HomeMy WebLinkAbout20011345.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#323, FOR A
SOIL AND PLANT RESEARCH LABORATORY - STA LABORATORIES, C/O SUN
CONSTRUCTION AND DESIGN SERVICES, INC.
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 April 21, 2000, the Department of Planning Services staff did approve a
Site Plan, SPR#323, for STA Laboratories, c/o Sun Construction and Design Services, Inc.,
1232 Boston Avenue, Longmont, Colorado 80501, for a Soil and Plant Research Laboratory on
the following described real estate, to-wit:
Lot 2, Block 1, Vista Commercial Center, Filing 1;
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 STA Laboratories, do Sun
Construction and Design Services, Inc., with terms and conditions being as stated in said
agreement, and
WHEREAS, the Board has been presented with Irrevocable Standby Letter of Credit
No. STR17444 from Bank One, N.A., 1717 Main Street, 11th Floor, Dallas, Texas 75201, in the
amount of $24,730.00, as well as an Amendment to Letter of Credit No. #STR17444, in the
amount of$53,184.00, for a total of $77,914.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said collateral 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 STA
Laboratories, c/o Sun Construction and Design Services, Inc., be, and hereby is, approved.
2001-1345
PL1521
FE Pt Ptui
IMPROVEMENTS AGREEMENT - STA LABORATORIES, CIO SUN CONSTRUCTION AND
DESIGN SERVICES, INC
PAGE 2
BE IT FURTHER RESOLVED that Irrevocable Standby Letter of Credit No. STR17444
from Bank One, N.A., 1717 Main Street, 11th Floor, Dallas, Texas 75201, in the amount of
$24,730.00, be and hereby is, accepted.
BE IT FURTHER RESOLVED that the Amendment to Irrevocable Standby Letter of
Credit No. STR17444 from Bank One, N.A., 1717 Main Street, 11th Floor, Dallas, Texas 75201,
in the amount of$53,184.00, be and hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of May, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD C TY, COLORADO
ATTEST: ia'.c4 � � ii Ezra Y /L/J✓
M. J. eile, Chair
Weld County Clerk to t
0; siSZ9� EXCUSED
ao�
BY: . Glenn Vaad, Pro-Tem
. •
.iii �.i:rl�.: �
Deputy Clerk to the Bo �� ? � '1.
Will H. Jerke
APPROD AST FOQ ek-
Davi E Long
ounty Attorney
Robert D. Masden
2001-1345
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tie 3 IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this 21st day of August , by and between
the County of Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter called
"County", and STA Laboratories, Inc. 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 2, Block 1
Vista Commercial Center, Filing 1
According to the corrected plat recorded
August 28, 1997 in Book 1623 as Reception
No. 2566006, County of Weld, State of
Colorado.
WHEREAS, a final subdivision/PUD plat of said property,
to be known
County for
as
New Office/Laboratory Facility for STA Laboratories h been
•
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 public improvements shown on plans, plats and supporting documents
of the subdivision, 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 improvements listed on
Exhibit"A" which is attached hereto and made a part of 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 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
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
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 public
improvements. Whenever a subdivision 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 is proposed, the
requirements and standards of the County shall be adhered to. If both the
incorporated community an 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 The 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 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 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 workman'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 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.
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 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 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 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.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to 100%
of the value of the improvements as shown in this Agreement. Prior to Final Plat
approval,the applicant shall indicated which of the five types of collateral prefered
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to be utilized to secure the improvements subject to final approval by the Board of
County Commissioners and the execution of this Agreement. Acceptable collateral
shall be submitted and the plat recorded within six (6) months of the Final Plat
approval. If acceptable collateral has not been submitted within six(6)months then
the Final Plat approval and all preliminary approvals shall automatically expire. An
applicant may request that the County extend the Final Plat approval provided the
cost estimates are updated and the development plans are revised to comply with all
current County standards, policies and regulations. The improvements shall 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 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 Plan or Final Plat Subdivision.
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 100%of the total
value of the improvements as set forth in Section 6.0 and exhibits "A" and
"B"
• 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld
County if the developer has not performed the obligations specified in the
Improvements Agreement and the issuer has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
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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
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 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 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
M.A.I.member of the American Institute of Real Estate Appraisers indicating that
the value of the property encumbered in its current degree of development is
sufficient to cover 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 M.A.I.
member of the Institute of Real Estate Appraisers indicating that the value of the
property encumbered in its current state of development is sufficient to cover 100%
of the cost of the improvements as set forth in the Improvements Agreement plus
all costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance
which is senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
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8.3.1 The cash in escrow is at least equal to 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 Board.
8.3.3 The escrow agent will be a Federal or State licensed bank or financial institution.
8.3.4 If the County of 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 100% of the value of the improvements as specified in the
Improvements Agreement.
8.5 A cash deposit made with the County equivalent to 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 CDOT Materials Manual.
9.3 "As built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project "as built" is in
substantial compliance with the plans and specifications as approved or that any
material deviations have received prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by
a letter of acceptance of maintenance and responsibility by the appropriate utility
company, special district or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall
indicate if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in 9.0 thru 9.5 shall be noted on the fmal construction plans.
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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 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 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 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
Regulations, 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.
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 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.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on
the day and year first above written.
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WELD PLANNING ajuua
BOARD OF COUNTY COMMISSIONERS
WELD CO , COLORADO
4
. S Gei e Chair (05/21/2001)
EXCUSED
Glenn Vaad, Chair Pro-Tem
li
�.l�i. ILA / �.a.
ATTEST: � wi`1.3al s H k
Weld County Clerk to th•� ��'d ���� � '
n
-.-7 C,Ji7 \.i'til
BY: �l �; d'
Deputy Clerk to the Boar• �` h Robert D. Masden
APPROVED AS TO FORM: 7 7' ...-----\ �A
7 Cbunty�Attorney •
APPLICANT A, 44, i
arrell A. dox
BY:. President
(title)
Subscribed and sworn to before me this I4 day of MA , 1-9_ wL
catL') Tres: j4W fltpA
My C ioq,i ex P(0ap5 Notary Public
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EXHIBIT"A"
Name of Subdivision: New Office (Laboratory Facility for STA Laboratories)
Filing: 1
Location: Lot 2, Block 1, Vista Commercial Center
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
subdivision and as shown on the subdivision final plat County dated
recorded on August 28 , 19 9/ , in Book 1623 , Page No. n/a , Reception No.
2566006 , the following improvements.
(Leave spaces blank where they do not apply)
Estimated
Improvements Unit Cost Construction Cost;
Street grading 3, 150 Sq. Yds. @ $4.68/Yd = $14,750.00
Street base 383 Tons @ $55.00/Ton = $21 ,065.00
Street paving 428 Tons @ $26.00/Ton = $11 , 128.00
Curbs, gutters. & culverts 403' @ $9.00/Ft. = $3,631 .00
Sidewalk 190' @ $5.00/Ft. = $950.00
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Sanitary sewers
Trunk &forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply& storage
Water mains-Includes Bore
Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs
Fencing requirements
Landscavine 21,050.00
Park improvements .
Road Culvert
Qras5_I•ined Swale
Telephone
Gas
Electric
Water Transfer
SUB-TOTAL 72,574.00
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j
Engineering and Supervision Costs 5,340.00
(testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 77,9'14.00
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provis' hall be determined solely by Weld County,or its duly authorized agent.
arelSmprovemepts shal be o p e ed according to the construction schedule set out in Exhibit "B".
1 rl (k) /
Darrell A. ddox President STA laboratories, Inc.
(In corporation,to be signed by President and attested to by Secretary, together with corporate seal.)
Date: Mts, "Lk r 2001
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WELD PLANNING
EXHIBIT"B"
( Name of Subdivision: New Office/Laboratory Facility for STA Laboratories
Filing: 1
Lot 2, Block 1, Vista Commercial Center
Location:
Intending to be legally bound, the undersigned Applicant hereby agrees to construct the Subdivision,
improvementsshown on the final subdivision plat of 19 9� is Book
dated , 19 97 ,Recorded on August 28
1623 , Page No. n a , Reception No. 2566006 ,the following schedule.
All improvements shall be completed within one 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.)
Time for Completion
improvements
Not later than 10/31/01
Site grading "
Street base "
Street paving "
Curbs, gutters, and culverts
Sidewalk "
Storm sewer facilities
Retention ponds N/A
Ditch improvements N/A
Subsurface drainage "
Sanitary sewers N/A
Trunk and forced lines
Mains
Laterals (house connected) N/A
On-site sewage facilities N/A
On-site water supply and storage
Water mains N/A
Fire hydrants - N/A
Survey & street monuments &boxes N/A
Street lighting N/A
Street name signs N/A
Fencing requirements
Landscaping N/A
Park improvements
Telephone "
Gas "
Electric "
Water Transfer N/A
Sub-Total
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The County, at its option, and up n the request by the Applicant, may grant an extension of time for
completion for any particular i ements shown above, upon a showing by the Applicant that the
above schedule c ot be met.ica)r.
A. Ma 11do)---74 President STA Laboratories, Inc.
11
(If corporation,to be signed by President and attested to by Secretary,�� together with corporate seal.)
Date:tt"1'�i4 9001
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KINK=ONE
BANK ONE,COLORADO, N.A.- 1717 MAIN STREET, 11TH FLOOR,DALLAS,TEXAS 75201
TELEPHONE 1-800-924-5435
AMENDMENT TO LETTER OF CREDIT NUMBER STR17444
DATE: MARCH 26,200107Q,
APPLICANT: �4,�1
STA LABORATORIES,INC. Pp
630 SO. SUNSET STREET "14 a'rr 1%
LONGMONT,CO 80501 �g
�cY fo
BENEFICIARY: �a0/ p
BOARD OF COUNTY COMMISSIONERS ite
915 10'"ST. e GREELEY,CO 80631 a
ATTN: CLERK TO THE BOARD
AMENDMENT NUMBER ONE(1)
GENTLEMEN:
PLEASE BE ADVISED THAT THE SUBJECT LETTER OF CREDIT HAS BEEN AMENDED AS FOLLOWS:
• THE AMOUNT IS HEREBY INCREASED BY USD53,184.00 TO A NEW AGGREGATE AMOUNT OF
USD77,914.00(SEVENTY SEVEN THOUSAND NINE HUNDRED FOURTEEN AND NO/100 U.S.
DOLLARS.)
THIS AMENDMENT 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.
PROVISIONS APPLICABLE TO THIS CREDIT: THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS
AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION) INTERNATIONAL CHAMBER OF
COMMERCE,PUBLICATION NO. 500(OR ANY REVISION THERETO).
BANK ONE,COLORADO,N.A.
HORIZED SI A
Catalog N 08806(1/98)
Sun Construction & Design Services, Inc .
General Contractors
TRANSMITTAL LETTER
Date: May 8,2001 weld County Planning Dept.
RE: New Office/Laboratory Facility for:
STA Laboratories Inc. 9 2C 0\
Lot 2 Block 1 Vista Commercial Center
Longmont,Colorado RECEIVED
To: Attn: Robert Anderson
Planner
Weld County Department of Planning Services
1555 North 17`h.Avenue
Greeley,CO.80631
We are Enclosing X /Faxing Items (including this page)of the following:
ITEMS:
1. Transmittal Letter.
2. Original of Improvements Agreement
INFORMATION:
For Approval Resubmit
Approved as Noted X As Requested
Approved Final For your Files
X For your Information X For review/comment
For Bid Due Sign and Return One Copy
For Payment Other
REMARKS:
Should you have any comments, questions or require further information please contact me at 303-444-4780.
Thank you.
Sun Construction & Design Services,Inc.
Geo ge . amer Project Manager
1232 Boston Avenue • Longmont, CO 80501 • (303) 772-6776 • (303) 444-4780 • FAX: (303) 444-6774
•
BgNK=ONE. ±, V
BANK ONE,COLORADO,N.A.- 1717 MAIN STREET,11TH FLOOR,DALLAS,TEXAS 75201
TELEPHONE: 1-800-924-5435
IRREVOCABLE STANDBY LETTER OF CREDIT NO.STR17444
PLACE AND DATE OF ISSUE: DATE AND PLACE OF EXPIRY:
DALLAS,TEXAS 02/15/2001 10/25/2001 IN DALLAS,TEXAS
APPLICANT: ADVISING BANK:
STA LABORATORIES,INC. NOT APPLICABLE
630 SO.SUNSET STREET
LONGMONT,CO 80501
BENEFICIARY: AMOUNT:USD24,730.00
BOARD OF COUNTY COMMISSIONERS TWENTY FOUR THOUSAND
915 10T°ST. SEVEN HUNDRED THIRTY
GREELEY,CO 80631 AND NO/100 U.S.DOLLARS
ATTN: CLERK TO THE BOARD
GENTLEMEN,
WE HEREBY OPEN OUR IRREVOCABLE LETTER OF CREDIT IN YOUR FAVOR FOR THE ACCOUNT' OF STA
LABORATORIES, INC., 630 SO. SUNSET STREET, LONGMONT, CO 80501, FOR A SUM NOT TO EXCEED THE
AGGREGATE AMOUNT OF 24,730.00(TWENTY FOUR THOUSAND SEVEN HUNDRED THIRTY AND NO/100).
EACH DRAFT SO DRAWN MUST BE MARKED "DRAWN UNDER BANK ONE, COLORADO, N.A., C/O BANK ONE,
NA, 1717 MAIN STREET, 11TH FLOOR, DALLAS, TEXAS 75201, LETTER OF CREDIT NO. STR17444" AND BE
ACCOMPANIED BY A "SIGNED STATEMENT FROM THE BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, COLORADO STATING THE STA LABORATORIES, INC. HAS COMMITTED A MATERIAL BREACH OF
THE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
REGARDING PRIVATE ROAD MAINTENANCE DATED THE 21ST DAY OF AUGUST 2000 BY AND BETWEEN STA
LABORATORIES,INC. AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD".
THIS CREDIT IS SUBJECT, SO FAR AS APPLICABLE, TO THE UNIFORM CUSTOMS AND PRACTICE FOR
DOCUMENTARY CREDITS(1993 REVISION)INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500.
WE HEREBY AGREE WITH YOU THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS
OF THIS CREDIT WILL BE DULY HONORED AND PRESENTED FOR PAYMENT TO OUR MAIN OFFICE, BANK
ONE, COLORADO, N.A., C/O BANK ONE, NA, 1717 MAIN STREET, 11TH FLOOR, DALLAS, TEXAS 75201. THIS
LETTER OF CREDIT WILL EXPIRE ON OCTOBER 25,2001 AT 5:00 P.M.
THIS LETTER OF CREDIT IS AUTOMATICALLY EXTENDED WITHOUT AMENDMENT, FOR ADDITIONAL ONE-
YEAR PERIODS FROM THE CURRENT EXPIRATION DATE OR ANY FUTURE EXPIRATION DATE UNLESS AT
LEAST 60 DAYS PRIOR TO SUCH CURRENT EXPIRATION DATE BANK ONE, COLORADO, N.A. NOTIFIES
BENEFICIARY IN WRITING THAT THE LETTER OF CREDIT WILL NOT BE RENEWED. IN THE CASE YOU
RECEIVE SUCH A NOTIFICATION, YOU MAY DRAW BY PRESENTATION OF THE FOLLOWING; (a)A DRAFT AT
SIGHT ON BANK ONE, COLORADO, N.A.; (b) A STATEMENT PURPORTEDLY SIGNED BY AN OFFICIAL OF THE
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO STATING THAT WE HAVE RECEIVED
NOTICE FROM BANK ONE, COLORADO, N.A. THE LEI LER OF CREDIT NO. STR17444 WILL NOT BE RENEWED
AND THAT STA LABORATORIES, INC. HAS FAILED TO PROVIDE PROOF OF ADEQUATE COLLATERAL AND
SUBSTITUTION OF THIS LETTER OF CREDIT NO. STRI7444;(c)COPY OF LETTER FROM BANK ONE, COLORADO,
N.A. STATING NON-RENEWAL OF LETTER OF CREDIT NO.STR17444 AND THE ORIGINAL LETTER OF CREDIT.
R IZ D SIGN/ T {AUTHO
BANK ONE,COLORY DO,N.A.
Catalog 11 08806(1/98)
Astr47,
111k. MEMORANDUM . 1 : :
COLORADO hi ! -
To: Board of County Commissioners May 3, 2001
From: Robert Anderson, Planner
Subject: Acceptance of Irrevocable Letter of Credit
On March 26, 2001, the Department of Planning Services received an Amended Irrevocable
Standby Letter of Credit No. STR17444 for STA Laboratories, for a Soil and Plant Research
Laboratory located at 1821 Vista View Drive, Lot 2, Block 1 Vista Commercial Center, case number
SPR-323, in the amount of seventy-seven thousand, nine hundred and fourteen dollars and
no/100s ($ 77,914.00).
Items covered under this letter of credit include:
Street grading, Interior Lot June 2001 $ 14,750.00
Street base, Interior Lot June 2001 $ 21,065.00
Street paving, Interior Lot June 2001 $ 11,128.00
Curbs & Gutters June 2001 $ 3,631.00
Sidewalk June 2001 $ 950.00
Landscaping/Screening Requirements August 2001 $ 21,050.00
Engineering and Supervision $ 5,340.00
Total Estimated Cost of Improvements and Supervision $ 77,914.00
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 a Soil and Plant Research Laboratory located at 1821 Vista View Drive, and the
Department of Planning Services recommends acceptance of this Letter.
SERVICE,TEAMWORK,INTEGRITY,QUALITY 2001-1345
, t‘tocIthlw
MEMORANDUM
TO: Robert Anderson, Planner I DATE: March 16, 2001
C FROM: Donald Carroll, Engineering Administrator
•
COLORADO SUBJECT: SPR-323, S.T.A. Laboratories
Sun Construction & Design Services, Inc., agent for S.T.A. Laboratories, re-submitted the Exhibit "A"
portion of the Improvements Agreement According Policy Regarding Collateral for Improvements(private
road maintenance) for Lot 2, Block 1, Vista Commercial Center.
In my memorandum dated March 1 , 2000, I requested that additional items be identified for unit costs
and quantities. These items have been identified and verified in the new submittal. The Weld County
Public Works Department accepts these unit costs and quantities for Site Plan Review 323, S.T.A.
Laboratories.
pc: SPR-323
Julie Chester, Lead Planner
Weld County Planning Dept.
planl9SPr.wpd
1 1 200
RECEIVED
iit,( 4404‘wr MEMORANDUM
WITO: Robert Anderson, Planner I DATE: March 1 , 2001 ligeL
FROM: Donald Carroll, Engineering Adrls�r�o°unfyl'lanning Dept,
COLORADO SUBJECT: SPR-323; STA Laboratories
•"are 0 ,, 2001
RECEIVED
Weld County Public Works has reviewed the Improvements Agreement According Policy Regarding
Collateral For Improvements (Private Road Maintenance) for lot 2, block 1, Vista Commercial Center.
The Exhibit A portion identifies improvements, unit costs, and estimated construction costs. The
transportation portion needs to include a grading item, a base item, an asphalt item, as well as additional
curb, gutter, sidewalk, and parking lot striping.
(Office use only) Please find attached my estimated construction costs, breakdown for the transportation
portion of the project.
Weld County Public Works is rejecting the Exhibit A portion of the Improvements Agreement. The
additional transportation items need to be included to complete this portion of the application.
pc: SPR-323
plan 17SPr.wpd
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BANK ONE,COLORADO,N.A.- 1717 MAIN STREET, 11TH FLOOR,DALLAS,TEXAS 75201 `
TELEPHONE 1-800-924-5435
AMENDMENT TO LETTER OF CREDIT NUMBER STR17444
DATE: OCTOBER 25,2001
APPLICANT:
STA LABORATORIES,INC.
630 SO.SUNSET STREET
LONGMONT,CO. 80501
BENEFICIARY:
BOARD OF COUNTY COMMISSIONERS
915 10TH STREET
GREELEY,CO 80631
ATTN: CLERK TO THE BOARD
AMENDMENT NUMBER TWO(2)
GENTLEMEN:
PLEASE BE ADVISED THAT THE SUBJECT LETTER OF CREDIT HAS BEEN AMENDED AS FOLLOWS:
• WE HEREBY RESCIND OUR CANCELLATION LETTER DATED AUGUST 13,2001 STATING
OUR INTENTION NOT TO RENEW THIS LETTER OF CREDIT,AND THEREFORE THE
EVERGREEN CLAUSE IS REINSTATED.
• EXPIRATION DATE IS NOW OCTOBER 25,2002.
THIS AMENDMENT 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.
BANK ONE,COLORADO,N.A.
AUTHORIZED SIGN URE
SS:
Catalog a 06806(69a)
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