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Home My WebLink About20010192.tiff RESOLUTION RE: APPROVE SECOND ADDENDUM TO IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL (PUBLICALLY MAINTAINED ROADS) AND AUTHORIZE CHAIR TO SIGN - MARTIN BROTHERS, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Second Addendum to the Improvements Agreement According to Policy Regarding Collateral for Improvements (Publically Maintained Roads) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Martin Brothers, LLC, with terms and conditions being as stated in said addendum, and WHEREAS, after review, the Board deems it advisable to approve said addendum, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Second Addendum to the Improvements Agreement According to Policy Regarding Collateral for Improvements (Publically Maintained Roads) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Martin Brothers, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said addendum. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of January, A.D., 2001. BOARD OF COUNTY COMMISSIONERS ,-�` WELD CO , COLORADO ATTEST: fL / � �� 27, .G/GLIi 61 r1� 0, ." ��M. J. eile, Ch it Weld County Clerk to the � : " evv, _ �) ) �� r 1 _h BY: ,azif lenn Vaad, Deputy Clerk to the Boa 4, / � � aC, % m H.nJerke APP ED AST ORM: D vi on unty Attorney Ro ert D. Masden 2001-0192 P�, ; AZ, /a), 4p,/ SUBD BUFFALO RIDGE 9I SECOND ADDENDUM TO IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS(PUBLICALLY MAINTAINED ROADS) THIS ADDENDUM, made and entered into this 22 day of January, 2001, by and between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County, and Martin Brothers, LLC. WITNESSETH: WHEREAS, this second addendum to the Agreement dated May 22, 1997, entitled IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLICALLY MAINTAINED ROADS) shall provide as follows: Notwithstanding any other provision contained herein, the paving of the internal roads in phases 1-3 must be completed prior to the sale of lots in phase 5;the paving of the roads in phases 4, 5 and 6 shall occur prior to the sale of any lots in phase 5 and the paving of phase 7 shall occur prior to the sale of lots in phase 7. Furthermore,no sale of lots in phase 4 may occur unless the developer has deposited with the County a sum of money for collateral to assure paving equivalent to %110 of the estimated cost of paving of the internal roads in phases 1-3. The money so deposited shall remain on deposit with the Board of County Commissioners until the internal roads in phases 1-4 have been inspected and accepted for partial maintenance in accordance with the terms of this agreement and the Weld County Policy Collateral for Subdivision, Weld County Code § 2-3-30 in which case it shall be returned to the developer except that the Board of County Commissioners, at its discretion exercised in a public meeting of the Board, may use as much of those funds as is necessary after July 1, 2001 to complete the work if the paving has not been commenced or is determined to be deficient. This shall not relieve the Developer of the obligation to pay any expense in the paving which exceeds the amount on deposit. HUM 11111 31111I I111111111111111111 I I 111111 1111131111 I 11111 2823988 02/05/2001 05:06P JA Suki Tsukamoto 1 of 2 R 0.00 0 0.00 Weld County CO 1 IN WITNESS WHEREOF,the parties hereto have caused this Addendum to be executed on the day and year first above written. MARTIN BROTHERS, LLC By: CQCd/v<< £o Y�l TITLE: Y V L a.A,c n, ra, M S� i ►yvorn to before me this day of 3O,,n 2001. �,,CPapTARY•,O,,,,,: �Q . LPL n PQO L Puot3G : o: notary Public ;v' Ps` 1 en �j�k to eXP '' M ptiexpires: 8-30_200,4, COUNTY OF WELD, STATE OF COLORADO, by and through the Board of County Commissioners of Weld County ATTEST`E: _ ; . Geile, Chair (OI- 2-awl) Weld County Clerk to the I/\ \ • i i " tt c� r,BY:Deputy Clerk to the Board" APPR9- AS F Co y Attorney 2 1111111111111111111 III 11111111111111111 III 11111 IM Jill 2823988 02/05/2001 05:06P JA Suki Tsukamoto 2 of 2 R 0.00 D 0.00 Weld County CO BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST DEPARTMENT: COUNTY ATTORNEY DATE: January 5, 2001 PERSON REQUESTING: orrison, Assistant Weld County Attorney Brief description of the ro lem/issue: Background: The Martin Brothers have an agreement at this time, most recently amended in July of 2000, which precludes them from selling lots in the 4th phase of Buffalo Ridge until paving of the first three phases of the development has occurred. They are now proposing that they be allowed to sell lots in phase 4 without having yet done the paving in phase 1-3. In return, they will agree to post collateral in cash in the amount needed to pave 1-3 and to have phases 1-4 paved by July 1, 2001. The proposed language replacing the addendum of July 31, 2000 would read as follows: Notwithstanding any other provision contained herein, the paving of the internal roads in phases 1-3 must be completed prior to the sale of lots in phase 5;the paving of the roads in phases 4, 5 and 6 shall occur prior to the sale of any lots in phase 5 and the paving of phase 7 shall occur prior to the sale of lots in phase 7. Furthermore,no sale of lots in phase 4 may occur unless the developer has depo isecl. with the County a sum of money for collateral to assure paving equivalent tQi %110 5) of the estimated cost of paving of the internal roads in phases 1-3. The money so deposited shall remain on deposit with the Board of County Commissioners until the internal roads in phases 1-4 have been inspected and accepted for partial maintenance in accordance with the terms of this agreement and the Weld County Policy Collateral for Subdivision, Weld County Code § 2-3-30 in which case it shall be returned to the developer except that the Board of County Commissioners, at its discretion exercised in a public meeting of the Board, may use as much of those funds as is necessary after July 1, 2001 to complete the work if the paving has not been commenced or is determined to be deficient. This shall not relieve the Developer of the obligation to pay any expense in the paving which exceeds the amount on deposit. Recommendation to the Board: This arrangement seems satisfactory to this office and would allow the County to use the collateral if the work is not performed in a timely fashion in addition to the current remedy of preventing the sale of lots in the 5-7th filing. I would recommend placing the Amendment on the agenda to be considered for approval. 2001-0192 Initial: Place on Deny Schedule Agenda Request Work Session Mike Geile ✓ Bill Jerke Dave Long V Rob Masden N./ Glenn Vaad V M:\WPFILES\W SRMARTINBROS.WPD pc: Planning Public Works y: MARTIN BROTHERS LLC 12-94 b ma 1932 147 SO DENVER AVE. 303-857-480O FORT LUPTOAl,CO 80621 '1,.1 Date I �D _.0 23-315/1020 138 ,.,4 'payto ttie i Order of • i '_' -j '• 175,00 0 io�' 0'w-1-7-Dollars [] . - • o NATIONAL MIROCIAT10N . VECTRABAINK _� BRANCH RE001AESPONSE 88B-44B-7850(24-HOUR ACCOUNT INFORMATION) - • For i: i02003154i:t, 382i00949ii' 1932 ' i. DVFFALO RIDGE ESTATES MARTIN BROTHERS LLC . January 22, 2001 Carol A. Harding Weld County Office of Finance,Administration and Clerk to the Board 915 10th Street P.O. Box 758 Greeley, CO 80632 Dear Ms. Harding, I am enclosing the second addendum to the Buffalo Ridge Improvements agreement. I am also enclosing a check for $175,000.00. This is the amount given to me by Don Carroll on the telephone this morning. If you have any questions feel free to call me anytime. Thank you, C)11z-4.-11 Mitchell L. Martin Project Manager,Martin Bros.,LLC. 216 BETH AVE • FORT LUPTON, CO • 80621 PHONE: 303-359-2067 303-857-6770 • FAX: 303-857-6268 MARTIN BROTHERS LLC 12-94 1924 147 SO.DENVER AVE. 303-857-4800 FORT WPTON,CO 80621 i C "'I�7'(7 L23-315/1020 Date Pay to the f An Or der ofi �n 2 eie 1a-1i..-, -/Phart)tvl �Un $ jj, a`p i k ft , £f,,(la 7 • -.ELI eta.rQ d 9--LoBt4ars Erir - NATIONAL ASSOCIATION VECTRABANK FT LUPTON,CO 80821 PEON-RESPONSE 7850(28Nnun ACCOUNT INFORMATION) I: 10 20 lj St t:II 38 2 100949Ii• i9 24 P , FROM : MARTIN BROTHERS (DANA S LEYDAD PHONE NO. : 703 532 10EC Dec. 17 2000 07:53PM P2 Buffalo Ridge Estates 1C?South Dania Avonuat cud Luptcn,CO 60621 Mat Brothers, LLC December 4, 2000 •. Mr. Drew Scheitinga, P,E, Engineering Division Manager Weld County Pudic Works Department P.O.Box 758 Greeley,CO 80632 Dear Mr. Schelirga: In response to your letter to Mr. Mitchell L. Martini dated October 27, 2000, please find enclosed a check in the amount of$92,859.00 for payment in full of Developer's obligation for the paving of Weld County Road 35 from State Hwy 82 to Buffalo Ridge Estates pursuant to the terms of Agreement for Road Improvements for WCR 35 end WCR 10 dated January 29, 1997. Thank you for your cooperation in the successful completion of this part of the Buffalo Ridge Estates residential development. Sincerely, oat il4 c7- -C Clara Lee Martin. Manager Martin Brothers LLC Attachment CAROL Harding - Mitchel Martin for Pavipyon WCR 35 from H 52 to Buffalo Rid•egrmias Pam 1 From: MONA WEIDENKELLER To: Harding, CAROL Date: 12/20/00 3:28PM Subject: Mitchel Martin for Paving on WCR 35 from Hwy 52 to Buffalo Ridge Estates We received check no. 1924 on December 20, 2000 in the amount of$92,859.00 from Martin Brothers LLC. This check is reimbursement for paving on WCR 35 per the Road Improvements Agreement. The money will be deposited into 2000-90100-4410-300. CC: Hempen, FRANK Hello