HomeMy WebLinkAbout20000562.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) AND
ACCEPT COLLATERAL - NORFOLK IRON AND METAL COMPANY, SPR#310
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 January 4, 2000, the Department of Planning Services staff did approve a Site
Plan Review, SPR #310, for Norfolk Iron and Metal, Inc., on the following described real estate
to-wit:
Lot A of Amended Recorded Exemption #151; part
of the E1/2 SW 1/4 of Section 29, Township 6
North, Range 65 West of the 6th P.M., Weld
County, Colorado
WHEREAS, pursuant to certain Conditions of Approval in said 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 Norfolk Iron and Metal.
Inc., with terms and conditions being as stated in said agreement, and
WHEREAS, Norfolk Iron and Metal, Inc., has presented Irrevocable Standby Letter of
Credit #STB20000436, in the amount of$24,100.00 drawn on the First National Bank of
Omaha, 1620 Dodge Street, Omaha, Nebraska 68102-1596, and
WHEREAS, the posted amount of collateral is for landscaping improvements only.
therefore, the Board deems it advisable to amend Section 7.1 of the Improvements Agreement
by inserting the word "Landscaping" before the word "Improvements" in the first sentence, and
adding a new second sentence to state, "Should concrete paving not be completed by
August 10, 2000, the applicant will provide collateral in the amount of $151,880.00 to secure the
cost of paving," and
WHEREAS, after review, the Board deems it advisable to approve said agreement with
the amendment as stated above, 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 Improvements Agreement According to Policy Regarding
Collateral for Improvements (Private Road Maintenance) with the amendment as stated above,
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Norfolk Iron and Metal, Inc., be, and hereby is, approved.
�! 2000-0562
�x j)i E c, , a -
PL1397
IMPROVEMENTS AGREEMENT - SPR#310, NORFOLK IRON AND METAL, INC.
PAGE 2
BE IT FURTHER RESOLVED that Irrevocable Standby Letter of Credit#STB20000436,
in the amount of$24,100.00 drawn on the First National Bank of Omaha, 1620 Dodge Street,
Omaha, Nebraska 68102-1596 be, and hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of March, A.D., 2000
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ��y� 1,j
Barbara J. ' <meyer Chair
Weld County Clerk to gi
Rs . J eile, Pro
BY:
Deputy Clerk to the ��* U 1� � 7 d
Geor e E. Baxter
APPROVED AS TO FORM: EXCUSED DATE OF SIGNING (AYE)
Dale K. Hall
ounty Attornr-77 uiw L ,% 4
Glenn Vaad
2000-0562
PL1397
t��l �` rV ^
.. 555--_ten ., k ,s
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0 first national bank of omaha o ! 2000
International Banking Department — t''"�+
1620 Dodge Street,Omaha,NE 68102-1596(US A.) " , O ` ;;it:
(402)341-0500 FAX:(402)633-3554 Telex 484410 FIRSTNATBK OMA -
'MORN EY'S ,...., '
IRREVOCABLE STANDBY LETTER OF CREDIT
DATE : FEBRUARY 29, 2000
LETTER OF CREDIT NUMBER: STB20000436
BENEFICIARY :
BOARD OF COUNTY COMMISSIONERS
ATTN: CLERK TO THE BOARD
P .O. BOX 758
GREELEY, CO 80632
WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO.
STB20000436 ON BEHALF OF NORFOLK IRON & METAL CO. 3001 NORTH VICTROY
ROAD, NORFOLK, NE 68702 , FOR ANY SUM OR SUMS NOT EXCEEDING AN AGGREGATE
TOTAL AMOUNT OF *USD24 , 100 . 00* (TWENTY FOUR THOUSAND ONE HUNDRED AND
NO/100 U. S . DOLLARS) AVAILABLE UPON PRESENTATION OF YOUR DRAFTS AT
SIGHT ON FIRST NATIONAL BANK OF OMAHA, INTERNATIONAL DEPARTMENT, 1620
DODGE STREET, OMAHA, NE 68102 .
DRAFTS MUST BE ACCOMPANIED BY :
A. A SIGNED STATEMENT FROM THE BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO STATING THAT "NORFOLK IRON & METAL
CO. , 3001 NORTH VICTORY ROAD, NORFOLK, NE 68702 , HAS
COMMITTED A MATERIAL BREACH OF THE IMPROVEMENTS AGREEMENT
ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
DATED THE TWENTY-SECOND DAY OF FEBRUARY, 2000 BY AND BETWEEN
NORFOLK IRON & METAL CO. , 3001 NORTH VICTORY ROAD, NORFOLK,
NE 68702 AND THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY
OF WELD. "
OR
B. A STATEMENT PURPORTEDLY SIGNED BY AN OFFICIAL OF THE
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
STATING THAT "WE HAVE RECEIVED WRITTEN NOTICE FROM FIRST
NATIONAL BANK OF OMAHA, INTERNATIONAL DEPARTMENT, 1620
DODGE STREET, OMAHA, NE 68102 , THAT THEY HAVE ELECTED NOT TO
CONSIDER THIS LETTER OF CREDIT NUMBER STB20000436 EXTENDED
FOR AN ADDITIONAL ONE YEAR PERIOD AND THAT NORFOLK IRON &
METAL CO. 3001 NORTH VICTORY ROAD, NORFOLK, NE 68702 , HAS
FAILED TO PROVIDE PROOF OF ADEQUATE COLLATERAL AND
SUBSTITUTION OF THIS LETTER OF CREDIT. "
01) first national bank of omaha
International Banking Department
1620 Dodge Street,Omaha.NE 68102-1596(U.S A.)
(402)3410500•FAX:(402)633-3554 0 Telex 484410 FIRSTNATBK OMA
PAGE 2
DATE : FEBRUARY 29, 2000
OUR LETTER OF CREDIT NO: STB20000436
IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT IS DEEMED TO
BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR 12 MONTHS FROM
THE EXPIRY DATE HEREOF, OR ANY FUTURE EXPIRATION DATE, UNLESS AT
LEAST 60 DAYS PRIOR TO ANY EXPIRATION DATE WE NOTIFY YOU BY
REGISTERED MAIL OR COURIER SERVICE THAT WE ELECT NOT TO CONSIDER
THIS LETTER OF CREDIT RENEWED FOR ANY SUCH ADDITIONAL PERIOD.
IN THAT EVENT, YOU MAY DRAW HEREUNDER ON OR PRIOR TO THE THEN
RELEVANT EXPIRATION DATE, UP TO THE FULL AMOUNT THEN AVAILABLE
HEREUNDER, AGAINST YOUR SIGHT DRAFT (S) ON US, BEARING THE NUMBER
OF THIS LETTER. OF CREDIT.
THE DRAFTS DRAWN UNDER THIS CREDIT ARE TO BE ENDORSED HEREON AND MUST
BEAR THE CLAUSE "DRAWN UNDER THE FIRST NATIONAL BANK OF OMAHA CREDIT
NO. STB20000436 DATED FEBRUARY 29, 2000 . "
WE HEREBY AGREE WITH YOU THAT DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH
THE TERMS OF THIS CREDIT THAT THE SAME SHALL BE DULY HONORED ON DUE
PRESENTATION IF DRAWN AND NEGOTIATED ON OR BEFORE MARCH 01 , 2001 .
DRAFTS MUST BE PRESENTED TO FIRST NATIONAL BANK OF OMAHA, INTERNATIONAL
DEPARTMENT, 1620 DODGE STREET, OMAHA, NE 68102 BY 5 : 00 PM LOCAL TIME .
THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING,
AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED OR
AMPLIFIED BY REFERENCE TO ANY NOTE, DOCUMENT, INSTRUMENT OR AGREEMENT
REFERRED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT IS REFERRED TO OR
TO WHICH THIS LETTER OF CREDIT RELATES AND ANY SUCH REFERENCE SHALL NOT
BE DEEMED TO BE INCORPORATED HEREIN BY REFERENCE TO ANY NOTE, DOCUMENT
OR AGREEMENT.
THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS MUST BE PRESENTED WITH
EACH DRAWING OR WHEN CANCELLING THE LETTER OF CREDIT PRIOR TO THE
EXPIRY DATE .
EXCEPT SO FAR AS OTHERWISE STATED, THIS LETTER OF CREDIT IS SUBJECT TO
THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS PUBLISHED BY
THE INTERNATIONAL CHAMBER OF COMMERCE, WHICH ARE IN EFFECT AT THE TIME
OF ISSUANCE OF THE LETTER OF CREDIT.
FIRST NATIONAL BANK OF OMAHA
≥ A L SIGNATURE
01/13/2000 15:05 9703528745 WIN0GRAD5 PAGE 03
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IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this 22nd day of February.2000 by and between
the County of Weld,State ofColorado,acting through its Board of County Commissioners,hereinafter called
"County", and Norfolk Iron & Metal Co. 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:
Parcel Number 0803 29 000004
Legal Description: Lot A of MIRE-151; Pt. E2 SW4 Section 29,
Township 6 North, Range 65
West of the 6th P.M. , Weld County, Colorado
WHEREAS, a final subdivision/PUD plat of said property, to be known as
Site Plan Review (SPR #310) has been subm itted to the County for
approval;and
WHEREAS, of the Weld County Subdivision Ordinance provides that no final plat
shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement
guaranteeing the construction of the 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 FnuineerinxServices: Applicant shall furnish,at its own expense,all engineering services
• in connection with the design and construction of the aubdivislon improvements listed on
•
Exhibit"A"which is attached hereto and made a part of this reference.
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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.
I Revised 12/95
000-0562
/397
01/13/20@0 15:05 9703526745 WINOGRADS PAGE 04
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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 ono sot of reproducible "as-built" drawings and a final
statement of construction cost to the County.
2S Rights-of-Way and Basements: 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 thrnish 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 teens 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.
2 Revised 12/95
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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 ofthe 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 oftheir 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 Atiorov_al 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:
3.73 0 C7 7.1 The value of all collate al submitted to Weld County must be equivalent to 100N
* Should concrete paving of the value ofthetifiiir sshown in this,Agreement*Prior to Final Plat
approval,the applicant shall indicated which of the five types of collateral prefered
not be completed by
August 10, 2000, the 3 Revised 17195
applicant will provide
collateral in the amount
of $151,880.00 to secure the
cost of the paving.
01/13/2000 15:05 9703528745 WINOGRADS PAGE 06
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to be utilized to secure the improvements subject to final approval by the Board of
County Commissioners and the execution ofthis 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 allprellminary 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 Imorovements 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.
8.13 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
4 Revised (2/95
01/13/2000 15:05 9703528745 WINOGRADS PAGE 07
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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 ease 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:
5 Revised 12/95
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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 escmw agentguarantees thatthe 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 Col do
in an amount equivalent to 100% of the value of the improvements as specified i'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 final construction plans.
6 Revised 12/95
01/13/2000 15:05 9703528745 WINOGRADS PAGE 09
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%ofthe value ofthe 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 Commissionpers,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 bo secured in accordance with one of the following alternatives,or as specified
in the PUI)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 requited 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.
•
7 Revised 12/95
O1/13/2OOO 15:05 9703528745 WINOGRADS PAGE 10
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BOARD OF COUNTY COMMISSIONERS
WE COUNTY,COLO
•
/�� arba J. Kirkm yer, Ch r (03/08/00)
:_��rJ� . Gei a Chai Pro Tem
ATTEST:
,t n .� eo ge E. Baxter
Weld County Clerk to the B d ;+ „
_ / Dal K. Hal
BY: � r
mot,,i
Deputy Clerk to the Board �., �� Glenn Vaac '
APPROVED AS TO FORM: •
C County Attorney
• APPLIC 44:r L k / `y`�`T
BY:
ff � l .
g
Subscribed and sworn to before rue this day of ')
•
M rnnnissi 7)7-01)is
Notary u he
/44ic-& BRENDA KUHLMAN CARHART
'°':':"`; MY COMMISSION EXPIRES
July 4,2002
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M: ommyRriATLD5
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8 Revised 12/95
01/13/2000 15:05 97035287(15 WINOGRADS PAGE 11
EXHIBIT"A"
Name lASit1≥ i1iiltI,)_ Site Plan Rev iOw (SIT ii31())
Filing:
Location:
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 , 19��,
recorded on , 19 , in Book , Page No. , Reception No.
,the following improvements.
(Leave spaces blank where they do not apply)
Estimated
Improvements Unit Cost Construction sl
Street grading
Street bast
Streetpavint?
Curbs,gutters&cttlyerts
Sidewal
Stogy sewer facilities
Retention ponds
pitch i vemvnts
Subsurface rraipage
Sanitary sewers
Sanitary sewers
Thank&forced lines
Mains
l,a.terals(house connected) _
On-site sewage facilities - ---
Oft-site water supply & storage
Water mains-Includes Bore
Fire hydrants
Survey&street rnontttnents&boxes .
Street li htinn
Streetjatne signs _
Fencing requirements
Landscapinw WA 24,100.00
park improvements
Road„Culvert -.
Grass I,'ned we
Tee 1phone
Gas
Eletric
Water Transfer
SUB-TOTAL— _— $ 1Z`a.r4a0_flfl
9 Rc 1 cd 12/95
01/13/2000 15:05 9763528745 WINOGRADS PAGE 12
Engineering and Supervision Costs included
(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 S 175,980.00
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.
Said im ovements shall be completed accordin ¢fire construction schedule set out in Exhibit"B".„ALL(In corporation,to be signed by President and attes to ecretary,together with corporate seal.)
D te: ?- 1 f t9 2"Y-
l
10 Revised 12/95
01/13/2000 15:05 9703528745 WINOGRADS PAGE 13
EXHIBIT"B"
• Name ligli {itli! : Site Plan Review (SPR #310)
Filing: _
Location: •
Intending to be legally bound,the undersigned Applicant hereby agrees to construct the
improvementsshown on the final subdivision plat of Subdivision,
dated , 19 ,Recorded on , 19 , in Book
,Page No. ,Reception No. ,the following schedule.
All improvements shall be completed within 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 bIank where they do not apply.)
j nor vements Time fer Completion
Site grading
Street base Au ust 28, 2000
Street paving g
Curbs,gutters, and culverts
Sidewalk
Storm sewgr facilities
Retention pond,
Pitch itnarovements _
Subsurface drainag. _
Sanitary sewers
Trunk and forced lines
Mains_
Laterals(house connected}
On-site sewage facilities
On-site water sunulY and storage
Watej mains
Fire hydrants
Survey&street monuments&boxes
Street lighting
Street_name signs
Fencing xr4i4irements October 1 , 20-00T an sc�ping
Park improvements _Telephone - -
Gas
Electric
Water Transfer
Sub-Total
11 Revised 12/95
01/13/2000 15:05 9703528745 WINOGRADS PAGE 14
•
The County,at its option,and upon the request by 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.
Q
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
Date: - /(• , Wes'
•
in ntpdvue.ab
12 Revised 12/95
MEMORANDUM
To: Board of County Commissioners March 7, 2000
COLORADO From: Kim Ogle, Planner
Subject: Acceptance of Irrevocable Letter of Credit
The Weld County Attorney's office approved the form of an Irrevocable Letter of Credit, February
28, 2000 for Norfolk Iron and Steel, d.b.a. Winograd's Steel and Supply for the construction of a new
office and warehouse facility, case number SPR-310, in the amount of twenty-four thousand one
hundred dollars and no/100s ($24,100.00.) The item covered under this letter of credit is for
landscaping only.
The Department of Planning Services', has determined that the amount of the agreement will be
sufficient to complete the work required for landscaping the new office and warehouse facility and
recommends acceptance of this Letter.
Further, the applicant is requesting the Board to review the collateral requirement for Private Road
Maintenance. Their intrepretation of paragraph 7.1 of the Improvements Agreement is different than
that of the County Attorney's. From their interpretation, if the concrete paving is not completed
within six months of the recording of the Site Plan Review Plat, then Winograd's would then submit
a Letter of Credit for the paving of that portion of the project until it was completed. Their argument
is that this project is for private consideration and the concrete paving is an integral part of the
development.
The Department of Public Works has reviewed the Improvements Agreement according policies
regarding collateral for Improvements (Private Road Maintenance) and the estimated cost appears
to be adequate for the transportation portion of the approach road and parking areas.
Should the Board accept the Norfolk proposal, then the submitted agreement shall be amended in
paragraph 7.1 to insert the word LANDSCAPE before the word Improvements in the second line.
In addition, a new second sentence should be added to provide ... "SHOULD CONCRETE PAVING
NOT BE COMPLETED BY AUGUST 10, 2000, THE APPLICANT WILL PROVIDE COLLATERAL
IN THE AMOUNT OF $ 151,880.00 DOLLARS TO SECURE THE COST OF THE PAVING."
SERVICE,TEAMWORK,INTEGRITY,QUALITY
x000 -O56
�L /39
From: LEE Morrison
To: kogle
Subject: letter of credit-norfolk steel (winograd) spr 310
I have received and approved the form of the letter of credit and provided the
original to the Clerk to the Board. The amount covers landscaping only and
the applicant has explained in his letter of 2-22-00 why this is the case.
The issue should go to the Board for final decision. Should the Board accept
Norfolks proposal , the submitted agreement should be amended in paragraph 7 .1
to insert the word . .landscape. . . before the word improvements in the 2d line
In addition a new second sentence should be added to provide. . .Should concrete
paving not be completed by (date six months after site plan
approval ) , the Applicant will provide collateral in the amount of
$151,880.00 to secure the cost of paving.
‘/(6 Oa,ilrY CT)6
dico -osoa
?i i3g7
February 22, 2000
Kim Ogle
Department of Planning Services
1555 N. 17`" Avenue
Greeley, CO 80631
Re: Site Plan Review Number 310 (SPR-310)
Dear Kim,
During our meeting on Wednesday, February 16, 2000 we discussed several
points concerning our pending Site Plan Review. I do believe most of the issues have
been addressed. Upon your suggestion, I spoke with County Attorney Lee Morrison and
County Attorney Bruce Barker. I explained to them the concern we have with the
IMPROVEMENTS AGREEMENT.
At issue is the General Requirements for Collateral. After reviewing this
agreement, we are interpreting Paragraph 7.1 differently than the interpretation explained
to me by the County Attorneys. The second sentence in that paragraph indicates we shall
indicate which of the types of collateral we prefer to use. Our choice is the irrevocable
Letter of Credit. The third sentence in that paragraph indicates the collateral shall be
submitted and the plat recorded within six (6) months of the Final Plat approval. Our
intentions where to have the Site Plan reviewed and approved and submit the Letter of
Credit for the Landscaping. The Landscaping is not crucial to our operation and we can
understand the logic and reasoning for having an Improvement Agreement for this aspect
of the project. Originally we intended to have the concrete paving phased in over a 3
year period, but after further review we decided to have the paving done at the time of the
initial construction. According to the construction schedule, the paving is to be
completed by the third week in August. From our interpretation, if the concrete paving
were not to be completed within the 6 month interval, we would then submit a Letter of
Credit until that portion of the project was completed.
The County Attorneys explained the reason behind the Improvement Agreement
was to insure that developers completed a project as submitted on the approved Site
Plans. This project does not involve a developer, this project is for private consideration
and the concrete paving is an integral part of our project.
It is my understanding that this submission will go before the Board of County
Commissioners for their review. I am therefore asking for consideration in this matter. I
have attached copies of the bids for the Landscaping and the Concrete Paving for this
project. I have also included a copy of the Construction Schedule for your review.
Sincere qq
Ron Wildeman
General Manager
Winograd's Steel & Supply
WINOGRAD'C
a t STEEL & SUPPLY
Established 1917 "9GE Lltptadat& f Popff"
February 21, 2000
Kim Ogle
Department of Planning Services
1555 N. 17th Avenue
Greeley, CO 80631
Re: Site Plan Review Number 310(SPR-310)
Dear Kim,
This is in response to your request concerning the possibility of a name change
involving the ownership of this property. As of this writing, the estate planning involving
the transfer of property is an ongoing and lengthy project. It is unlikely that a name
change will take place in the next several months if it takes place at all. If this comes to
fruition, we will notify the county immediately and supply the change date, the new
name, the corporate address and telephone number. If additional information is needed,
please contact me.
Sincerely,
ly y
4 (.(lam �i�-�a'
Ron Wildeman
General Manager
431 5th Street • P.O.Box 1765 • Greeley,CO 80632
Greeley 970-352-6722 • Fort Collins 970-224-3969 • Denver 303-572-8420
WATS 800-886-STEEL (886-7833) • Fax Line 970-352-8745
CONSTRUCTION SCHEDULE
NORFOLK IRON AND METAL
CHIEF CONSTRUCTION GENERAL CONTRACTORS A DIVISION OF CHIEF INDUSTRIES, INC.
7 14-I21•28 6 13 20 274 3 10 T T II
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