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Home My WebLink About20042326.tiff RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR SITE PLAN REVIEW, #372 - BDH & R INVESTMENT COMPANY 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 June 3, 2004, the Department of Planning Services staff approved a Site Plan Review, #372, for BDH & R Investment Company, do William Meiers, Jr., 7590 South Broadway, Littleton, Colorado 80122, for two retail automotive dealerships on the following described real estate, to-wit: Lot 1, Block 4, of the Corrected Plat for Vista Commercial Center Filing I; Lots 2 and 3, Block 4 of the Second Corrected Plat for Vista Commercial Center Filing II, bing part of the N1/2 of Section 8, Township 2 North, Range 68 West of 6th P.M.,Weld County, Colorado WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements(Private Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and BDH & R Investment Company, do William Meiers, Jr., with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Irrevocable Standby Letter of Credit #00410485 from Bank One, NA,One Bank One Plaza, Mail Code IL1-0236, Chicago, Illinois 60670, in the amount of$550,000.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Irrevocable Standby Letter of Credit 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 BDH&R Investment Company, do William Meiers, Jr., be, and hereby is, approved. BE IT FURTHER RESOLVED that Irrevocable Standby Letter of Credit 00410485 from Bank One, NA, One Bank One Plaza, Mail Code IL1-0236, Chicago, Illinois 60670, in the amount of$550,000.00, be and hereby is, accepted. 2004-2326 PL1737 Cdr? - PL, Ply, 4662-1 Z oq IMPROVEMENTS AGREEMENT - BDH & R INVESTMENT COMPANY PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 9th day of August, A.D., 2004. BOARD OF COUNTY COMMISSIONERS W D COUNTY, � � COLORADO la a MAL Vin n i Robert D. Masden, Chair o d'� � Jerk to the Board William H. Je f , Pro-Tem / ',. ��Jerk to the Board � . J. 'le APP AS TO David E. Long my Attorney Glenn Vaad Date of signature: 62O o`` 2004-2326 PL1737 AS*4°, MEMORANDUM IYi`J To: Board of County Commissioners August 4, 2004 COLORADO From: Chris Gathman, Planner II , - Subject: Acceptance of Collateral in the form of a Irrevocable Letter of Credit (BDH&R Investment Company- SPR 372) On July 30, 2004 we received an Irrevocable Letter of Credit (No. 00410485) in the amount of Five-Hundred and Fifty Thousand dollars ($550,000.00) for Site Plan Review 372 (BDH&R Investment Company). To date the following on-Site improvements need to be completed: Site Grading estimate $ 138,000.00 Street grading, street base, street paving estimate $ 213,750.00 Curbs, gutters & culverts estimate $ 45,000.00 Sidewalk estimate $ 32,800.00 Landscaping estimate $ 87,500.00 Engineering & Supervision estimate $ 20,000.00 Total Estimated Cost of Improvements and supervision $ 537,050.00 After review of the improvements agreement and letter of credit 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 Site Plan Review 372 (BDH&R Investment Company), and the Department of Planning Services recommends acceptance of this collateral. SERVICE,TEAMWORK,INTEGRITY,QUALITY TL17.-.-?7 {J` 'J C L: c (it a h 2 {5 2004 MEMORANDUM ' . Wlige TO: Chris Gathman, Planner II DATE: July 22, 2004 FROM: Donald Carroll, Engineering Administrator 4(./e COLORADO SUBJECT: SPR-372, BDH and R Investment Co. Review of Improvements Agreement This is a follow-up submittal to my July 8, 2004, memo inquiring about the three items identified in the Exhibit A portion not shown on the Improvements Agreement. The applicant's representative resubmitted the three items identifying the paving portion and associated items. A square foot quantity and an estimated construction costs have been included. The total estimated cost of improvements has been readjusted. We recommend acceptance of the Exhibit A portion associated with the transportation items. All other non-transportation items such as landscaping should be verified by Planning Services prior to scheduling. pc: SPR-372 M:\PLANNING—DEVELOPMENT REVIEW\SPR-Site Plan Review\SPR-372-D.DOC Weld County Planning Department GUI! EY OFFICE JUL 1 G 7.004 *it MEMORANDUM REc- n, ED ' TO: Chris Gathman, Planner II DATE: July 8, 2004 C FROM: Donald Carroll, Engineering Administrator • COLORADO SUBJECT: SPR-372, BDH & R Investment Company Review of Improvements Agreement The proposed Saturn dealership is located within the Mixed Use Development area. The Exhibit A portion of the Improvements Agreement did not indicate any street base or street asphalt items. These items would reflect the parking area on site. If the applicant has included the cost of the three items within the site grading items, please indicate on the Exhibit A portion as a lump sum for all three items. If not, additional quantities and unit costs are required. Please resubmit the Exhibit A portion. Pc: SPR-372 M:\PLANNING-DEVELOPMENT REVIEW\SPR-Site Plan Review\SPR-372-C.DOC FRa7M :RICN,LI-RRCHITECTS FAX NO. :303 795 5145 Jun. 18 2004 03:55PM P2 Pickett#Engineering, #Inc. 970-356-6486 p. 2 140 IMPROVEMENTS AGREEMENT AC CORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS,, __ (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this CA.,day of oU^ _.lu��ytlny and between the County of W cid,State of Colored o.acting,arou gh its Hoard of County Commission era,hereinafter called"Co unty," and 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: GOT / iszx.c ¢ 'a/gym CQ/JWSZOic CETJ9 Z .7/L1.taJ • Ler Aid atzc¢ 1/KM /W WI 4L Sew- /SG6Z /4127 A,Yi Mir U/S7A UAW M/'r !_0NlrJ ar eo 8fJSZnt • WHEREASga Final Subdivision/Planned Unit Development (Pub) plat of said property, co be known as S/'/L_ 37gZ _____has been submitted to the County for approval,and WHEREAS,relevant Sections of the Weld County Codc provide that no Subdivision Final Plat,Planned Unit Development Final Plat,or Site Plan shall be approved by the County until the Applicant has submincd a Subdivision • Improvement Agreement guarantcting the construction of the pub lie 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,arc listed in Exhib its"A" and "B" of this Agreement. NOW,THERE FORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat,.the parties hereto promise,covenant and agree ns follows: mmm m` E 1.0 Engineering Services; Applicant shall furnish.at its own expense, all engineering services in connection with o the design and construction of the Subdivision.or Planned Unit Development improvements listed on Exhibit Ins- cc •"A,"which is attached heroto and incorporated herein by reference. lacemmm a0 1.1 The required engineering services shall be performed by Professional Engineer and Land Surveyor registered in the&ate ofColorado,and shall conform to the sta ndards an d criteria established by the ro9 c County for public improvements. ar_— 2 — aa f 1.2 The required engineering services shall consist of, but not be limited to, surveys,designs,plans and at_ o profiles, estimates, construction supervision, and the submission of necessary documents to the T co County, eeet=o ? 1.3 Applicant shall famish drawings and cost estimates for ro ads within the Subdivision or Planned Unit 0o Development to the County for approval prior to the letting of any construction contract. Applicant shall furnish one set of reprodu cible"as-b uilt" drawings and a final statement of contra cli on cost to N the County. — 2.0 Tsinhts-of-Wav and Ecasement: Before commencing the construction of any improvements herein agreed upon. —4 a Applicant shall acquire, at its own expense,good and auffoient rights-of-way and easements on all lands and taa`o facilities traversed by the prop osed improvements. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit FROM :RICKL I-ARCHITECTS FAX NO. :303 795 5145 Jun. 18 2004 03:56PM P3 Pickett#Engineering, #Intl. 570-356-6486 p. 3 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 attucltd • hereto and incorporaet herein by reference. 3.1 Said construction shall he in strictconfonrance 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 requiremenu 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 tine the Subdivision or Planned Unit Development o is proposed, the requirements and standards of the Comity shall be adhered to. If both the ia 'o Incorporated community and the County have requirements and standards, those requirements and Irma 8 standards that are more restrictive shall apply, m MS00 a CIO =MI lit 3.2 Applicant shall employ,at its own expense,a qualified testing companypreviously approved by the =P- ea County.to perform all testing cf materials or construction that is required by the County; and shall � c furnish copies of test results co the County. o — Co�s3 3.3 At alt times during said construction,the County shall have the right to rest and inspect.or to require moray a testing and inspection of material and work at Applicant's expense. Any material or work not Nomr h conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. tea Nom c 0 3.4 Applicant shall furnish proof[hatproper errangements have been made for the installation of sanitary �Ne sewer or septic systems,water, gas, electric and telephone services. —too —No ea0 co 0 3.5 Said Subdivision or Planned Unit Development improvements shall be completed, according to the m cc terms of this Agreement, within the construction schedule appearing in Exhibit "B." The Board of SC' County Commissioners, at its option, may giant an extension of the time of completion shown on ��re, Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein. ____e7N • .0 Release of Liability; Applicant shall indannify and hold harmless the County from any and all liability loss and damage County may sufft as a result of all suits,actions or claims of everynature and description caused by,arising from,or on account of slid design and construction.of improvements,and pay any and alljudgmec is rendered againstthe County on accounto f any such suit,action or claim,tog ether 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 ci 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 compcnsadon insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State ofColorado governing occupational safety and health. (THERE IS NO SECTION 5) • 6.0 Approval of Streets by the County: Upon compliance with the fellow ing 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*beetle-a, the owners of lots within the Subdivision or Planned Unit I)evelopm eat. 6.1 If desired by the County,par tiees of street improvements may be p laced in service when completed according to the schedule shown on Pethibit "B," but such use and operation shall not oenstitute an approval of said portions. FR0M :R IOC,1-ARCHITECTS FAX NO. :303 795 5145 Jun. 18 2004 03:56PM P4 Pickett#Engineering, #Inc. 870-356-6486 p. 4 • 6.2 County may, at In 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 o f work on the Subdivision or Planned Unit Development improvements in that phase of the development is satisfactory to the County; and all terms of this Agreement ha ye been faithfully kept by Applicant. C3 =ME re 6.3 Upon completion of theconst u&ionofetreetswithinaSubdivisionorPlannedUnitDevelopmentand c ` the filing of a Statement of Substantial Comp liance, the applicant(s) may request in writing that the e m County Engineer inspect its streets and recommend Ling the Board ofCounty Commissioners partially �c approve them. Not sooner than nine months after partial approval, the County Engineer shall,upon v m 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 applicants) that any - � deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards,he or she shall recommend full approval..Upon a receipt afa positive unqualified recommendation from tho County Engineer for approval of streets withinthe developmen t, O o the Board of County Commissioners shall fully approve said streets as public but with private pay. -N 0 7,0 General Requirements for Collateral: -04 0 ao 7.1 The value of all collateral submitted to Weld County must be equivalent to One-Hundred percent e (100%) of the value of the improvements as shown in this Agreement, Prior to Final plat approval, Imm�ea 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 Commissionersand the execution of � this Agreement. Acceptable collatoralshall be submitted and the platre corded within six(6)months of the Final Plat approval. Ifacceptable collateral has not been su broitted within six(6)months then the Final Plat approval and ell preliminary approvals shall automatically expire. Applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plane are revised to comply with all current County standards.policies and regulations. The improvements shall be completed within one(1)year after Me Final Plat approval(not one Year after acceptable collateral is submitted) unless the antinomy's) leanest that This Agreement be renewed at lrta,ct thirrj(3O) days print to ay expiration and further provider Ms: east estbnatex for the rentatnin tI lmnroYemen is are undated and collateral n provided in the amount of One-Hundred percent(1004th of the value of the improvements remaining to he comnlete4. Ifimprovemonts arc not completed and the agreement not renewed within these time frames,the County,at its discretion.,may make demand nn all or a portion o fthe collateral and take steps to sec that the improvements are made. 7.2 The applicant muy choose to provide for a phased development by moans of designating filings of a Planned Unit Development Final Plat or Subdivision Final Plat. The applicant would need only to provide collateral for the improvements in each filingas approved. The County will place restrictions on those perfo its of the property that are not cov ered 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 pit meant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develo p in accordance with Exhibits "A" and"B." 8.0 Improvements Guarantee: The five types oi'colletenl liswd below are acceptable to weld County subject to final approval by the Beard 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 sate at least the following: 8.1.1 The Letter of Credit shall be in act amount equivalent of One-Hundred percent(100%)of the total value of the improvem erns as set forth in Section 6.0 and Exhibits "A" and "B." 8.1.2 The Letter of Credit shall provide for paymentupon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer FROM :RICKLI-ARCHITECTS FAX NO. :303 795 5145 Jun. 18 2004 03:57PM P5 PickettitEngineering, *Inc. 970-356-6496 p. S s m has been notified of such default. � E - o m 8.1.3 The applicant may draw from the Letter of Credit inaccordance with the provisions of this -o°C policy. �cas6 army. ee= a!r 8.1.4 I no issuer of the Letter of Ctcdil >hell gcc+antee that,at all times tea unreleased porrinn of o o the Lotter of Credit O.211 be equal to it minimum of One-Hundred percent (100%) of the tttttttmac a estimated costs of comp iming the uncompleted portions rattle required improvements.based oon inspeceens of the development by the issuer. In no case shall disbursement for a general �-32 improvement item exceed the cost estimate in the Improvements Agreement (i.e., streets, 0- 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. =oo q 8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit um=oo amount cannot be drawn upon and will remain available to Weld County until released by ANC Weld County. —-NO e� 8.1.6 The Letter of Creditshall 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(l5%),'or one e=r year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate memo o • • that, in any event, the Leacr of Credit shall remain in full force and effect until after the —fir v 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 of other property acceptable to the Board of CountyCommissioners provided that the following are submitted: 8.2,1 In the event property within the proposed development is used as collateral,an appraisal is required of the property in the proposed development by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.1.) indicating that the value of the property encumbered in its current degree of development is sufficient to cover One-Hundred percent(100%)o f the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale Of the prop arty. 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.T.)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 p lus 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 lions and encumbrances: • 8.2.4 A building per+'nit held shall be placed on the encumbered property. • 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow teat least equal to One-Hundred percent(100%)of the amount specified in the Impto%ements Agreement. 8.3.2 The escrow agent gusranrees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose end will not release any portion ofsuch funds without prior approval of the Weld County Board of Commissioners. FROM :R ICKL I—ARCH I TECTS FAX NO. :303 795 5145 Jun. 18 2004 03:59PM PG Pickett#Engineering, ltIne. 970-356-6468 p. 6 w m8.3.3 The escrow agent will be a Federal or state-licensed bank or fmanois] institution. an.ts 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 anyremaining es crowed funds to the County. =v al C3 a 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an as•o e amount equivalent to One-Hundred percent(100%)of the value of the improvements as specified in X32 the Improvements A greement. a a, ��= 8.5 A cash deposit made with the Countyequivalent to Onc•Huntired percent(100%)of thevalue ofthc �ow improvements. ars 0 �o O 9.0 Reoucst for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the Ea O4 G project by Weld County,the Applicant must present a Statement of Substantial Compliance from an Engineer N0 registered in Colorado that the project or a portion or the project has been completed in substantial compliance ao o with approved plans.and specifications documenting the folbwIng: an et 4O° 9.1 The Engineer or his representative has made regular on-Site inspections during the course of a0` construction and the construction plans utilized are the same as those approved by Weld County. _Sloe 9.2 Test results must be submitted for ail phases of this project as per Colorado Department of Transportation Schedule for minimum materials sampling, testing and inspections found in the Colorado'Department of Transportation(COOT)Materials Me nuai. 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 compliancies 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 Sub tantal Compliance must be accompanied, if appropriate, by a letter of acceptance of mainrcnaneo and responsibtlityby the appropriate utility company, special district or town for any utilities. 9.5 A letter MUST be submitted tom the appropriate Fire A uthority indicating the file hydrants arc in place in accordance with the approved plans. The lettcrshall indicate ifthe fire hydrants are operational and state the results of tire flow tests. 9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance and recommcndationofapproval of the streets by the County, the applicant(s) tinyrequestrelease of the collateral for the projector portion of the projeot by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release ofcollatcral 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 up or final approval by the Board of County Commissioners. 10.0 Public Sites and Open Spaces: When the Board o[County Commission ors,pursuant toa rezoning,Subdivision or Planned Unit Devclopment,requiresthe 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 iocadon suitable for public use for parks,greenbelts or schools,said actions shall be secured In accordance with one of Ff�7M :RICKLI-RRCHITECTS FRX NO. :303 795 5145 Jun. 18 2004 03:58PM P7 Pickett#Engineering, 8Inc. 970-356-6496 P. • the following alternatives,or as specified in the Planned Unit Development(PUD)Plan,if any: 10.1 The required acreage as may be determined according(0 the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate scl ooldistriot.for one of the above purposes. Any area so dedicated shall be maintained by the Co unty or schoo I 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 main u nance of which shall he a specific obligation in the deed of each lot within the Subdivision or Planned Unit Dcvelopm eat. 10.3 In lieu of land, the County may req uire a payment to the County in an amount equal to the market value at the time of Final Plat submissi on ofthe required acreage as determined according to Chapter 24 of the Weld County Code. Such value shall be determined by a competent land appraiser chosen Jointly by the B oard and the Applies nt. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assi ens: 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. 1 11111111 1111111111111111111111111I I1111111111111 3213140 08/27/2004 01:17P Weld County, CO 6 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • • • • FROM :RICKLt-ARCHITECTS FAX NO. :303 795 5145 Jun. 18 2004 03:59PM PB Pickett#Engineering, #Inc. 970-356-8488 p. 8 IN WITN ESS W IIEREOY,the parties hereto have caused this Agreemantto be executed on the day and year first above written. APPLICANT: ,C ....tK /.... CCU d ' APPLICA, 1049,W/.t '#oc[7/e.#10 d TIME:.. P/ eWieg ....t;re._ , _ '4 t Subscribed and sworn to before me this�f —day ot'_Q 4 it —, 20041 . +�'•, n . ',�` ',,,�..... 'i .'. ., 9j • My Commission expires: � , 3_.___� /h ottary Public �� BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO err 1851 � � We��ii,Q lark to the Board ` ,tl/1r��rt\�l—\�1\V\— `t; )n ,1,,, i''�k�''' ,�4n J'i Robert D. Masden •Chalr+ AUG 0 9 2004 s Deputy Cler t the Board APPROVED AS TO FORM: _ _ _ aunty Attar y 1111011111111111011111101111111 11111 III 1111111111111 3213140 08/27/2004 01:17P Weld County, CO 7 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder - cwDD'�-a 8c=7E• 06-30-2004 11:42am From-Courtesy Auto Group +3037300661 T-184 P.009/017 F-904 FROM :RICKL.I-ARCHITF_CTS FAX M. :303 795 5145 Sun. 18 2004 04:39PM P2 PiokettuEngineerin6, #Inc. 970-356-6486 P. t2 • • EXHIBIT "A" • Hama of Subdivision i De Ilp 31 ��,p° AfE or Planned Unit Development T[� i� 7 !w 1 , r�!G �._... mims 'H Filing 'Homy_ �_g_____ �a� _- dos •Loeation: �i� • a�Te1 try slit. • — Ern o.m oll o Intending to be legally bound, the undersigned Applicant hereby agrees cc provide tbmughout this Subdivision or --= o a Planned Unit Development the following improvements, (Leave spaces blank where they do not apply) 0 —C 0 iii•s p., f ImproveinatttS r Ouautinv WA Unit Estimated Construction — 0 0 Costs Cost t VII ._n _ 0 Site grading _ KiOoG f�n le Sunni grading y scree.base 45eeo ?t3, 1S0 --ea o Street paving a ,y _, .=a o Curbs, gutters,and culverts .�O �(R?'O _ =No Sidewalk tPit 9(7° --o Storm sewer fealties - �mo Retan[ioa�onds �� Ditch Improvements ...�-s O, Subsurface drainage. -ce Sanitary sewers aim'seri 0 Trunk and forced lines e3co Mains Latcrats(house connected) bn-eke towage facilicics Dn•sitc water supply aad storage . - Water Mains(includes bore) Fire hydrants Survey and sumt monuments sad boxes Street lighting - Steect Names Fending req uirementS - a • Landscaping tipalanre 1'i Park improvements • Load culvert . ctrytdss.lieed swalc . Pia, -.I. et transfer - SUE,TOTAL: w�ar� St'fi o Engineering and Supervision Costs S M +t+.V (Testing.inspection,as•built plans sad work in additionto preliminary end finalplat;supervision of aerial construction by ccutractors) TOTAL ESTIMATED COST or IMPROVEMENTS ANN SUPERVISION S S3.%05P • The above improvornents shall be connected la acoordance wids ail County requirements and specifications, and . . , s • • The county at its option,and upon the request of the Applicant,may want an extension of time for completion for any' particular imp cavemen LS shown above,upon a showing by the Applicant that the above schedule moot be rnct. „�IIiie /il/NQ � By - -- ---- -- Applicant Applicant /9/MoMQ'JAR��//44 4 Wtet '&4€4WIfl'd /- ME:7— Date:__ Ale 20_2k. Title (If corporation,to be signed by President and attested to by Secretary,together with corp orate seal.) • • • I IVIII 1111111111 III'I II'lll1 11111 11111 111 111 1111 11 3213140 • 9 of 9 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • • • • • • • • • It • £d WH£0:Ge b00Z TZ 'unf SPSS S6L £0£: 'ON XHd S1J31IHDNU-I1NOIN: WOdA BANK=ONE, Bank One,NA Global Trade Services One Bank One Plaza Mail Code IL1-0236 Chicago,IL 60670 Tel:(800)634-1969 Fax:(312).954-0203 SWIFT:FNBCUS44 Telex:ITT4330253 FNBCUI.:. IRREVOCABLE STANDBY LEI PhR OF CREDIT NO. 00410485 DATE JULY 23,2004 BENEFICIARY: DRAFTS DRAWN MUST BE MARKED COUNTY OF WELD WITH OUR LETTER OF CREDIT NO.00410485 STATE OF COLORADO OPENER'S REFERENCE NO.00410485 1555 N. 17TH AVENUE GREELEY,CO 80631c41: GENTLEMEN: BY THE ORDER OF: �y APPLICANT: BDH&R INVESTMENT COMPANY 7590 S.BROADWAY LITTLETON,CO 80122 WE HEREBY ISSUE IN YOUR FAVOR OUR IRREVOCABLE STANDBY LE 1 1'ER OF CREDIT NO: 00410485 FOR THE ACCOUNT OF BDH&R INVESTMENT COMPANY FOR AN AMOUNT OR AMOUNTS NOT TO EXCEED IN THE AGGREGATE U.S.$550,000.00(FIVE HUNDRED FIFTY THOUSAND AND 00/100 U.S.DOLLARS)AVAILABLE BY YOUR DRAFT AT SIGHT ON BANK ONE,NA,CHICAGO,IL EFFECTIVE JULY 23,2004 AND EXPIRING AT OUR OFFICE ON JULY 15,2005. FUNDS UNDER THIS CREDIT ARE AVAILABLE AGAINST YOUR DRAFT AS HEREIN ABOVE SET FORTH MARKED "DRAWN UNDER BANK ONE,NA LETTER OF CREDIT NO. 00410485"AND ACCOMPANIED BY THE FOLLOWING: BENEFICIARY'S SIGNED AND DATED STATEMENT STATING THAT:"DEVELOPER HAS NOT PERFORMED THE OBLIGATIONS SPECIFIED IN THE IMPROVEMENTS AGREEMENT BETWEEN THE COUNTY OF WELD AND BDH&R INVESTMENT COMPANY,AND THE ISSUER HAS BEEN NOTIFIED." PARTIAL AND MULTIPLE DRAWINGS ARE NOT PERMIT FED. DEMANDS PRESENTED BY TELEFACSIMILE("FAX")TO FAX NUMBER 312-954-0203,OR ALTERNATELY TO FAX NUMBER 312-954-2457 ARE ACCEPTABLE,UNDER TELEPHONE PRE-ADVICE TO 312-954-1910,OR ALTERNATELY TO 312-954-5603;PROVIDED THAT THE ORIGINAL DRAFT, STATEMENT AND LE 11 ER OF CREDIT SHALL BE SIMULTANEOUSLY FORWARDED BY OVERNIGHT COURIER SERVICE TO OUR OFFICE AT 300 S.RIVERSIDE PLAZA,7TH FLOOR,MAIL CODE IL1-0236, STANDBY LETTER OF CREDIT UNIT,CHICAGO,IL 60606-0236;PROVIDED FURTHER THAT THE FAILURE OF THE COURIER SERVICE TO TIMELY DELIVER SHALL NOT AFFECT THE EFFICACY OF THE DEMAND. THE DOCUMENT(S)REQUIRED MUST BE RECEIVED BY FAX ON OR BEFORE THE EXPIRY DATE ON THIS INSTRUMENT IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT. ALL BANKING CHARGES OTHER THAN THE ISSUER'S ARE FOR THE BENEFICIARY. Page 1 of 2 BANK=ONE® Bank One,NA Global Trade Services One Bank One Plaza Mail Code IL1-0236 Chicago,IL 60670 Tel:(800)634-1969 Fax:(312)954-0203 SWIFT:FNBCUS44 Telex:ITT4330253 FNBCUI. OUR LE 11 ER OF CREDIT No.00410485 DATE:JULY.23,2004 WE ENGAGE WITH YOU THAT DRAFTS DRAWN UNDER AND IN CONFORMITY WITH THE TERMS AND CONDITIONS OF THIS CREDIT WILL BE DULY HONORED ON PRESENTATION IF PRESENTED ON OR BEFORE THE EXPIRATION AT OUR COUNTERS AT 300 SOUTH RIVERSIDE PLAZA,7TH FLOOR, MAIL CODE IL1-0236,ATTN: STANDBY LEI PER OF CREDIT UNIT,CHICAGO,IL 60606-0236. THE ORIGINAL LETTER OF CREDIT MUST ACCOMPANY THE DOCUMENTS REQUIRED UNDER THIS CREDIT FOR ENDORSEMENT. THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS(1993 REVISION),INTERNATIONAL CHAMBER OF COMMERCE-PUBLICATION 500. PLEASE ADDRESS ALL CORRESPONDENCE REGARDING THIS LETTER OF CREDIT TO THE ATTENTION OF OUR STANDBY LETTER OF CREDIT UNIT,TRADE SERVICE GROUP,MENTIONING OUR LETTER OF CREDIT NUMBER AS IT APPEARS ABOVE. VERY TRULY YOURS, BANK ONE NA A `P PARER A JTH RIZED SIG R ga- AUTHORIZED SIG N>J Page 2 of 2 Hello