HomeMy WebLinkAbout20001819.tiff RESOLUTION
RE: APPROVE ADDENDUM TO IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLICLY
MAINTAINED ROADS), AUTHORIZE CHAIR TO SIGN ANY NECESSARY
DOCUMENTS, AND RELEASE DEED OF TRUST FOR PHASE 3 - 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, by Resolution #971278, dated July 2, 1997, the Board approved an
Improvements Agreement According to Policy Regarding Collateral for Improvements (Publicly
Maintained Roads) with Martin Brothers, LLC, and
WHEREAS, pursuant to said Improvements Agreement, the applicant submitted a Trust
Deed for Phases 3 through 7 as collateral for Phases 1 and 2 of Major Subdivision, S #414, for
Buffalo Ridge Estates, conditional upon the applicants providing a Trust Deed and title work for
Phases 3 through 7.
WHEREAS, the Board has been presented with an Addendum to said agreement
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 be ng 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, and
WHEREAS, the Board of County Commissioners deems it advisable to cancel and
release the Deed of Trust for Phase 3 of Major Subdivision, S #414, for Buffalo Ridge Estates.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Addendum to the Improvements Agreement According to
Policy Regarding Collateral for Improvements (Publicly 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 any necessary documents.
BE IT FURTHER RESOLVED by the Board that the Deed of Trust for Phase 3 of Major
Subdivision, S #414, for Buffalo Ridge Estates, be and hereby is, canceled and released.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby
is, directed to return said collateral to the appropriate issuing party.
2000-1819
SUBD BUFFALO RIDGE
ADDENDUM TO IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PUBLICLY MAINTAINED ROADS), AND RELEASE
DEED OF TRUST FOR PHASE 3, BUFFALO RIDGE ESTATES, S #414 - MARTIN
BROTHERS, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of July, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO jarmil , _ATTEST: ��,i r. EXCUSED
• ' a Barbara irkmeyer, Chair
Weld County Clerk to the :'ar ,
I MCI Pia/
�o., . Gv ,- J. e le, Pro-Temp
BY: /l
•
Deputy Clerk to the B••`n�I�p r V -e ��� ��
u I� 'Geor Baxter
APPROVED A ORM: EXCUSED
/ _� 2 Dale K. Hall
— „Z�oun Attorney ' ,/,i4 l4, -
Glenn Vaa c--_
2000-1819
SUBD BUFFALO RIDGE
ITO: Board of County Commissioners liatFROM: Lee D. Morrison, Assistant Weld County Attorney
DATE: July 26, 2000
iiiiipc RE: Internal Roads Buffalo Ridge
COLORADO
Approve addendum to IMPROVEMENTS AGREEMENT ACCORDING TO COLLATERAL.
ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
PUBLICALLY MAINTAINED ROADS) WITH MARTIN BROTHERS, LLC ACCEPT
COLLATERAL, AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENfS-
BUFFALO RIDGE ESTATES, PHASES 1, 2 AND 3 and release deed of trust for phase 3
The Board is being asked to release the Deed of Trust for phase 3 from the
collateral and to allow the paving of phases 1-3 to occur prior to sale of lots in phase 4 ( instead
of prior to sale of lots in phase 3, there are 7 lots in phase 3). The phase 4-6 paving would occur
before sale of lots in phase 5 and the paving of lot 7 would occur before sale of lots in phase 7.
The addendum 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 4; 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.
ee D. Morrison
Assistant Weld County Attorney
xc:via e-mail- planning,public works
" ,c(ili
2000-1819
of
ADDENDUM "l O IMPROVEMENTS AGREEMENT ACCORDING TO POLICY
REGARDING COLLATERAL FOR IMPROVEMENTS(PUBLICALLY MAINTAINED ROADS)
THIS ADDENDUM, made and entered into this 31st day of July, 2000, 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 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 through 3 must be completed prior to the sale of lots in Phase 4;
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.
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. (),
an)
TITLE:
I-t'lc2�G./ aYr� .
Subscribed and sworn to before me this day of art '''''
A pOB
_ K a
My Commission expires:
Notary Public `' ...„
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,?DOC - 161
COUNTY OF WELD, STATE OF
COLORADO, by and through the Board of
County Commissioners of Weld County
ATTEST: i /0/ ,,
Weld County Clerk to the and a
;sip-
it i M.
J. eile, Chair Pro-Tem (07/31/2000)
BY: ` utyCl 6 �.
Deputy Clerk to the Board 1 v�
APP QED AS
Co Attome
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