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Home My WebLink About20010283.tiff RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) AND ACCEPT FORM OF COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#1217 - FAITH TABERNACLE CHURCH, C/O DANNY PERDEW 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 October 13, 1999, the Weld County Board of Commissioners did approve a Site Specific Development Plan and Use by Special Review Permit#1217 for Faith Tabernacle Church, do Danny Perdew, 13248 Weld county Road 72, Greeley, Colorado 80631, for a Church on the following described real estate, to-wit: Lots 2, 3, 4, 5, 6, and 7, Block 1, Peterson- Alexander Subdivision; being part of Section 16, Township 5 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 Faith Tabernacle Church, Go Danny Perdew, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Irrevocable Letter of Credit#000107 from Centennial Bank of the West, 2700 47th Avenue, Greeley, Colorado 80634, in the amount of$13,000.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Irrevocable Letter of Credit as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Faith Tabernacle Church, do Danny Perdew, be, and hereby is, approved. (� 2001-0283 PC'. pL, PIA Fr, -Fu PL1325 IMPROVEMENTS AGREEMENT - FAITH TABERNACLE CHURCH, C/O DANNY PERDEW PAGE 2 BE IT FURTHER RESOLVED that Irrevocable Letter of Credit#000107 from Centennial Bank of the West, 2700 47th Avenue, Greeley, Colorado 80634, in the amount of$13,000.00, be and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of January, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD COU , COLORADO ATTEST: m`� ' M % I, . J. eile, Ch r SI Weld County Clerk to the . SAAA4, ;err ` lenn Vaad, Deputy Clerk to the Board I� / 1l_ 1 Will' H. Jerke AP VED AS TO F RM: 2 Davi . ong unty ey ilikkir—L Robert D. Masden 2001-0283 PL1325 q7L� IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this k t day of J6inuAvy ,206%,by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and FGtw, t4 sa-rwAc LAW mot, 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: AMENDED LOT 2 OF THE ALEXANDER-PETERSON SUBDIVISION BEING PART OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 5 NORTH. RANGE 66 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be known as FAITH TABERNACLE CHURCH 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 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. 11111 11111111111 IIIIIII IODINE VIII VIII III VIII IIII IIII 1 M:\WPFI LES\WENDI\APRI VATE I M PRORevised 01/08/2001 VEMENTAGREE 2825976 02/14/2001 01:30P JA Suki Tsukamoto 1 of 12 R 0.00 D 0.00 Weld County CO 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. 1 RIM 1 1111 1111111 III 11111111111111111 III 11111 IIII IIII Revised M0S/2001 2825976 02/14/2001 01:30P JA Suki Tsukamoto 2 M:\WPFILES\WENDI\APRIVATEIMPROVEMENTAGREE 2 0l 12 R 0.00 D 0.00 Weld County CO • 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 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. 1111111111111111111 III 1111111 VIII 11111 III VIII (III IIII 2825976 02/14/2001 01:30P JA Suki Tsukamoto 3 RzrMENT4612001 3 of 12 0 0.00 0.00 Weld County CO M9WPFILERWENDRAPRIVATEIMPROVEMENTAGREE 0 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. 11111 11111 1111111 III 1111111111111111111111111 ENERevised 01/08/2001 2825976 02/14/2001 01:30P JA Suki Tsukamoto 4 M\WPFILES\W ENDMPRIVATEIMPROVEMENTAOREE 4 of 12 R 0.00 D 0.00 Weld County CO • 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. 111111111111111111III 11111111111111111III 11111 IIII illl ed 01/0812001 2825976 02/14/2001 01:30P JA Suki Tsukamoto "`"MENTAGREE M:\W PFILES\WENDIW PRIVATEIMPROVEMENTAOREE 5 of 12 R 0.00 O 0.00 Weld County CO 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. I Mill VIIII111111III IBM (IIIIVIII III VIIIIIIIIIII 6 Revised 01/08/2001 2825976 02/14/2001 01:30P JA Suki Tsukamoto M:\WPFILESIWENOI\APRIVATEIMPROVEMENTAGREE 6 of 12 R 0.00 D 0.00 Weld County CO • 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. 1111111111111111111 III 1111111BLOOM 1111111111111 Revised.� Revised 01/08/20012825976 02/14/2001 01:30P JA Suki Tsukamoto M:\WPFILES\WENDDAPRIVATEIMPROVEMENTAGREE 7 of 12 R 0.00 0 0.00 Weld County CO IN WITNESS WHEREOF, the parties hereto have,caused this Agreement to be executed on the day and year first above written. APPLICANT: Fig,1/4/SeRN/AC/1— APPLICANTT:: TITLE: 4,71,-R Subscribed and sworn to before me this AV day of , Loy. , 2,000 0/ . My Commission expires: SA -t°11/14a 11471-Øqarx7 Notary Public BOARD OF COUNTY COMMISSIONERS WELD CO Y, COLORADO -ttl&i M. J. eile, Chai M / a� Glenn Vaad, ChairTro-1 em ATTEST: Liglai SOllwasese fv. 1-O Weld County Clerk to the B•r 4 tee!1/4,all0I` F avi Long t ir 41 BY: ygAr , . .. 1,iffii re .-N Deputy Clerk to the Board�;( / '\ e, Robert D. Masden APPROVED AS TO FORM: )„ Co ttorney 11111111111111111 III IIIIIII VIII VIII III 11111 IIII IIIIRevised 01/02/2001 MAWPFILES\WENRI\APRIVATEIMPROVEMENTAGREE 2825976 02/14/2001 01:30P JA Suki Tsukamoto 8 of 12 R 0.00 D 0.00 Weld County CO EXHIBIT "A" Name of Subdivision FAITH TABERNACLE CHURCH or Planned Unit Development: Filing: Location: SEE LEGAL ON PAGE ONE 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 Park-;n5 ' ;r:-.a 1- S. 5to Street grading Street base Street paving Curbs, gutters, and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Ed:* 25to°= Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On-site sewage facilities On-site water supply and storage Water mains (includes bore) Fire hydrants Survey and street monuments and boxes Street lighting Street name signs Fencing requirements Landscaping 1o,aboe• Park improvements Road culvert Grass lined swale Telephone Gas Electric Water transfer SUB-TOTAL: Engineering and Supervision Costs $ ^0^ (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 $ S3,ow 1 111111 11111 1111111 111 1111111 11111 11111 III MI MI fill Revised 01/08/2001 9 2825976 02/14/2001 01:30P JA Suki Tsukamoto M:\WPFILES\WENDRAPRIVATEIMPROVEMENTAGREE 9 of 12 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 improvements shall be completed according to the construction schedule set out in Exhibit"B." By: rf/Td .rsv�/ Applicant Applic� a7aa L775' /eePi gr% Date: O/ /1 , 20 67 . Title (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) 1 111111 11111 1111111 III 1111111 11111 Ill I III 111111 III 1111 2825976 02/14/2001 01:30P JA Suki Tsukamoto Revised 01/08/2001 10 of 12 R 0.00 O 0.00 Weld County CO 10 MAWPFILES\WENDMPRIVATEIMPROVEMENTAGREE EXHIBIT "B" Name of Subdivision or Planned Unit Development: FAITH TABERNACLE CHURCH Filing: Location: SEE LEGAL ON PAGE ONE 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 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 PAD M'34- STY-teat. ;tot Sett-wt. lent Street base Street paving Curbs,gutters, and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Sewot... 4 i 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 SPA 2°,1 Park improvements Road culvert Grass lined swale Telephone Gas Electric Water Transfer SUB-TOTAL: I Mill 11111 III III HIM 1111111111111 111111 III 1111 2825976 02/14/2001 01:30P JA Suki Tsukamoto 11 of 12 R 0.00 D 0.00 Weld County CO 11 MAWPFILEs\WENDRAPRIVATEIMPROVE ENTAGREE 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: Mi/// y Me 2/r1CA Applicant Apph ant /4 f76/7 710t r% Date: ©/ // , 200/. Title (If corporation, to be signed by President and attested to by Secretary,together with corporate seal.) 1111111111111111111 III 11111111111111111 III 111111 III Ilil 2825976 02/14/2001 01:30P JA Suki Tsukamoto 12 of 12 R 0.00 D 0.00 Weld County CO 12 Revised GREE MAWPFILES\WENDDAPRIVATEIMPROVEMENTAGREE Noel MEMORANDUM Wi`Pe. To: Board of County Commissioners January 11, 2001 COLORADO From: Kim Ogle, Planner II yr Subject: Acceptance of Irrevocable Letter of Credit Case Number USR 1217 On January 11, 2001, the Department of Planning Services received an Irrevocable Letter of Credit for Faith Tabernacle Church, Inc., for on-site improvements for Faith Tabernacle Church Case Number USR-1217, in the amount of thirteen thousand dollars and no/100s ($ 13,000.00). Items covered under this letter of credit include: Parking Lot Striping Spring 2001 $ 500.00 Irrigation Ditch Improvements Spring 2001 $ 2500.00 Landscape Treatment Spring 2001 $ 10000.00 Total Estimated Cost of Improvements and supervision $ 13000.00 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 on-site improvements for Faith Tabernacle Church, Inc., and the Department of Planning Services recommends acceptance of this Letter. SERVICE,TEAMWORK,INTEGRITY,QUALITY 2001-0283 pi_O;5 At:vt MEMORANDUM WnPe. TO: Board of County Commissioners DATE: January 11, 2001 COLORADO FROM: Kim Ogle, Planner 'Iv) SUBJECT: USR 1217, Faith Tabernacle Church, Phase I The Department of Planning Services' has reviewed the Improvements Agreement dated January 11, 2001 for the on-site improvements to the above referenced facility. In the opinion of the Department of Planning Services the amount of collateral provided by the applicant should cover the expenses to the outstanding improvements required on site. SERVICE,TEAMWORK,INTEGRITY,QUALITY 1 . 0 MEMORANDUM Wil TO: Kim Ogle, Planner II DATE: December 21, 2000 • FROM: Donald Carroll, Engineering Administrator Fl • COLORADO rlonniat8FT: USR-1217, Faith Tabernacle Church, Phase I 27 2000 RECEIVED At the request of Planning Services and the applicant, an inspection of the site was performed. The Weld County Public Works Department recommends the release of the transportation collateral for street grading, street base, concrete paving, curb, gutter, culverts, and sidewalk. There are two approaches from the concrete parking lot areas to WCR 29 (71'. Avenue) and U.S. Highway 34 Bypass (Frontage Road). These approach areas will be completed in the spring when the asphalt plants open. The purpose of the asphalt approach sections are to accommodate the widening of 71st Avenue and the Frontage Road as the City of Greeley expands to the west. Ditch Improvements: Reverend Danny Perdew indicated that the ditch improvements identified in the irrigation ditch master sheet was provided by Total Engineering, and Sheet 1 of 1 shall be completed in the next few days. He will contact Planning Services or Public Works for verification of the completion. Landscaping: Due to the current season, no landscaping has been planted on site. Reverend Perdew indicated that he has been working with a landscaper in the Hudson area and he was scheduling for the work to be done in early spring. Due to weather restraints, the parking lot stripping cannot be completed until spring. Reverend Perdew informed me that he had received a reasonable bid to complete this work in the spring. I recommend that a copy of the bid is placed in the file and that the work is completed in the spring. The Weld County Public Works Department recommends retaining $500 for the parking lot stripping. All other transportation items mentioned above for Phase 1 have been completed to my satisfaction with no distress or repairs are needed. All other non-transportation items shall be verified by Planning Services prior to release. pc: Julie Chester, Lead Planner Carol Harding, CTB plan 11 usr.wpd nm ` , 3Y` CENTENNIAL BANK of the West IRREVOCABLE LETTER OF CREDIT #000107 January 11, 2001 Weld County Planning and Zoning 1555 N. 17th Ave. P.O. Box 1948 Greeley, CO 80631 Re: Completion of Improvements, Faith Tabernacle Church, Inc. Dear Sirs: The Centennial Bank of the West, 2700 47th Avenue, Greeley, CO 80634, hereby authorizes you to thaw on us for the account of Faith Tabernacle Church, Inc., up to an aggregate amount of THIRTEEN THOUSAND AND NO/100 DOLLARS ($13,000.00), such amount not available except by your drafts at sight, and accompanied by certification by the Weld County Planning and Zoning that Faith Tabernacle Church, Inc. failed to complete the installation of improvements for the Faith Tabernacle Church, Inc., Weld County, Colorado, in accordance with the Improvement Agreement for Faith Tabernacle Church, Inc. Filing dated , 2001,by and between Weld County and Faith Tabernacle Church, Inc., a Colorado Non-Profit Corporation. We hereby further agree that: (a) Drafts drawn under, and in compliance with the terms of this Irrevocable Letter of Credit will be duly honored if presented at our office at 2700 47`h Avenue, Greeley, CO 80634, on or before January 11, 2002, upon which date this Letter of Credit shall expire. (b) Funds available under this Irrevocable Letter of Credit may be drawn in such amounts, and at such times, as determined by the County Planning and Zoning, in his/her sole discretion,provided that the amount drawn shall not exceed the aggregate amount specified herein. 4135 • Irrevocable Letter of Credit#000107 Weld County Planning and Zoning/Faith Tabernacle Church,Inc. January 11, 2001 —Page 2. (c) We shall have no right, duty, obligation, or responsibility to evaluate the performance, or non-performance, of the underlying contract between Faith Tabernacle Church, Inc. and the holder of this Letter of Credit. (d) This Letter of Credit will be reduced to 15% of the face amount ($1,950.00) upon acceptance by Weld county of the public improvements required by the Improvement Agreement referred to above. (e) The amount of any draft drawn hereunder must be endorsed on the reverse side hereof. All drafts must be marked"Drawn under Irrevocable Letter of Credit #000107, Faith Tabernacle Church, Inc."and be accompanied by this original Letter of Credit. (0 This 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. Dated this 11`h o J uary, 2001 Centennial ank o e We By. Dennis Holman Senior Vice President t. :7P Dill(\ CLERK TO THE BOARD PHONE (970)336-7215, Ext. 4225 FAX: (970)352-0242 P. O. BOX 758 C• GREELEY, COLORADO 80632 COLORADO August 10, 2005 Faith Tabernacle Church do Danny Perdew 13248 Weld County Road 72 Greeley, Colorado 80631 RE: Cancellation and release of Collateral To Whom It May Concern: Attached hereto please find copies of the Board of County Commissioner's Resolution approving the cancellation and release of collateral, as referenced above. A Weld County Warrant, in the amount of $1,500.00, is enclosed. If you have questions or need additional information, please do not hesitate to contact me at(970) 356-4000, Extension 4217. Very truly yours, BOARD OF COUNTY COMMISSIONERS By: 7/at.4,42-1-gfat Carol A. Harding, Deputy Clerk to the Board at— o7()E3 ruR county,connao tun coI':NUMEBR Nk'DICY Qa RRFga@(vCR IN�O � - WkxxxxT NUMBER 31grox, DRTR aM0UN'P '0RD0C?nQNS'�! Dl '. NST'E/CO/USR1217 08/10/05 1 ,500.00 ' .00 00 1 ,500.00 REMOVE DOCUMENT ALONG THIS PERFORATION THIS ••CUMENT IS C 95. 7C N•1 7 INTEE IN TW• u CCE T UW ESS WN aZ 8 s 9 W IinlYl I a , 9 •LUE •N• - • ENT • I41 F'l luldiY tlP :: f� W �^ I �I"11I11�l By OrderOP Tha)3aard c! `•'s h pu a W31 0,• Od � m II P.MB IdI vlllliVl III, A' 9 II Na+� Y V' Wu'1"IIR r ,a „q Imlo us N INI IIT IIII ,•u, 7✓ d° f 1 l uulN + REBLEY IIII 11 RPM I', If VII( VIII III aryl, T tlVIi goI'oo 0,GIQ fi • xx T-",y ,xp (970)356,-4d68 FAX1 0135 I' T '� Ekd"W a +ulunumr muu t § Silo § o R 42 IM loon Iu Iuu:.„, P $$ x 1 O MtY$'BACTL'1'3 w at $ Y ' 7NB cowl, . pare 08/12105 a� 1a, ,,i is- P41—TyyEi T'1BF.pR�N,�A4'I`;kj,��CAiJ�CFFs,, xi F O s'- f s »« ..),v m /�y i=`V•�{� xRs F �'' Iu� IN' 4p�ImIIIIIM IIII III �RMR ..kRO OFCLI o 33'48 kli'BAirn r °>` °Iu, Irhpl Oill °II IIIIIpIi' 141 I �IirI;^uVl^ur rll aux COMM motors g EGIY GC8063] - + uu1l l iu� y uill�w re.x..a .. 1 sx� rM a- �. �..,�G •vn s.: a Ilmry,.O m ll�j��Igilg �I°II i11i rp �J�rlI�jhI°II1I11m��l il�r -�J +<. a`^...,w .cy ,, g ROFTHEB k D A IP 6 3 La i0 2 LOO9 L8':80 L 27008480 �� COLLATERAL RELEASED IN CONJUNCTION WITH OTHER CASES SEE #2005-2091 Hello