HomeMy WebLinkAbout20032889.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 FINAL PLAN, PF #6,22 - SHULTZ FARMS, INC.
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 September 2, 2003, the Department of Planning Services staff approved
a Planned Unit Development Final Plan, PF #622, for Shultz Farms, Inc., do Steve Shultz,
21475 Weld County Road 19, Milliken, Colorado 80543, for Nine (9) Lots with E (Estate) Zone
Uses, along with 9.4 acres of Open Space, on the following described real estate, to-wit:
Lot B of Recorded Exemption #2828; being part of
the NW 1/4 of Section 31, Township 4 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) between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and Shultz Farms, Inc., do Steve Shultz, with
terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Irrevocable Letter of Credit#253 from
New Frontier Bank, 2425 35th Avenue, Greeley, Colorado 80634, in the amount of$54,562.83,
and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Irrevocable 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 (Public Road Maintenance) between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and Shultz
Farms, Inc., do Steve Shultz, be, and hereby is, approved.
BE IT FURTHER RESOLVED that Irrevocable Letter of Credit #253 from New Frontier
Bank, 2425 35th Avenue, Greeley, Colorado 80634, in the amount of $54,562.83, be and hereby
is, accepted.
n n 2003-2889
(" �� ,p&4 1P /pp�� F1 eH) PL1630
IMPROVEMENTS AGREEMENT - SHULTZ FARMS, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of October, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
G� ���� WELD NTY COLORADO
j5��YG ATTEST: i �af ' nor
Da ' Lon , Ch 'r
I�•I\�j w�'`*�Clerk to the Board 1 td)
Robert D. den, Pro-Tem
V
1861 to th- Board
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® �� 5 •
AEXCUSED
�,�►� ✓.
William H. Jerke
'County A torney A2.,
Glenn Vaad
Date of signature:
2003-2889
PL1630
frost MEMORANDUM
amW I le. TO: Board of County Commissioners
COLORADO DATE: October 9, 2003
FROM: Sheritockman, Planner II
SUBJECT: Acceptance of Improvements Agreement According to
Policy Regarding Collateral for Improvements (Public Road
Maintenance), and acceptance of Irrevocable Letter of
Credit
The Estates at Hill Lake
Case Number PF-622
Shultz Farms Inc., applicant
The Departments of Planning Services and Public Works have reviewed the Improvements
Agreements for The Estates at Hill Lake.
Items covered under the Improvements Agreement According to Policy Regarding Collateral for
Improvements (Public Road Maintenance) include:
Street base $ 5,142.25
Street paving $ 25,535.58
Gravel Shoulder $ 13,345.00
Street name signs/stop sign $ 100.
Landscaping $ 10,440.00
Total Estimated Cost of Improvements and Supervision $ 54,562.83
Amount of Irrevocable Letter of Credit $ 54,562.83
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
Estates at Hill Lake. The Department of Planning Services recommends acceptance of the
Improvements Agreement According to Policy Regarding Collateral for Improvements (Public
Road Maintenance) and acceptance of the Irrevocable Letter of Credit.
2003-2889
r.
IMPROVEMENTS AGREEMENT ACCORDING TO
410 POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLIC ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this O day of 3i)Lci, ,20 by and
between the County of Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter
called"County,"and .514uL-r w Fa.cw /,3 C ,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:
Lot B,RE-2838,Located in the NW4 31-04-67 west of the 6th P.M.,Weld County,Colorado.
WHEREAS,a final Subdivision/Planned Unit Development(PUD)Plat of said property,to be known as
The Estates at Hill Lake 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 Engineering 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 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 sufficient 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 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 design and construction of
improvements,and pay any and all judgments rendered against the County on account of any
such suit,action or claim,together with all reasonable expenses and attorney fees incurred by
County in defending such suit,action or claim whether the liability,loss or damage is caused by,
or arises out of the 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
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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 improvevneuts agreement
prior to recording the final 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 ITE 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.
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 chall 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.
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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. 1982) 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.
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
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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 finds
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 subject to final approval
by the Board of County Commissioners and the execution of this Agreement.
Acceptable collateral shall be submitted and the plat recorded within six(6)months of
the Final Plat approval. If acceptable collateral has not been submitted within six(6)
months then the Final Plat approval and all preliminary 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) war after the Final Plat approval(not one year
after acceptable collateral is submitted) unless the applicant(s) requests that this
Agreement be renewed at least 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
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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 fmancial 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."
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 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 MI 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
cJ'q !yJ"
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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 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 finds 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.
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.
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9.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation (CDOT) Schedule for minimum materials 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 thru 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.
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.
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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:5ifv t r - lap n" it.SL
APPLICANT:
TITLE: 1-- a es,i Ade NT
8 Subscribed and sworn to before me this day of �{ ,20
My Commission expires: a4/04-e—
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ATTEST: BOARD OF COUNTY COMMISSIONERS
/���� WEL OUNTY,COLORADO
Weld County Clerk to the Bo: "'�. hair
�Ir61 _ • _ David E. Long 10/15/2003
1
BY: �i � I:+`
Deputy Clerk to the Board
APPROVED AS TO FORM:
County A L rney
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EXHIBIT A
Name of Subdivision or Planned Unit Development: The Estates at Hill Lake PUD
Filing:
Location: Lot B of RE-2838, located in the NW4 31-04-67 west of the 6th P.M., Weld County, Colorado.
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they
do not apply)
Improvements Quantity Units Unit Estimated
Costs Construction
Cost
Site grading
Street grading
Street base 605 Ton $8.50 $5,142.25
Street paving 2,238 Sq. Yd. $11.41 $25,535.58
Gravel Shoulder 1,700 Lin. Ft. $7.85 $13,345.00
Sidewalk
Storm sewer facilities
Retention ponds
Ditch Improvements
Subsurface drainage Erosion Control: 60 bails on site
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water line extension INSTALLED
Water Line I I I
Fire hydrants INSTALLED
Survey and street monuments and boxes
Street lighting at Bus Delivery Site
Street Name Signs & Stop sign 2 Unit $50.00 $100.00
Fencing requirements
Landscaping 58 Trees $180.00 $10,440.00
Park improvements
Road culvert ON SITE
Grass lined swale
Telephone
Gas
Electric
Water transfer
SUB-TOTAL: $54,562.83
Engineering and Supervision Costs$
11111111111111111111111111111111111111III111111III1111 1
3122410 10/31/2003 12:00P Weld County, CO
11 of 14 ft 0.00 D 0.00 Steve Moreno Clerk& Recorder
(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 $ 54, 5 (02-83
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: -.2 /VAT
Apppppllllleant
Ghu/+z Farm 1 nc
Applicant
?A ES Date: /0 — v , 20 0 3 .
Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
111111111111IIII11111111111111111111111 III DUMB 2
3122410 10/31/2003 12:OOP Weld County, CO
12 of 14 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
EXHIBIT B
Name of Subdivision or Planned Unit Development:_The Estates at Hill Lake PUD
Filing:
Location: Lot B of RE-2838,located in the NW4 31-04-67 west of the 6th P.M.,Weld County,Colorado.
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 1 years from the date of approval of the final 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 Summer,200'f
Street base Summer, 20044
Street paving Pal.) .,2004
Curbs, gutters, and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water mains installed
Fire hydrants installed
Survey and street monuments and boxes
Street lighting
Street name signs
Fencing requirements
Landscaping Summer/Fall,
Park improvements
Road culvert Fod I ,2003
Grass lined swale
Telephone
Gas
Electric
Water Transfer
1111111111111131111 111111111111111 I I 1111111 I I I l it t
3122410 10/31/2003 12:OOP Weld County, CO 3
13 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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.
o
By: (/ lam' t2WW"
A plicant
5 rf0 uTe- 6 WC-
Applicant
?PAS Date: /0 Z , 20 03 .
Title
(If corporation,
to be
signed by President ai attested to by Secretary,together with corporate seal.)
r
\IL\\\MN i III\111111 IIIII IIIIII IS III 111111 III II11 Recorder
3122410 10131120
14 of 14 R 0.00 D 0.00 Steve Moreno Cler
4
".7 stc-r•-(
L 02.
NEW FRONTIER BANK
IRREVOCABLE LETTER OF CREDIT
NAME: WELD COUNTY PLANNING COMMISSION
DATE: OCTOBER 1, 2003
NUMBER: 253
EXPIRES: SEPTEMBER 6, 2004 AMOUNT: $54,562.83
PROPERTY LOCATED AT HILL LAKE
Please be advised that New Frontier Bank, A State Chartered Bank (hereinafter called the
"Issuer"), establishes an irrevocable Letter of Credit in favor of the Beneficiary for the
account of Shultz Farm (hereinafter called " Customer")up to the aggregate sum of Fifty
Four Thousand Five Hundred Sixty Two and Eighty Three Cents ($54,562.83) available
by Beneficiary's drafts at sight drawn on Issuer.
All drafts drawn under this Letter of Credit must bear the clause:
Drawn under"New Frontier Bank" Letter of Credit No. 253 dated October 1,
2003.
Issuer hereby agrees with Beneficiary that drafts drawn strictly in compliance with the
terms of the credit will be duly honored upon due presentation to Issuer.
Other terms and conditions:
1. This instrument shall expire at Issuer's counter on or before 4:00 p.m. on
September 6, 2004.
2. This instrument shall not be transferable;
3. This instrument shall be governed by the laws of the State of Colorado,
including Article Five of the Uniform Commercial Code;
2425 35th Avenue • Greeley, Colorado 80634 • 970-339-5100 • Fax 970-339-5200
4. This instrument shall be subject to the Uniform Customs and Practice for •
Documentary Credits; International Chamber of Commerce Publication
Number 400.
5. A photocopy of invoice(s) for goods, dated at least 30 days prior of draft shall
be received by the issuer.
6. Statement by Weld County that Customer has failed to pay said invoice(s)
discussed in statement Number 5.
We hereby agree with you that all drafts under and in compliance with the terms of this
letter of credit will be duly honored within 15 days of drawn and presented for payment
at our office.
Sincerely,
Greg Bell
Vice President
Weld County Planning Department
CR f.!.EY OFFICE
AUG 2 i, 2003
(it ‘Heal
MEMORANDUM RECEWED
TO: Sheri Lockman, Planner II e DATE: August 22, 2003
FROM: Donald Carroll, Engineering Administrator
C. SUBJECT: PF-622, Estates at Hill Lake PUD
COLORADO
I received the new Exhibit "A" portion of the Improvements Agreement with the adjusted
quantities. All quantities and unit costs appear to be adequate to complete the project.
The Weld County Public Department recommends acceptance of the transportation portion of
the Exhibit "A of the Improvements Agreement.
All other non-transportation items shall be verified by Planning Services prior to scheduling
request for approval from the Board of County Commissioners.
pc: Peter Schei, Public Works
PF-622
M:\PLANNING\P F-622A.D OC
M:APLANNINGAPF-622A.D0C
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