HomeMy WebLinkAbout20013100.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) AND
ACCEPT FORM OF COLLATERAL FOR CHALLENGER RANCH PLANNED UNIT
DEVELOPMENT FINAL PLAN, S #605 -ALBERT CHALLENGER
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 5, 2001, the Department of Planning Services staff did
approve a Planned Unit Development Final Plan, S #605, for Albert Challenger, P.O. Box 448,
Evergreen, Colorado 80439, for Challenger Ranch Planned Unit Development on the following
described real estate, to-wit:
Part of the W1/2 of Section 29, Township 5 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 Albert Challenger, with terms and
conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with two Deeds of Trust for Lots 1 through 5,
Challenger Ranch Planned Unit Development, dated October 25, 2001, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Deeds of Trust for Lots 1 through 5 of Challenger Ranch Planned Unit
Development 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 Albert
Challenger, be, and hereby is, approved.
BE IT FURTHER RESOLVED that the two Deeds of Trust for Lots 1 through 5,
Challenger Ranch Planned Unit Development, dated October 25, 2001, be and hereby are,
accepted.
2001-3100
PL1573
PC: PL, PLX I z
IMPROVEMENTS AGREEMENT -ALBERT CHALLENGER (S #605)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of October, A.D., 2001.
BOARD OF OUNTY COMMISSIONERS
WELD CO NTY, COLORADO
ATTEST: �.,' IE IL �� Q t%
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Weld County Clerk to th- .oatoy&
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7�J ll Glenn Vaad, Pro-Te BY: Deputy Clerk to the Bo`4'LL Y` $1 William erke
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APPROVED AS,.T6 FORM: A gi
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R bert D. Ma den
0/7
Date of signature:
2001-3100
PL1573
IMPROVEMENTS AGREEMENT ACCORDING TO
038 POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLIC ROAD MAINTENANCE)
THIS AGREEMENT, made and entered into this 31st day of October , 2001 ,by and
between the County of Weld, State of Colorado, acting through its Board of County Commissioners,
hereinafter called "County," and Albert Challenger , 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:
PART OF THE WEST HALF OF SECTION 29, TOWNSHIP 5 NORTH, RANGE 67 WEST
OF THE 6TH PRIME MEDIDIAN, WELD COUNTY COLORADO
WHEREAS, a final Subdivision/Planned Unit Development (PUD) Plat of said property, to be
known as CHALLENGER RANCH PUD 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 estiniates 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
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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.
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
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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.
5.0 Off-Site Improvements Reimbursement Procedure: The subdivider,applicant,or owner may
be reimbursed for off-site road improvements as provided in this section when it has been
determined by the Board of County Commissioners that the road facilities providing access
to the Subdivision or Planned Unit Development are not adequate in structural capacity,
width, or functional classification to support the traffic requirements of the uses of the
Subdivision or Planned Unit Development.
5.1 The subdivider, applicant, or owner shall enter into an off-site improvements
agreement prior to recording the 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 shall the
original subdivider, applicant, or owner collect an amount which exceeds the total
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cost of improvements less the pro rata share of the total trip impacts generated by
the original development. Evidence that the original subdivider,applicant,or owner
has been reimbursed by the subsequent subdivider, applicant or owner shall be
submitted to the Department of Planning Services prior to recording the
Subdivision, Resubdivision, or Planned Unit Development Final Plat.
5.5 The amount of road improvement costs to be paid by the subsequent subdivider,
applicant,or owner of a Subdivision,Resubdivision,or Planned Unit Development
using the road improvements constructed under a prior improvement agreement will
be based upon a pro rata share of the total trip impacts associated with the number
and type of dwelling units and square footage and type of nonresidential
developments intended to use the road improvement. The amount of road
improvement costs shall also consider inflation as measured by the changes in the
Colorado Construction Cost Index used by the Colorado Division of Highways.
The cost of road improvements may be paid by cash contribution to the prior
subdivider,applicant or owner,or by further road improvements which benefit the
prior subdivider, applicant, or owner's property. This decision shall be at the sole
discretion of the Board of County Commissioners based upon the need for further
off-site road improvements.
5.6 The report entitled TRIP GENERATION (Third Edition. 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
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of work on the Subdivision or Planned Unit Development improvements in that
phase of the development are satisfactory to the County; and all terms of this
Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit
Development and the filing of a Statement of Substantial Compliance, the
applicant(s)may request in writing that the County Engineer inspect the streets and
recommend that the Board of County Commissioners accept them for partial
maintenance by the County. Partial maintenance consists of all maintenance except
for actual repair of streets,curbs and gutters, and related street improvements. Not
sooner than nine months after acceptance for partial maintenance of streets, the
County Engineer shall, upon request by the applicant, inspect the subject streets,
and notify the applicant(s)of any deficiencies. The County Engineer shall reinspect
the streets after notification from the applicant(s) that any deficiencies have been
corrected. If the County Engineer 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 he completed within one(I)rear 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) Bars
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
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property or the issuance of building permits until collateral is provided or until
improvements are in place and approved pursuant to the requirements for a Request
for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits "A" and "B." The
costs of the improvements described in Exhibit"A"will be adjusted higher or lower
for the year and quarter in which the contemplated work is being performed based
on "The State Highway Bid Price Index"contained in the"Quarterly Cost Report"
of The Engineering News-Record as published by The McGraw-Hill Companies.
The applicant has provided cost estimates for all phases of the development which
will be adjusted in accordance with The State Highway Bid Price Index at the time
of posting of collateral for each phase.
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter ofCredit from a Federal or State licensed financial institution
on a form approved by Weld County. The Letter of Credit shall state at least the
following:
8.1.1 The Letter of Credit shall be in an amount equivalent to One-Hundred
percent (100%) of the total value of the improvements as set forth in
Section 6.0 and Exhibits "A" and "B."
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 ofCredit 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
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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.1.)
indicating that the value of the property encumbered in its current state of
development is sufficient to cover One-Hundred percent(100%)of the cost
of the improvements as set forth in the Improvements Agreement plus all
costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the
amount specified in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will he 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-l-Iundred percent(100%)of the value of
the improvements as specified in the Improvements Agreement.
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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 aportion of the project has been completed in substantial compliance with approved plans
and specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during the
course of construction and the construction plans utilized are the same as those
approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation(CDOT)Schedule for minimum materials 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"Wananty 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
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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.
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 e • uted the day
and year first above written.
APPLICANT:
APPLICANT:
TITLE: (24-1141/1/
Subscribed and sworn to before me this&5 day of Oe4 , 20O/ .
My Commission expires: j � ajei�
Notary Public - eUon pipt lh
Kt 30 n2605 --(wet Agy'°Aa g
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BOARD OF C UNTY COMMISSIONERS
WELD CO Y, COLORADO
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Meile, C air (10/31/2001)al Glenn Vaad,�i co-Tern
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Weld County Clerk to th .o 0 el* f141— F
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Deputy Clerk to the Bob " Nvt4', ert D. Mas en
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APPROVED AS TO FORM:
County 4ttorney
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EXHIBIT"A"
Name of Subdivision
or Planned Unit Development: Challenger Ranch
Filing: 1
Location: NW} & Ni SWi Sect. 29, T5N, R67W, 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)
Estimated
Improvements Unit Cost Construction Cost
Site grading
Street grading $ 2.50/CY $ 3,400.
Street base 21.00/CY 27,300.
- Street paving 40.00/T 37,200. -
Curbs, gutters, and culverts
Sidewalk
Storm sewer facilities
Retention ponds
pitch 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) (inch. serv. conns) 33.25/LF 39,900.
Fire hydrants 1750.00/EA 3,500.
Survey and street monuments and boxes
Street lighting
Street name signs
Fencing requirements (blk. ret. wall) 15.00/SF 9,750.
Landscaping
l'ark improvements
Road culvert 35.00/LF 1,400.
Grass lined swalc
Telephone By utility provider 0
Gas By utility provider 0
Electric (net of rebate) 6.00/LF 7,200.
Water transfer
St Ill-TOTAL: $129,650.
Engineering and Supervision Costs$ 13,000. \V111\
(Testing, inspection, as-built plans and work in addition in preliminary and final plat; supervision of actual
construction by contractors) )(X
TOTAL ESTIMATED ('OST OF IMPROVEMENTS ANDSUPERVISION $142,650. ( /11111128990111111/08/211III1111111111 11111Suki 1 Tsuka1111III Jill I) .,,,, o,v,Hunrmvn,,unn„“ oinvu �
e
11 of 14 R 0.00 D 0.00 Weld County CO
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 i veptents shal "co eted fording to the construction schedule set out in Exhibit "D."
By:
li nt
OZ-72-e227
pplicant
tom'6CiU1'l ► -C Date:Lv V"1 , 20 °
Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
111 11111 1111111 IIII VIII 11111111 111 BOOM
I'll
2899038 11/08/2001 12:32P JA Suki Tsukamoto 11•0“..10 ryw
12 of 14 R 0.00 D 0.00 Weld County CO m,wrotrs,..,:mmrki VATE,,,,AItl MrNUVAI:N1:1:
I{Alfieri- "It"
Name of Subdivision
or Planned Unit Developincin Challenger Ranch
Piling: 1
Location: NW} & Ni SW/ Sect. 29, T5N, R67W, 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
Street base 9—01-07
Street paving 10-01-02
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 7—01-02
Eire hydrants 7-01-02
Survey and street monuments and boxes
Street lighting
Street name signs 9-01-02
Fencing requirements
Landscaping
Park improvements -
Road culvert 8-01-02
Grass lined swale
Telephone
Gas
Electric
Water Transfer
SUB-TOTAL:
I.: —
;ti
AIM 1111111111111111 III Iillll III IIII
"""
2899038 11/08/2001 12:32P JA Suk1 Tsukamoto „"°
13 of 14 R 0.00 D 0.00 Weld County CO
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 ca
aS
hunt _
Applicant
eP� li
19/312,11 1 Date D 7 ' , 20 62(
Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
1111111111111111111 IIIIVIII VIII 11111111 III INII IIM Revised YNO VIWI
2899038 11/08/2001 12:32P JA Suki Tsu amo 0
AI:1\\'YY'll.l:\\\\'1'NIIIYIII\'n YI:NI)Alll\IYNII\'AI:NI:1:
14 of 14 R 0.00 0 0.00 Weld County CO
///����'�t DEED OF TRUST
THIS DEED OF TRUST, Dated `✓ go ,2001, between Albert S. Challenger, the grantor herein,
whose address is P.o. Box 448,Evergreen, CO 60439 of the County of Jefferson and State of Colorado, and the PUBLIC
TRUSTEE of the County or City and County in which the property described below is situated, in the State of
Colorado.
Witness:
The grantor, to secure the obligations o£ the Debtor pursuant to the Improvements Agreement According to Policy
Regarding Collateral for Improvements( Publicly Maintained Roads) dated , 20Q recorded at Reception II
of the records of the Weld County Clerk and Recorder as hereinafter referred to in the
singular as Agreement, for the benefit of the beneficiary herein, Weld County Board of County Commissioners, whose
address is 915 10" St ,Greeley Colorado 80631 does hereby grant and convey unto said Public Trustee the following
described property, situate in the County of Weld, State of Colorado, to wit:
Lot 2 of the Challenger Ranch, a Planned Unit Development recorded at I on
, 200 in the records of the Weld County Clerk and Recorder.
TO HAVE AND TO HOLD the same together with all appurtenances, in trust nevertheless, that in case of default in the
exercise of said obligations or any part thereof, or in the performance of any covenants hereinafter set forth, then
upon the beneficiary filing notice of election and demand for sale, said Public Trustee, after advertising notice
of said sale weekly, for not less than four weeks, in some newspaper of general circulation in said county, shall
sell said property in the manner provided by law in effect at the time o₹ filing said notice and demand, at public
auction for cash, at any proper place designated in the notice of sale. Out of the proceeds of said sale said
Trustee shall retain or pay first all fees, charges and costs and all moneys advanced for taxes, insurance and
assessments, or on any prior encumbrance, with interest thereon, and pay the principal and interest due on said
obligaton, rendering the overplus (if any) unto the grantor; and after the expiration of the time of redemption,
said Trustee shall execute and deliver to the purchaser a deed to the property sold. The beneficiary may purchase
said property or any part thereof at such sale.
The grantor covenants that at the time of delivery of these presents, he is seized of said property in fee
simple, and that said property is free of encumbrances other than those documents recorded at Reception C 2707959,
on 7-20-1999, Reception 1 2816212 on 1-9-2001 and Reception 4 2855942, dated 7-1S-2001.
The grantor also covenants that he will keep all buildings, if any, insured with a company approved by the
beneficiary for fire and extended coverage in an amount equal to the unpaid balance of said note with loss payable
to the beneficiary, will deliver a copy of the policy to the beneficiary and will pay all taxes and assessments
against said property and amounts due on prior encumbrances. If grantor shall fail to pay insurance premiums, taxes
or amounts due on prior encumbrance, the beneficiary may pay the same and all amounts shall become additional
indebtedness due hereunder, and in case of foreclosure, he will pay an attorney's fee of
Should the beneficiary hereunder be made a party to any action affecting this deed of trust or the title to said
property, the grantor agrees that all court costs and a reasonable attorney's fee paid by the beneficiary shall
become additional indebtedness due hereunder, and the grantor does hereby release and waive all claims in said
property as a homestead exemption or other exemption now or hereafter provided by law.
It is agreed that in case of default in the agreement or a breach of any of the covenants herein, then
possession of said property will thereupon be delivered to the beneficiary, and on failure to deliver such
possession the beneficiary shall be entitled to a receiver for said property, who may be appointed by any court of
competent jurisdiction.
Whenever used herein the singular number shall include the plural, the plural the singular, and the use of
any gender shall be applicable to all genders. All of the covenants herein shall be binding upon the respective
heirs, personal representatives, successors and assigns of the parties hereto.
gsde d earfiirsstabove written.
STATE OF COLORADO )
County of Weld ) ss.
)
The�1 foregoing instrume�ns was acknowledged before me this ZS day of /dpey, 20O) by
AAche; . �, c,&4.4t, jei'
My commission expires . Witness my hand and official seal.
. cfof /(117cOZ
notary Public
E // �`�
-- .:, (Z3(- Fe47� �cee [� ea 0063/
r Address
. 1' n 1-
t')
LcAultiltal bn .,Ja ,
DEED OF TRUST
THIS DEED OF TRUST, Dated "u0 ,2001, between Albert S. Challenger, the grantor herein,
whose address is P.O. Box 448,Evergreen, CO 80439 of the County of Jefferson and State of Colorado, and the PUBLIC
TRUSTEE of the County or City and County in which the property described below is situated, in the State of
Colorado.
Witness:
The grantor, to secure the obligations of the Debtor pursuant to the Improvements Agreement According to Policy
Regarding Collateral for Improvements( Publicly Maintained Roads) dated , 200 recorded at Reception 4
of the records of the Weld County Clerk and Recorder as hereinafter referred to in the
singular as Agreement, for the benefit of the beneficiary herein, Weld County Board of County Commissioners, whose
address is 915 10'h St ,Greeley Colorado 80631 does hereby grant and convey unto said Public Trustee the following
described property, situate in the County of Weld, State of Colorado, to wit:
Lots 1 and 3-5 inclusive of the Challenger Ranch, a Planned Unit Development recorded at 4
on , 200 in the records of the Weld County Clerk and Recorder.
TO HAVE AND TO HOLD the same together with all appurtenances, in trust nevertheless, that in case of default in the
exercise of said obligations or any part thereof, or in the performance of any covenants hereinafter set forth, then
upon the beneficiary filing notice of election and demand for sale, said Public Trustee, after advertising notice
of said sale weekly, for not less than four weeks, in some newspaper of general circulation in said county, shall
sell said property in the manner provided by law in effect at the time of filing said notice and demand, at public
auction for cash, at any proper place designated in the notice of sale. Out of the proceeds of said sale said
Trustee shall retain or pay first all fees, charges and costs and all moneys advanced for taxes, Insurance and
assessments, or on any prior encumbrance, with interest thereon, and pay the principal and interest due on said
obligaton, rendering the overpius (if any) unto the grantor; and after the expiration of the time of redemption,
said Trustee shall execute and deliver to the purchaser a deed to the property sold. The beneficiary may purchase
said property or any part thereof at such sale.
The grantor covenants that at the time of delivery of these presents, he is seized of said property in fee
simple, and that said property is free of encumbrances other than those documents recorded at Reception 4 2707959,
on 1-2D-1999, Reception 4 2818212 on 1-9-2001 and Reception 4 2865942, dated 7-16-2001.
The grantor also covenants that he will keep all buildings, if any, insured with a company approved by the
beneficiary for fire and extended coverage in an amount equal to the unpaid balance of said note with loss payable
to the beneficiary, will deliver a copy of the policy to the beneficiary and will pay all taxes and assessments
against said property and amounts due on prior encumbrances. If grantor shall fail to pay insurance premiums, taxes
or amounts due on prior encumbrance, the beneficiary may pay the same and all amounts shall become additional
indebtedness due hereunder, and in case of foreclosure, he will pay an attcrney's fee of
Should the beneficiary hereunder be made a party to any action affecting this deed of trust or the title to said
property, the grantor agrees that all court costs and a reasonable attorney's fee paid by the beneficiary shall
become additional indebtedness due hereunder, and the grantor does hereby release and waive all claims in said
property as a homestead exemption or other exemption now or hereafter provided by law.
It is agreed that in case of default in the agreement or a breach of any of the covenants herein, then
possession of said property will thereupon be delivered to the beneficiary, and on failure to deliver such
possession the beneficiary shall be entitled to a receiver for said property, who may be appointee by any court of
competent jurisdiction.
Whenever used herein the singular number shall include the plural, the plural the singular, and the use of
any gender shall be applicable to all genders. All of the covenants herein shall be binding upon the respective
h rs, personal representatives, successors and assigns of the parties hereto.
edi first above written.
Execu t and�eedi first above written.
J'
STATE OF COLORADO 1
County of Weld } as.
1
/y,L,eI
e/s//The y�forego/i7n/g innsstrument was acknowledged before me this BLS day of C..L_/GL"', 20ed by
/W/JKf S l.Gi ls-aCiacls-C/-
Hy commission expires Witness my hand and official seal.
*/ !D, :7002
1 �.04eat/Y.W"7/L we
+ Nv:aSy Public
,� 4 ; „ .
/t3( - F'`-'t, y &., 5"065/
Address
•
., ' H n1. � e.
ifSiStsr,D MEMORANDUM
� Board of County Commissioners
WILDTo:
COLORADO' DATE: October 28, 2001
FROM: Kim Ogle, Planner III
SUBJECT: Acceptance of Irrevocable Letter of Credit
Challenger Ranch PUD
Case Numb S-611
Albert Challenger, applicant
On October 25, 2001 the Department of Planning
first Deed of Trust is for Lo -5 and the second Deed of Trust is for Lot 2 of the Challenger
Ranch PUD, case numb r.S-611.
Items covered under the Deed of Trust(s) include:
Street Grading
Street Base September 2002 $ 3,400.
Street Paving
October 2002 $ 27,300.
Water Mains $ 37,200.
July 2002
Fire Hydrants
July 2002 $ 39,900.
Fencing $ 3,500.
July 2002
Road Culvert
August 2002 $ 9,750.
Electricity $ 1,400.
August 2002
Engineering and Supervision Costs $ 7,200.
$ 13,000.
Total Estimated Cost of Improvements and Supervision
$142,650.
The Weld County Attorney, 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 Challenger Ranch PUD, and the Department of Plannin
recommends acceptance of both Deeds of Trust.
g Services
2001-3100
Pi_1573
Kim Ogle Challenger102301 wpd Page 1
October 24,2001
Albert Challenger
P.O. Box 448
Evergreen, CO 80493
RE: Collateral for Challenger Ranch
Dear Al:
You and I have discussed the possibilities regarding the use of a Deed of Trust to secure your
obligations to put in infrastructure for the Challenger Ranch PUD as evidenced by a Collateral
Improvements Agreement. We have discussed the County policy that where a Deed of Trust is
used,the property encumbered needs to be valued by a competent appraiser to be worth an
amount, in its unimproved state, in excess of the amount secured. You have indicated that you
have a market analysis will not actually have a full MAI appraisal until after the plat is recorded.
I have indicated that a possible approach is for the County to hold two Deeds of Trust on Lots
3-5 and Lot 2 of the PUD in separate documents. This would allow the plat to be recorded but
the parcels could not be sold without County consent. Meanwhile,the appraisal process and
your negotiation on your construction loan could proceed. Once the County is assured that Lot 2
is of sufficient value to secure your improvements,the County would release Lots 1 and 3-5 or
subordinate the County's interest to that of a lender. The County would then also have to be
placed in first position as a lien on Lot 2.
This process should allow you to get the plat recorded but preclude sale of individual lots
without County consent until the matter of valuation and adequacy of the collateral can be
resolved. At that point in time, lots will be released by the County so that you will be able to
proceed with the development.
Yours truly,
Lee D. Morrison
Assistant Weld County Attorney
pc: Drew Scheltinga, Public Works
Kim Ogle,Planning Department
Kim Ogle- PLAN14S.WPD Page 1
MEMORANDUM
TO: Kim Ogle, Planner III DATE: October 26, 2001
FROM: Donald Carroll, Engineering Administrator
SUBJECT: S-605; Challenger Ranch PUD
I have compared the Exhibit "A" of the Improvements Agreement with the plat drawing. The
unit costs and quantities on the Exhibit"A"are adequate to complete this project.
This project was reviewed as a paved cross section.
pc S-605
planl4s
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