HomeMy WebLinkAbout20011172.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) AND
ACCEPT FORM OF COLLATERAL FOR SITE PLAN REVIEW, SPR#342 - BEACON
BUILDERS, C/O JON COOK
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 March 19, 2001, the Department of Planning Services staff did approve
a Site Plan Review, SPR#342, for Beacon Builders, do Jon Cook, P.O. Box 296, Hygiene,
Colorado 80533, for an Office/Warehouse/Storage Facility on the following described real
estate, to-wit:
Lot 4, Block 1, Vista Commercial Center, Filing 1;
being part of the S1/2 of Section 8, Township 2
North, Range 68 West of 6th P.M., Weld County,
Colorado
WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented
with an Improvements Agreement According to Policy Regarding Collateral for Improvements
(Private Road Maintenance) between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, and Beacon Builders, do Jon Cook, with
terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Cashier's Check #5024321862 from
Community First National Bank, 1610 Hover Road, Longmont, Colorado 80501, in the amount
of$83,051.00, and
WHEREAS, a letter from Compass Bank, dated April 26, 2001, has been received
indicating Jon Cook has been approved for a Letter of Credit in the amount of$83,051.00,
which will be presented to the County on or before May 9, 2001, and
WHEREAS, upon receipt of the Letter of Credit, Cashier's Check#5024321862 from
Community First National Bank, 1610 Hover Road, Longmont, Colorado 80501, in the amount
of$83,051.00, will be released and returned to the appropriate issuing party, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Cashier's Check as stated above, copies of which are attached hereto and
incorporated herein by reference, and
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 Beacon
Builders, do Jon Cook, be, and hereby is, approved.
2001-1172
C P' ' P `/ jg PL1513
IMPROVEMENTS AGREEMENT - BEACON BUILDERS, C/O JON COOK
PAGE 2
BE IT FURTHER RESOLVED that Cashier's Check 5024321862 from Community First
National Bank, 1610 Hover Road, Longmont, Colorado 80501, in the amount of$83,051.00, be
and hereby is, accepted.
BE IT FURTHER RESOLVED that upon receipt of a Letter of Credit, in the amount of
$83,051.00, from Compass Bank, Cashier's Check#5024321862 from Community First
National Bank, 1610 Hover Road, Longmont, Colorado 80501, in the amount of $83,051.00, will
be released and returned to the appropriate issuing party.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of May, A.D., 2001.
BOARD OF UNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST: 4b"ak /F.�.�� 1(4'
Aa M. J. ei e, hair
Weld County Clerk tot P:o ,r; �
iso
iSZP���// Glenn Vaa em
BY: G. ��. !�.�r,.. = ►r �I
Deputy Clerk to the
Wil • H. Je ke
A PRO D M:
av' . Long
unty tt ney
Robert D. Masden
2001-1172
PL1513
055 •
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this 2nd day of May ,2001 ,by and
between the County of Weld, State of Colorado, acting through its Board of County Commissioners,
hereinafter called "County," and T;n Ccnk mac. ccn l.Jw..:.1 Ati 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:
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WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be
known as i"1 \1 V t stn.. U tt w Z r C Ca c e FF S p{13t1ks een submitted to the
County for approval, and
WHEREAS,relevant Weld County Ordinances provide that no Subdivision Final Plat,Planned Unit
Development Final Plat, or Site Plan shall be approved by the County until the Applicant has submitted a
Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on
plans, plats and supporting documents of the Subdivision Final Plat, Planned Unit Development Final Plat,
or Site Plan,which improvements,along with a time schedule for completion,are listed in Exhibits "A"and
"B" of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and
approval of said Final Plat, the parties hereto promise,covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services
in connection with the design and construction of the Subdivision or Planned Unit
Development improvements listed on Exhibit"A,"which is attached hereto and incorporated
• herein by reference.
1.1 The required engineering services shall be performed by a Professional Engineer
and Land Surveyor registered in the State of Colorado, and shall conform to the
standards and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs,plans and profiles,estimates,construction supervision,and the submission
of necessary documents to the County.
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1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision
or Planned Unit Development to the County for approval prior to the letting of any
construction contract. Applicant shall furnish one set of reproducible "as-built"
drawings and a final statement of construction cost to the County.
2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements
herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights-
of-way and easements on all lands and facilities traversed by the proposed improvements.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or
Planned Unit Development improvements listed on Exhibit"A," which is attached hereto
and incorporated herein by reference, according to the construction schedule set out in
Exhibit"B" which is also attached hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a Subdivision or Planned Unit Development is proposed
within three miles of an incorporated community located in Weld County or located
in any adjacent county,the Applicant shall be required to install improvements in
accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards at the time the
Subdivision or Planned Unit Development is proposed, the requirements and
standards of the County shall be adhered to. If both the incorporated community
and the County have requirements and standards,those requirements and standards
that are more restrictive shall apply.
3.2 Applicant shall employ,at its own expense,a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and
inspect, or to require testing and inspection of material and work at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems, water, gas, electric and telephone
services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed,
according to the terms of this Agreement, within the construction schedule
appearing in Exhibit"B." The Board of County Commissioners,at its option,may
grant an extension of the time of completion shown on Exhibit"B"upon application
by the Applicant subject to the terms of Section 6 herein.
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4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits,actions or claims of
every nature and description caused by, arising from, or on account of said design and
construction of improvements,and pay any and all judgments rendered against the County
on account of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by County in defending such suit, action or claim whether the
liability, loss or damage is caused by, or arises out of the negligence of the County or its
officers, agents, employees, or otherwise except for the liability, loss, or damage arising
from the intentional torts or the gross negligence of the County or its employees while acting
within the scope of their employment. All contractors and other employees engaged in
construction of the improvements shall maintain adequate worker's compensation insurance
and public liability insurance coverage,and shall operate in strict accordance with the laws
and regulations of the State of Colorado governing occupational safety and health.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the
Applicant, streets within a Subdivision or Planned Unit Development may be approved by
the County as public roads and will be maintained and repaired by a Homeowners
Association or, in its absence, the owners of lots within the Subdivision or Planned Unit
Development.
6.1 If desired by the County,portions of street improvements may be placed in service
when completed according to the schedule shown on Exhibit"B,"but such use and
operation shall not constitute an approval of said portions.
6.2 County may,at its option, issue building permits for construction on lots for which
street improvements detailed herein have been started but not completed as shown
on Exhibit "B," and may continue to issue building permits so long as the progress
of work on the Subdivision or Planned Unit Development improvements in that
phase of the development is satisfactory to the County; and all terms of this
Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit
Development and the filing of a Statement of Substantial Compliance, the
applicant(s)may request in writing that the County Engineer inspect its streets and
recommend that the Board of County Commissioners partially approve them. Not
sooner than nine months after partial approval, the County Engineer shall, upon
request by the applicant, inspect the subject streets, and notify the applicant(s) of
any deficiencies. The County Engineer shall reinspect the streets after notification
from the applicant(s) that any deficiencies have been corrected. If the County
Engineer finds that the streets are constructed according to County standards,he or
she shall recommend full approval. Upon a receipt of a positive unqualified
recommendation from the County Engineer for approval of streets within the
development,the Board of County Commissioners shall fully approve said streets
as public but with private pay.
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7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One-
Hundred percent (100%) of the value of the improvements as shown in this
Agreement. Prior to Final Plat approval,the applicant shall indicate which of the
five types of collateral preferred to be utilized to secure the improvements subject
to final approval by the Board of County Commissioners and the execution of this
Agreement. Acceptable collateral shall be submitted and the plat recorded within
six (6) months of the Final Plat approval. If acceptable collateral has not been
submitted within six (6) months then the Final Plat approval and all preliminary
approvals shall automatically expire. Applicant may request that the County extend
the Final Plat approval provided the cost estimates are updated and the development
plans are revised to comply with all current County standards, policies and
regulations. The improvements shall be completed within one (1) year after the
Final Plat approval(not one year after acceptable collateral is submitted) unless
the applicant(s) requests that this Agreement be renewed at least thirty (30) days
prior to its expiration and further provides that cost estimates for the remaining
improvements are updated and collateral is provided in the amount of One-
Hundred percent (100%) of the value of the improvements remaining to be
completed. If improvements are not completed and the agreement not renewed
within these time frames,the County,at its discretion, may make demand on all or
a portion of the collateral and take steps to see that the improvements are made.
7.2 The applicant may choose to provide for a phased development by means of
designating filings of a Planned Unit Development Final Plat or Subdivision Final
Plat. The applicant would need only to provide collateral for the improvements in
each filing as approved. The County will place restrictions on those portions of the
property that are not covered by collateral which will prohibit the conveyance of the
property or the issuance of building permits until collateral is provided or until
improvements are in place and approved pursuant to the requirements for a Request
for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits "A" and "B."
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution
on a form approved by Weld County. The Letter of Credit shall state at least the
following:
8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred
percent (100%) of the total value of the improvements as set forth in
Section 6.0 and Exhibits "A" and "B."
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld
County if the developer has not performed the obligations specified in the
Improvements Agreement and the issuer has been notified of such default.
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8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the
unreleased portion of the Letter of Credit shall be equal to a minimum of
One-Hundred percent (100%) of the estimated costs of completing the
uncompleted portions of the required improvements,based on inspections
of the development by the issuer. In no case shall disbursement for a
general improvement item exceed the cost estimate in the Improvements
Agreement(i.e., streets, sewers, water mains and landscaping, etc.). The
issuer of the Letter of Credit will sign the Improvements Agreement
acknowledging the agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total
Letter of Credit amount cannot be drawn upon and will remain available to
Weld County until released by Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
Letter of Credit shall be either the date of release by Weld County of the
final fifteen percent (15%), or one year from the date of Final Plat
approval, whichever occurs first. Said letter shall stipulate that, in any
event,the Letter of Credit shall remain in full force and effect until after the
Board has received sixty (60) days written notice from the issuer of the
Letter of Credit of the pending expiration. Said notice shall be sent by
certified mail to the Clerk to the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property
acceptable to the Board of County Commissioners provided that the following are
submitted:
8.2.1 In the event property within the proposed development is used as collateral,
an appraisal is required of the property in the proposed development by a
disinterested Member of the American Institute of Real Estate Appraisers
(M.A.I.)indicating that the value of the property encumbered in its current
degree of development is sufficient to cover One-Hundred percent(100%)
of the cost of the improvements as set forth in the Improvements
Agreement plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been
accepted as collateral by Weld County,then an appraisal is required of the
property by a Member of the Institute of Real Estate Appraisers(M.A.I.)
indicating that the value of the property encumbered in its current state of
development is sufficient to cover One-Hundred percent(100%)of the cost
of the improvements as set forth in the Improvements Agreement plus all
costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
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8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the
amount specified in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for
improvements as specified in the agreement and for no other purpose and
will not release any portion of such funds without prior approval of the
Weld County Board of Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank or financial
institution.
8.3.4 If Weld County determines there is a default of the Improvements
Agreement,the escrow agent,upon request by the County,shall release any
remaining escrowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of
Colorado in an amount equivalent to One-Hundred percent(100%)of the value of
the improvements as specified in the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)
of the value of the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for
a portion of the project by Weld County, the Applicant must present a Statement of
Substantial Compliance from an Engineer registered in Colorado that the projector a portion
of the project has been completed in substantial compliance with approved plans and
specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during the
course of construction and the construction plans utilized are the same as those
approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation Schedule for minimum materials sampling, testing
and inspections found in the Colorado Department of Transportation (CDOT)
Materials Manual.
9.3 "As built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project "as-built" is in
substantial compliance with the plans and specifications as approved, or that any
material deviations have received prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by
a letter of acceptance of maintenance and responsibility by the appropriate utility
company, special district or town for any utilities.
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9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall
indicate if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction
plans.
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of approval of the streets by the County, the applicant(s) may
request release of the collateral for the project or portion of the project by the
Board. This action will be taken at a regularly scheduled public meeting of the
Board.
9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"
in the amount of fifteen percent(15%)of the value of the improvements as shown
in this Agreement excluding improvements fully accepted for maintenance by the
responsible governmental entity, special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon final approval by the
Board of County Commissioners.
10.0 Public Sites and Oven 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 the Weld County Subdivision
Ordinance,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 the Weld County Subdivision Ordinance. 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.
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• IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written. //J /J
APPLICANT:G. k � �, `wcy7 2f. 40
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40
geap c APPLICANT:
A ClTITLE: , p,,,.
OF CO4 yr
Subscribed and sworn �� math,' /f day of (At/u 0 , 20O I •MialliMy Commission expires: Q
� P� A .
11-29 -.2aoZ
BOARD OF COUNTY COMMISSIONERS
WELD CO , COLORADO
M . Geile Chair (05/02/2001)
Jinja/ r em
ATTEST: J 0410.14 117-iliCk-t !
�'_f ,�4`;`. . '1 'am H. Jer
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Weld County Clerk to the .i 4sticil op,
D v' on
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BY: ,t tat.. -.i::�W l
Deputy Clerk to the BoarTc( / \ \�, Robert D. Masden
APPROVED AS TO FORM:
ounty Attorney
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EXHIBIT "A"
Name of Subdivision or Planned Unit Development: Vi S tA� I_
(can JP/2GA Cep,
cif
Filing: La7 /3/Da / PO .t /
Location: ) 9-Zs / 474 11:4“, #JQ fidlyPIan Lo_ 80501
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 �.I
Street grading TA4ca:o2 err p /N Si 7550.00
Street base 74,e,604.cio4. g/0 J0 45t Saco. co
Street paving S.i4es:or2 33m 1 yd4g/Z e0 .44 35 bon .n0
Curbs, gutters. 33 L and Ie/ F fen -m 101S43.00
Sidewalk 2c0 *Pre 500 _If I 2So. oA
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply and storage
Water mains(includes bore)
Fire hydrants
Survey and street monuments and boxes it SON on
Street lighting
Street name signs
Fencing requirements 7tc.Lf@ 8.3O -41 1908,AO
Landscaping Amy 4i..s+ $ /{o,onn,on
Park improvements
Road culvert
Grass lined swale 3c./. Sh /nndscA/ieq
Telephone 1
Gas
Electric
Water transfer
SUB-TOTAL:
Engineering and Supervision Costs $ 25OO oO
1
(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 $ ? 8C))_ 00
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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.
: : r 't
aid completed according to the constr ction scheduleset out in Exhibit "B."
icant (0);p , O
TA 9j_.�'
Applicant
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�e Date: 1JO%. ,20 C I I .
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(If corporation, to be signed by President and attested to by Secretary,together With corporate seal.)
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EXHIBIT "B"
Name of Subdivision �� /
or Planned Unit Development: //%4 �A [ am awefi /o4/ ( .e41s
t - / / /5r Fi/'�
Filing: /
Location: /?25— I4 JA sV<<!/ Pa L.171tr64/ Ge QQSoi
Intending to be legally bound, the undersigned Applicant /hereby agrees to provide throughout this
Subdivision or Planned Unit Development the followingimprovements.
All improvements shall be completed within G Monl�yerfrom 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 1
Site grading Jh\idt Zen I r (IA S
Street base ,.. ut\t= 2001 2-6p. 4,
Street paving w)\ Zoo 1 4 -c.Akt5
Curbs, gutters, and culverts j t C. Arai
Sidewalk Loa \ 1 AAl
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
Fire hydrants �,
Survey and street monuments and boxes ""y�,' ,1 joy I 1 —
Street lighting
Street name signs
Fencing requirements >,.1y ?on I y-4Di
Landscaping \(s1,I 7 66 1 10--ebel5
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water Transfer
SUB-TOTAL:
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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.
By9,64 AS-6_ A. • TR.•÷
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Applicant -e-OF cop
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41181
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TW W-"DOtle
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
.. •
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1 111111 11111 1111111 111 III 1111111 1111 III 111111 III III I
Revised 03/00
2848055 05/11/2001 03:14P JA Suki Tsukamo o 12 M:\CTB\CTBF0RMSAPRIVATE
12 of 12 R 0.00 0 0.00 weld County CO
4Crre MEMORANDUM
WI To: Board of County Commissioners April 27, 2001
COLORADO From: Kim Ogle, Plann
Subject: Acceptance of Irrevocable Letter of Credit
On April 27, 2001, the Department of Planning Services received a Cashier's Check for Jon
Cook of Beacon Builders, for an office/warehouse storage facility located at 1725 Vista View
Drive, Lot 4, Block 1 Vista Commercial Center, case number SPR-342, in the amount of eighty-
three thousand fifty-one dollars and no/100s ($ 83051.00).
Items covered under this letter of credit include:
Street grading, Interior Lot June 2001 $ 2550.00
Street base, Interior Lot June 2001 $ 5000.00
Street paving, Interior Lot June 2001 $ 39600.00
Curbs & Gutters June 2001 $ 10593.00
Sidewalk June 2001 $ 4500.00
Survey and Street Monuments May 2001 $ 500.00
Fencing Requirements July 2001 $ 1808.00
Landscaping Requirements July 2001 $ 16000.00
Engineering and Supervision $ 2500.00
Total Estimated Cost of Improvements and supervision $ 83051.00
The applicant requests that the Cashier's Check be held for a period not to exceed ten days
such that the Irrevocable Letter of Credit may be obtained by the applicant and submitted to the
Clerk to the Board's office in exchange for this Cashier's Check.
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 an office/warehouse storage facility located at 1725 Vista View Drive, and the
Department of Planning Services recommends acceptance of this Letter.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
2001-1172
pis►3
04/24/2001 08: 12 303-551-7978 BEACON BUILDERS INC PAGE 03
•
Applied Landscape Solutions LLC.
Office 303.682-5299
Fax 303-485-7572
Travis 720-371-0526
Landscape and irrigation Commercial
Project: 1725 Vista View Drive
Date: Revised 4/23/01
(Installed)
Description Quality Unit Price Total
Grass(Hydro-seeded) Low Grow Mix 11,600 s£ .08 928.00
River Rock and Weed Barrier 1.5"Rounded rock 0 0.75 0.00
Mulch/Bark Sq. Ft. 75 0.50 37,50
Rip rap Sq. Ft. 50 1.44 72.00
Shrubs ii5 container shrubs 76 35.00 2,660.00
Irrigation System Per zone 2,110.00
Edging Steel 150 1.35 202.50
Groundcover Plants/Gorillas Hair 2.00 660.00
Topsoil and Dirt Per yard 10 25.00 250.00
Trees Evergreens 5
(All trees as per plan) Deciduous 20 8,175.00
Flagstone Construction N/A
Walkways or Patios N/A
Granite Boulders Each 2 150,00 300.00
Wood timber Walls N/A
Miscellaneous
Miscellaneous
Clean-up, Mobilization, Dump fees 350.00
And General Conditions
Total: $ 15,745.00
All changes am subject to owner and contractor change order forms
This bid assumes normal and reasonable working conditions
Applied Landscape Solutions inc.reserves the right to withdraw this bid at any time
Warranty does not include vandalism,acts et'god,or damage from other trades
04/24/2001 08: 12 303-651-7978 BEACON BUILDERS INC PAGE 04 Li
Applied Landscape Solutions LLC.
Office 303-682-5299
Fax 303-485-7572
Travis 720-371-0526
Landscape and litigation Commercial
Project: 1725 Vista View Drive
Date; Revised 4/23/01
Description Quantity Unit Price Total
Trees Planted price w/one year guarantee
Autumn Ash 2 'A" 3 350.00 1,050.00
Green Ash 2 Yz" 4 300.00 1,200.00
Pinion Pine 6' 1 250.00 250,00
Austrian Pine 6' 5 250.00 1,250.00
Colorado Spruce 8' 1 300.00 300.00
Sugar Maple 2 '/z" 1 300.00 300.00
Red Maple 2 ''A" 6 225.00 1,350.00
Radiant Crabapple 2/1/2" 2 225.00 550.00
Flowering crabapple 2 t/s" 7 275.00 1,925.00
Total Trees: $ 8,175.00
All changes are subject to owner and contractor change order forms .
This bid assumes normal and reasonable working conditions
Applied Landscape Solutions inc.reserves the right to withdraw this bid at any time
Warranty does not include vandalism,acts of god,or damage from other trades
Weld County p' Planning Dept.
JUN 4 2001 International Trade Services
(; Compass Bank P.O.Box 4444
RECEIVED Houston,Texas 713 867-2717 77210-4444
/Fax 713 867-2700
Telex 6737349
www.compasswen.com
IRREVOCABLE STANDBY LETTER OF CREDIT NO.S25155C
PLACE AND DATE OF ISSUE: DATE AND PLACE OF EXPIRY:
HOUSTON,TEXAS JUNE 01,2001 JUNE 01,2002 HOUSTON,TEXAS
APPLICANT: ADVISING BANK:
VISTA BEACON,LLC NOT APPLICABLE
12359 N.75TH
P.O.BOX 296
HYGIENE,CO 80533
•
BENEFICIARY: AMOUNT:USD83,051.00
WELD COUNTY (EIGHTY-THREE THOUSAND FIFTY-ONE
BOARD OF COUNTY COMMISSIONERS AND NO/100 U.S.DOLLARS)
1555 N. 17TH AVE.
GREELEY,CO 80631
GENTLEMEN,
WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LEI I_ER OF CREDIT IN YOUR FAVOR AVAILABLE
BY BENEFICIARY'S SIGHT DRAFT(S) DRAWN ON COMPASS BANK ACCOMPANIED BY THE ORIGINAL OF
THIS LETTER OF CREDIT AND THE FOLLOWING DOCUMENT(S):
• ORIGINAL OF BENEFICIARY'S MANUALLY SIGNED STATEMENT STATING THAT:
QUOTE
VISTA BEACON,LLC IS IN DEFAULT UNDER THE TERMS AND CONDITIONS OF THE IMPROVEMENTS
AGREEMENT DATED APRIL 10,2001,BY AND BETWEEN WELD COUNTY AND VISTA BEACON,LLC.
UNQUOTE
SPECIAL CONDITIONS:
DRAFT(S)MUST BE MARKED:"DRAWN UNDER COMPASS BANK LETTER OF CREDIT NO. S25155C."
WE HEREBY ENGAGE WITH YOU THAT ALL DRAFT(S)DRAWN UNDER AND IN COMPLIANCE WITH ALL
THE TERMS AND CONDITIONS OF THIS CREDIT WILL BE DULY HONORED IF DRAWN AND PRESENTED
FOR PAYMENT BETWEEN THE HOURS OF 8:00 A.M.AND 4:00 P.M.MONDAY THROUGH FRIDAY ON A DAY
WHEN THE INTERNATIONAL TRADE SERVICES OFFICE IS OPEN FOR BUSINESS AT 204 W. 19TH STREET,
3RD FLOOR,HOUSTON,TEXAS 77008 ON OR BEFORE THE EXPIRATION OF THIS LETTER OF CREDIT.
THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY
CREDITS(1993 REVISION)INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO.500.
4)4ATTHORIZED SIGNATURE
TLC
44C(1 .
'1
MEMORANDUM
C TO: Kim Ogle, Planner II DATE: April 20, 2001
FROM: Donald Carroll, Engineering Administrator /
COLORADO SUBJECT: SPR-342, Vista Commercial, Lot 4, Block 1
Jon Cook
Weld County Public Works has verified quantities and unit costs for the transportation portion of the
application. The only item that needs to be recalculated and verified is the sidewalk item. The applicant
is indicating 250 square feet of sidewalk Our calculations reflect 900 square feet. Please verify this line
item. Once this item has been verified, Weld County Public Works would recommend accepting the
transportation portion of the Exhibit A as being complete.
All other non-transportation items shall be verified by Planning Services.
pc: SPR-342
plan 1 SPr.wpd
Weld County Planning Dept.
•:; 2';1O1
RECEIVED
APR-27-2001 FRI 04:04 PM COMPASS BANK FAX NO. 3034855937 P. 01
v Compass Bank
April 26, 2001
Weld County Planning Department
Attn: Kim Ogle
Bob McCurdy
RE: SPR 342 for Jon Cook with Beacon Builders
FAX: (970) 304-6498
Dear Kim and Bob:
Jon has been approved for a Letter of Credit in the amount of$83,051.00 to satisfy the
requirements of the Improvements Agreement for SPR 342 located at Lot 4, Block 1,
Vista Commercial Center, This Letter of Credit will be presented to the Weld County
Planning Department on or before May 9, 2001.
If you should have any questions, please contact me at (303)485-7070.
Sincerel
Thomas H. Beckett
Vice President
THB:tsb
•
• coniniunitYFirst5024321862
22-1676
National Bank -960
i6
REMITTER 1610 Hover Road
Longmont,CO 80501 DATE APRIL 27, 2001
****** BEACON BUILDERS *******
** * 83,051.00 *****
*********** WELD COUNTY BOARD OF COMMIS,IO$ERS ********* 7
0 ORDER OF: . *
FIRST BANK V ttn1444,Rx9vf3?DNATURB LINE.ABSENCE OF THESE FEATURES WILL INDICATE A COPY.
THIS DOCUMENT HAS AN ARTIFICIAL WATERMARK PRINTED ON THE BACK,THE FRONFOE'LHB; NAS
OFFICIAL CHECK L' M
DRAWER:TRAVELERS EXPRESS COMPANY,INC. AUTHORIZED AGEN IGNATURE
PRAWEE:FIRSTAIN BANK OF M MINNESOTA.ST.PAUL MN
I:09601,676Si:00SO 43211362311'
Kim Ogle- Re: SPR 342 Page 1
From: DONALD Carroll
To: Ogle, Kim
Date: 4/26/01 11:12AM
Subject: Re: SPR 342
Yes
>>> Kim Ogle 04/26/01 06:53AM >>>
Concrete estrimate of 900 SF @ 5.00 square total 4500. for concrete work on site. is this an acceptable
number for DPW?
applicant: Jon Cook, Beacon Buildiers
04/24/2001 08: 12 303-651-7°78 BEACON BUILDERS 7NC PAGE 02
L
BEACON BUILDERS, INC.
12359 North 75`"Street Phone (303)776-9473
P O Eiox 296 Fax (303)651-7978
Hygiene, CO 80533
Weld County Planning 1-23-
Attention: Mr. Kim Ogle
Re: 1725 Vista View Drive
Dear Kim:
Beacon Vista, LLC would like to amend the line item "Sidewalk" listed on Exhibit A of
the improvements Agreement for Lot 4, Block 1, 1725 Vista View Drive.
It should read the following. 900 square feet @ $5 per square foot for a total
Of $4,500.
The new, total amount of Exhibit A should read $8,051.00
Beacon Vista, LLC
, --Ion Coo , ana
it Lei ,( � CLERK TO THE BOARD
PHONE (970)336-7215, Ext. 4225
ng
FAX: (970) 352-0242
P. O. BOX 758
C• GREELEY, COLORADO 80632
COLORADO
August 2, 2005
Compass Bank
P. O. Box 4444
Houston, Texas 77210-4444
RE: Cancellation and release of Collateral - Beacon Builders, do Jon Cook
To Whom It May Concern:
Attached hereto please find a copy of the Board of County Commissioner's Resolution approving
the cancellation and release of collateral, as referenced above. The original Letter of Credit 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: 7/2 1.767
Carol A. Hardi g,
Deputy Clerk to the Board
o)pp!- /17a-
Weld County Planning g Dept.
C Compass Bank JUN 4 2001 International Trade Services
P.O.Box 4444
Houston,Texas 77210-4444
RECEIVED 713 867-2717/Fax 713 867-2700
Telex 6737349
t www.compassweb.com
IRREVOCABLE STANDBY L T F CREDIT NO.S25155C
PLACE AND DATE OF ISSUE: ATE AND PLACE OF EXPIRY:
HOUSTON,TEXAS JUNE 01,2001 JUNE 01,2002 HOUSTON,TEXAS
APPLICANT: ` ADVISING BANK: /
VISTA BEACON,LLC NOT APPLICABLE
12359 N.75TH
P.O.BOX 296
HYGIENE,CO 80533 \\eBENEFICIARY: �n AMOUNT:IJSD83,051.00
WELD COUNTY \ (EIGHTY-THREE THOUSAND FIFTY-ONE
BOARD OF COUNTY COMMISSIONERS AND NO/100 U.S.DOLLARS)
1555 N. 17TH AVE.
GREELEY,CO 80631
GENTLEMEN,
WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LE 1 1_ER OF CREDIT IN YOUR FAVOR AVAILABLE
BY BENEFICIARY'S SIGHT DRAFT(S) DRAWN ON COMPASS BANK ACCOMPANIED BY THE ORIGINAL OF
THIS LETTER OF CREDIT AND THE FOLLOWING DOCUMENT(S):
• ORIGINAL OF BENEFICIARY'S MANUALLY SIGNED STATEMENT STATING THAT:
QUOTE
VISTA BEACON,LLC IS IN DEFAULT UNDER THE TERMS AND CONDITIONS OF THE IMPROVEMENTS
AGREEMENT DATED APRIL 10,2001,BY AND BETWEEN WELD COUNTY AND VISTA BEACON,LLC.
UNQUOTE
SPECIAL CONDITIONS:
DRAFT(S)MUST BE MARKED:"DRAWN UNDER COMPASS BANK LETTER OF CREDIT NO. S25155C."
WE HEREBY ENGAGE WITH YOU THAT ALL DRAFT(S)DRAWN UNDER AND IN COMPLIANCE WITH ALL
THE TERMS AND CONDITIONS OF THIS CREDIT WILL BE DULY HONORED IF DRAWN AND PRESENTED
FOR PAYMENT BETWEEN THE HOURS OF 8:00 A.M.AND 4:00 P.M.MONDAY THROUGH FRIDAY ON A DAY
WHEN THE INTERNATIONAL TRADE SERVICES OFFICE IS OPEN FOR BUSINESS AT 204 W. 19TH STREET,
3RD FLOOR,HOUSTON,TEXAS 77008 ON OR BEFORE THE EXPIRATION OF THIS LETTER OF CREDIT.
THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY
CREDITS(1993 REVISION)INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500.
r ' - /__ ..//
1_12 _
THORIZED SIGNATURE
TLC
C Compass International Trade Services
Bank P Bank
P.O.O.Box Box 4444
Houston,TX 77210-4444
Phone(713)499-8645
LETTER OF CREDIT NO. S25155C
DATE: FEBRUARY 11,2002
APPLICANT: BENEFICIARY:
VISTA BEACON, LLC WELD COUNTY
12359 N. 75TH BOARD OF COUNTY COMMISSIONERS
HYGIENE CO 80533 1555 N 17TH AVE.
GREELEY CO 80533
GENTLEMEN:
EFFECTIVE FEBRUARY 11,2002 DOCUMENTS MUST BE PRESENTED TO:
COMPASS BANK
INTERNATIONAL TRADE SERVICES
24 GREENWAY PLAZA,SUITE 1601
HOUSTON, TEXAS 77046
THIS NOTIFICATION IS TO BE CONSIDERED AS PART OF THE ABOVE CREDIT AND MUST BE
ATTACHED THERETO.
ALL OTHER TERMS AND CONDITIONS OF THE CREDIT REMAIN UNCHANGED.
AUTHORIZED SIGNATURE
1 zstnco.c.e..)44,
Weld County Planning Department
GREECE; 0. 717.
FEB 1 L, 2002
RECEevko
fCLERK TO THE BOARD
PHONE (970)336-7215, Ext. 4225
1 FAX: (970) 352-0242
P. O. BOX 758
C. GREELEY, COLORADO 80632
COLORADO
August 2, 2005
Beacon Builders
c/o Jon Cook
P. O. Box 296
Hygiene, Colorado 80533
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. The original Letter of Credit was
returned to Compass Bank, P. O. Box 4444, Houston, Texas 77210-4444.
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: / !'_,C2O%14
/
Carol A. Harding,
Deputy Clerk to the Board
COLLATERAL RELEASED
IN CONJUNCTION WITH
OTHER CASES
SEE #2005-2091
Hello