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Home My WebLink About20001697.tiff • RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS AND ACCEPT FORM OF COLLATERAL FOR SITE PLAN REVIEW#308 -JOHN HEFFLEY 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 December 10, 1999, the Department of Planning Services staff did approve a Site Plan, SPR#308, for John Heffley, 1380 Devils Gulch Road, Estes Park, Colorado 80517, for an office and warehouse facility on the following described real estate, to wil:: Lot 10, Block 2, Sekich Business Park; located in the SW1/4 of Section 23, Town 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 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and John Heffley, with terms and conditions being as stated Io said agreement, and WHEREAS, the Board has been presented with Irrevocable Letter of Credit #125 from United Valley Bank, 363 East Elkhorn Avenue, P.O. Box 2270, Estes Park, Colorado 80517, in the amount of$27,600.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Irrevocable Letter of Credit 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 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and John Heffley, be, and hereby is. approved. BE IT FURTHER RESOLVED that Irrevocable Letter of Credit 125 from United Valley Bank, 363 East Elkhorn Avenue, P.O. Box 2270, Estes Park, Colorado 80517, in the amount of $27,600.00, be and hereby is, accepted. �;��a 2000-1697 PC : P(, P6o ; ` 'c,o PL1425 IMPROVEMENTS AGREEMENT - JOHN HEFFLEY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of July, A.D., 2000. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: "LW / �� `- 6t ` Gim.ti 0 /)zr d ' ,, sa :erbara J. Ki meyer, Chair Weld County Clerk to the rd <7/7 1867 �, v 9 �4.�zil C� i �o . J. egire, Pro-Tem BY: oCo" 1 ',,y Deputy Clerk to the Bo:y.% ____ & l eor-- E. Baxter APPROVED AST M: ______\/ pcia „7 L_?� Dale K. Hall _ / 7, � my Attorne �3'• `''cAl rt. Glenn Vaa 2000-1697 PL1425 ftotrn MEMORANDUM WngeTo: Board of County Commissioners July 11, 2000 COLORADO From: Kim Ogle, Planner Subject: Acceptance of Irrevocable Letter of Credit John Heffley, Aspen Rock Crane & Equipment Co., Inc. On June 30, 2000 the Department of Planning Services received an Irrevocable Letter of Credit from United Valley Bank on behalf of John Heffley, for an office and warehouse facility located at Lot 10, Block 2 of Sekich Business Park, case number SPR-308, in the amount of twenty-seven thousand six hundred and no/100s dollars ($27,600.00) Items covered under this letter of credit include: Street Grading - Interior Including curbs, gutters and culverts $ 5,600.00 Landscaping Requirements $ 22,000.00 Total Estimated Cost of Improvements and Supervision $ 27,600.00 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 the office and warehouse facility located at Lot 10, Block 2 of Sekich Business Park, and the Department of Planning Services' recommends acceptance of this Letter. SRRVIC5,TIAMWURK,!MI S(IRI V,QUAIITV 2000-1657 Weld Co inty l nnin.;= Pep (hta MEMORANDUM A . 200' ' TO: Julie Chester, Lead Planner ( :T.� i y0 D CFROM: Donald Carroll, Engineering Administrator ��F�, COLORADO SUBJECT., SPR-308; Thomas Beck/T.W. Beck Architects Lot 10, Block 2, Sekich Business Park; John Heifle The Weld County Public Works has verified the parking lot paving quantities by utilizing the plat drawing and calculating quantities for the paved parking area. The unit costs and estimated construction costs appear to be adequate to complete the paving project. The landscape item identified in Exhibit "A" shall be verified by Planning Services. pc: SPR-308 m:\wpfiles\dai-e\don-c\plantspr.wpd • s, Mir- x1161.Z C Li\l L ftlii-1i„It ' ,r U ill Air cJ, ir-l'ic7:oirouoial 1380 Devils Gulch Rd.• Estes Park, CO 80517•Ph: (970) 577-0875• Mobile: (970) 218-6556• Fax: (9 TO) 577-1305 June 30, 2000 Mr. Kim Ogle Weld County Planning Dept. 1555 N. 17th Avenue Greeley, CO 80631 RE: Site Plan Review 308 Aspen Rock Crane Lot 10, Block 2, Sekich Business Park Dear Mr. Ogle, Attached are the revised drawings as requested, along with the collateral agreement, as agreed to by the county attorney. The letter of credit written in the county format for the amount estimated for the asphalt and landscaping work as required by the county is also included. Hopefully this will satisfy all outstanding requirements and we can proceed with this building. Obviously, if this project does not proceed, the collateral agreement and letter of credit will be null and void upon written notification to the county. Your prompt approval of this project would be greatly appreciated, as our schedule now shows completion of landscaping and paving at the end of November. If you could respond as promptly as you have done the past few times, I would appreciate it. Sincerely, c_ tC), effley John Heffley Owner VALLEY IRREVOCABLE LETTER OF CREDIT NO. 125 June 28, 2000 Board of County Commissioners Attn: Clerk to the Board P.O. Box 758 Greeley, CO 80632 Re: John W. Heftley To Whom It May Concern: We hereby open our Irrevocable Letter of Credit in your favor for the account of Johr W. Heffley, 1380 Devils Gulch Road, Estes Park, Colorado 80517, for a sum not to exceed the aggregate of$27,600 (Twenty Seven Thousand, Six Hundred and no/100). Each draft so drawn must be marked "Drawn under UNITED VALLEY BANK, P.O. Box 2270, 363 E. Elkhorn Ave., Estes Park, Colorado 80517. Letter of Credit No. 125 and be accompanied by a "signed statement from the Board of County Commissioners of Weld County. Colorado stating the John W. Heffley has committed a material breach of the Improvements Agreement According to Policy Regarding collateral for Improve- ments regarding Asphalt and Landscaping dated the 28`h day of June, 2000 by and between John W. Heffley 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, 1983 Revision, The International Chamber of Commerce Publication No. 400." 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 of UNITED VALLEY BANK, P.O. Box 2270, 363 E. Elkhorn Ave., Estes Park, CO 80517. This letter of credit will expire on July 28, 2001 at 5:00 P.M. This letter of credit is automatically extended without amendment, for additional one yea] periods from the current expiration or any future expiration date unless 60 days prior to such current expiration date, UNITED VALLEY BANK notifies beneficiary in writing 363 East Elkhorn Avenue • P.O.Box 2270 • Estes Park,Colorado 80517 • 970-586-4412 51 Agate Ave. • P.O.Box 439 • Granby,Colorado 80446-0439 • 970-887-3361 1101 Grand Avenue•Grand Lake,CO 80447•970-627-8905 Making its Mark in Colorado Since 1908 Member FDIC •"-- Equal Housing Lender 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 UNITED VALLEY BANK (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 UNITED VALLEY BANK the Letter of Credit No. 125 will not be renewed and that John W. Heffley has failed to provide proof of adequate collateral and substitution of this Letter of Credit No. 125; (c) copy of letter from UNITED VALLEY BANK stating non-renewal of Letter of Credit No. 125 and the original letter of credit. Yours truly, Larry L. Saint Vice President LI.S/njc IMPROVEMENTS AGREEMENT POLICY REGARDING COLLATERAL FOR IMPROVEMENTS This Agreement, made and entered into thisl7thday of July , 2000, by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners. hereinafter called "County" and John Heffley, hereinafter called "Applicant". WHEREAS, Applicant is the owner of, or has a controlling irterest in the following described property in the County of Weld, Colorado: Lot 10, Block 2, Sekich Business Park 4400 Mulligan Drive WHEREAS, a final site plan of said improvement of the property, to be known as 4400 Mulligan Dr. has been submitted to the County for approval, and whereas, Weld County ordinance provides that the site plan shall be approved by the County and that the Applicant shall submit an Improvement Agreement Guarantee for the construction of improvements shown on the site plan, which improvements, as requested by the County, along with schedule for completion, are listed in Exhibits `A' and `B' of the Agreement. Now, therefore, in consideration of the foregoing and of the acceptance and approval of said site plan, the parties hereto promise, covenant and agree as follows: 1. Construction: Applicant shall furnish and install, at its own expense 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. 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. 2. Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liabilit\ loss and damage County may suffer as a result of all suits, action or claims of every nature and description caused by, arising from, or on account of said desigrs and construction of improvements, and pay any and all judgements rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorneys 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 11111111111111111111111111111 IIII 111111 III 11111 IIII IIII 2783153 07/27/2000 01:47P JA Suki Tsukamoto 1 of 7 R 0.00 D 0.00 Weld County CO 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. 3. Improvements Guarantee: Applicant shall provide as Improvements Guarantee an irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved h: Weld County stating that 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 )n Exhibit 'A'. 4. Request for Release of Collateral: Prior to release of the irrevocable Letter of Credit, Applicant shall present a Statement of Substantial Compliance from an engineer registered with the State of Colorado. Following the submittal of the Statement of Substantial Compliance, Applicant shall request release of the Letter of Credit for the project by the Board Staff for the County will make a recommendation to the Board regarding the request for release. The action regarding the release will be taken at a regularly scheduled public meeting of the Board. The request for release shall be accompanied by "Warranty Collateral" in the amount of fifteen percent(15°i ) of the value of the improvements as shown in this Agreement for replanting of vegetation. The warranty collateral shall be released to the Applicant upon final approval by the Board of County Commissioners. 5. 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. APPLICANT: ) APPLICANT: TITLE: (� Subscribed and sworn to before me this 23/1day o� ,nte/,2000. 11111111111111111111111111131111111111111111 1111 2783153 07/27/2000 01:47P JA Sold Tsukamoto 2 of 7 R 0.00 D 0.00 Weld County CO / 1 My/commission expires: " �T�C �CG? ti'� ✓ Lwl- .<2-b, < OG:3 _ Notary Public BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 'Barbara J. K' eyer,Chair (07,17/200u) i) . J. eile, Chair Pro-Tern ATTEST: gull �� ^/!� �`�`n�•�/Georg Baxter Weld County Clerk to the :o..,.� �i n►� ) Dale . Hall BY: Deputy Clerk to the I Adat/ (' "'rte Glenn Vaal APPROVED AS TO FORM: _ f---- /' unty l{ torney �'—�-- I11111111111 Hill 1111111111IIII111111III1111111111111 27133153 R 0.00,2000 D 0.00 t:47P JA Suki ukamoto Weld County CO EXHIBIT "A" Name of subdivision 5�i Is._ t w►�r.Lov.r,w,,,,�t ' or Planned Unit Development:_ Filing: _ . _ Location: 44c0 riwu.tcne44.5 Po- I LI tc t 6t o�+�Z,� Sx lc.«� rti►w+w�, � � Wi .W. ) cow-t'.i- 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 Street grading Street base _— fig (s1�a-wtiww, 9,a uswoe S" LAS '5e.. a v-- Curbs,gutters, and culverts t 63G LAW Ito 1 a ( ++tie, Sidewalk 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 Street lighting Street name signs Fencing requirements Landscaping t--S Z`z,000" - — Park improvements Road culvert Grass lined swale Telephone Gas Electric Water transfer SUB-TOTAL: 4$ Z1 t(slc2c2`L Engineering and Supervision Costs$ t .,sC1t.c�,r�rW7 (Testing, inspection,as-built plans and work in addition to preliminary and final plat;supervision : f actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ t1 (8450--- 1111111 11111 31111 11111 11111 III{ 111111 III 11111 Ills {III 2783153 07/27/2000 01:47P JA Suki Tsukamoto 9 K`P`KdI 0300 E MACTB\CFBFORTIS,APKII A IT 4 of 7 R 0.00 D 0.00 Weld County CO 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 improvements shall be completed according to the construction schedule set out in Exhibit "13." By: ��-y� 3 t.., N, Ft Ap i ant �J Applicant Date: 5 I L 4 , 20 m ". Title (If corporation, to be signed by President and attested to by Secretary, together with corporate seal ) 11111111111111111111111111111 �� 111111 �� 11111IIII1111 2783153 07/27/2000 01:47P JA Suki Tsukamoto 5 of 7 R 0.00 0 0.00 Weld County CO 10 Reused 03 00 MdCTB\QBFORMS'APRR A'IE EXHIBIT "B" Name of Subdrrisiew 5 t t¢ t.'+p Kash or Planned Unit Development: FFt-0-Z Filing: Location: '14 00 wtot1-vc i6,,,) PnJ. Lary: to )5tocxc.-t, t Stt4twv- l$tn. ('vide_ A(tLL 7 Covw-Ct f Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. 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 blank where they do not apply.) Improvements Time for Completion Site grading Street base Street paving —1 O Fis^(S Curbs, gutters, and culverts Sidewalk 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 Street lighting Street name signs Fencing requirements Landscaping t4- nS Park improvements Road culvert Grass lined swale Telephone Gas Electric Water Transfer SUB-TOTAL: Wt-t4. oat qsa+t- SPVt .- Q 5Trmt oP Co 'Ci .wcs v413 oF euvuotal 1 111111111111111111 11111 11111 IIII 111111 III11111 IIII IIII 2783153 07/27/2000 01:47P JA Suki Tsukamoto 8,,;,,,0300 6 of 7 R 0.00 D 0.00 Weld County CO M:\CFB\CTBFORWS4PRI\AaE 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. v 1 .�� o t4uo 14-€ ucl By: I A scant Applicant Date: , 20 ea . Title (If corporation, to be signed by President and attested to by Secretary, together with corporate seal ) 1 111111 11111 1111111 11111 11111 IIII 111111 III 11111 IIII IIII 2783153 07/27/2000 01:47P JA Suki Tsukamoto 7 of 7 R 0.00 D 0.00 Weld County CO 12 Revised 03 00 M:\CTB\CTBFORMS`'APRI'A FE Hello