HomeMy WebLinkAbout20033211 RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE
CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW
PERMIT, USR#1402 -ARNHEIM, LLC
WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on June 4, 2003, the Board approved Use by Special Review Permit,
USR#1402,for Arnheim, LLC, 11605 Wadsworth Boulevard, Broomfield, Colorado 80020,for a
Use Permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Industrial
Zone District (maintenance shop, outdoor storage of equipment and materials, and office)in the
A (Agricultural) Zone District, on the following described real estate, to-wit:
Lot B of Recorded Exemption#2050;being part of the
S1/2 S1/2 NE1/4 of Section 30, Township 1 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with
an Improvements Agreement According to Policy Regarding Collateral for Improvements(Private
Road Maintenance)between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Arnheim, LLC, with terms and conditions being as
stated in said agreement, and
WHEREAS,the Board has been presented with Subdivision Improvements Performance
Bond #881304S from Insco Insurance Services, Inc., 17780 Fitch, Suite 200, Irvine, California
92614, in the amount of$57,750.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Subdivision Improvements Performance Bond as stated above, copies of which are
attached hereto and incorporated herein by reference.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the Improvements Agreement According to Policy Regarding Collateral for
Improvements(Private Road Maintenance)between the County of Weld,State of Colorado,by and
through the Board of County Commissioners of Weld County,and Arnheim, LLC, be, and hereby
is, approved.
2003-3211
PL1668
C(' : Pt , /a/,b/c3
IMPROVEMENTS AGREEMENT- ARNHEIM, LLC (USR #1402)
PAGE 2
BE IT FURTHER RESOLVED that Subdivision Improvements Performance Bond 881304S
from Insco Insurance Services, Inc., in the amount of$57,750.00, be and hereby is, accepted.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 24th day of November, A.D., 2003.
BOA OF COUNTY COMMISSIONERS
WELD NT COLORADO
ATTEST: 14411�`�1` i! /La
�w, �` David E. Long, Chair
Weld County Clerk to e8'=o t Q ��
t"��'. " EXCUSED
� Robert D. sden, Pro-Tem
BY: I_
Deputy Clerk to the Boa�'.'� r�
. J. eilee
APP D AS T • / y1/n,,,,
William H. Jerke
uh y At army EXCUSED
Glenn Vaad
Date of signature: —la
2003-3211
PL1668
MEMORANDUM
wilk TO: Board of County Commissioners 11/19/03 -
COLORADO FROM: Chris Gathman - Planner II �pp
l
SUBJECT: Acceptance of Collateral for USR-1402 (Arnheim)
On November 4, 2003 we received a Performance Bond in the amount of for collateral for the
improvements agreement for USR-1402.
To date the following Off-Site improvements need to be completed:
Site Grading estimate $ 4,000.00
Street Base estimate $ 3,750.00
Fencing estimate $ 50,000.00
Total Estimated Cost of Improvements and supervision $ 57,750.00
After review of the Performance Bond by the Weld County Attorney, the Department of Public
Works and the Department of Planning Services, it has been determined that the amount of the
agreement will be sufficient to complete the work required for USR-1402 (Arnheim, LLC), and
the Department of Planning Services recommends acceptance of this Bond.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
2003-3211
4/3///0
-
IMPROVEMENTS AGREEMENT ACCORDING TO
1j POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this day of 20 �
between the County of Weld, State of Colorado, acting through its Board of Cou•:, Commissioners,by and
hereinafter called "Coup g called "Aplcant."
�'' and Arnheim, LLC hereinafter "Applicant."
= E WITNESSETH:
� m
- ms WHEREAS, Applicant is the owner of, or has a controlling interest in the following described
C3 x property in the County of Weld, Colorado:
.6m
= Cp
S m lot B of RE-2050, a part of the S2 S2 NE4 Section 30, Township 1 North, Range
-m e 66 West of the 6th PM, Weld County, Colorado.
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=a d West of and adjacent to Weld County Road 27 and 1/2 mile north of Weld County
w Road 4.
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WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be
2;J known as Arnheim Property has been submitted to the
c County for approval, and
re, WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Flat,
Planned Unit Development Final Plat,or Site Plan shall be approved by the County until the Applicant has
submitted a Subdivision Improvement Agreement guaranteeing the construction,.f the put:i is improvements
shown on plans,plats and supprntmg documents of the Subdivision Final Plat,;:arr d Una 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 of Planned Unit
Development improvements listed on Exhibit "A," which is att^ched 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 neci.:snry documents to the County.
1 Rcvised 07/01/2002
M.:\WPFILES\WENDI\APRI V ATE
01003-30?//
— `0 1.3 Applicant shall furnish drawings and cost estimates forrcads withi7 the Subdivision
0 or Planned Unit Development to the County for approval prior to the letting of any
— s construction contract. Applicant shall furnish one set of reproducible "as-built"
ma--Y drawings and a final statement of construction cost to the County
lora mom. m
g ca 2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements
0
g herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights-
�30` of-way and easements on all lands and facilities traversed by the proposed improvements.
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��y3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or
mom
o Planned Unit Development improvements listed on Exhibit"A,' whicl, is attached hereto
— and incorporated herein by reference, according to the construction schedule set out in
Emma o c Exhibit"B"which is also attached hereto and incorporated herein by reference.
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0 0 3.1 Said construction shall be in strict conformance to the plans and drawings approved
are by the County and the specifications adopted by the County for such public
m^ improvements. Whenever a Subdivision or Planned Unit Development is proposed
ola within three miles of an incorporated community located in Weld County or located
m N 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 dine 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 prev;ously
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.
2 Revised 07/01/2002
MAW PFII.ES\WENDP,APRIvATE
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and
m all liability loss and damage County may suffer as a result of all suits, actions or claims of
E every nature and description caused by, arising from, or on account of said design and
- dconstruction of improvements,and pay any and all judgments rendered against the County
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on account of any such suit, action or claim, together with all reasonable expenses and
Irla V It_ attorney fees incurred by County in defending such suit, action or claim whether the
B 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
2 from the intentional torts or the gross negligence of the County or its employees while acting
—3 m within the scope of their employment. All contractors and other employees engaged in
-a y construction of the improvements shall maintain adequate worker's compensation insurance
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e rn and public liability insurance coverage,and shall operate in strict accordance with the laws
—o o and regulations of the State of Colorado governing occupational safety and health.
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(THERE IS NO SECTION 5)
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- 0 6.0 Approval of Streets by the County: Upon compliance with the following procedures by the
oe Applicant,streets within a Subdivision or Planned Unit Development may be approved by
CO 1- the County as public roads and will be maintained and repaired by a Homeowners
o Association or, in its absence, the owners of lots within the Subdivision or Planned Unit
eo Development.
6.1 If desired by the County,portions of street improvements may be placed in service
when completed according to the schedule shown oi.Exhibit"B,"but such use and
operation shall not constitute an approval 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 1371 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 is 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 its streets and
recommend that the Board of County Commissioners partially approve them. Not
sooner than nine months after partial approval, 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 or
she shall recommend full approval. Upon a receipt of a positive unqualified
recommendation from the County Engineer for approval of streets within the
development,the Board of County Commissioners shall fully approve said streets
as public but with private pay.
•
3 Revised 07/01/2002
M:\WPFILESMENDEAPRIVATE ENDEAPRI V ATE
7.0 General Requirements for Collateral:
— o
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7.1 The value of all collateral submitted to Weld County must be equivalent to One-
se
0ea Hundred percent (100%) of the value of the improvements as shown in this
o Agreement. Prior to Final Plat approval,the applicant shall indicate which of the
eo c 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
also
o 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. Applicant may request that the County extend
Sao P PP
4 the Final Plat approval provided the cost estimates are updated and the development
�oo plans are revised to comply with all current County standards, policies and
a c regulations. The improvements shall be completed within one (1) year after the
-o o Final Plat approval(not one year after acceptable collateral is submitted) unless
O4 ac the applicant(s) requests that this Agreement be renewed at least thirty(30) days
co m cm prior to its expiration and further provides that cost estimates for the remaining
.T improvements are updated and collateral is provided in the amount of One-
mom v 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 male 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 Plat at Subdivision Final
Plat. 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 prohibi t f\ conveyance cif the
hg 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."
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 of 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.
4 Revised 07/01/2002
M:\WPFIL S\W ENDI\APRIVATE
8.1.3 The applicant may draw from the Letter of Credit in accordance with the
mon `6 provisions of this policy.
o
Q8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the
o unreleased portion of the Letter of Credit shall be equal to a minimum of
m One-Hundred percent (100%) of the estimated costs of completing the
e ca uncompleted portions of the required improvements,based on inspections
as d of the development by the issuer. In no case shall disbursement for a
o o general improvement item exceed the cost estimate in the Improvements
mAgreement(i.e., streets, sewers, water mains and landscaping, etc.). The
issuer of the Letter of Credit will sign the Improvements Agreement
—!p" acknowledging the agreement and its cost estimates.
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o c 8.1.5 The Letter of Credit shall specify that fifteen percent 05%) of the total
o Letter of Credit amount cannot be drawn upon and will remain available to
�4 o Weld County until released by Weld County.
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-. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
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Letter of Credit shall be either the date of release by Weld County of the
Vic' final final fifteen percent (15%), or one year from the date of Final Plat
—C) 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 it the proposed development by a
:iisinterested Member of the American In t'tute. f Real Est2,fe 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 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 Agree:nent 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.
Revised 07701/2002
5 M:\WPFILES\WENDIWPRIvATE
8.2.4 A building permit hold shall be placed on the encumbered property.
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0 8.3 Escrow Agreement that provides at least the following:
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x 8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the
y d amount specified in the Improvements Agreement.
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a� ,=, 8.3.2 The escrow agent guarantees that the escrowed funds will be used for
mWats improvements as specified in the agreement and for no other purpose and
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will not release any portion of such funds without prior approval of the
ern-cc a
Weld County Board of Commissioners.
mmo 73
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8.3.3 The escrow agent will be a Federal or state-licensed bank or financial
ea c institution.
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��o0 8.3.4 If Weld County determines there is a default of the Improvements
CV nt,the escrow agent,upon request by the County,shall release any
CV crowed funds to the County.
a 0 8.4 A surety bond given by corporate surety authorized to do business in the State of
Colorado in an amoun quivalent to One-Hundred percent(100%)of the value of
the improvements specified in the Improvements Agreement.
eposit 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 Colorado that the projeci 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 Schedule for minimum materials sampling, te:ting
and inspections found in the Colorado Department cc Tran;,portation (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 tha'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.
6 Revised 07/01/2002
M:\WPF.LES\W ENDRAPRNATE
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 paragraphs 9.0 thru 9.5 shall be noted on the final construction
6 plans.
— o
e 9.7. Following the submittal of the Statement of Substantial CoP a hence and
-8 recommendation of approval of the streets by the County, the applicant(s) may
request release of the collateral for the project or portion of the project by the
Nem� Board. This action will be taken at a regularly scheduled public meeting of the
v o Board.
MEM-a 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"
a w" in the amount of fifteen percent(15%)of the value of the improvements as shown
-o in this Agreement excluding improvements fully accepted for maintenance by the
— d responsible governmental entity, special district or utility company.
—fa O
—o
o0 9.9 The warranty collateral shall be released to the applicant upon final approval by the
- o Board of County Commissioners.
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m 04 10.0 Public Sites and Open Spaces: When the Board of County Commissioners,pursuant to a
ris rezoning,Subdivision or Planned Unit Development,requires the dedication,development
c and/or reservation of areas or sites other than Subdivision or Plana,d 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 accordi7 re ti..rith one of the
following alternatives,or as specified in the Planned Unit Development(Plit)Plan,if any:
10.1 The required acreage as may be determined according to the Weld County
Subdivision Regulations shall be dedicated to the County or thz 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 according to Chapter 24 c 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
determin yd..according to Chapter 24 of the Weld County Code. Such value sha]be
determined by a competent land appraiser chosen job.ly b? 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 hei-3, 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.
Revised 07/0::2002
7 M:\WPEILES\WENDIWPRIVATE
C. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
0 day and year first above written.
Cat A
Emm 0 APPLICANT:
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APPLICANT:
�o e TITLE:
00
N Subscribed and sworn to before me this, 7 day of .5-3747 ,20 O 3
aao UMI= /�2 CII/ Q
mCO My Commission expires: JhAt
o I ,2Nh- Notary Public
Zei W 11u
ATTEST: f WalI� BOARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORADO
Weld County Clerk to the . q
•
For
04
c� ,r. jr* David E. Long , Chair
BY: ,/ ��:.tArl/ . . � � 11/24/2003
Deputy Clerk to the Boar'♦�'
V.'
APPROVED AS TO FORM:
County Attorney
•
8 Revised 07/01/2002
M:\WPFILES\WENDI\APRIVATE-1,9,Q//
10/27/03 11:09 FAX 970 304 6498 WELD PLANNING (?1002
EXHIBIT"A"
Name of Subdivision
or Planned UnitDevelopment; I - An
�AZu pl—DT
WI E Filing:
o
o
s Location: l lB6>• of del d./Js,e / t. u C P 7 i % /,,. /
m Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
n Subdivision or Planned Unit Development the following improvements (Leave spaces blank where they do
ErA .
A not apply)
aEo
3
— 0 linnrovernents
i Quantity Units Unit
m Estimated
aW Site grading Costs 'Construction Cost
waio Street grading 40 Ne Zoo`. It bU.o
o
o Street base
comim gm Street paving 2.fo �/J s if 3 7.f0 "
a c _Curbs,gutters,and culverts
o Sidewalk /1//A
imi
e Storm sewer facilities NWT
m V Retention ponds A/1/4P�/�'
tra Fl o Ditch Improvements
71,44 Den
o, Subsurface drainage A//A 01 k4
Sanitary sewersA./6 /,24:0.4-'
Trunk and forced lines /liAta
/
Mains _ f/.v
Laterals(bouse connected) - �.`
On-site sewage facilities Nfar
On-site water supply and storage A.//w
Water Mains(includes bore) A//Ar
Fire hydrants /WA
Survey and street monuments and boxes — NAb
Street lighting
!7 '
Sheet Names /(///, _
Fencing requirementsi
z Soo f¢ ZO "` S O�O��Jandvcaping
Park improvements /Ws
Road culvert A,Aa
Grass lined swale /7.aa�.^
Telephone i�p�r/y'
Gas IJv.�r
Electric J.h.-as •
Water transfer Oan-Y3 •
_SUB-TOTAL; ' J'a'
,r77 'v 4-
Engineering and Supervision Costs$ Atli,y
(Testing,inspection,as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF EAPROVEMENTS AND SUPERVISION $ SS'77,r4) a.
9 Revised 07/01/2002
M:1WPPitES1wENDuAPRIVAm
10/27/03 11:09 FAX 970 304 6498 WELD PLANNING tit 003
The above improvements shall be constructed in accordance with all Co untyrequirements and specifications,
ala `o and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent
= 0
11 Said improvements9shall be completed according to the construction schedule set out in Exhibit"E."
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Mg° Appl t
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Applicant
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Date:
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/o/2- ,20 a
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oo (If corporation, to be signed by President and attested to by Secretary,together with corporate seal.)
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10 Revised 07/01/2002
M:\WPPULESWENbMPRFVA7E
10/27/03 11:09 FAX 970 304 6498 WELD PLANNING ¢1004
EXHIBIT"B"
Name of Subdivision
or Planned Unit'Development:
o Filing:
� o
-o ee Location:
ot
.643 Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
o a Subdivision or Planned Unit Development the following improvements.
-o L'
m All improvements shall be completed within years from the date of 3 o Construction of the improvements listed in Exhibit"A"shall be completed as follows of the final plat.
•• o o (Leave spaces blank where they do not apply.)
huurmvements
—o
Time for Completion
el
a o
Site grading
Street base L.7-44h d f
—core
N Streetpaving
m�'" Curbs.gutters. and culverts
IMMIM
o 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
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street name signs
Fencing requirements
Landscaping 1.7).A..- v4
Park improvements
Road culvert
Grass lined swale
Telephone
Gas •
Electric
Water Transfer
SUB-TOTAL:
11 Rated 07Ni/7 02
MAWPFMES\WENDAAPRIVA7T
•
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 th'Applicant that the
above schedule cannot be met.
By:
Ap lc
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M:\W PFILES\W END MPRI V ATE
4G INSCO INSURANCE SERVICES, INC.
InSC%ico Underwriting Manager for:
Developers Surety and Indemnity Company
Gil O UP Indemnity Company of California
17780 Fitch,Suite 200•Irvine,California 92814•(949)263-3300
BOND NO. 8813048
INITIAL,PREMIUM: $1,250.00
SUBJECT TO RENEWAL.
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That we ARNHEIM,LLC, as Principal,
and DEVELOPERS SURETY AND INDEMNITY COMPANY ,a corporation organized and doing business under and by
virtue of the laws of the State of IOWA and duly licensed to conduct a general surety business
in the State of COLORADO as Surety,are held and firmly bound unto
WELD COUNTY,COLORADO,Department of Planning Services
1555 N. 17th Avenue,Greeley,CO 80631
as Obligee,in the sum of FIFTY THOUSAND AND NO/100
($50,000.00-- )Dollars,for which payment,
well and truly to be made,we bind ourselves,our heirs,executors and successors,jointly and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS,the above named Principal entered into an agreement or agreements with said Obligee to:
Complete certain improvements on Lot B of RE-2050;part of the S2 S2 NE4 of Section 30,T1 N,R66W of the 6th P.M.,
Weld County,Colorado-Parcel Number 1471 30 100023
NOW THEREFORE,the condition of this obligation is such,that if the above Principal shall well and truly perform said agreement
or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without
notice to the Surety,this obligation shall be void,otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said
Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at Broomfield and Denver,Colorado
this 2nd day of September 2003
YEAR
"PRINCIPAL" "SURETY"
ARNHEIM,LLC DEVELOPERS SURETY AND INDEMNITY COMPANY
/ - Attorney-in-Fact
J .Richards
ID-1277(REV.3/01)
Vbig
C 71CO
GROUP
DISCLOSURE RIDER -
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program
under which the Federal Government will share in the payment of covered losses
caused by certain events of international terrorism. The Act requires that we
notify you of certain components of the Act, and the effect, if any, the Act will
have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the
amount of covered losses caused by certified acts of terrorism, as defined by the
Act. The coverage is available only when aggregate losses resulting from a
certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet
a variable deductible established by the Act. The Act also establishes a cap of
$1,000,000,000.00 for which the Federal Government or an insurer can be
responsible.
Participation in the program is mandatory for specified lines of property
and casualty insurance; including surety insurance. The Act does not, however,
create coverage in excess of the amount of the bond, nor does it provide coverage
for any losses that are otherwise excluded by the terms of the bond, or by
operation of law;
No additional premium has been charged for the terrorism coverage
required by the Act.
Developers Surety and Indemnity Company
•
Indemnity Company of California
17780 Fitch
Irvine,CA.92614
(949)263 3300
www.inscodico.com
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO BOX 19725.IRVINE.CA 92623•(949)263-3300
www.InscoDico.com —
KNOW ALL MEN BY THESE PRESENTS.that except as expressly limited.DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make.
constitute ands point:
***Courtney T. Peterson, James S. Rosulek, J.R. Richards, Douglas J. Rothey, Susan J. Lattarulo, Cynthia M.
Burnett, jointly or severally***
as its true and lawful Attorney(s)-in-Fact.to make.execute,deliver and acknowledge.for and on behalf of said corporation as surety,bonds.undertakings and
contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary.requisite or proper
to be done in connection therewith as the corporation could do,but reserving to the corporation full power of substitution and revocation,and all of the acts of
said Attorney(s)-in-Fact.pursuant to these presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November 1.2000:
RESOLVED, that the Chairman of the Board. the President and any Vice President of the corporation be. and that each of them hereby is.
authorized to execute Powers of Attorney,qualifying the Attorney(s)-in-Fact named in the Powers of Attorney to execute,on behalf of the corporation,bonds.
undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be.and each of them hereby is, authorized to
attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and
in the future with respect to any bond.undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF- DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive
Vice President and attested by its Secretary this 7th day of November,2_0111.
4�ty AND /1;� •
By: '0J:•09' ORq�%
David H.Rhodes,Executive Vice President 3`a cifrz
:et if OCT. 9<
=W' 10 ;rt• e
=o - 1936
By: 'L V Vl 4J�.rp•. e
/OW P..•+*a'aD
Walter A.Crowell. Secretary
STATE OF CALIFORNIA
)5S.
COUNTY OF ORANGE
On November 7.2001,before me.Antonio Alvarado.personally appeared David H. Rhodes and Walter A. Crowell.personally known to me(or
proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacities.and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the
instrument.
WITNESS my hand and official seal ,yaw.** ANTONIO ALVARADO
p 4 „. COMM.X 1300303
Notary Public-California C
4 ,d %ofd.
Signature y Comm.Fxpres APRIL 10.20(15
CERTIFICATE •
The undersigned.as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY.does hereby certify that the foregoing
Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolution of the respective Boards of Directors
of said corporation set forth in the Power of Attorney.is in force as of the date of this Certificate.
This Cenificate is executed in the City of Irvine,California.the 2nd day of September . 2003 .CDBy
David G.Lame.Chief Operating Officer
ID-1438(DSI)(1 I(01)
INCREASE ENDORSEMENT
Attached to and forming part of Bond No. 881304S
Issued by: Developers Surety and Indemnity Company
On Behalf of : Arnheim, LLC
In Favor of : Weld County, Colorado
Department of Planning Services_
Dated: September 2, 2003
In consideration of additional premium, it is understood and agreed
that effective the 3rd day of November , 149 2003 , and
subject to all the terms, conditions and limitations of the attached bond,
the Penal sum thereof shall be and the same is hereby increased to
Fifty Seven Thousand Seven Hundred Fifty and 00/100
Dollars ($57,750.00----
PROVIDED,
however, that :
(a) Liability under said bond as hereby increased shall not be
cumulative;
(b) Liability under said bond shall not exceed the amount of the
bond in force at the time the loss occurred; and
(c) In no event shall liability under said bond exceed the sum of
Fifty Seven Thousand Seven Hundred Fifty and 00/100
Dollars ($ 57,750.00--- ) .
Signed, sealed and dated the 3rd day of November , &162003 .
Attest: Arnheim, LLC
By: �/��/� /��� Principal
/UVAA. `tQ'2LO0 By:By:ff A
Develo ers Suret and Indemnity Company
B :
ichards Attorney-in-Fact
J, Hilb,Ronal and Hamilton Company
�1 HRH of Colorado
P.O.Box 468025
026
Insuring the Way Denver,CO TO 303-722-7776 7 •B Fax 303-722-8862
Surety bonds end insurance
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO BOX 19725,IRVINE,CA 92623•(949)263-3300
www.InscoDico.com
KNOW ALL MEN BY THESE PRESENTS-that except as expressly limited.DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make,
constitute and a point:
***Courtney T. Peterson, James S. Rosulek, J,R. Richards, Douglas J. Rothey, Susan J. Lattarulo, Cynthia NI.
Burnett, jointly or severally***
as its true and lawful Altorney(s)-in-Fact.to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and
contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary.requisite or proper
to be done in connection therewith as the corporation could do.but reserving to the corporation full power of substitution and revocation-and all of the acts of
said Attorney(s)-in-Fact.pursuant to these presents-are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November I.2_000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation he. and that each of them hereby is.
authorized to execute Powers of Attorney.qualifying the Attomey(s)-in-Fact named in the Powers of Attorney to execute,on behalf of the corporation,bonds.
undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is.authorized to
attest the execution of any such Power of Attorney:
RESOLVED,FURTHER-that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by
facsimile-and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and
in the future with respect to any bond.undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive
Vice President and attested by its Secretary this 7th day of November.2001.
,,,,, AND 'to",By:David H.Rhodes.Executive Vice President =y° OCT• ?i
_au= 10 r,i
=.: 1936 rna
V v 'L V x•-.7 0 .f0WP .*414
By:
Walter A.Crowell, Secretary
STATE OF CALIFORNIA
)SS.
COUNTY OF ORANGE )
On November 7.2001,before me,Antonio Alvarado. personally appeared David H. Rhodes and Walter A. Crowell.personally known to me(or
proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons Wed,executed the
instrument.
WITNESS my hand and official seal 1 a, tot% ANTONIO ALVARADO
L • COMM.A 1300303
• 2 Y r f" ; Notary Public-California rc
• ? ORANGE COUNTY LI
C
Signature '�6. ll�f� '�l MY Comm.Expires APRIL 10,21105
1
CERTIFICATE
The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby certify that the foregoing
Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolution of the respective Boards of Directors
of said corporation set forth in the Power of Attorney,is in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine.California.the 3rd day of November 2003 .
By Ca 4.
David G.Lane.Chief Operating Officer
ID-1438(DSI)(11/01)
OCT-31-03 FRI 02:49 PM WELD COUNTY PUBLIC WKS7 FAX:9703046497 PAGE 1
10/27/2003 MON 21;20 FAX IJUU1/UVD
OCTOBER 28, 2003
DON CAROL
WELD COUNTY PUBLIC WORKS
FAX: 970-304-6497
US:R-1402
CHRIS GATIIMAN SUGGESTED I RUN THIS BY YOU TO
MAXE; SURE WE ARE INCOMPLIANCE. IF THIS IS OK I
WILL GET A NEW BOND TO COVER THE INCREASE IN
COST.
THANK YOU
JOHN TURNER
303-464-7423 C� �, ✓
FAX: 303-464-8343 ,�, � 1 I.
,tom
• Post-it"Fax Note 7671 Date/p_ 3 r I a or S
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Fax# Fax#
COPY
MEMORANDUM
TO: Chris Gathman Planner II DATE: 10/14/2003
FROM: Donald Carroll, Engineering Administrator P"
SUBJECT: USR-1402, Amheim, LLC
•
COLORADO
On October 10, 2003, I visited the site to verify if any site grading or construction was completed prior to
submitting the Improvements Agreement. In referring to the Exhibit A portion of the Improvements Agreement,
the applicant indicated that site grading is complete and the only outstanding item would be the fencing
requirement.
There is some steel fabrication stockpiled on site with no other improvements visible. In reviewing the
Improvements Agreement for the transportation portion, I recommend that an item be placed for site grading
and street base for the parking lot area and the approach road in addition to the fencing requirement.
There is an existing retention pond on site, which is also being utilized by the storage unit facility located
directly west of the proposed USR.
Rework the Exhibit A portion including site grading and street base along with the fencing requirement, then
resubmit for review and approval prior to scheduling with the BOCC.
pc: USR-1402 M:\PLANNING\USR-2.DOC
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