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HomeMy WebLinkAbout20041045.tiff RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#1423 - HEATHER WEIR 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 August 6, 2003, the Weld County Board of Commissioners approved Use by Special Review Permit #1423 for Heather Weir, 1050 West 8th Street, Loveland, Colorado 80537,for a Dog Kennel(not to exceed 60 Greyhound dogs)in the A(Agricultural)Zone District on the following described real estate, to-wit: W1/2 SE1/4 of Section 35,Township 9 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(Private Road Maintenance)between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Heather Weir, with terms and conditions being as stated in said agreement, and WHEREAS,the Board has been presented with Cashier's Check#297427 from Norlarco Credit Union, P.O. Box 528, Fort Collins, 80522-0528, in the amount of$12,800.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Cashier's Check 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 Heather Weir, be, and hereby is, approved. BE IT FURTHER RESOLVED that Cashier's Check 297427 from Norlarco Credit Union, P.O. Box 528, Fort Collins,80522-0528,in the amount of$12,800.00, be and hereby is,accepted. 2004-1045 PL1674 (1(1 ,%, /7,,/664≥ Agat DV-14-ov IMPROVEMENTS AGREEMENT- HEATHER WEIR (USR #1423) PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 5th day of April, A.D., 2004. BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLORADO ATTEST: �� �4 / IkE4aN 3 1{V\� 0 ��Robert D. Masden, Chair Weld County Clerk to the tn,1$6 �F /� 1►r William H. erke, Pro-Tem Deputy Clerk to the Boa M. . 'le ASzT-6 F David E. Long :4 Gnty Attbrnee ..L ( A Glenn Vaad 11/7.Date of signature: 2004-1045 PL1674 • Weld County Planning Department GREELEY OFFICE IMPROVEMENTS AGREEMENT ACCORDING TO JAN 0 5 2004 005 POLICY REG(RIVATEROADMAINTENANCE)AING COLLATERAL OR ROVEMENRECEIVED THIS AGRE' :,LENT,made and entered into this y+"` day of Tan vain .20 0Y,1 y and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County,"and H e.t++hec Wei C hereinafter call:d "Applicant." WITNESSETH: WHEREAS, Applicant is the owner of, or has a controlling interest in the "ollowing described property in the County of Weld, Colorado: W 1/L se 't of se-c,#',orb 3i —C wri5h,p q KO.' tt TLanC ,e 4r(� w eLtt- of 411e.. Syr, P. M. WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be known as "`7A ha^.b::n 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 imp:ove vents 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 1i:-tr 1 in Exhibits "A"and "B" of this A.;:,;.nent. 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 con"..ction 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 necessn.,y documents to the County. 11111111111111111111111111111111111111 III 11111 IIII 1111 ..ed07 \wrFrr.l s\W EN .,ATI2 3170005 04/13/2004 12:10P Weld County, CO 1 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Lcee>s/—7'619 1.3 Applicant shall furnish drawings and cost estimates for road:,within theS:abdivision 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-b':ilt" drawinn-. <ad a final statement of construction cc to the c.:nty. 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"A," which is attached hereto and incorporated herein by reference, according to the construction schedule set out in Exhibit"B"which is also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a Subdivision or Planned Unit Development is proposed within three miles of an incorporated community locates 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 wvauld exit if the plat were develo^ed 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. '.hy rea;,i*ements and standards of the County shall be adhered to. If both the incu:paraied 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 a.'ri- been made foi the ins icii of sanitary sewer or septic systems,1. 'Iter, E:s. Stctric znd telept:one services. 3.5 Said Subdivision or Planned Unit Development improvements shall be completed, according to the terms of this Agreement, within the construe+.:on 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 applic,tion by the Applicant subject to the terms of Section 6 herein. I IIIIII III"IIIII IIIIIII IIIII IIIII IIIII III IIIII Revised 07/01/2002 M:\W PFILES\WENDI\APRIVATE IIII \WPFILES\WENne\APRIV TE 3170006 04/13/2004 12:10P Weld County, CO 2 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all 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 negligee ?, of the County c:: its officers, agents, employees, or otherwise except for the 1.3:;ilitv, to;s or u: nage arising from the intentional torts or the gross negligence of the County or i.:; mp ycc3 w ale acing 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 con•;•leted according to the schedule shown on Ex',ibit"B,' i i it such use and operatic,n shall not constitute an approval of said portions. 6.2 County mcy,at its option,issue building permits for con•,r c't c:: s for '1;i-h street improvements detailed herein have been started b.:t not completed as shown on Exhibit"B,"and may continue to issue building permits so long as the progress of work en the Subdivision or Planned Unit Development improvements in that phase of the development is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a Su.hdivis _nor Planned Unit Development and the filing of a Statement of Substantial Compliance, the applicant(s)may request in writing that the County Engiroer 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 Engine•: ;rids that the streets are constructed acccr.?ing co c;ty -t:ndards,he or he sha. ! :ecommend full approval. Upon a reec-ipt , .` ; pnait• .:qu:1 lied recommendation from the County Engineer for approval of streets within the development,the Board of County Commissioners shah fully approve said streets as public but with private pay. 111111111111111111111111111111111111111 III O R 1110 I I I I 3170006 04/13/2004 12:10P Weld County, CO 3 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Revised 07/01/2002 3 M:\WPFILES\W ENDIW PRIVATE 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County mist be a.luivalent 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 anprov.:=:;'.all automatically expire. Applicant mi.., *eves,.tilt;t the County extend the Fina i Fiat approval provided the cost estimates,::c up -.fed end thr development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed wit;tin one (1) year after the Final Plat approval(not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thi=ty (30) days p-ior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provider: in the amount of une- Hundred percent (100%) of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not rerewed 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 Fina; 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 the;,portions of the property coat are not covered by collateral which will pro;:bi ;e con veyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the require-:gent •for a Rea'lest for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits"A"and "B." 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissione,s. 8.1 An irrevocable Letter of Credit from a Federal or State license.,'.iLiancial institution on a form approved by Weld County. The Letter of Credit sh;i11 state at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred percent (100%) of the total value of the improvements as set forih in Section 6.0 and Exhibits "A" and"B." 8.1.2 The Letter of Credit shall provide for 1..trme !^. upo l dcr_mc to '::old County if the developer has not performed the 6 gati its in the Improvements Agreement and the issuer has been notified of such default. HUM 11111 11111 11111 111111111111111 III 11111 Ell IIII +evised 07/0'/2002 3170005 04/13/2004 12:10P Weld County, CO M:\WPlHLES\WENDI\APRIVATE 4 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder i;.1.3 T'_z applicant may draw from the Letter of Cre.:h h'ecc.:_r;ce wi:ii 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 ii 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 remainavailrblc to eld County until released by Weld Cou .:y. 8.1.6 The Letter of Credit shall specify that the date ofnroposed 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 Nat 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 Thin 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 p .)pored th weiopment 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 -T-Inn..:cd . :.nt(1r..(%) 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 ,ievelopcd 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 it :ts 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. HBO 11111 11111 IIIIIII VIII VIII 11111 III VIII IIII IIII N. WPFILES\WRevised 07/01/2002 END'4PRIVATE 3170005 04/13/2004 12:10P Weld County, CO 5 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred pe::er,L(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-lie:ns,d 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 12.:Ind given by a corporate surety authorized to do Su^fires it of I oiora:O :p an amount equivalent to One-Hundre.:',ere'-1t(ii'J%) : the;val.:_s of the improvements as specified in the Improvements Agri L:ment. 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 e 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 prof cct 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 resoits must be submitted for all phases of this nroiect a; 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 releas: 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 accomnanie if appropriate,by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 1111111 11111 11111 1111111 11111 11111 11111 III VIII IIII IIII MAWPFILES\WRevise.:07/e1/2002 ENDI\APRIVATE 3170005 04/13/2004 12:10P Weld County, CO 6 of 12 R 0.00 D 0.00 Steve Moreno Clerk d Recorder 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 fir flow tests. 9.6 The requirements in paragraphs 9.0 thru 9.5 shall be notrd on the final construction plans. 9.7 Following the submittal of the Statement of Sub:tanti?.1 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. T_.is action will be taken at a regularly schedi$:d p ;b!ic .7/feting Ca 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,develorment and/or reservation of areas or sites other than Subdivision or Planned Unit Development streets and utility easements of a character, extent and location suit2ble for prblic use for parks, greenbe•:; schools, said actions shall be secure :n accord:,ice one ‘.e the following alternatives,or as specified in the Planned Unit :enr!i'T.'_,)P.am, sexy: 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 maintena,:ae 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 job.tly 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 tat 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. Revised 07,01/2002 I IIIIII VIII VIII IIIIIII 11111 11111 VIII III VIII IIII II M:\Wf r ILcs\WENDI\APRIVATE 3170005 04/13/2004 12:10P Weld CooCle CO 7 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be sxecuted on the day and year first above written. APPLICANT: i;l .- APPLICANT: TITLE: and Subscribed and sworn to before me this 5 day of fit' , 20 0H . My Commission expires: .02--/QS /-2-00t7 o ary Public u'- ,n ; 'v ATTEST: / I". EL S\ BOARD OF COUNTY COMMMISSIONERS•'" . i ,, //��,, �' �� `E�J WELD COUNTY, COLORADO j44 ) Weld County Clerk to the b + =yt ,V ,1 Robert D. Masden , Chair 04/05/2004 BY: :7.4,00 Deputy Clerk to the Boar-: APPROVED AS TO FORM: County Attorney I11110 III 111111111 I I I I 3170005 04/13/2004 12:10P Weld County, CO 8 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Revised 07/01/2002 8 111:\WPFILES\WENDINAPRIVATE ,9O1:12/-71) .5" EXHIBIT "A" Name of Subdivision or Planned Unit Development: NiA Filing: U SK Yc.-, t Pi Location: W % c,( 'A 0 rift t',on It "To,or1ht �l acr ih giant 4& kJrc, c/ Oh PA wr.id Cr, CO 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 Costs Construction Cost Site grading Street grading Street base Street paving Curbs,gutters,and culverts Sidewalk Storm sewer facilities --- Retention ponds Ditch Improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site water sewage facilities On-site water supply and storage Water Mains(includes bore) Fire hydrants -_- Survey and street monuments and boxes Street lighting --� Street Names Fencing requirements Landscaping Park improvements Road culvert / •r o el (e.,;-, I I I t 000 _ r Grass lined swal- Glephone -- Gas Electric Water transfer SUB-TOTAL: z +Oo tz Coo Engineering and Supervision Costs $ l ti 0 (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 $ I LI Son 1111111111111111111111111111111111111111111 Revised 07/01/2002 3170005 04/13/2004 12:10P Weld County, CO I1:\WPFILES\WENDIWPRIVATE 9 of 12 R 0.00 0 0.00 Steve Moreno Clerk& Recorder The above improvement: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: . Applicant Applicant I an(4 hc,>n Fr Date: 3.5C , 20 O V. Title (If corporation, to be signed by President and attested to by Secretary,together with corporate seal.) 111111111111111111111111111111111111111 III 111111 111111 3170006 04/13/2004 12:10P Weld County, CO 10 of 12 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder Revised 07/01/1002 10 M:\WPFILES\WENDDAPRIVATE EXHIBIT"B" Name of Subdivision or Planned Unit Development: WA Filing: yg-r•-,;t IV Z3 Location: 1,.) A 5 E%y n-F 13e..1-4'i n,, 3`i -r - rLt;hip 9 t'lo,fh, (Lanv t' i. -'l�>F Te 6vr'en C Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit De-,•_!' pment the following improvements. All improvements shall be completed within Z- years from the date of appro-.al of the final plat. Construction of the improvements listed in Exhibit"A" shall be completed as fo:lows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading Street base Street paving _ Curbs,gutters, and culverts Sidewalk - Storm 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 _ Fire hydrants _ Survey and street monuments and boxes Street lighting _- Street name signs - Fencing requirements _ Landscaping l year Park improvements Road culvert/ r av e l d r or e G.) Ire at Grass lined swae / Telephone _ Gas -- - — ElectricWater Transfer - - —_- - �•!_SUB-TOTAL: I 111111 11111 Hill 1111111 11111 11111 11111 III 111111 III liii 3170005 04/13/2004 12:10P Weld County, CO 11 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Revised 07/01/2002 1 1 M:IWPFILESIWEIYDIIAPRIVATE . The County, at its option, and upon the request of the Applicant,may grant an e-.tenr ion of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: Applicant Applicant ei Date: 7D , 20 E0 y Title (If corporation, to be signed by _'rc,tdent and attested to by Secretary, tog-.trier w:th c.riporatc seal.) 1 111111 11111 11111 BIM VIII 11111 11111 III 111111 III IIII 3170005 04/13/2004 12:10P Weld County, CO 12 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Revised 07/01/2002 12 M:\WPFILES\WFNDI\APRJVATE 36621/M 890740 �1� p OFFICIAL CHECK fl-1676960 3070 S N+ LARC 297427 G !l 4 O I T U M T O Ii R9f;HEATHER WEIR P.O.Box 528,Fort Collins,fCo 80522-0528 (970)418&5000 . 19 FEB 04 112,$00.00 PAY -TWELVE THOUSAND EIGHT HUNDRED DOUARS(gd&4sp(4�)..$.Jest ..ate.Ese+l #+i Releri elt "�'-`""'` P.O.Box pas INNEAPaJSS,MN 55480 '‘, K 1. DRAWEE: FIRSTAR BANK OF MINNESOTA.NA iffiCat 168624. TO WELD C 0UNTY BOARD OF COUNTY COMMISSIONERS ...THE ORDER USR142 ... - NOT VALID AFTER SIX MONTHS III 297427II' 1:0960 16765.:0 1400 i00 59 2450 I MEMORANDUM IYi`I TO: Board of County Commissioners 3/26/04 COLORADO FROM: Chris Gathman - Planner II 6 • SUBJECT: Acceptance of Collateral for USR-1423 (Heather Weir) On February 4, 2004 we received a Cashiers Check in the amount of Twelve Thousand Eight- Hundred and no/100s for collateral for the improvements agreement for USR-1423 (Heather Weir). To date the following Off-Site improvements need to be completed: Landscaping estimate $ 660.00 Road Culvert/Gravel Driveway estimate $ 12,000.00 Engineering and Supervision Costs estimate $ 140.00 Total Estimated Cost of Improvements and supervision $ 12,800.00 After review of the Letter 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 Special Review Permit 1423, and the Department of Planning Services recommends acceptance of this Letter. SERVICE,TEAMWORK,INTEGRITY,QUALITY 2004-1045 Weld County Planning D^^7rtmed MEMORANDUM GREELEY OFFICE JAN 13 2004 EIVED TO: Chris Gathman, Planner II DATE: 1/1 Z/Z(T04� ' FROM: Donald Carroll, Engineering Administrator of, C � SUBJECT: USR-1423, Heather Weir COLORADO I have reviewed the Improvements Agreement According to Policies Regarding Collateral for Improvement (private road maintenance). The transportation item, Gravel Driveway, appears to be adequate to construct the driveway from WCR 98 to the facility. I recommend acceptance of the transportation portion. All other non-transportation items shall be verified by Planning Services prior to scheduling. pc: USR-1423 M:\PLANNING\USR-4 Hello