ten years of the date first written above or forfeit all rights to land development charges described in paragraph 3 below which are the obligation of the Developer whether already in escrow or remaining to be paid. D. Weld County shall perform a final accounting once paving is complete and may collect from the escrow account up to the maximum amount described in paragraph 3 below, or 35% of the total cost of the intended improvements for paving WCR 29 whichever sum is the lesser. If additional traffic is generated prior to paving WCR 29, such that the percentage of traffic generated by the development is less than 35%, the County shall adjust the percentage charged to the developer proportionately. Any amount, which must be collected from the developer, which is not paid within 45 days of the final accounting, shall be assessed interest in the amount of 1% per annum. 3. OBLIGATION OF THE DEVELOPER A. The Development's estimated share of the Intended Improvements is the amount of$4375.00 per lot. The actual amount to be determined in accordance with paragraph 2.D and 3.C. 111111 IIIII 1111111 IIIII 3162118 03/16/2004 12:04P Weld County, CO 2 of 6 R 0.00 D 0.00 Steve Moreno Clerk&C Recorder B. The Developer agrees to escrow monies as follows: At the sale of each lot by the Developer to a third person, the sum of $4375.00 shall be escrowed. The escrow account shall be set up according to paragraph 4 herein. C. The Developer shall not be released from this obligation unless Weld County does not pave the Road within the time frame set forth in paragraph 2.C. herein. In no event shall Developer's obligation under this Agreement exceed $35,000 provided that such figure shall be subject to adjustment to a higher or lower figure based upon the change in index cost figures from the first quarter of the 2003 to the year and quarter in which the paving work is being performed based on "The State Highway Bid Price Index" contained in the Quarterly Cost report of The Engineering News-Record as published by The McGraw-Hill Companies for construction equivalent to the Intended Improvements. D. If at the time payments are to be made from escrow, not all of the lots have been sold by Developer to a third person, then Developer shall thereafter pay to the County the sum of $4375.00 (subject to any adjustments as provided elsewhere in this Agreement in the final amount of Developer's share) at the time each remaining lot is sold, and if at the sale of the final lot, the full Developer's share has not been satisfied, then Developer shall pay the balance of Developer's share within 45 days after the sale of the last lot in the Development to a third person. This obligation on unsold lots shall be secured by a deed of trust with the Board of County Commissioners as beneficiary. Developer may assign this obligation for payment to the County to a third person who acquires title to one or more lots in the Development, and such third person shall be fully bound there, and Developer shall be relieved of any responsibility for completion of payments to the County following such assignment if the County consents to such assignment which assignment shall not be unreasonably withheld. 4. ESCROW AGREEMENT The parties shall enter into a mutually agreeable escrow agreement, with a financial institution or other entity acceptable to both parties acting as escrow agent. In addition to any other terms, the escrow agreement shall, at a minimum, provide that the funds to be placed into the escrow when fully funded shall be $100,000, subject to adjustments as above-provided, and that the escrow agent agrees to disburse the funds in accordance with the terms of this Agreement, and will not release funds to any party other than Weld County without 1111111 BMW IIII111111111111IIIVI11IIIII'll 3162118 03/16/2004 12:04P Weld County, CO 3 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder the prior written approval of the Developer and the Weld County Board of County Commissioners. 5. SEVERABILITY If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such provision to the extent that this Agreement is then capable of execution within the original intent of the parties hereto. 6. NO THIRD PART BENEFICIARY ENFORCEMENT It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties receiving services of benefits under this Agreement shall be an incidental beneficiary only. 7. MODIFICATION AND BREACH This Agreement contains the entire agreement and understanding between the parties to this Agreement and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, notation, renewal, or other alteration of or to this Agreement, shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in writing by the undersigned parties. No breach of any term, provisions, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto, or waiver of, a breach by any other party, whether express or implied, shall not constitute a consent to waiver, or excuse for any other different of subsequent breach. 8. NO WARRANTY Neither County nor Developer, by virtue of their entering into this Agreement and upon their promises to perform the work described herein, make warranties, either express or implied, that the improvement work and/or maintenance of these roads meet standards other than those generally required for counties and cities of the size and type similar to Weld County. 1 111111 RH Mil 1111 1111 1111111 III 11111 1111 I I I I 3162118 03/16/2004 12:04P Weld County, CO 4 of 6 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 9. BINDING This agreement shall be binding on the heirs, successors, and assigns of the parties. 10. FEES IN THE EVENT OF DEFAULT If a party wrongfully refuses to consent to release of funds from escrow or is in default of any other obligation of the party, then the other party shall be entitled to recover its attorney fees and costs incurred as a result of such breach. IN WITNESS WHEREOF the parties hereto have signed this Agreement this 7 day of YAi j, 200$(`' Don Buxman ✓ Cisa Buxm�ci `� Harold Buxman `L°``1 Doris Buxman The foregoing signatures were acknowledged before me this 7 day of 7/tdta0x , 20Q4< My commission expires k- 2`.t Witness my hand and Seal. `r'NOTARY. fi Notary Public r • �.� • °I • PUBLIC �f�hq OF`O\-0 MUM 11111 (IIII HIV BI NH IMO III 11111 IIII IIII 3162118 03/16/2004 12:04P Weld County, CO 5 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • COUNTY OF WELD, STATE OF COLORADO, by and through the Board of County Commissioners of Weld County By:V k\\\'2 - 03/01 /2004 Robert D. Masden,� ��Chair Date '>tiau/ eilE La By: l L Deputy Clerk to the B. " ''' �` '• 0 APPR� VED By: County orney Date 1 1111 111118 111111 1111 11111 1111111 111 11111 1111 lit d County, CO 6 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 3OD y-a,S Colorado Community Bank of Greeley P.O. Box 336130 Greeley, CO 80633 Phone: (970) 330-6090 Phone Banking: (970) 587-5203 Fax: (970) 330-7819 www.coloradocommunitybank.com January 20, 2004 Weld County Planning Aepertment GREELEY OFFICE Lee Morrison JAM 2 2 2004 Weld Street Co Attorney RECEIVED 915 10ththStreet Greeley, Co 80631 Re: Buxman Estates Account Dear Mr. Morrison; This letter is to confirm your approval of the Don Buxman Account #10301353 that has $65,500.00 available for the completion of improvements on the Subdivision known as Buxman Estates. Specifically, the terms are as follows: 1) The funds will be used for the following purposes and amounts: Curbs, gutters, and culverts $50,000 Fencing requirements $500 Landscaping $10,000 County(Engineering and supervision) $5,000 SEE EXHIBIT"A" 2) It is agreed that no funds will be released on this account without prior written approval from the Weld County Commissioners for these improvements. 3) Two signatures will be required on any funds to be disbursed, a bank officer and Don Buxman. If you agree to the above conditions,please acknowledge below with your signature and return to our office. erely fP Dennis D ugh y Vice Pres ,?cry-G6 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year first above written. Don Buxman,APPLICANT Lisa Buxman, APPLICANTh Harold Buxman, APPLICANT • Doris Buxman, APPLICANT ale-1 Subscribed and sworn to before,:77 ... , ;!p of January, 2004. My commission expires: .1%OTAR Y' I �� / r . rr , I�t/ i otary Pub is lc ATTEST: BOARD OF COUNTY COMMISSIONERS doa . , WELD COUNTY, COLORADO LtiaaM a � s 4,1 Weld County Clerk to e :grea9 Robert D. Masden Chair 03/01/2004 Sr. 4° "" BY to to t h T� 1100e\ I� Deputy Clerk th- � APPROVED AS TO FORM: County A)tomey o Poy-D63% . Colorado Camunity Bank of Greeley ACCOUNT 6222 W 9TH ST P.O. Box 336130 NUMBER 010301353 Greeley, CO 80634 (970)330-6090 ACCOUNT OWNERISJ NAME a ADDRESS CON BURN (OWNERSHIP OF ACCOUNT-CONSUMER(Select Ons and Initial): BLEMAN ESTATES 0 Sin le-Pert Account4737 W 9TH Sr RD g Y0 Trust-Separate Agreement GRF',7r'7.yry CO 80631 E8 Multiple-Party Account 0 Other RIGHTS AT DEATH (Select One And Initial): 0 Single-Party Account a Multiple-Party Account With Right of Survivorship 0 Multiple-Party Account Without Right of Survivorship 0 Single-Party Account With Pay On Death U NEW 0 EXISTING ❑ Multiple-Party Account With Right of Survivorship TYPE OF a CHECKING 0 SAVINGS end Pay On Dsath ACCOUNT PAY- NaTATH n eat IAnIES:To Add Pay-On-Dash Bentdrlas Name One or More: ❑ MONEY MARKET O CERTIFICATE OF DEPOSIT ❑ NOW ❑ This is your(check one): FREE FOR LIFE a Permanent ❑ Temporary account agreement. Number of signatures required for withdrawal ' 2. FACSIMILE SIGNATURE(S)ALLOWED? 0 YES EXNO OWNERSHIP OF ACCOUNT-BUSINESS PURPOSE `X i ] ❑ SOLE PROPRIETORSHIP 0 PARTNERSHIP SIGNATURE(S) -The undersigned agree to the terms stated on every page of this form and acknowledge receipt of a completed copy.The ❑ CORPORATION: 0 FOR PROFIT ❑ NOT FOR PROFIT 0 undersigned further authorize the financial Institution to verify credit and employment history and/or have a credit reporting agency BUSINESS: prepare a credit report on the undersigned, as Individuals. The COUNTY&STATE undersigned also acknowledge the receipt of a copy and agree to the OF ORGANIZATION: terms of the following disclosure(s): AUTHORIZATION DATED: 0 Deposit Account 0 Funds Avallablity ❑ Privacy 0 Electronic Funds Transfer 0 Truth in Savings DATE OPENED Dec. 8, 2003 By SUPERVISOR 0 INITIAL DEPOSIT s 0.00 [ �(./IIT` 63.34/••••••••••"' ] 0 CASH ❑ CHECK 0 HOME TELEPHONER (970)356-3710 (t> BUSINESS PHONE Of DON BUX AN DRIVER'S LICENSE a I.D. 0 523-04-7574 D.O.B. Feb. 5, 1959 E-MAIL EMPLOYER / MOTHER'S MAIDEN NAME (2): Name and address of someone who will always know your location:_ MAX ELLIS tn.. 521-60-8.69 D.G.B. Nov. 24, 1947 BACKUP WITHHOLDING CERTIFICATIONS (3)' L v. ] TIN: 523-04-7574 DENNIS ar dt;4- ES TAXPAYER I.D.NUMBER-The Taxpayer Identification Number LE. * 585-42-63.4 D.O.B. Set). 26, 1955 shown above(TIN) is my correct taxpayer identification number.a BACKUP WITHHOLDING - I am not subject to backup r 7 withholding either because I have not been notified that I am (4): J subject to backup withholding as a result of a failure to report all interest or dividends, or the Internal Revenue Service has notified me that I am no longer subject to backup withholding. I.D. A D.O.B. 0 EXEMPT RECIPIENTS - I am en exempt recipient under the AGENCY(POWER OF ATTORNEY)DESIGNATION (Optional):To Add Internal Revenue Service Regulations. Agency Designation To Account, Name One or More Agents: SIGNATURE: I certify under penalties of perjury the statements checked In this sect nd that I am a U.S.person(including a U.S.resident alien). X t / /Ll` 03 (Select One end Initial): ❑ Ayercy Designation Survives Disability a Inoapecity of Parties (Date) �.L� 0 Agency Designation Terminates on Disability or Ircyedty of Parties a.c, rt, 01992 Bankers Ss/slams.Inc..St Cloud.MN Farm MPSC.LA2-CO 11/18/2000 (ogre f of 2) TERMS AND CONDITIONS OF YOUR ACCOUNT gent. RIGHTS IG AT a DEATH is le and convincing evidence of a dife ferent AGREEMENT-This document, along with any other documents we give you intent. s - the epb-Py's state, -At the death of Account With pertaining to your as) with lsh is a contract that establishes rules wich ownership passes as part of party's saute. Multiple-party r With control your accauntlsi us, Right of Survivorship - At death of party, ownership passes to surviving This agreement is subject to applicable federal laws and the laws of the parties. If two or more parties survive and one is theparty,surviving state or Colorado {except to the extent that this agreement deceased party,the amount to which the deceased spouse spouse.Me can and does death, was beneficially ntitled by law belon eof h wing e before very such rules or laws'. The body oT state and federal law that govern.our two or more9a to the wvivde ant, if relationship with you, however, is too large and complex to be reproduced amount parties survive and none 1, the spouse of the decedent,seah. Las here.The purpose of this document Is to: to which the law belongs party, immediately ivng lee deem, was 11) summarize some laws that apply to common trenaactbns; beneficially a titled by to the surviving partiesequal shares. {2) establish rules to cover transactions events which the law MuMole-Party ownership Without Right of Survivorship • At in eath of party, does not regulate; ordeceased party's ownershi (3) establish rules for certain transactions Sin le• P passes a part at deceased dtl of estate. or events which the law n Party Account designate pay-on-deathh Desig -At s of and party. regulates but permits variation by agreement and ownership passes to the designated beneficiaries and is not (4) give you disclosures of some of our policies to which you may part of the party's state, Multiple-Party Account With Right of Survivorship entitled or in which you may be interested. be and Pesyto tDart'. Designation port - At death of last surviving party, ownership theif any provision of this document is found to be unenforceable according passes to the designated pay -death beneficiaries and is notto its terms, all remaining provisions will continue in full forte and effect. W lest surviving party's estate. dividends,part of its may permit some variations from our standard agreement,but we must agree BUSINESS ACCOUNTS on co l Earnings funds,un in the form th interest,provided byor credits to any variation in writing either on the signature card for your account of in will be paid only on require th collected unless otherwise legal a atl law or our some other document. policy. We may the governing body of the entity opening the As used n this document the words we," 'our,' and "us' mean the account to give us a separate authorization telling us who is authorized to act financial institution and the words you' and 'your" mean the account on its behalf. We will honor the authorization until we actually hoidens'and anyone else with the authority to deposit,withdraw, or exercise notice of a change from the governing body of the legal entit .receive written control over the funds in the account, The headings in required TOP PAYMENTS • You must make any, atop-payment order in the manner convenience or reference only end will not g this document are for by law and we must receive it in time to give us a reasonable provisions. Unless it would b inconsistent to do°o,Ole aeend phrasesion of the used opportunity to act on it before our stop-payment i this document should be construed so the singular includes theyour stop-payment sel cutoff time. To be ect plural and oftheit order must precisely identify the number, date and the plural includes the singular, 'Part-means a person who, by the terms of Yoamount may the itempayment,and payee. en account, has a present right, subject to request, to payment from thesign th coop not, have any item drawn on your account whether you account other thn as a beneficiary or agent. the item or If you en equal or greater right to withdraw from LIABILITY-You agree, for yourself land the person or entity this account than the person who signed the item. A release of the you sign as a representative of another) to the terms of thi account and reprehe sent if stop-payment order. may be made only by the person who initiated the schedule of charges. You authorize us to deduct these charges directly from slopOur stop^t ardoe. the account balance as accrued. You will pay any additional reasonable stop-payment the nks time is one hour elrer the opening of the Additional next charges for services you request which are not covered by this agreement, limitations on after obli banking day on which we receive the am. we Each of you also agrees to be jointly and severally (individually)liable for obligation certified payment item). ore provided by law any account shortage resulting from charges of overdrafts, whether caused paid the Item S AND or R IATIO the item). (e.g., we by you oranother with access to this account. This liability is due AMENDMENTS AND TERMINATION changes We may change any term of this l . immediately, agreement. Rules governing iveyouin interestb revs are provided aor by al and can be deducted directly from the account balance For other changes,whenever sufficient funds ate available. You have no right to defer paymentpermitted will give may so till close i in writing or any time of this liability, and you are liable regardless of whether you t Y on method le to you We also ea this account at army or benefited from the charge or overdraft. This includes liability signed the item upon masonabic notice ous and tender f of the ace tarn balance for our costs or by mail. TS ' from t any one of you is to all of you. personally to collect the deficit including, to the extent permitted by law, our reasonable STATEMENTS • You must examine your statement of account with attorneys' fees. DEPOSITS -We will give only provisional credit until collection is final for any "reasonable promptness," If you discover for reasonably should have area, other man gv we deposit dlacoveedi any unauthorized signatures or alterations, you must promptly to do s 1. Actual credit for cash, we deposits accept or for payable t it (including items draw be n otify of the relevant fcts. Ike between ° o the exchange y will either of f these duties, you will have to either you e the loss withus, or bear ge rate in effect on final collection in U.S. dollars. We ere not responsible p for transactions by mail or outside depository until We ectuall the f loss entirely a contributed (uteri to(depending on whether we used ordinary on care and, record them. We will treat and record all transactions received after our"dailyyrespect whetherhe we o theu statement to the loss). The could be not only with cutoff time- on a business day we are s hems on the heespment but other items with unauthorized open for business, as it initiatedopen, orfollowing received on a day we are not signatures agree alterations by the same wrongdoer. r open• on the next following business day that we You that the time WITHDRAWALS qLS - Unless clearly indicated otherwise on the account records, you have to examine not, statement ycircumstance,and report to us will total a of 3n days circumstances, but will e not,is any t o any of you, acting alone,who signs in the space designated for signatures on exceed ° of 30 from when the statement first sent or made the signature card may withdraw or transfer all or any g available tour you. balance at any time. Each of you ,until we receive ritten notice to the altee account rations, further for eries, that if you fail toerrors report any count ith 60 dasignays of contrary) authorizes each other person signing ternt forgeries,or any otter statement in your account within t assert any item payable to deposit the this account o card to indorse r when m we t send make the statement andle, you een nnyt a exert us transaction with y°e way corder yon fors r nt other claim ssawst be n entirely it you in This 6D'daliand as sewitho us.before may charge your account for a check even received whether e loss will be d cars, This 60-day Ynn and us payment was made the date of the check, unless we have rooeivetl Y say limitation is without regard to written notice of the postdating in time to have a reasonable we used ordinary care. The paragraph of tills sa this paragra➢h is in ddition ct. We may refuse any withdrawal or transfer request whichou attempt to Ato that con TRA In R fi Tt counof this not be en. orms not Ipproyed by us, by you attempt on without with o TRANSFER - Trill account may transferred or assigned which is greater in nuber tha any h frequency we do not specifically permit. EC D DEPOSITS i written consent. amount greater or less than any withdrawal limitatipermons. Even if, or i which Is honor a any yEam t inan - c, in connection with a direct deposit plan, we Fdederal nonconforming request, we may treat continued abuse of the stated Gov amount in an account reason, u should have o de returned to the Federal limitations (if any) a your act of closing the account. We will use the date liability nton the t n Federal Government from us thetas account or the amount any pother the transaction is completed by us (as opposed to the date you initiate iti to accountyou have with apply the frequency limitations. The fact that we may honor withdrawal ua, without prior a other ee and at any timer except the ae requests that overdraw the available account balance does not obligate us to prohibited of ourll biitye may also use any legal remedy to recover do so later. See the funds availability policy disclosure for information about TEMPORARY when you can withdraw funds you deposit. For those accounts for which our ACCOUNT AGREEMENT this - If this option is selected, we may funds availability policy disclosure does not apply, you can ask us when you restrict orrequirements further use of thn a reason if make a deposit when those funds will be available for withdrawal. SETOFF -W we have thous prior within a rand permitted when pel to comply y with the We may require not less then 7 days' notice in writing before each SETOFF - thise may (without n notice and when ledebt you owe set off w withdrawal from en interest•bearing account other than the funds in account f you having any due end t peye it us tow Withdrawals fram r t a do o i e of s the fume, b oe oarrigthe a period a time account prior to maturity or prior to any notice of such persons'a or legal entity's right of total to the extent may be restricted and may be subject to penalty, See your notice of p right includes withdraw. amount the debt arises from are penalty for early withdrawal, enter d ny due and payable n debt' eterms ofthe ota of e we ACH AND WIRE TRANSFERS-This agreement Is subject to Article 4A of the entitled to demand balance he der the awes rt p the time we set Uniform Commercial Code in the state in which you have your account with and including any balance the due date for which earl If you originate a fund transfer for which Fedwire is used, and right the note. it properly accelerate or identify by name and number a beneficiary financial institution, you an This tax-deferred do setoff does not account, or to this the debt is created by IRA n umer termediary financial nstitutin or a beneficiary, we and every eceiving or cretlit,transaction under at edit card(plan (b t this does not ffect ur rights beneficiary financial institution may rely on the identii inb by consume( payment. We may rely on the number even if it identifies g i its i make under any yrises consensual securityre ntaivet), w lc) the b right of institution, person or account other than the one ie . You a financial withdrawal dishonor f arty check a representative capacnor ity.occurs wit not be st liable for bound by named. You rules agree to be the d against al any when the to automated thingh payments house association rules. These t you.u a against this ut account.eexercise you agree right hold a harmless from•any claim among other luntil thing that ntismade det r you, or originated rbyv are arising as a result of Attorney)to e DESIGNATION rI (Sof setoff. provisional rural settlement is through a Federal Reserve Bank or AGENCY payment is otherwise made as provided in Article 4A-403fa) of me Uniform (Pewee is of the owner. (merely des gna ednts con) u t Commercial Code. If we do not receive such atrans Lions and h b The agent is merely designated to conduct refund from you in the amount credited payment,account are entitled toy transactions an the behalf.are o undertakeh w 's obligation to monitor originating y to your and mthe party t transactions to SIGNATURES ES that they authorize the owner's r be, tf. 9 p ouch payment a will not be considered to have paid the amount so FACSIMILE rth -You s, th us, at ono time,money,o than credited. II we receive a credit to an account you have with us by view all checks,drafts, ACH, we ere not required to give you any notice of the es, or otherwhom oenr for the aig you for madit, payment order or on us regardless of by payment of that era drawn OWNERSHIP OF ACCOUNT AND long as what moans the facsimile eig signature BENEFICIARY DESIGNATION - These rules may n bean affixed so they Tired number u rn facsimile h apply to this coount depending on the form of ownership and beneficiary specimen tired with us, and contain the required of signatures for this designation, it any. specified on the account records. We make no p p representations as to the appropriateness or affect of the ownership RESTRICTIVE you LEGENDS -We are have not agree ton writ any restrictive legend beneficiary designations, except as they determine to whom we and on Example,e unless we 'n a9 reed funds. Single-Party Accountpay the " forof restrictive oe legends reed in writing to the restriction. B Y - own an account proportion owned by "not valid more than f, ,00." oat be presented within 90 days- or party, MuitIpN-Party Account - Parties own account in one _ to net Erb.' Class, t990, 1991 Banker,System..Inc.,Sr Cloud,MN Form MPSC-LAZ•co 11/1fi/200e fpape Zarq Z 'd 6TBL 0EE OL6 yNue6 R;tunwwo3 opeJoTo3 454 :4O E0 ST °a0 'FEB-10-2004 TUE 10:46 PM TRANSNATION TITLE FAX NO, 970 686 0883 P. 02 ESCROW INSTRUCTIONS TRANSNATION TITLE INSURANCE COMPANY Date: February 11,2004 1295 Main Street,Building 1 Escrow Number: 8072894 Windsor,Colorado 80550 I/We hand you herewith S 65000.00 Special Instructions TRANSNATION TITLE INSURANCE COMPANY shall hold the monies in escrow until 5:00 P.M.on February 11,2014 or sooner upon completion of paving of W CR 29 as per agreement of Off-She Road Improvements Agreement dated f rb //74 O0V and attached hereto and made a part hereof. Transnation Title Insurance will be held harmless from and loss,damage or costs due this agreement not being completed by February II,2014. In the event that this agreememlescrow needs to be extended all parties shall extend in writing prior to deadline date. It is further agreed and understood that all closings in"Buxman Estates"shall be insured and closed by Traesnation Title Insurance Company in Weld County. In the event that the paving is not completed as agreed all parties shall give written instructions to Transnation Title on disbursement of funds held in escrow. The undersigned hereby acknowledges that the moneys handed to Transnation Title Insurance Company by the undersigned in connection with this escrow will be deposited by Transnation into a financial institution(the"funds depository")whose deposits sit covered by FDIC or FSLIC insurance. The undersigned further acknowledges that,in calculating the amount of available insurance,the FDIC or FSLIC will consolidate moneys deposited under this escrow with all other funds of the undersigned which arc on deposit with the funds depository. The undersigned does therefore hereby release Transnation Title Insurance Company from any liability and assumes all responsibility for any loss to the undersigned which may result from a lack of FDIC or FSLIC insurance in excess of$100,000. The undersigned agrees that Transnation Title Insurance Company may make beneficial use of the funds deposited pursuant to this escrow. If a dispute arises as to your duties,or if the items deposited hereunder are not withdrawn or used on or before March 1,2014,you may deposit the documents and money with the clerk of any District Court of the State of Colorado,and may interplead the patties hereto. In consideration for your acceptance of this Escrow,the undersigned,jointly and severally,for themselves,their heirs,executors,administrators,successors and assigns, indemnify you for,and hold you harmless from liability incurred by reason of your having accepted the same,or in connection herewith,and to reimburse you for all your expenses,including,among other things,attorney fees and court costs deposits made to secure the performance of this agreement of indemnity and the payment of your charges and expenses. Owner(s)/Devel er(s) -- Don Bierman at.plAW-1 LisaBuxmm akf r. �� .fir //��Id Iiuxm Dons Amman 9,o2/-ee37 'FEB-10-2004 TUE 10:47 PM TRANSNATION TITLE FAX NO. 970 686 0883 P. 03 ' • • - County of weld,state of Colorado,by and through the Board of County Commissioners of Weld sden, Mall. 03/01/2004 1)4 • ::\ D the Board i r�:- orm i j;'' ' Co Attorney ' Receivad_____Z- 'Z4 TRANSNATION TITLE INSURANCE COMPANY Darella L Bloch Escrow Branch Manager 'c /-el63% #14-it,R;'\H MEMORANDUM woeTO: Board of County Commissioners 2/20/04 COLORADO FROM: Chris Gathman - Planner II .4A• SUBJECT: Acceptance of Collateral for off-site road improvements agreement MF-603 (Buxman Estates Minor Subdivision) On January 13, 2004 we received an off-site road improvements agreement for road improvements to County Road 29 as a condition of approval for MF-603 (Buxman Estates Minor Subdivision). The off-site road improvements agreement is to address the future paving of County Road 29. The estimated total cost of these improvements as outlined in the off-site road improvements agreement is $100,000.00. The applicant has provided collateral in the amount of $100,000.00 to be held in an escrow account. The Department of Public Works has reviewed this agreement and determined that it is acceptable. The Departments of Public Works and Planning Services therefore recommend acceptance of this letter. • SERVICE,TEAMWORK,INTEGRITY,QUALITY it MEMORANDUM wige. TO: Board of County Commissioners J 1/19/04 C COLORADO FROM: Chris Gathman - Planner II ,5J, SUBJECT: Acceptance of Collateral for MF-603 (Buxman Estates Minor Subdivision) On January 13, 2004 we received an off-site improvements agreement for road improvements to County Road 29 as a condition of approval for MF-603 (Buxman Estates Minor Subdivision). The off-site road improvements agreement is to address the future paving of County Road 29. The Department of Public Works has reviewed this agreement and determined that it is acceptable. The Departments of Public Works and Planning Services therefore recommend acceptance of this letter. SERVICE,TEAMWORK.INTEGRITY.QUALITY ‘a1 MEMORANDUM 'lige TO: Board of County Commissioners 1/19/04 COLORADO FROM: Chris Gathman - Planner II e SUBJECT: Acceptance of Collateral for MF-603 (Buxman Estates Minor Subdivision) On January 13, 2004 we received collateral in the amount of Sixty-Five Thousand Five-Hundred dollars ($65,500.00) for collateral for the improvements agreement (Public Road Maintenance) for MF-603 (Buxman Estates Minor Subdivision). To date the following On-Site improvements need to be completed: Curbs, gutters, and culverts estimate $ 50,000.00 Street Names estimate $ 500.00 Landscaping estimate $ 10,000.00 Engineering and Supervision estimate $ 5,000.00 Total Estimated Cost of Improvements and supervision $ 65,500.00 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 MF-603 (Buxman Estates Minor Subdivision), and the Department of Planning Services recommends acceptance of this Letter. 3-1I - fy9� (bc,) Hoa sq3Z ( S J\ 35(0-37 /o (1v L) SERVICE,TEAMWORK,INTEGRITY,QUALITY 2004-0637 a MEMORANDUM W� ' TO: Chris Gathman, Planner irDATE: 10-November-2003 �• FROM: Peter Schei, P.E.,Civil E eer, Public Works Department COLORADO SUBJECT: MF-603 Buxman Estates Minor Subdivision 3 (Final Plat) Weld County Public Works Department has reviewed final plan materials and has the following development referral comments. Comments ❑ There are a few items that must be addressed by the applicant prior to final sign-off with the Public Works Department. ❑ In a previous memos dated 22-May-2003 and 26-September-2003: The applicant shall submit to Public Works stamped, signed and dated final plat drawings and roadway / construction plan drawings for review and approval. This is consistent with County Code: Sec. 24-3-50, "The minor subdivision final plat submitted shall contain the original signatures and seals of all parties required." o The engineer has submitted final roadway and constructions drawings, which are acceptable to Public Works. o The applicant has not submitted revised final plat drawing(s)to Public Works for review. • The applicant must submit revised final plat drawing(s)to Public Works for review. • The engineer (or surveyor) of record shall stamp, sign and date each sheet of the final plat drawing(s) to remain in the department's file. • Drainage easements shall be shown, labeled and dimensioned on the final plat. • The building envelopes shown on the final plat should be dimensioned. ❑ The applicant has submitted on-site and off-site Improvements Agreements that are acceptable to Public Works. These agreements shall be approved by the BOCC prior to recording the final plat. Recommendation ❑ The above comments are prerequisites and shall be fulfilled prior to recording the final plat. Any issues shall be resolved with Public Works prior to recording of the final plat. * PC: MF-603 l3uxman Estates Minor Subdivision 3 (Final Plat) Email&Original: Planner PC by Post: Applicant i c.,el P, - PC by Post: Engineer r �_ 'qµ. j t�l�.✓;`. V.ht Page 1 of 1 �..W. -\.\\ � joiligH4010 CLERK TO THE BOARD PHONE (970)336-7215, Ext.4225 FAX: (970)352-0242 P.O. BOX 758 GREELEY,COLORADO 80632 WligC. COLORADO July 13, 2009 COLORADO COMMUNITY BANK OF GREELEY P.O. BOX 336130 GREELEY, COLORADO 80633 RE: Account number 10301353 for Buxman Estates 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 Account. As you are aware, on the 20th day of January, 2004, Colorado Community Bank of Greeley, presented a Letter of Agreement on behalf of Harold and Doris Buxman, and Don and Lisa Busman, Buxman Estates, naming the Board of County Commissioners of Weld County as beneficiary. The Letter of Agreement was issued in the amount of Sixty-five Thousand, Five Hundred and no/100 for the completion of the improvements. The terms of the Letter of Agreement require that it be maintained by your institution until the completion of improvements on the Subdivision known as Buxman Estates. If you have any questions regarding this letter or your obligations under the Letter of Agreement, or if you disagree with any statement contained in this letter, please call Donna Bechler, at 970-356-4000, ext.4227, or e-mail me at dbechler@co.weld.co.us. Very truly yours, Donald D. Warden Clerk to the Board By: Deputy Cler • o the Board pc Buxman Estates ODDy- �� i .. a e ,Coitimy e % /�J � ,, d 'fl\ CLERK TO THE BOARD PHONE(970) 336-7215, Ext. 4225 FAX: (970) 352-0242 Wilk P. O. BOX 758 GREELEY, COLORADO 80632 ‘ - WA Er COLORADO IT 7:67ana July 13, 2009 .3 .% _IF �p�o�R 1 COLORADO COMMUNITY BANK OF GREELE P.O. BOX 336130 GREELEY, COLORADO 80633 jektml,IaMz U RE: Account number 10301353 for Buxman Estates ate 970- 35& - � 0 Ladies and Gentlemen: `!I# g87 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 Account. As you are aware, on the 20th day of January, 2004, Colorado Community Bank of Greeley, presented a Letter of Agreement on behalf of Harold and Doris Buxman, and Don and Lisa Busman, Buxman Estates, naming the Board of County Commissioners of Weld County as beneficiary. The Letter of Agreement was issued in the amount of Sixty-five Thousand, Five Hundred and no/100 for the completion of the improvements. The terms of the Letter of Agreement require that it be maintained by your institution until the completion of improvements on the Subdivision known as Buxman Estates. If you have any questions regarding this letter or your obligations under the Letter of Agreement, or if you disagree with any statement contained in this letter, please call Donna Bechler, at 970-356-4000, ext. 4227, or e-mail me at dbechler@co.weld.co.us. S////e9 Very truly yours, /46e)-1/Lei 4ltF `I �. �� / 4 � Donald D. Warden h'L�ditn_U0v 2 GG i Clerk to the Board J ,/^ 0C� /� t, iiivi'AIL-164:calL BY Deputy Cler o the Board � ,- �UG „L�- �J� J pc Buxman Estates �T/��x° / I !� 1 Ri-^Q, it el 6 rim - t.� y [tr y st7 41411 ifico c9-119;t teat _lam v ilia thiliglitid f/taillit allimillin tr CLERK TO THE BOARD 22 U.S.�� -T T P.O. Box 758 PIP EY8QWESoneo Greeley, CO 80632 POSTAGE P 65 5 5 „ 45 � 7005 1820 0003 5225 24-6 ' 505 ,540 JUL 1 3 2 0 0 9 COLORADO „ ,. _ _ RAILED FROM?IP CODE S0631 6 3 1 ....- (ITC-- t1U ,r.x, a COLORADO COMMUNITY BANK OF ELY —-' '? ') 1Llej" �—it $t PO BOX 336130 z7Ye 6 GREELEY CO 80633 jiiit .iki NIXIE SO2 CAE 1 40 07/ 15/09 RETURN -i a SGNCCCR NOT OELZVE_RAE,LE AS WAROESSED UNAL',LE TO r0 IPR ' CC : 7t132J 110S0 : 0920-056.99--13--42 : : - " ' pace° t rs IIuW U,,"il""II, ,laAuIII}.}If„k.l,! I.114,l,1 U.S. Postal Servicen:, CERTIFIED MAIL., RECEIPT ru (Domestic Mail Only;No Insurance Coverage Provided) f1l F•r•elivery Inf•rmati•n visit•ur we•site at vrv/w.us•s.c•nJ mat Ln ru ... Postage $ JJ.c Certified Fee - Ysd7y�y� /�J /Pos t$kN ci Return ReceiptRequire) (Endorsement Required) fuRestricted sm nt Required) (Endorsement Required) dd. Total Postage 8 Fees $ LIT O seer r p�'eret I Street,A o.;or PO Box No. !' C• vr�y. ,' ae/SO City.State.ZIP+ ?6633 S Farm 3'n.June2n2 See averse t.r lnseacti•ns CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 II IC. ' COLORADO a fru- k jai) rite.July 13, 2009 /6?L1czt)jYL4l' TRANSNATION TITLE INSURANCE COMPANY 92/0 1295 MAIN STREET, BUILDING 1 WINDSOR, COLORADO 80550 RE: Escrow number 8072894 for Buxman Estates Ladies and Gentlemen: This letter shall act as a reminder to you of your obligations to the Board of County Commissioners of Weld County under the above-referenced Escrow Account. As you are aware, on the 11th day of February, 2004, Transnation Title Insurance Company opened an Escrow Account on behalf of Harold and Doris Buxman, and Don and Lisa Buxman, Buxman Estates, naming the Board of County Commissioners of Weld County as beneficiary. The Escrow Account was established, detailing an amount of$4,375 per Lot, up to $100,000.00 . The terms of the Escrow Account require that it be maintained by your institution until the 1st day of March, 2014. If the Escrow Account expires prior to that date, you must replace it. If you have any questions regarding this letter or your obligations under the Escrow Account, or if you disagree with any statement contained in this letter, please call Donna Bechler, at 970-356-4000, ext. 4227, or e-mail me at dbechler@co.weld.co.us. Very truly yours, Donald D. Warden Clerk to the Board Sda Deputy Cler the Board pc Buxman Estates U.S. Postal Service-Fr., m CERTIFIED MAIL., RECEIPT rt.i (Domestic Mail Only;No Insurance Coverage Provided) ru F•r •elivery inf•rmati•n visit•ur we•site at www.us•s.c•m� ru 4.17ru u'1 Postage $ 0 Certified FeePPostmark n l7 Return Receipt Fee - A (Endorsement d Required) ru Restricted Delivery t Fee ' '/ f1J (Endorsement m Required) ri Total Postage&Fees lfl Sent TO ErEl r4S.z14Ann s/az/thP b Street Apt.No., or Po Box Na.e/�75 lll2i2.,,S1� y / CM,Sta zlP+4 �t i9[/ 4r dO di e s v CLERK TO THE BOARD t �{�•rRYB�- '1�1 P.O. Box 758 ape Greeley, CO 80632 7005 1820 0003 5225 2ill Ell 1111111p OU.S.POSTAGE 985559945 0505.540 JUL 13 2009 4 MAILED FROM ZIP CODE 80631 UI* /01 7 J gcydA p� TRANSNATION TITLE INSURANCE COMPANY A 1295 MAIN ST BLDG 1 WINDSOR CO 80550 NIXIE 802 5E 1 40 07/15l09 RETURN TO SENDER NOT D£LTYERA9LE AS ADDRESSED UNABLE TO FORWARD DC: 8063207.5858 *0920-0.5591-13--42 CLERK TO THE BOARD g`"�__ � TI P.O. Box 758 01 .+ }l', � i-___ g -mot, t,,, (*,r re..� tFh4'i• J:11 '� PITNEY BOWES Greeley, CO 80632 yi- 'r:;;, %.,. 02 1M $ .36 lInl l : +rttkp; OO0004266770 JUL 14 2009 COLORADO n n.1 4u. .'r:r 4 7:1.7.,:.4MAILED FROM ZIP CODE 80631 >-CC 8a. a O Q C__)(n r — DON AND LISA BUXMAN = 2478 N 35TH AVE E-CO R tr.) GREELEY CO 80634 v o _ co 1 NIXIE 902 DE 1 00 07/ 16/0] RETURN TO SENDER INsurrtctcNT ADDRESS ORACLE TO FORWARD SC: 006320730SO *1560-00765- 16-02 E.A C EMBIDSOsaRate HIP1l11„MIIIIIIII,,,I,IIIII li ii I,LI:,LILIWI1,1„1,1 Hello