HomeMy WebLinkAbout20032675.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE),
AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR PLANNED UNIT
DEVELOPMENT, PF #1007, THE SHIRE PUD - LANCE AND JULEE MEINERS
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 May 14, 2003, the Board of County Commissioners approved a Change
of Zone, PZ#1007 from A (Agricultural) Zone District to a PUD (Planned Unit Development) Zone
District, for five (5) lots with E (Estate) Zone uses and one (1) non-residential lot with A
(Agricultural) Zone uses, and
WHEREAS, on August 21, 2003, the Department of Planning Services staff
administratively reviewed and approved the Site Specific Development and Final Plan, PF
#1007, for Lance and Julee Meiners, 713 Sitka Street, Fort Collins, Colorado 80524, for five (5)
lots with E (Estate) Zone uses and one (1) non-residential lot with A (Agricultural) Zone uses on
the following described real estate, to-wit:
Lot C of Recorded Exemption #3092; being further
described as part of the NE1/4 NW 1/4 of Section
33, Township 9 North, Range 67 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 Addendum replacing Section 8.0, between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
and Lance and Julee Meiners, with terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with a letter confirming a Development Loan
to Lance and Julee Meiners from Centennial Bank of the West, 4650 Royal Vista Circle, Fort
Collins, Colorado 80528-9370, in the amount of$237,750, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Development Loan 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) and the Addendum replacing Section
8.0, between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Lance and Julee Meiners, be, and hereby is, approved.
2003-2675
PL1658
PC Pt . -1914 ii°PL, f7C'c
IMPROVEMENTS AGREEMENT - LANCE AND JULEE MEINERS
PAGE 2
BE IT FURTHER RESOLVED that the Development Loan to Lance and Julee Meiners
from Centennial Bank of the West, 4650 Royal Vista Circle, Fort Collins, Colorado 80528-9370,
in the amount of$237,750, be and hereby is, accepted as collateral.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of September, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEL\Q,COUNTY, COLORADO
ATTEST: LLZ/ [/U/��a.47 �lvivi ceVofy
�
David E. Long, Chair
Weld County Clerk to the Board
EXCUSED BY: Robert D. den, Pro-Tem
��.:..
La
ty Clerk to the Board � Q
E�c,w• M. J. eile
I
/
1861 '' �.• ' y . ` Z 511
?•�J�','j�'.� Willis H. Jerk
ttorne ��
♦ :� Glenn Vaad
Date of signature: it/-n/so
2003-2675
PL1658
125
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLIC ROAD MAINTENANCE) A
THIS AGREEMENT, made and entered into this t day of ISW lL5T , 20_03 by
and between the County of Weld, State of Colorado acting through its Board of County Commissioners,
hereinafter called"County," and Lance and 3'U.\Qe,MQ\n.xS ,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:
W-MA Nwik ,33 ) G1 X.Vn PM , \AiC , CO
(S\-\krt X\anned Un\k -Deee\opmenA')
WHEREAS, a final SulJdivision/Planned Unit Development (PUD) Plat of said property, to be
known as —The, SC\\re_, 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 Enuineerine 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
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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.
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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
suffipient 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.
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
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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
desi, n 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 fmal plat when the subdivider, applicant, or
' owner expects to receive reimbursement for 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 Ill
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.
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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, 19821 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.
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5.8 This provision is not intended to create any cause of action against Weld County
or its officers or 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
fords 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
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subject to final approval by the Board of County Commissioners and the
execution of this Agreement. Acceptable collateral shall be submitted and the
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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
acceptable collateral is submitted) unless the applicants) requests that this
,Agreement be renewed at least thirty(30) days prior to its expiration and further
provides that cost estimates for the remaining improvements are updated and
collateral is provided in the amount of One-Hundred percent (100%) of the
value of the improvements remaining to be completed. If improvements are not
completed and the agreement not renewed within these time frames, the County,
at its discretion, may make demand on all or a portion of the collateral and take
steps to see that the improvements are made.
7.2 The applicant may choose to provide for a phased development by means of
designating filings of a Planned Unit Development Final Plan or Subdivision
Final Plan. The applicant would need only to provide collateral for the
improvements in each filing as approved. The County will place restrictions on
those portions of the property that are not covered by collateral which will
prohibit the conveyance of the property or the issuance of building permits until
collateral is provided or until improvements are in place and approved pursuant
to the requirements for a Request for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits "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."
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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 fmal fifteen percent (15%), or one year from the date of Final Plat
approval, whichever occurs first. Said letter shall stipulate that, in any
event, the Letter of Credit shall remain in full force and effect until after
the Board has received sixty (60) days written notice from the issuer of
the Letter of Credit of the pending expiration. Said notice shall be sent
by certified mail to the Clerk to the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property
acceptable to the Board of County Commissioners provided that the following
are submitted:
8.2.1 In the event property within the proposed development is used as
collateral, an appraisal is required of the property in the proposed
development by a disinterested Member of the American Institute of
Real Estate Appraisers (M.A.I.) indicating that the value of the property
encumbered in its current degree of development is sufficient to cover
One-Hundred percent (100%) of the cost of the improvements as set
forth in the Improvements Agreement plus all costs of sale of the
property.
8.2.2 In the event property other than the property to be developed has been
accepted as collateral by Weld County, then an appraisal is required of
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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.
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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
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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 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 thin 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.
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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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
APPLICANT: ! J�44,Le,t_ I a . , 1 244,`x•-7
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APPLICANT: �,/ 1 pj
TITLE: 0l,Jntr3
Subscribed and sworn to before me this day of(� 0 20 03.
My Commission expires: ��i/J.�_ psi c
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ISSUER OF DEVELOPMENT LOAN
(as to section 8.0):
CEAUT AM 1-3A-N OF 744E A/Es7-
BY., 1C4444tieg ,
TITLE: 5u. P.
-Lti
Subscribed and sworn to before me this 43„
day of &poem i;2003.
My commission expires: U g Kain.,,o
3 -3o' Notary Public
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ATTEST: ,,c\ I - L6%BOARD OF COUNTY COMMISSIONERS
„,„%a i LD COUNTY,COLORADO tates 1 is,;;;T;I fibs
Weld County Clerk to the BoarN 4 • I ravid E. Long Chair
`; / �g� 9/17/2003
BY: / 1_ Ararat. st. .a —
DeputyCler :oard
APPROVED AS TO FORM:
Coun A omey
Revised 07/01/2002
11 A MACTB\CTBFORMS'AYUBLIC
1 111111 11111 1111 111111 1111 VIII 1111111 III 111111 III /III
3113125 10/03/2003 11:31A Weld County, CO
---- 11 of 17 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
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EXHIBIT "A"
Name of Subdivision
or Planned Unit Development: The_, Sh 1(U
Filing:
RZ 1b0-1
Location: NEBNN} I.14I\4 , 33 [ % N U W , Lim 1 M 'JL, (o
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 Ouantitv Units Unit Estimated
tits Construction Cost
Site : adin_ g(a q
Street i adin.
Street base S l:D 7 5 0
Street •avin: I . - I ' �� • 3
Curbs, _utters,and culverts
Sidewalk ---
Storm sewer facilities `_- 1a`1 a le
Retention •onds
Ditch I •rovements
Subsurface draina:e
Sanitary sewers
Trunk and forced lines ---
MainsLat ---
Onerte (house lities
On-site sewa_e facilities
On-site water sup•I and storage
Water Mains(includes bore)
Fire h drants
Survey and street monuments and boxes
Street li:htin:
Street.Names ► 5\ n
Fencin:requirements
Landsca•in: a Co
Park improvements ---
Road culvert
Grass lined swale YbS lb l sn ► \ ,rr 300
Telephone
Ga
Gas
Electric • E.a--a DO
Water transfer ---
SUB-TOTAL:\� -_ 3 eLdne •
Revised 07/01/2002
M:\CIB\CTBFORMS\APUBLIC
III NMI 11111 LIR VIII IIIIIIIMI III INF III I'll
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Engineering and Supervision Costs$ oca',LLJ
(Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of
actual construction by contractors) pp
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 15,B09
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: �]�''�'` : . 3 , ,[,uwv,
App ' anhl t
S�LL�
Apt
l;(,t)I1Q,Y5 Date: LR1kS} S\ , 20 Q3 .
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
iIU,iL"111ll0'L'J"
VIIIVIII IIIIIIIIIIIIIIII IIIIIII11:31AWed County, CO 17 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Revised 07/01/2002
M:\CTB\CTBFORMSIAPUBLIC
13
•
•
EXHIBIT "B"
Name of Subdivision
or Planned UnitDevelopment: he, S`11(C
Filing: -t Z \OM
Location: NEilLk t\iW'k1 33 l —NM , "aloe1 l4Th -PM I VJC CG
All improvements shall be completed within 1 years from the date of approval of the fmal 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 grading BC5V1 SP p\-tiltec ZOO 3
Street grading
Street base esi-irn0.40 rn ✓
Streetpavinz wrAp P'1011 1 EP 5 - vJeOS
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 supoly and storage
Water mains
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Road culvert •
Grass lined swale
Telephone
Gas
Revised 07/01/2002
14 MACTB\CTBFORMS\APUBLIC
M111111111111111111
iii11111 1111111111111111111B
3113125 10/03/2003 11:31A Weld Cunty, CO
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Electric
Water transfer
SUB-TOTAL:
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: L,
App icant
•
D1V/LOA—)
Appiititt
Dt�ners Date: .tg190c4 II ,20 03.
Title J
(If corporation,to be signed by President and attested to by Secretary, together with corporate seal.)
•
�IIIIIIIIIIIIIIIt11111111IIIIIIdlliolIIIIIIIIIIII1111
3113125 10/0312003 11.31A Weld County,Clerk
Revised 07/01/2002
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Addendum
•
Revised Improvements Guarantee replacing previous section 8.0 as requested per County Attorney
8.0 ' Improvements Guarantee: The collateral listed below is acceptable to Weld County
subject to final approval by the Board of County Commissioners.
8.1 A Development Loan consisting of a, straight line of credit from a federal
licensed financial institution on a form approved by Weld County. The
Development loan shall specify at least the following:
8.1.1 The Development Loan shall be in an amount that is not less than'1 15%
of the total value of the improvements as set forth in Section 6.0 and
Exhibits"A"and"B."
8.1.2 The applicant may draw from the Development Loan in accordance with
the terms of the Construction Loan Agreement between the issuer of the
Development Loan and the applicant.
8.1.3 Draws shall be made under the Development Loan on a form agreeable
to the issuer of the Development Loan and shall include a certification of
completion of improvements prepared by an inspector who has been
approved by the issuer of the Development Loan. Draw requests may be
made in monthly intervals.
8.1.4 Draws from the Development loan shall be used for improvements as
specified in the Improvements Agreement and for no other purpose. The
issuer of the Development Loan shall review the monthly progress of the
improvements with a designated representative of the County and shall
disburse for payment only after the County has approved said
disbursement.
8.1.5 The Development Loan shall provide for payment on demand to Weld
County if the developer has not performed the obligations specified in
the Improvements Agreement. Demand shall be in the form of a
certified copy of a Resolution of the Board of County Commissioners
finding that the developer has not performed the obligations specified in
the Improvements Agreement and shall include evidence of completion
of any improvements made by Weld County for which payment is
needed. Payments made on demand to Weld County shall be limited to
the unreleased portion of the Development Loan.
8.1.6 The Development Loan shall specify that 15% of the total value of the
improvements as set forth in Section 6.0 and Exhibits "A" and "B"
cannot be drawn upon and will remain available to Weld County during
the term of the Development Loan. The amounts will be considered
"Warranty Collateral" and will be proportionally allocated to the public
improvements as listed in Exhibits "A" and "B." In the event the
Development Loan expires prior to the County's approval to release the
"Warranty Collateral", the applicant agrees to provide "Warranty
Collateral" in the amount of 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.
8.1.7 The Development Loan shall expire one year from origination of the
Development Loan. In any event, it shall remain in full force and effect
until after the Board has received sixty(60) days written notice from the
issuer of the Development Loan of the pending expiration. Said notice
shall be sent by certified mail to the Clerk to the Board of County
Commissioners. 1111111 111II III 111111 11111 11111 111
1111111I1111I1111IIIIII11111 111 III 101
3113125 10/03/2003 11:31A Weld County, CO
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Addendum
ORS (as to section 8.0):
02,...4
t . B, ,4,
Lance . B. Meiners
/ei kJul K. Meiners - '
4 S ,
Subscribed and sworn to before me this /`� day of .S Ni�Z/, 2003. , _s9 .,a 4 u
, `� `
My commission expires: Pa /1 _ _ n '_ �"" •°'
/I -0Q7--09-0Oz/ Notary Public 0.- , "�..,'‘`\\ 1
P,•• •.�6df ZA
d : 8I 4411 f E O
ISSUER OF DEVELOPMENT LOAN
�
(as to section 8.0):
1.2ti�ckfm tic oF-Tat klesi
BY:
TITLE: VIa-R15ii>+.-'
IA
Subscribed and sworn to before me this id day of R(kniae r,2003.
My commission expires: ��Q ^
3 - 30 - (�5 Not ry Public `e,
1 I 11.31A Weld County, :
0B0°4. =
17 of 17 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
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CENTENNIAL BANK
of the West
September 11, 2003
To: Lee Morrison
Sherry Lockman
Weld County
From: Dan Byers, Vice-President, Centennial Bank of the West
Re: Revised Improvement Guarantee for The Shire P.U.D.
Centennial Bank of the West has read and agrees to the provisions outlined in the
Revised Improvements Guarantee replacing previous section 8.0 as requested per County
Attorney. All provisions of the Guarantee are in place and the Development Loan is
in place for Lance and Julee Meiners.
If you have any questions regarding these items, please contact me directly at 970-267-
6�825. _4�
Cam' 1—).eiti
Dan Byers
Vice-President
Centennial Bank of the West
4650 Royal Vista Cr.•Ft.Collins,CO 80528•Bus:(970)266-0505•Fax:(970)454-4171 •www.centennialbanks.corn
Weld Count; Planning Department
GREEI-II/ OFFICE <-
cot__
AUG 1 3 2003
CENTENNIAL, BANK
of theWest RECEIVED
August 11, 2003
To: Whom It May Concern
From: Dan Byers, Centennial Bank of the West
Re: Loan Approval for The Shire P.U.D. —Lance and Julee Meiners
Centennial Bank of the West has approved and closed a loan for Lance and Julee Meiners
to fund the development of their subdivision named The Shire P.U.D. The loan is in
the amount of$237,750 and is expected to fund the entire costs for this project.
If you have any questions, you may reach me at 970-267-6825.
Dan Byers
Vice-President
/Aft4c1 MEMORANDUM
Wi`Pe_ TO: Board of County Commissioners
COLORADO DATE: August 26, 2003
FROM: Sheri Lockman, Planner II
SUBJECT: Acceptance of Improvements Agreement According to
Policy Regarding Collateral for Improvements (Public Road
Maintenance), and acceptance of loan
The Shire PUD
Case Number PF-1007
Lance and Julee Meiners, applicant
The Departments of Planning Services and Public Works have reviewed the Improvements
Agreements for The Shire PUD.
Items covered under the Improvements Agreement According to Policy Regarding Collateral for
Improvements (Public Road Maintenance) include:
Site grading $ 6,945.
Street grading $ 14,488.
Street base $ 5,720.
Street paving $ 35,937.
Storm sewer facilities $ 2,767.
Street name signs/stop sign $ 350.
Landscaping $ 400.
Grass lined swale/Erosion Control $ 3,000.
Electric $ 4,000.
Engineering and supervision $ 2,200.
Total Estimated Cost of Improvements and Supervision $ 75,807.
Loan amount $237,750.
The Department of Public Works and the Department of Planning Services, have determined
that the amount of the agreement will be sufficient to complete the work required for The Shire
PUD. The Department of Planning Services recommends acceptance of the Improvements
Agreement According to Policy Regarding Collateral for Improvements (Public Road
Maintenance) and approval of the loan.
I ti
i ; � -
Weld County Planning Department
r7ri FY (FETE
UL; 2 6 2003
MEMORANDUMWI
ITO: Chris Gathman, Planner II DATE: August 22, 2003
FROM: Donald Carroll, Engineering Administrator
eip
SUBJECT: PZ-1007, Meiners
COLORADO
The applicant has resubmitted a Public Road Maintenance Agreement for The Shire. I have verified that the
improvements, quantities, and unit costs for the transportation portion are adequate.
All other non-transportation items should be verified by Planning Services prior to scheduling for a Board of
County Commissioner hearing on acceptance of collateral.
pc Kim Ogle, Planning
Peter Schei, Public Works
PZ-1007
M:\PLANNINGTZ-2.DOC
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