HomeMy WebLinkAbout20010373 RESOLUTION
RE: ACTION OF BOARD CONCERNING IMPROVEMENTS AGREEMENT ACCORDING
TO POLICY REGARDING COLLATERAL FOR LANDSCAPING IMPROVEMENTS
AND FORM OF COLLATERAL FOR SITE PLAN REVIEW, SPR#315 - KINGS COURT
PROPERTIES, LLLP
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, the Board has been presented with an Improvements Agreement According
to the Policy Regarding Collateral for Landscaping Improvements and the Form of Collateral for
Site Plan Review, SPR#315, for Kings Court Properties, LLLP, and
WHEREAS, a hearing before the Board was held on the 5th day of February, 2001, at
which time the Board deemed it advisable to refer said matter to the Department of Planning
Services to be brought back at a later date once all of the outstanding issues have been
addressed.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the abovementioned matter be, and hereby is, referred to the
Department of Planning Services.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of February, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
,viala` WELD COU TY, COLORADO
ATTEST: �51 il / / y1 1 /J d '' �/.Cei
r �, J. eile, Chair
Weld County Clerk to the rill Ii�'% j) �//
I IL I- !Sal �' s
BY. 6 G ��..,�d4 � 1,� lenn Vaad, Pro-Te
Deputy Clerk to the Boar.♦ '� �' �^�
Will H. J rke
1 APPROV AS TO F M: `� cit,,,--ii
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Davi E. Long
ty ttorn ysik
Robert D. Masden
2001-0373
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PC OA- PL1454
rs
DEPARTMENT OF PLANNING SERVICES
lunge, 1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
WEBSITE:www.co.weld.co.us
E-mail address: kogle@CO.WeId.CO.US
COLORADO PHONE (970) X(97 EXT.3540
FAX(970)304-6498
February 7, 2001
Mr. John Canny
3560 Evergreen Parkway, Suite 204
Evergreen, CO 80439
Mr. Kenneth Williamson
K&C RV, Inc.
14504 1-25 Frontage Road
Longmont, CO 80504
Subject: Site Plan Review (SPR-315)
K & C RV, Inc. Vehicle Sales Yard
Lot 12, Block 2 Rademacher Business Park PUD
Collateral for K & C RV, Inc.
Dear Messrs. Canny and Williamson:
The Weld County Department of Planning Services attempted to contact the office of John Canny,
Attorney for K&C RV, Inc. late last week to notify him, as representative to Mr. Kenneth Williamson,
of the County's intent to ask for additional monies pertaining to Collateral for Landscaping
Improvements for the above referenced property. This office was unable to speak to Mr. Canny,
and as such left a voice mail message. As Staff had not heard from Mr. Canny, staff sent via
facsimile a copy of a memorandum dated February 5, 2001 outlining by line item the improvements
that additional collateral was being requested. In the accompanying correspondence, staff asked
the applicant to contact this office.
The Department of Planning Services spoke with Mr. Shultz and later Mr. Williamson of K&C RV,
Inc. concerning the facsimile of February 5, 2001 at 9:10 a.m. on February 5, 2001. Mr.
Williamson stated he had concerns as to why additional monies were being requested, given that
the Lot 12, Block 2 of Rademacher Business Park was a part of an approved PUD. Mr. Ogle
attempted to explain why additional monies were requested. Further, Mr. Ogle noted that the line
item improvements were part of a signed improvements agreement totaling $271, 565.00 dollars
and that on the advice of legal counsel, the County had agreed to not hold monies against the
following list of improvements, as these items are directly associated with conducting business at
this location. This list includes:
Improvements Unit Cost Estimated Construction Cost
Site Grading $2,000.00 LS $ 2000.00
Site Base 8.00 Ton 81900.00
Site Paving 26.00 Ton 92950.00
Curbs, Culverts and Gutters 25.00 LF 5000.00
Site Lighting 2,500.00 ea pole 35000.00
Fencing Requirements 15.00 LF 30000.00
Engineering and Supervision 14000.00
Total improvements by line item that Weld County will not hold monies against is two hundred sixty-
thousand eight hundred fifty dollars even ($260,850.00).
The Weld County Attorney's office approved the form of an Irrevocable Letter of Credit, January
26, 2000 for Ken Williamson, d.b.a. King's Court Properties, LLLP for the construction of an
outdoor Recreational Vehicle Sales facility, case number SPR-315, in the amount of ten thousand
dollars and no/100s ($10,000.00.) The item covered under this Letter of Credit is for Landscape
treatment only.
Items not covered under the improvements associated with conducting business include the
following improvements:
Storm Sewer Facilities $2,500.00 LS $ 2500.00
Retention Pond 1,500.00 LS 1500.00
Water Mains - Includes Bore 12.00 LF 4200.00
Fire Hydrants 2,500.00 ea 5000.00
Grass Lined Swale 3.00 LF 1515.00
Total improvements by line item that Weld County will hold monies against in addition to the
Irrevocable Letter of Credit previously submitted for Landscape treatment is fourteen thousand
seven hundred fifteen dollars ($14,715.00).
In the February 5, 2001 telephone conversation with Mr. Williamson, other terms for posting
collateral for improvements was briefly touched upon. Per the Weld County Code, there are five
(5) types of collateral that are acceptable to the County and are identified as:
1. An irrevocable Letter of Credit from a federal or state licensed financial institution on a form
supplied by the County.
2. Trust deed upon all or some of the proposed development or other property acceptable to
the Board.
3. Escrow agreement.
4. A surety bond given by a corporate surety authorized to do business in the State in an
amount equivalent to one hundred percent (100%) of the value of the improvements as
specified in the Improvements Agreement.
5. A cash deposit made with the Board equivalent to one hundred percent(100%)of the value
of the improvements.
A detailed list of available forms of Collateral may be found in Section 2-3-30 of the Weld County
Code.
Given that Mr. Williamson stated he was not willing to post additional collateral for improvements,
staff notes that Mr. Williamson or his representative may proceed to the Board of County
Commissioners and present their case for not posting the additional monies requested by the
Departments of Public Works and Planning Services.
In review, the Departments of Public Works and Planning Services are requesting twenty-four
thousand seven hundred fifteen and no/100s dollars ($24,715.00) to be posted for collateral to
address the on-site improvements associated with this development. The Weld County Clerk to
the Board has in hand an Irrevocable Letter of Credit for ten thousand dollars($10,000.00)to cover
the improvements associated with on-site Landscape treatment only. Therefore staff is requesting
an additional sum of fourteen thousand seven hundred fifteen and no/100s dollars ($14,715.00)
be posted to cover the improvements previously outlined.
The Department of Planning Services requests that the applicant's representative,or the applicant,
contact this office to advise staff as to how to proceed regarding the above referenced case, Site
Plan Review(SPR-315). As always,the Weld County Attorney's office and the Weld County Board
of County Commissioners are able to provide assistance if required.
If you need any further information, please feel free to contact me at the above address,telephone
number or e-mail address.
Sincerely,
Kim Ogle
Planner II
enclosures: Photocopy of Improvements Agreement dated 8-2-2000
pc: L. Morrison,Asst. County Attorney
M Mika, Director of Planning
D Carroll, Public Works
E Gesick,Asst. Clerk to the Board
File: SPR 315
ftr, MEMORANDUM
Wine. To: Board of County Commissioners Date: February 5, 2001
COLORADO From: Kim Ogle, Planner II ,
Subject: Ken Williamson, d.b.a. King's Court Properties, LLLP
Acceptance of Irrevocable Letter of Credit
Site Plan Review 315
The Weld County Attorney's office approved the form of an Irrevocable Letter of Credit, January
26, 2000 for Ken Williamson, d.b.a. King's Court Properties, LLLP for the construction of an
outdoor Recreational Vehicle Sales facility, case number SPR-315, in the amount of ten thousand
dollars and no/100s ($10,000.00.) The item covered under this letter of credit is for landscaping
only.
The Department of Planning Services', has determined that the amount of the agreement will be
sufficient to complete the work required for plant material installation for the outdoor Recreational
Vehicle Sales facility, however, the Department of Planning Services requests additional monies
be held for the following items:
Unit Cost Total Cost of Improvement
Grass-lined Swale 3./ L.F. 1,515.00
Additional monies required $ 1,515.00
The Department of Public Works has reviewed the Improvements Agreement according policies
regarding collateral for Improvements(Private Road Maintenance)and the estimated cost appears
to be inadequate for the transportation portion, including drainage and utility improvements. The
Department of Public Works requests additional monies be held for the following items:
Storm Sewer Facilities 2,500./ L.S. 2,500.00
Retention Ponds 1,500./ L.S. 1,500.00
Water Mains 12./ L.F. 4,200.00
Fire Hydrants 2,500. each 5,000.00
Additional monies required $13,200.00
The Department of Public Works in consultation with the Weld County Attorney's Office agrees that
monies should not be held for the following items, as their argument(Ken Williamson, d.b.a. King's
Court Properties, LLLP) is that this project is for private consideration and the paving, including
lighting, fencing and curbs, gutters and culverts is an integral part of the development of the sales
facility.
Additional monies required to complete the on-site improvements $14,715.00 dollars
SERVICE,TEAMWORK,INTEGRITY,QUALITY
?OOi-0373
-174/95Y
The Department of Planning Services recommends acceptance or the Letter of Credit for
landscape improvements only. On the advice of the Weld County Attorney's office, the
Departments of Planning Services and Public Works requests the additional monies of fourteen
thousand seven hundred and fifteen dollars and no/100s ($14,715.00) be submitted to cover the
costs not previously covered in the Landscape portion of the Improvements Agreement.
Further, the Department of Planning Services will forward a new Improvements Agreement to the
applicant to be filled out in entirety as new Board of County Commissioners were in office in
January 2001.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
NortheinnCG roue [
Northern California /■�('
525 Market Street, 25th Floor WELLS FABOO BANK 'Y
San Francisco, CA 94705
NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION
ROANOKE BUILDING, FIFTH FLOOR,
109 SOUTH 7TH STREET
MINNEAPOLIS, MN 55402
TELEX NUMBER 6734665 SWIFT ADDRESS : NWNBUS44
TELEPHONE 1-800-553-3769
MARCH 10 , 2000
THIS COPY IS A 2ND ORIGINAL OF
TO BENEFICIARY: THE LETTER OF CREDIT NO. S407521
WELD COUNTY COMMISSIONERS WHICH WAS ISSUED BY NORWEST BANK
915 10TH ST MINNESOTA, NATIONAL ASSOCIATION
GREELY, CO 80631 DATED MARCH 10 , 2000 .
WELLS FARGO BANK REF : NVS373146
ATTN: ASST. COUNTY ATTORNEY
LEE MORRISON
ACCOUNT PARTY:
KINGS COURT PROPERTIES, LLLP
14504 1-25 FRONTAGE RD
LONGMONT, CO 80504
WE OPEN IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER S407521 IN
THE AMOUNT OF 10, 000 . 00 USD ( TEN THOUSAND AND 00/100 U. S .
DOLLARS)
IN FAVOR OF YOURSELVES
EXPIRES MARCH 15, 2001 AT OUR COUNTERS
AVAILABLE AGAINST DRAFTS DRAWN AT SIGHT ON NORWEST BANK
MINNESOTA N.A. MINNEAPOLIS, MINNESOTA, BEARING THE CLAUSE :
"DRAWN UNDER STANDBY LETTER OF CREDIT NUMBER S407521 OF NORWEST
BANK MINNESOTA N.A. " ACCOMPANIED BY THE FOLLOWING DOCUMENT (S) :
1 . BENEFICIARY'S SIGNED STATEMENT READING: "WE ARE DRAWING
AGAINST STANDBY LETTER OF CREDIT NUMBER S407521 AS FUNDS ARE
REQUIRED TO FULFILL LANDSCAPING AGREEMENT. "
PAYMENT WILL BE MADE AT THE COUNTERS OF NORWEST BANK MINNESOTA,
NATIONAL ASSOCIATION.
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR
DOCUMENTARY CREDITS (1993 REVISION) INTERNATIONAL CHAMBER OF
COMMERCE PUBLICATION NO. 500 .
UNLESS OTHERWISE STATED, ALL DOCUMENTS ARE TO BE FORWARDED TO
*** CONTINUED ON NEXT PAGE ***
Dri ginol
/
Operations Group1441440
+-.^,•. .._..
Northern California
525 Franc. Street, 25th Floor WELLS FARGO BANK
San Francisco, CA 94105 iORIGINAL
I
OUR REF . NO. S407521 PAGE 2
US BY OVERNIGHT COURIER OR HAND DELIVERED TO OUR COUNTERS AT:
NORWEST BANK MINNESOTA, N.A. ROANOKE BUILDING, FIFTH FLOOR, 109
SOUTH 7TH STREET, MINNEAPOLIS, MN 55402 ATTN: INTERNATIONAL
PRODUCT SERVICES, LETTERS OF CREDIT DEPT.
CANCELLATION OF LETTER OF CREDIT PRIOR TO EXPIRATION: THIS
LETTER OF CREDIT (AND AMENDMENTS, IF ANY) MUST BE RETURNED TO
US FOR CANCELLATION WITH A STATEMENT PURPORTEDLY SIGNED BY THE
BENEFICIARY STATING THAT THE LETTER OF CREDIT IS NO LONGER
REQUIRED AND IS BEING RETURNED TO THE ISSUING BANK FOR
CANCELLATION.
WE HEREBY ENGAGE WITH BENEFICIARY THAT DOCUMENTS DRAWN
IN ACCORDANCE WITH THIS LETTER OF CREDIT WILL BE DULY
HONORED UPON PRESENTATION.
f-liiB K MI ESOTA, TIONAL ASSOCIATION
L4Ld2k> t ti 1-� ,-QC_ ___
AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE
WELLS FARGO BANK, N.A.
I N.
J4;elicTigin
AUTH I SIGNATURE
BATED: . JANUARY 19, 2001
Original
LANDSCAPING IMPROVEMENTS AGREEMENT
ACCORDING POLICY REGARDING COLLATERAL
FOR LANDSCAPING IMPROVEMENTS
THIS AGREEMENT,made and entered into this 5th day of. Feb. , 2001 , by and between
the County of Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter called
"County,"and Kings Court Properties,LLLP,a Colorado Limited Liability Limited Partnership,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 12, Block 2 of the Amended Plat of Rademacher Business Park Final P.U.D. Being a
Replat of Rademacher Business Park P.U.D., located in the Northwest Quarter of Section
23, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado
WHEREAS, a final subdivision/PUD plat of said property, to be known as Site Plan Review No.
has been submitted to the County for approval; and
WHEREAS, of the Weld County Subdivision Ordinance provides that no final plat
shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement
guaranteeing the construction of the landscaping improvements shown on plans, plats and supporting
documents of the subdivision,which landscaping 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 landscaping improvements listed on
Exhibit "A" which is attached hereto and made a part hereof by this 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 landscaping 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.
2.0 Rights-of-Way and Easements: Before commencing the construction of any landscaping
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 landscaping
improvements.
200'1-0a7 3
3.0 Construction: Applicant shall furnish and install, at its own expense, the subdivision landscaping
improvements listed on Exhibit "A" which is attached hereto and made a part hereof by this
reference, according to the construction schedule set out in Exhibit "B" also attached hereto and
made a part hereof by this 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 landscaping improvements.
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 Said subdivision landscaping 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.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all
liability, loss and damage the 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
landscaping 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 the 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 landscaping 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 General Requirements for Collateral:
5.1 The value of all collateral submitted to Weld County must be equivalent to 100% of the
value of the landscaping improvements as shown in this Agreement. Prior to Final Plat
approval, the Applicant shall indicate which of the types of preferred collateral is to be
utilized to secure the landscaping 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
2
regulations. The landscaping improvements shall be completed within one(1)year after the
Final Plat approval (not one year after acceptable collateral is submitted), unless the
Applicant requests that this Agreement be renewed at least thirty (30) days prior to its
expiration and further provides that cost estimates for the remaining landscaping
improvements are updated and collateral is provided in the amount of 100%of the value of
the landscaping improvements remaining to be completed. If the landscaping 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 landscaping improvements are made.
5.2 The Applicant intends to develop in accordance with Exhibits"A"and"B".
6.0 Landscaping Improvements Guarantee: The types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
6.1 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:
6.1.1 The Letter of Credit shall be in an amount equivalent of 100%of the total value of
the landscaping improvements as set forth in Exhibits"A"and "B".
6.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the
developer has not performed the obligations specified in the Landscaping
Improvements Agreement and the issuer has been notified of such default.
6.1.3 Applicant may draw from the Letter of Credit in accordance with the provisions of
this policy.
6.1.4 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 100% of the
estimated costs of completing the uncompleted portions of the required landscaping
improvements, based on inspections of the development by the issuer. In no case
shall disbursement for a general landscaping improvement item exceed the cost
estimate in the Landscaping Improvements Agreement. The issuer of the Letter of
Credit will sign the Landscaping Improvements Agreement acknowledging the
Agreement and its cost estimates.
6.1.5 The Letter of Credit shall specify that 15% of the total Letter of Credit amount
cannot be drawn upon and will remain available to Weld County until released by
Weld County.
6.1.6 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 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.
3
6.2 An Escrow Agreement that provides at least the following:
6.2.1 The cash in escrow is at least equal to 100% of the amount specified in the
Landscaping Improvements Agreement.
6.2.2 The escrow agent guarantees that the escrowed funds will be used for landscaping
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 Board.
6.2.3 The escrow agent will be a Federal or State licensed bank or financial institution.
6.2.4 If the County of Weld County determines there is a default of the Landscaping
Improvements Agreement, the escrow agent, upon request by the County, shall
release any remaining escrowed funds to the County.
6.3 A cash deposit made with the County equivalent to 100%of the value of the landscaping
improvements.
7.0 Request for Release of Collateral:Prior to release of collateral for the entire project or for a portion
of the project by Weld County,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:
7.1 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.
7.2 "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.
7.3 The Statements of Substantial Compliance must be accompanied,if appropriate,by a letter
of acceptance of maintenance and responsibility by the appropriate owner's association.
7.4 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.
7.5 The requirements in 6.0 through 6.4 shall be noted on the final construction plans.
7.6 Following the submittal of the Statement of Substantial Compliance and recommendation
of approval of the landscaping by the County,Applicant 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.
7.7 The request for release of collateral shall be accompanied by"Warranty Collateral" in the
amount of 15%of the value of the landscaping improvements as shown in this Agreement
4
excluding landscaping improvements fully accepted for maintenance by the responsible
owner's association.
7.8 The Warranty Collateral shall be released to Applicant upon final approval by the Board of
County Commissioners.
8.0 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 Landscaping Improvements
Agreement to be executed on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
?,,P U
M. J. Geile4 air (02/05/2001)
Glenn Vaad,--'GFia-i'r Pro-Tem
ATTEST: iat, Las -L 7-44 4., - '
Weld County Clerk to the 'ar Wi 'am H. Jerke
A61t S1��� l:
Deputy Clerk to the 4 David Long
as r►�
Robert D. Masden
,
APPROVED AS TO FORM:
unty Attorney ;
J
APPLICANT: Kings Court Properties, LLLP
.
•
BY
enneth . Williamson, General Partner
Subscribed and sworn to before me thisA 5 day of -e_U-L_UU-1 ,^ , DO
My commission expires: I.D - - .LTD I . A \
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ppY PUe"`"Ct',it, ublic
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EXHIBIT"A"
Name of Subdivision: Amended Plat of Rademacher Business Park Final P.U.D.
Filing:
Location: Lot 12, Block 2;N.W. 1/4 Sec. 23,T. 3N., R. 68W. Weld County, CO
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
subdivision and as shown on the subdivision Final Plat dated , ,recorded on
, in Book , Page No. , Reception No.
,the following landscaping improvements:
Estimated
Improvements Unit Cost Construction Cost
Grading, Site $2,000 LS $ 2,000.00
•
Base, Site $ 8 TON 81,900.00
Paving, Site $ 26 TON 92,950.00
Curbs, gutters, &culverts $ 25 LF 5,000.00
Storm sewer facilities $2,500 LS 2,500.00
Retention ponds $1,500 LS 1,500.00
Water mains-Includes Bore $ 12 LF 4,200.00
Fire hydrants $2,500 EA 5,000.00
Lighting, Site $2,500 EA Pole 35,000.00
Fencing requirements $ 15 LF 30,000.00
Landscaping $10,000 LS 10,000.00
Grass Lined Swale $ 3 LF 1,515.00
SUB-TOTAL $ 271,565.00
6
Engineering and Supervision Costs: $14,000.00
(testing inspection,as-built plans and work in addition to preliminary and Final Plat; supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF
LANDSCAPING IMPROVEMENTS AND SUPERVISION: $285,565.00
The above landscaping 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 landscaping improvements shall be completed according to the construction schedule set out in Exhibit
"B".
APPLICANT: Kings Court Properties, LLLP
BY: Date: 5- , 2000
enneth A. illiamson,General Partner
EXHIBIT"B"
Name of Subdivision: Amended Plat of Rademacher Business Park Final P.U.D.
Filing:
Location: Lot 12, Block 2;N.W. 1/4 Sec.23, T. 3N., R. 68W. Weld County, CO
Intending to be legally bound, the undersigned Applicant hereby agrees to construct the landscaping
improvements shown on the subdivision Final Plat of
Subdivision, dated , , Recorded on , in Book
,Page No. ,Reception No. -,according to the following schedule:
All landscaping improvements shall be completed within years from the date of approval of
the Final Plat.
Construction of the landscaping improvements listed in Exhibit"A"shall be completed as follows:
Improvements Time for Completion
Grading, Site March 15, 2000
Base, Site Mav 25,2000
Paving, Site June 10, 2000
Curbs, gutters,& culverts April 1, 2000
Storm sewer facilities April 1,2000
Retention ponds March 15, 2000
Water mains-Includes Bore March.25, 2000
Fire hydrants March 25, 2000
Lighting, Site April 25, 2000
Fencing requirements June 1,2000
Landscaping June 15, 2000
Grass Lined Swale
The County,at its option,and upon the request by Applicant,may grant an extension of time for completion
for any particular landscaping improvements shown above, upon a showing by Applicant that the above
schedule cannot be met.
APPLICANT: Kings Court Pr perties, LLLP
BY Date: o2 —01 `J' , 2000
enneth A. Williamson, General Partner
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