HomeMy WebLinkAbout20032531.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE),
AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR SITE PLAN
REVIEW#362 - STA LABORATORIES, 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 May 20, 2003, the Department of Planning Services staff approved Site
Plan Review#362, for STA Laboratories, Inc., 1821 Vista View Drive, Longmont, Colorado
80504, for Greenhouses for the research of seeds and plants on the following described real
estate, to-wit:
Lot 3, Block 1, Vista Commercial Center, 1st Filing;
being part of the N1/2 of Section 8, Township 2
North, Range 68 West of 6th P.M., Weld County,
Colorado
WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented
with 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 STA Laboratories, Inc., with terms and
conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Irrevocable Standby Letter of Credit
#00336530 from Bank One, NA, Global Trade Services, One Bank One Plaza, Mail Code
IL1-0236, Chicago, Illinois 60670, in the amount of$79,539.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Irrevocable Standby 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 (Private Road Maintenance) between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and STA
Laboratories, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED that Irrevocable Standby Letter of Credit#00336530 from
Bank One, NA, Global Trade Services, One Bank One Plaza, Mail Code IL1-0236, Chicago,
Illinois 60670, in the amount of$79,539.00, be and hereby is, accepted.
2003-2531
PL1685
JO. / ; ft ata- , 117 ( )
IMPROVEMENTS AGREEMENT - STA LABORATORIES, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 27th day of August, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
SSG // EXCUSED
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1861 I� :.°"e� • .
='erk to the Board
,,�� Ro ert D asden, Pro-Tem
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Date of signature: 9
2003-2531
PL1685
MEMORANDUM
IYi`I To: Board of County Commissioners MM August 15, 2003
COLORADO From: Chris Gathman, Planner II �. 1.
Subject: Acceptance of Collateral in the form of a Irrevocable Letter of
Credit (STA Laboratories)
On August 6, 2003 we received an Irrevocable Letter of Credit (No. 00336530) in the amount of
Seventy Nine Thousand Five Hundred Thirty Nine Dollars ($79,539.00) for Site Plan Review
362 (STA Laboratories).
To date the following on-Site improvements need to be completed:
Site Grading estimate $ 22,448.00
Street Grading estimate $ 18,396.00
Street Base estimate $ 5,877.00
Street Paving estimate $ 7,440.00
Curbs, gutters & culverts estimate $ 1,953.00
Sidewalk estimate $ 425.00
Landscaping estimate $ 20,000.00
Engineering & Supervision estimate $ 3,000.00
Total Estimated Cost of Improvements and supervision $ 79,539.00
After review of the improvements agreement and letter of credit 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
Site Plan Review 362 (STA Laboratories), and the Department of Planning Services
recommends acceptance of this collateral.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
2003-2531
'/-I., s-
BANK=ONE® Bank One,NA
Global Trade Services
One Bank One Plaza
Mail Code IL1-0236
Chicago,IL-60670
Tel:(800)634-1969 Fax:(312)954-0203
SWIFT:FNBCUS44
Telex:ITT4330253 FNBCUI..
IRREVOCABLE STANDBY LETTER OF CREDIT
DATE JULY 29,2003
BENEFICIARY: DRAFTS DRAWN MUST BE MARKED:
BOARD OF COUNTY COMMISSIONERS WITH OUR REF 00336530
915 10TH STREET OPENER'S REFERENCE NO.
GREELEY,CO 80631 00336530
ATTN:CLERK TO THE BOARD
GENTLEMEN:
BY THE ORDER OF:
APPLICANT:
STA LABORATORIES,INC.
1821 VISTA VIEW DRIVE
LONGMONT,CO 80504
_ WE HEREBY ISSUE OUR IRREVOCABLE CREDIT NO.00336530 IN YOUR FAVOR FOR THE ACCOUNT OF STA
LABORATORIES,INC. FOR AN AMOUNT OR AMOUNTS NOT TO EXCEED THE AGGREGATE U.S.DOLLARS
79,539.00(SEVENTY NINE THOUSAND FIVE HUNDRED THIRTY NINE AND NO/100 U.S.DOLLARS)
AVAILABLE BY YOUR DRAFTS AT SIGHT ON BANK ONE,NA,CHICAGO,ILLINOIS,EFFECTIVE JULY 29,2003
AND EXPIRING AT OUR COUNTERS ON JUNE 20,2004.
EACH DRAFT SO DRAWN MUST BE MARKED "DRAWN UNDER BANK ONE, NA, LETTER OF CREDIT NO.
00336530" AND BE ACCOMPANIED BY A "SIGNED STATEMENT FROM THE BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, COLORADO STATING THAT STA LABORATORIES, INC. HAS
COMMITTED A MATERIAL BREACH OF THE IMPROVEMENTS AGREEMENT REGARDING GRADING AND
LANDSCAPING OF THE SUBDIVISION OR PLANNED UNIT DEVELOPMENT IMPROVEMENTS". •
THIS LETTER OF CREDIT SHALL EXPIRE ON JUNE 20,2004,AS STATED HEREIN ABOVE;PROVIDED
HOWEVER,THAT WE SHALL NOTIFY BY COURIER AT LEAST SIXTY(60)DAYS PRIOR TO SAID
EXPIRATION DATE;THAT THIS LETTER OF CREDIT IS ABOUT TO EXPIRE.IN NO EVENT SHALL
THIS LETTER OF CREDIT OR THE OBLIGATIONS CONTAINED HEREIN EXPIRE EXCEPT UPON THE
PRIOR WRITTEN NOTICE REQUIRED HEREIN,IT BEING EXPRESSLY AGREED THAT THE ABOVE
EXPIRATION DATE SHALL BE EXTENDED AS SHALL BE REQUIRED TO COMPLY WITH PRIOR
WRITTEN NOTICE REQUIRED HEREIN.
THE CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS(1993
REVISION),INTERNATIONAL CHAMBER OF COMMERCE-PUBLICATION NO.500.
WE ENGAGE WITH YOU THAT DRAFTS DRAWN UNDER AND IN CONFORMITY WITH THE TERMS OF THIS
CREDIT WILL BE DULY HONORED ON PRESENTATION IF PRESENTED TO:BANK ONE,NA,ATTN:STANDBY
LETTER OF CREDIT UNIT,300 S. RIVERSIDE PLAZA,7TH FLOOR,MAIL CODE ILl-0236,CHICAGO,IL 60606-0236,
ON OR BEFORE THE EXPIRY DATE.THE ORIGINAL LETTER OF CREDIT AND AMENDMENT(S),IF ANY,MUST
ACCOMPANY THE DOCUMENTS REQUIRED UNDER THIS CREDIT.
(CONTINUED). PAGE 1 OF 2
BANK=ONEe Bank One,NA
Global Trade Services
One Bank One Plaza
Mail Code ILI-0236
Chicago,IL 60670
Tel:(800)634-1969 Fax:(312)954-0203
SWIFT:FNBCUS44
Telex:ITT4330253 FNBCUI
LETTER OF CREDIT NO. 00336530 DATE: JULY 29,2003
PLEASE ADDRESS ALL CORRESPONDENCE REGARDING THIS LETTER OF CREDIT TO BANK ONE,NA,ATTN:
STANDBY LETTER OF CREDIT UNIT,300 S.RIVERSIDE PLAZA,7T11 FLOOR,MAIL CODE ILI-0236,CHICAGO,IL
60606-0236,MENTIONING OUR REFERENCE NUMBER AS IT APPEARS ABOVE.
VERY TRULY YOURS,
(AUTHORIZED S ATURE) (AUTHORIZED SIGNATURE)
Chris Gathman 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
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
887 (PRIVATE ROAD MAINTENANCE)
THIS AGREE'S/ENT,made and entered into this 19th day of June ,20 03,by and
between the County of Weld, State of Colorado, acting through its Board of County Commissioners,
hereinafter called "County,"and STA Laboratories, Inc. 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 3, Block 1
Vista Commercial Center Filing 1
According to the Corrected Plat Recorded
August 28, 1997 in Book 1623 as
Reception No. 2566006 County of Weld
State of Colorado
WAFREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be
lmownas New Greenhouse Facility for STA Laboratories, Tnr. hasbeensubmittedtothe
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 Improvement 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.
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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. Applicant shall furnish one set of reproducible "as-built"
drawings and a final statement of construction cost to the County.
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.
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"which is 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.
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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 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.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the -77
Applicant, streets within a Subdivision or Planned Unit Development may be approved by
the County as public roads and will be maintained and repaired by a Homeowners
Association or, in its absence, the owners of lots within the Subdivision or Planned Unit
Development.
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 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 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 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.
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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. Applicant may request that the County extend
the Final Plat approval provided the cost estimates are updated and the development
plans are revised to comply with all current County standards, policies and
regulations. The improvements shall be completed within one (1) year after the
Final Plat approval(not one year after acceptable collateral is submitted) unless
the 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 Plat or 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 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."
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.
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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 full force and effect until after the
Board has received sixty (60) days written notice from the issuer of the
Letter of Credit of the pending expiration. Said notice shall be sent by
certified mail to the Clerk to the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property
acceptable to the Board of County Commissioners provided that the following are
submitted:
8.2.1 In the event property within the proposed development is used as collateral,
an appraisal is required of the property in the proposed development by a
disinterested Member of the American Institute of Real Estate Appraisers
(M.A.I.)indicating that the value of the property encumbered in its current
degree of development is sufficient to cover One-Hundred percent(100%)
of the cost of the improvements as set forth in the Improvements
Agreement plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been
accepted as collateral by Weld County,then an appraisal is required of 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.
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8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the
amount specified in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for
improvements as specified in the agreement and for no other purpose and
will not release any portion of such funds without prior approval of the
Weld County Board of Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank or financial
•
institution.
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 Colorado that the project or a portion
of the project has been completed in substantial compliance with approved plans and
specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during the
course of construction and the construction plans utilized are the same as those
approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation Schedule for minimum materials sampling, testing
and inspections found in the Colorado Department of Transportation (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.
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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
plans.
9.7 Following the submittal of the Statement of Substantial Compliance and
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
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 approval by the
Board of County Commissioners.
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(PUD)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 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 according to Chapter 24 of the Weld County
Code, may be reserved through deed restrictions as open area,the maintenance of
which shall be a specific obligation in the deed of each lot within the Subdivision
or Planned Unit Development.
10.3 In lieu of land,the County may require a payment to the County in an amount equal
to the market value at the time of Final Plat submission of the required acreage as
determined according to Chapter 24 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.
Revised 07/01/2002
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
APPLICANT: •
APPLICANT: C
Darrell A. Maddox
111LE: President
Subscribed and sworn to before me this 19th day of June , 2003 • �O�''T Z S%. sie
:• /6
^ /, •a; ,
My Commission expires: (;: / -
Notary Public 1i A (�
n
l 2_v 2_003 ii VBV�
Al ZEST: Mat% BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
tJ !Z%t0
the Boar•� AUG 2 7 2003
0 11\6°
Robert D. Masden, Pro-Tem
O ow. 1 � e Board
O O'
APPROVED AS TO FORM:
County Att ey
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EXHIBIT"A"
Name of Subdivision
orPlannedUnitDevelopment: New Greenhouse Facility for STA Laboratories T:,E
Filing: 1
Location: Lot 3 Block 1 Vista Commercial ('enter
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 6,100 SQ YDS 13.68 22,448.00
Street grading 511 SO YDS 13.60 18.396.00
Street base 318 TONS 18.48 5,877.00
Street paving 124 TONS 60.00 7,440.00
Curbs,gutters, and culverts 217 Tin Ft 9.00 1 ,951 00
Sidewalk 85 Lin Ft 5.00 425.00
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 Names
Fencing requirements
Landscaping 20.000.00
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water transfer
SUB-TOTAL: � 76,539.00
Engineering and Supervision Costs $ 3.000 00
(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 $79.539.00
111111\VIII\IIIIIIIII\1111311919,11\III\1I\ Revised 07/01/2002
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02:17P We M:\WPFILES\WENDLAPRIVATE
9 of 12 R 0.00 D 0.00 Steve Moreno Clerk&Recor er
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:
Applicant
Applicant Dar ell A. Maddox
Date: June 19 , 2W3
PYPsI lhPnt
Title
(If corporation,to be signed by President and attested to by Secretary, together with corporate seal.)
•
•
1 111111 11111 1111 11111111 111 11111 1111111 111 111111 111 ill/
3106887 09/16/2003 02:17P Weld County, CO
10 of 12 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
Revised 07/01/2002
10 M:\WPFILES\WENDI APRIVATE
EXHIBIT"B"
Name of Subdivision
or Planned Unit Development:New Greenhouse Far l it y for STA Laboratori Ps, Tnr
Filing: 1
Location: Lot 3 Block 1 Vista Commercial Center
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 one 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 Not Later Than November 28, 2003
r
Street base Not Later Than November ?R, ?003Str
ng Not Later Than November 28. 2003
Curbs,res gutters, and culverts Not Later Than November 28, 2003
Not Later Than November 28, 2003
Sidewalk
Storm sewer facilities Not Later Than November 28. 2003
Retention ponds Not Later Than November 28, 2003
N/A
Ditch improvements N/A
Subsurface drainage
Sanitary sewers Not Later Than November 28, 2003
Trunk and forced lines N/A
Mains Not Later Than November 28, 2003
Laterals (house connected) N/A
N/A
On-site sewage facilities
On-site water supply and storage N/A
Water mains Not Later Than November 28. 2003
Fire hydrants N/A
Survey and street monuments and boxes N/A
N/A
Street lighting N/A
Street name signs N/A
Fencing requirements
Landscaping Not Later Than April 1. 2004
Park improvements N/A
N/A
Road culvert
Grass lined swale Not T,ater Than November 72, 200i
Telephone Not Later Than November 28, 7003
Gas Not Later Than November 28. 2003
Not Later Than November 28, 2003
Water
Not Later Than November 28, 2003
Water Transfer
SUB-TOTAL: N/A
1 MITI IIIII IIII 111111II III 111111111111 III 111111 III 1111
3106887 09/16/2003 02:17P Weld County, CO
11 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Revised 07/01/2002
11 M:\WPFILES1WENDIAPRIVATE
The County, at its option, and upon the request of the Applicant,may grant an extension of time for
completion for any particular improvements shown above,upon a showing by the Applicant that the
above schedule cannot be met.
By: STA Laboratories. Inc.
Ap licant
/
Applicant Darrell A. Medd c
Pray;dent Date: June 19 , 20 03
Title
(If corporation,to be signed by President and attested to by Secretary, together with corporate seal.)
3106887 1111111111109/16/111111111111 III III!!1111111 III 111111 III III!2003 02:17p Weld County, CO
12 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Revised 07/01/2002
12 M:\WPFILES\WENDI\APRIVATE
Weld CountyGRE Planning Dex,rtmeni
• 6 ELEY OFFICE
\ MEMORANDUM JUL 22, 2003
WINRECEIVED
TO: Chris Gathman, Planner II DATE: 7/18/2003
C FROM: Donald Carroll, Engineering Administrator M�fl
COLORADO• SUBJEC: SPR-362, STA Laboratories
At your request, I have reviewed the Improvements Agreement According to Policies Regarding
Collateral for Improvements (private road maintenance.) Utilizing the site plan drawing and
verifying quantities units and unit costs, all transportation items appear to be adequate to
complete the project.
All other non-transportation items should verified by Planning Services prior to scheduling and
approval.
pc: SPR-362
Carol Harding, CTB
Kim Ogle, Planning M:\PLANNING\SPR-I.doc
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