HomeMy WebLinkAbout20032637.tiff RESOLUTION
RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR
RESUBDIVISION, S #626, FOR A LOT LINE ADJUSTMENT ONLY, SIARRA RUN
SUBDIVISION - SCOTT AND DEANNE DAY
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, by Resolution dated April 1, 2002, the Board approved the application of
Scott and Deanne Day, 16722 Quail Run Road, Keenesburg, Colorado 80643, for a
Resubdivision, S #626, for a Lot Line Adjustment Only on the following described real estate, to
wit:
Lots 7, 8, 9, 10, and 11 of the Siarra Run
Subdivision located in Section 31, Township
1 North, Range 65 West of the 6th P.M., Weld
County, Colorado, and
WHEREAS, on May 22, 2002, the Board of County Commissioner of Weld County,
Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for
Improvements (Public Road Maintenance) for Resubdivision, S #626, between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
and Scott and Deanne Day with terms and conditions being as stated in said agreement, and
accepted as collateral an Escrow Account with Special Instructions, from Lawyers Title
Insurance Corporation, dba Title Services, in the amount of a $15,000 initial deposit with
additional monies to be collected upon closings of the first four lots, and
WHEREAS, staff from the Weld County Department of Public Works has conducted a
visual inspection of the Siarra Run Subdivision and determined that Jordan Way has been built
to County standards and that the subgrade, base, and asphalt has been tested throughout
construction with no failures being reported, and
WHEREAS, Aggregate Industries - WCR, Inc., the paving contractor, has provided a
letter, dated June 24, 2003, to warrant their workmanship for a period of one year from the date
of completion, which shall remain in full force until April 15, 2004.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Escrow Account with Special Instructions, from Lawyers Title
Insurance Corporation, dba Title Services, be, and hereby is, canceled and released.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby
is, directed to notify Title Services of said release.
111111111111111111111111111IIII LIB ill HEM VIII 2003-2637
3112031 10/01/2003 12:24P Weld County, CO PL1599
1 of 2 R 0.00 0 0.00 Steve Moreno Clerk& Recorder �f(' P Z. ( .1 ( 6
CANCEL COLLATERAL - DAY
PAGE 2
BE IT FURTHER RESOLVED by the Board that the letter of warranty, dated June 24,
2003, from Aggregate Industries -WCR, Inc., be, and hereby is, accepted as collateral, to
warrant workmanship, until April 15, 2004.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of September, A.D., 2003.
• B RD OF COUNTY COMMISSIONERS
` ,�/�//��l W COUNTY, COLORADO
ATTES • /I /D6'WU.� f
David E. Long, Chair
,�1 I:�.�•�- . ! Ito the Board
EXCUSE
1861 l ;,''" � � Robert asden, Pro-Tem
the Board
M. J. Geile
APP S T OR • EXCUSED
Willi/� I. Jer
C ty ttorney
Glenn Vaal
Date of signature: 9—/ 5'r—r
11111111111111111111111 IIII11111111IIIMUM IIII 2003-2637
3112031 10/01/2003 12:24P Weld County, CO PL1599
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
0: \ MEMORANDUM
1111 D TO: Clerk to the Board DATE: July 9, 2003
•
COLORADO FROM: Donald Carroll yQ
Engineering Administrator
SUBJECT: Case S-626, Sierra Run Subdivision
Release of Collateral/Acceptance of Partial Maintenance
On June 25, 2003, I received the additional documentation from Aggregate Industries and Terracon
as requested in my June 5, 2003, memo.
With this documentation,I verified that Jordon Way in the Sierra Run Subdivision has been built to
County standards and that the subgrade, base, and asphalt has been tested throughout construction
with no failures being reported.
Aggregate Industries was the paving contractor and has provided a letter to warranty their
workmanship for a period of one year from the date of substantial completion of the job. This
warranty shall remain in full force effective until April 15, 2004.
The Weld County Public Works Department recommends release of collateral as we are holding a
guarantee/warranty from Aggregate Industries,which guarantees the pavement section until April 15,
2004.
pc: S-626
Frank B. Hempen, Jr., PE, Director of Public Works/County Engineer
Matt Dixon, GIS Tech
Mel Everhart, Motor Grader Supervisor
Lee Morrison, Assistant County Attorney
M:\PLANNING\AGENDA.doc
EXHIBIT "A"
Name of Subdivision
orPlannedUnitDevelopment: k� I G.rrO. Run
N
Filing: c Run
Location: in�(, 3q r SiOrrQ
a
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this . s
Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do t?
not apply) eel
Unit Estimated
Quantity Units Costs Construction Cost '
Improvements
Site grading
5 3 Sl L
Street grading y d s 2 5O 1 3 5
�
Street base 13. '71 2,. 14. 9 tit
✓
Street paving 40, 0O 7� 1
,2 ✓
Curbs, gutters, and culverts /S c/7P 8 h L 2,0, O0 j `
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 name signs I.5tnp s. r SQr7.
Fencing requirements
Landscaping
Park improvements
Road culvert •
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 by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ (a Z .536
•
1111111111111111111 III 11111111111111111 III 111111 III IIII M:\WPFILLSAGRREMM\APRIVATE
05/31/2002 11:31A Weld County CO
11 of 14 R 0.00 D 0.00 J.A. "Saki" Tsukamoto
T \ r
CAROL Harding - Re: Letter of credit for SPR-362 (STA Laboratories) Page 1
From: LEE Morrison
To: Chris Gathman
Date: 8/14/03 2:04PM
Subject: Re: Letter of credit for SPR-362 (STA Laboratories)
Agreement and letter are acceptable
Lee D. Morrison
Assistant Weld County Attorney
915 10th St., PO Box 758
Greeley, CO 80632
(970) 356-4000 x 4395
FAX 352 0242
This e-mail contains confidential
and/or privileged information.
If the reader is not the intended recipient,
please reply and delete your copy of this
message."
>>> Chris Gathman 8/14/03 1:55 PM >>>
Have you had a chance to look at this? The applicants were inquiring as to the status of the
improvements agreement for this project.
CC: CAROL Harding
JUN-25-2003 0B:40AM FROM-AGGREGATE INDUSTRIES 3039800038 T-196 P.002/002 F-911
6/24/03 - -
Weld County
C/O Day Light Builders LLC AGGREGATE
E
16722 Quail Run Road
Keensburg,CO 80643 INDUSTRIES
Attn:Deanne Day
RE: Sierra Run Subdivision
AI Job No. 42116
In accordance with our contract agreement, Aggregate Industries—WCR, Inc. hereby warrants
the work performed on the referenced project from and against defects in materials and
workmanship for a period of one year from the date of substantial completion of the work. This
warranty shall not apply to settlement or cracking of any pavement due to expansive soils,
improperly compacted utility trenches,or improperly compacted subgrades prepared by others.
Nothing in the above intends or implies that this guarantee/warranty shall apply to work which
has been abused or neglected by the Owner or his successors in interest
This agreement shall remain in full force and effect until April 15,2004.
If you experience any problems during this period,please address your concerns to John Lehner,
Project Manager, in writing at the address below.
Sincerely,
Aggregate Industries—WCR,Inc.
Kevin D. Anderson
Vice President/General Manager
ICAlts
Aggregate Industries
Mast Central RegpR MG
1707 Cole Blvd.,Suite 100
Golden,CO 80401
JUL-25-03 FRI 03:26 PM WELD COUNTY PUBLIC WKS7 FAX:9703046497 PAGE 1
Jill-20-2001 08:4DAY F* -AGGREDA1E INDUSTRIES 8030000038 1^100 P.002/002 Fill
6/24/03
Weld County I
C/OnayLight Builders LLC AGGREGATE
16722 QualiRun Road INDUSTRICs
Keensburg,,CO10643
Atop:Deanne Day
RE: Sierra Ran Subdivision
AI Job No. 42116
In accordance with our contract agreement,Aggregate Industries—WCR,Inc.hereby warrants
the work.peribtmed on the referenced project from and against defects in materials and
worloiisnship for a period of one year from the date of substantial completion of the work. This
warranty shall not apply to settlement or cracking of any pavement dne to expansive soils,
imiiropca caanpacted>a₹ittytrenches;or improperly compacted nbgrades prepared byothers.
Nothing in the above intends or implies that this gumanteehvarntray a apply to work which
has been:&bused or neglected by the Owaa or his successors in interest
This agreement shall remain in hall force and effect until Apri115,2004.
If you experience any problems daring this period,please address your concerns to John Lehner,
Project Manager,in writing at the address below.
Sincerely,
Aggregate Industries—WCR,Inc.
Kevin D.Anderson
Vice President/General Manager
KAlts
Aggregate Industries Post-le Fax Note 7671 Date 7_a5-..o3 Iona I
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APR-25-02 THU 01 : 10 PM FAX NO. P. 02/03
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File No. 00001 4'4s wo
ESCROW INSTRUCTIONS atoe4"
'rHR UNDERSIGNED have deposited with Lawyers Title Insurance Corporation d/b/a Title
Services as ESCROW AGENT, the items described in Schedule A attached hereto.
The ESCROIR ACCOUNT and said ESCROW AGENT shall be subject to the following instructions:
(a) The Escrow Agent shall not be personally liable for any act it may do or omit to do
hereunder as such agent, while acting in good faith and in the exercise of its own
best judgment.
(b) The Escrow Agent is hereby expressly authorized to comply with and obey any and all
orders, judgments, or decrees of any court relating to this transaction, and in case
the said Agent obeys or complies with any such order, judgement or decree of any
court it shall not be liable to any of the parties hereto or to any other person,
firm or coporation by reason of such compliance, notwithstanding any such order,
judgement or decree be subsequently reversed, modified, annulled, set aside or
vacated, or found to have been entered without jurisdiction.
(c) If at any time a dispute shall exist as to the duty of the Escrow Agent under the
terms hereof or the items deposited hereunder are not withdrawn or used on or
before , the Escrow Agent may deposit the documents and money in
its hands, with the Clerk of the District Court of the County of Weld
and State of Colorado, and may interplead the complaint in interpleader, the escrow
holder shall be released from all liability, under the terms, hereof, as to the
documents and money so deposited. The parties hereto, for themselves, their heirs,
successors and assigns, do hereby submit themselves to the jurisdiction of said Courl
and do hereby appoint the Clerk of said Court as their agent for the service of all
process in connection with the proceedings in this paragraph mentioned.
(d) In consideration of the acceptance of this Escrow Agent, the undersigned agree,
jointly and severally, for themselves, their heirs, executors, administrators,
successors and assigns, to indemnify and hold harmless as to any liability by it
incurred to any other person or corporation by reason of its having accepted the
same, or in connection herewith, and to reimburse it for all its expenses, including
among other things, counsel fees and court costs incurred in connection herewith: ar
that the Escrow Agent shall have a first and prior lien upon all deposits made here-
under to secure the performance of said agreement of indemnity and the payment of it
charges and expenses, Escrow fees or charges as distinguished from other expenses
hereunder, shall be charged to Seller
(c) The Escrow Agent is also subject to the "Special Instructions:" set forth in Schedu'
A attached hereto.
The Provisions hereof shall be binding upon the undersigned depositors and their respects
heirs, personal representatives, successors or assigns.
APR-25-02 'iHU 01:11 Ph FAX N0. P. 03/03
SCEEUDLE A
Tho following items have been deposited with Lawyers Title Insurance Corporation
Title Services;
$15.000.00
SCHEDULES
(Special instructions)
NOTE: These instructions should be specific and must be complete in themselves, and not
refer to or adopt any other instrument or contract. The Escrow Agent shall not bo
required to undertake to make, construe contracts or determine compliance therewith.
Title Services to hold Pifteen Thousand Dollars ($15,000.00) in escrow for the completion
Of pavement of the road in "Lots 7, 8, 9, 10 and 11, in SECTION 331, TOWNSHIP 1 NORTH,
RANGE 65 west o the 6TH P.M., WELD COUNTY, COLORADO. Title Services will collect the
monies from the proceeds of 2nd, 3rd, and 4th closings. Daylight Builders will complete
the road by the time the 5th lot is closed. Title Services will hold all monies in escrow
no later than 10 years from date of the closing of first lot or completion of the roadway,
with approval from Weld County Board of Couty Commissioners in writing, whichever comes
first.
•
In the event the road is not complete within the, ten year time frame all funds in escrow
will be distributed to Weld County Board of County Commissioners for distribution.
ACCEPTED; Buyer ACCEPTED; Seller
-- ,R e. iuha- AxN
Daylig Builders, LLC. O
�S 1
RECEIPT OP THE horeln described documents and instructions is hereby acknowledged and
accepted on April 10, 2002
LAWYERS TITLE INSURANCE CORPORATION d/b/a
TITLE SERVICES
By:
9tC2-io19,
1
EXHIBIT"A"
Name of Subdivision '(Qtr(CL
or Planned Unit Development:
Filing: C
a.
Location: tJCP 39 — 0O—r(al- 212/1.
Intending to•be legally bound, the undersigned Applicant hereby agrees to provide throughout this
Subdivision or Planned Unit Development the following improvements. (Leave spaces blankwhere they do
not apply)
Unit Estimated
Improvements Stuartity Units Costs Construction Cassl
Site grading _
Street grading _,538 - - a.3O (3, u
tree a e _ (3 -7l Y, qy
SSt eet paving 40-o0 ?7, /a3
Curbs,gutters.and culverts /9" CM/J 85 CF aO-oO /, .7GYJ
Sidewalk _
Storm sewer facilities _ •
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house cotmected)
On-site sewage facilities
On-site water sut olv and storage
Water mains(includes bore)
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street name sizas £t/) Cqn
Fencing requirements
Landscaping •
Park improvements
+"Mali vert -
Grass jiatcss _
Telephpne -
S
Electric
Water trans&r -
SUB-TOTAL -
•
Engineering and Supervision Costs S__
(Testing,inspection,as-built plans and work in addition to preliminary and final plat;supervision of actual
construction by contractors)
TOTAL EESTLVfATED COST OF IMP
R
O
V
EME
` 7 NTS AND SUPERVISION $ ' 536
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