HomeMy WebLinkAbout20042977 RESOLUTION
RE: APPROVE LANDSCAPE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY
REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN,
AND ACCEPT COLLATERAL FOR SITE PLAN REVIEW, #373 - M. T. N. T., LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on July 28, 2004, the Department of Planning Services staff approved a Site
Plan Review,#373,for M.T. N.T., LLC, do Martin and Theresa Valencia,3690 Stagecoach Road,
Longmont, Colorado 80501, for a on the following described real estate, to-wit:
Lots 5 and 6, Block 1, Western Dairymen
Cooperative Subdivision being located in part of the
NE 1/4 of Section 10, Township 2 North, Range 68
West of 6th P.M., Weld County, Colorado
WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with
a Landscape Improvements AgreementAccording to Policy Regarding Collateral for Improvements
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and M. T. N. T., LLC, with terms and conditions being as stated
in said agreement, and
WHEREAS, the Board has been presented with Irrevocable Standby Letter of Credit No.
1544, from Guaranty Bank and Trust Company, 900 S. Main Street, Longmont, Colorado 80501,
in the amount of$47,856.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said 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 between the County of Weld,State of Colorado, by and through the Board of County
Commissioners of Weld County, and M. T. N. T., LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED that Irrevocable Standby Letter of Credit No. 1544, from
Guaranty Bank and Trust Company,900 S. Main Street, Longmont,Colorado 80501,in the amount
of$47,856.00, be and hereby is, accepted.
2004-2977
PL1747
IMPROVEMENTS AGREEMENT - M. T. N. T., LLC
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 6th day of October, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W; LINTY, COL_ ORADO
Lifi2/1 \\� \\JnV'\h r
Robert D. Masden, Chair
_ �pCto the Board1861 ? t4StaClerk�{j�', Y �1
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•
William H. J e, Pro-Tern
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t IIi� � Clerk to the Bo.
M. J. eile
7ED AS T EXCUSED
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y David E. Long
ount Attom /v/
Glenn aad
Date of signature: /d/4--rdy
2004-2977
PL1747
fo MEMORANDUM
TO: Board of County Commissioners October 5, 2004
COLORADO. FROM: Jacqueline Hatch
SUBJECT: SPR-373, Valley Camper RV
The Department of Planning Services received an Irrevocable Standby Letter of Credit for the
Private Improvements Agreement for SPR-373 (Valley Camper RV).
The collateral for the Improvements Agreement is in the amount of forty seven thousand eight
hundred and fifty six dollars ($47,856.00)for landscaping and fencing.
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 landscaping aspect required for SPR-373.
Ja - a 977
rte:itk;;:e-
MEMORANDUM
WI I D Lee Morrison DATE: Sept. 29, 2004
C TO: Le Assistant County Attorney
COLORADO• FROM: Donald Carroll, Engineering Administrator
SUBJECT: SPR-373, Valley RV Center
The intent of the agreement is to cover the major improvements for the site. In the Exhibit B portion, the
applicant did not identify the third item, paving, with a time line for completion. As you are aware, this is
located in the mixed use development area where we require paving. The applicant has identified this on the
plat.
As a suggestion, the applicant could submit a letter of commitment to pave in the spring no later than June 1,
2005. As you are aware, the asphalt plants will be shutting down soon for this construction season. Asphalt
plants reopen in April. This will give the applicant additional time for site work and prep prior to paving. As this
is not being accepted for county maintenance and is within the Western Dairymen Industrial Park, a paving
commitment with a time line would be acceptable.
pc: Jacqueline Hatch, Planner
SPR-373
M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\SPR-373-A.DOC
Valley Camper RV
701 S. Main St. • Longmont, CO 80501 • Phone 303-772-2010 • Fax 303-772-1636
Weld County Planning Department 10/05/04
1555 N. 17th Ave.
Greeley, CO. 80631
970-353-6100
To Whom It May Concern:
This is a letter of commitment for M.T.N.T., LLC. to have the paving at
3690 Stagecoach Road Longmont, CO. completed before May 31St 2005.
Martin P. Valencia
Member
Th esa M. Valencia
,tf. 1/22114,
Member
5th Wheel Trailer • Motor Homes • Tent/Trailers • Travel Trailers • Popup Campers
Toppers • Parts • Service
AHD! 11111 11111 111111111 I I 111111111111
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LANDSCAPE IMPROVEMENTS AGREEMENT
ACCORDING TO POLICY
REGARDING COLLATERAL FOR IMPROVEMENTS
THIS AGREEMENT, made and entered into this 14th day of September, 2004, by and
between the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter called "County", and M.T.N.T., LLC, hereinafter called"Applicant".
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following
described property in the County of Weld, Colorado:
3690 Stagecoach Road, Longmont, CO
Western Dairymen Cooperation Subdivision
WHEREAS, a Landscape Plan for 3690 Stagecoach Road has been submitted to the
County for approval, and
WHEREAS, relevant Sections of the Weld County Code provide that no Site Plan shall
be approved by the County until the Applicant has submitted an Improvements Agreement
guaranteeing the construction of the improvements shown on plans, 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 Site Plan, the parties hereto promise, covenant and agree as follows:
1.0 Architect Services. Applicant shall furnish, at its own expense, all architect services in
connection with the design and construction of the site improvements listed on Exhibit"A"
which is attached hereto and incorporated herein by reference.
1.1 The required architectural and engineering services shall conform to the standards
and criteria established by the County for public improvements.
1.2. The required 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.
2.0 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
1
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HBO 11111111111111111111111111111111III11111 SIB
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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.
3.0 General Requirements for Collateral. The value of all collateral submitted to Weld
County must be equivalent to One-Hundred percent (100%) of the value of the landscape
improvements as shown in this Agreement. The improvements shall be completed within one (1)
year after the Final Approval(not one year after the acceptable collateral is submitted) unless
the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its
expiration and further provides that cost estimates for the remaining improvements are updated
and collateral is provided in the amount of One-Hundred percent (100%) of the value of the
improvements remaining to be completed. If improvements are not completed and the
Agreement not renewed within these time frames, the County, at its discretion, may make
demand on all or a portion of the collateral and take steps to see that the improvements are made.
4.0 Improvements Guarantee: The collateral listed below is acceptable to Weld County
subject to final approval by the Board of County Commissioners.
4.1 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:
4.1.1 The Letter of Credit shall be in the amount of Petty Eight Thousand
Dollars ($18,000.00). ror-"1 wets.1TWevaAna 9"U-
41/MP 4l.+.d„d a.-4 F.*+aSs pcnt.°
4.1.2 The Letter of Credit shall provide for payment upon demand to Weld ®✓
County if the developer has not performed the obligations specified in the 11
Improvements Agreement and the issuer has been notified of such default.
4.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
4.1.4 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 completed 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
2
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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.
4.1.5 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.
4.1.6 The Letter of Credit shall specify that the date of the 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.
5.0 Request for Release of Collateral. Prior to release of collateral for the entire landscape
project or for a portion of the project by Weld County, the Applicant must present a Statement
that the project or a portion of the project has been completed in Substantial Compliance with
approved plans and specifications.
5.1 Following the submittal of the Statement of Substantial Compliance and
recommendation of approval by the County, the applicant(s) may request release of the collateral
for the project or a portion of the project.
6.0 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.
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 J cannot ca be
By: filth I LIE
Applicant
pl
i�ew Date: /0"5:D�
Title
3
AFIRE
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IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year
first above written.
APPLICANT` a ...
APP LICAN-ISLA__._IC_t8!61A- y:4
.' .•`,4q eriforea and sworn to before roc this __ day of 041
147.0 P.!'t • • slytl'•tpi1.
otary Public
4 EL. 111/ BOARD OF COUNTY COM MISSIONERS
WELD COUNTY. COLORADO
1861 , �oui Jerk to the Board
Robert ---10/06/2004
% rh ;.' �;
cputy Clerk I the Board
APPROVED AS TO FORM:
Count;Ti ttorney
Lie
?Doi/-a 977
111111 IIE 111111111111111111111111111 III 11111 IIII IIII
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EXHIBIT "A"
NnName of Subdivision n •
•
or Planned Unit Development fy /�/Ky /1� C._100_ ge4EIVL____
Filing —______—__
Location: 5440_ S-Mc Bs .t j dO.
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
-C.osts st
Site grading
Street grading
Street base
Street paving
Curbs,gutters,and culverts
v
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(includes bore)
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street rmes Lr
Fencing requirements 715'4715'477Sw
Landscaping
Park improvements X51
culvert
Road C Kit
Grass lined swale
Telephone
Gas
Electric
Water transfer
SUB-TOTAL:
Engineering and Supervision Costs$
(Testing. inspection.as-built plans and work in addition to preliminary and final plat:supervision of actual construction
M contractors)
TOTAL ESTIMATED COST OF LANDSCAPE IMPROVEMENTS AND SUPERVISION$48.000.00
the above improvements shall he constructed in accordance with all County requirements and specifications.and
f
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conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Said tmprovemeniss shall be completed according to the construction schedule set out in Exhibit"B."
By. w /-44•---------
kat,,
Applicant h ��f�i
`Lf0ANbrai. Dale& de t ,20 G7"
Tillc
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
b
1 RIO 1 1111 11111 1111111 11111 HUN III 11111 IIII IIII
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EXHIBIT "B"
Name of Subdivision
or Planned Unit Development w!!4aR4_�
g: __ A;,�_J_ (� _ �/,��yEz
Filin _____c►__ 't
Location: 3(090 _ _--e ��__Ttasita-tAiruzbki C t .--- _
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or
Planned Unit Development the following improvements.
All improvements shall be completed within__/ _years from the date of approval of the final plat Constmction
of the improvements listed in Exhibit'A"shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site aradine 31.31/0S'
Street base
paving 513! OS"
Curbs.gutters,and culverts 3/31 '0 5'"
Sidewalk
Storm sewer facilities 3/3//o
Retention ponds
Ditch improvements
Subsurface drainage
r$anitary sewers
Trunk and forced lines
Mains
Laterals(house connected) 3/3/ /Q rj"
On-site sewage facilities
On-site water supply and storage
Water mains
Fire hydrants 3/ 3//QS'
Survey and street monuments and boxes
Street lighting
Street name signs
Fencing requirements 3 431 `O
3
Landscaping 3/ 1 a
Park imorovem ents
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water Transfer
SUB-TOTAL:
PP 1
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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: "14
Applicant
Qlsithia,_AL__.VASZG•
Applicant
A/:is'abl5c,5 Date:gl,___
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
Sun Construction & Design Services, Inc .
General Contractors
September 15, 2004
Weld County Department of Planning Services
1555 N. 17th Avenue
Greeley, CO 80631
Attn: Monica Daniels-Mika
Re: Valley Camper
Dear Ms. Daniels-Mika,
This letter is to verify that the landscaping for the Valley Camper project located at 3690
Stagecoach Dr., Longmont, Colorado will be installed in compliance with the landscape
plan approved by Weld County. Furthermore, any plants that fail to survive will be
replaced no later than twelve months after original installation.
Sincerely,
Sun C nst uction & Design Services, Inc.
40:,„L
William B. Prout, Vice President/ General Manager
1232 Boston Avenue • Longmont, CO 80501 • (303) 772-6776 • (303) 444-4780 • FAX: (303) 444-6774
GUARANTY BANK non es roe
T
E• Bur Baxin (303) 29i-2938
AND j RUST COMPANY WEB WWW.GUAaAN IYBANKONLINE.LON,
IRREVOCABLE STANDBY LETTER OF CREDIT
NO. 1544
DATE OF ISSUE: September 20, 2004
AMOUNT: $47,856.00
EXPIRY DATE: September 20, 2005 with automatic renewal provision
Lu. tmert
Downtown Bank
1331 17TH STREET Beneficiary:
P.O.Box 5847 BOARD OF COUNTY COMMISSIONERS
DENVER,CO 80217
FAX (303)296-0228 Weld County Planning Services
918 10th Street _ )
Boulder Bank Greeley, CO 80631
1375 WALNUT STREET
BOULDER,CO 80302
sax (303) 443-3056 Gentlemen:
Cherry Creek Bank At the request of and for the account of our customer, MTNT, LLC, ("Customer")
3301 E..lsr AVENUE 1210 Reserve Drive, Longmont, CO 80501 we hereby issue our Irrevocable
DENVER,CO 80206
FAX (303) 388-3275 Standby Letter of Credit in your favor in the aggregate amount not exceeding
FORTY SEVEN THOUSAND EIGHT HUNDRED FIFTY SIX AND 00/100THS
Cherry Hills Bank USDollars (USD$47,856.00).
6501 E.BELLEVIEW AVE.
ENGLEWOOD,CO 80111
FAX (720) 493-5866 Funds under this credit are available with GUARANTY BANK AND TRUST
COMPANY by payment against presentation of your sight draft(s) drawn on us, at
DTC Bank our office, on or before the expiry date when accompanied by the following:
5445 DTC PARKWAY
PENTHOUSE ONE
GREENWOOD VILLAGE, 1. This Original Letter of Credit,
CO 80111
FAX (303) 804-5510
2. A signed statement from the Board of County Commissioners of Weld
Gateway Park Bank County, Colorado stating that MTNT, LLC has committed a material breach
3950 LEWISTON STREET of the Improvement Agreement according to Policy Regarding collateral for
AURORA,CO 80011 Improvements regarding Western Dairymen Cooperative, 3690 Stagecoach
sax (303) 574-0855
Road, Longmont, CO dated the 14th day of September 2004 between MTNT,
Jefferson Bank LLC and the Board of County Commissioners of the County of Weld.
16800 W.COLFAX AVENUE
GOLDEN, CO drawings are permitted.
FAX (303) 80401
3 313-8525 Partial g
Longmont Bank
900 5.MAIN STREET
LONGMONT,CO 80501
FAX(303) 702-0451
Meridian Bank
11806 OSWEGO STREET
ENGLEWOOD,CO 80112
FAX(303) 312-3198
Page 2
IRREVOCABLE LETTER OF CREDIT
NO. 1544
This page shall be attached to and become an integral part of the above referenced
Letter of Credit
Special Condition
It is a condition of this Letter of Credit that it shall be deemed automatically
extended without amendment for, additional one year periods from the current
expiration date hereof unless at least sixty (60) days prior to such current expiration
date Guaranty Bank and Trust Company shall notify the Beneficiary in writing, that
the Letter of Credit will not be extended for such additional period by overnight
courier to the address indicated above. In the case you receive such notification, you
may draw by presentation of the following: (a) a draft at sight on GUARANTY
BANK AND TRUST, DENVER, CO; (b) a statement purportedly signed by an
official of the Board of County Commissioners of Weld County, Colorado stating
we have received notice from GUARANTY BANK AND TRUST COMPANY,
DENVER, CO that the Letter of Credit No.1544 will not be renewed and that
MTNT, LLC has failed to provide proof of adequate collateral and substitution of
this Letter of Credit No. 1544; (c) copy of letter from GUARANTY BANK AND
TRUST COMPANY, DENVER, CO stating non-renewal of Letter of Credit
No.1544 and the Original Letter of Credit.
Except as otherwise expressly stated herein this credit is subject to the Uniform
Customs and Practice of Documentary Credits (1993 Revision) International
Chamber of Commerce, Publication 500 (UCP 500).
Any draft presented must bear the words "Drawn under GUARANTY BANK AND
TRUST COMPANY Irrevocable Letter of Credit No. 1544 dated September 20,
2004.
This Letter of Credit will Expire at Our Counter 3:00 p.m. Denver Time on the
expiry date or any future expiration date thereof.
Please address all communications regarding this Letter of Credit to the attention of
Guaranty Bank and Trust Company, Letter of Credit Department, 1331 17th St.,
Denver, CO 80202, mentioning specifically our Irrevocable Letter of Credit No.
1544, issued for the account of MTNT, LLC.
Page 3
IRREVOCABLE LETTER OF CREDIT
NO. 1544
This page shall be attached to and become an integral part of the above referenced
Letter of Credit
We hereby agree with drawers and endorsers, and bona fide holders of drafts
negotiated under this Letter of Credit that the same shall be duly honored upon
presentation and delivery of the documents as specified above.
Sincerely,
GUARANT NK AND TRUST C• P r•Y
Jo . Perkins Robe ■
Executive Vice President SV Preside cial Credit Manager
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