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Home My WebLink About20002175.tiff RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) AND ACCEPT FORM OF COLLATERAL FOR COALBANK CREST PLANNED UNIT DEVELOPMENT FINAL PLAN, S #541 -JAMES AND BONNIE BATES 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, arid WHEREAS, on August 31, 2000, the Department of Planning Services staff did approve a Planned Unit Development Final Plan, S #541, for James and Bonnie Bates, 36961 Weld County Road 31, Eaton, Colorado 80615, for Coalbank Crest Planned Unit Development on the following described real estate, to-wit: Lot B of Amended Recorded Exemption #2279; being part of the NE/14 of Section 33, Township 7 North, Range 66 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 (Public Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and James and Bonnie Bates, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Public Improvements Bond #19SB103368949BCA from Travelers Casualty and Surety Company, Hartford, Connecticut 06183, in the amount of $104,000.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Public Improvements Bond #19SB103368949BCA 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 cf Weld County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and James and Bonnie Bates, be, and hereby is, approved. BE IT FURTHER RESOLVED that Public Improvements Bond #19SB103368949BCA from Travelers Casualty and Surety Company, Hartford, Connecticut 06183, in the amount of $104,000.00, be and hereby is, accepted. 2000-2175 PL1403 IMPROVEMENTS AGREEMENT - COALBANK CREST PUD, JAMES AND BONNIE BATES (S #541) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of September, A.D., 2000. BOARD OF COUNTY COMMISSIONERS WE D COUNTY, COLORADO ATTEST: 44/ ►� /�:��,_/, /� a_ v/ � J^ `tea Barbara J. i meyer, Chair l Weld County Clerk to th o f a'"� , S,//'�� , /i mu`� l ►41 F M. J" Ge. e Pro-Tem BY: - , ��'� .s.. .:` �,' / / ,- Deputy Clerk to the B. �A��U �� ✓ % � /rt ,_ eorge Baxter ` i APPROVED AS TO FO vl: 1 ---_ Dale K. Hall �/Cori ty�Att y Oldf y� --- Glenn Vaad 2000-2175 FL1403 IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS 7'7/ _t (PUBLIC ROAD MAINTENANCE) THIS AGREEMENT, made and entered into this_ ._3i, day of /11)64,(c;4:- _,20.6: , by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and JAMES N f BOP'viE L Bl4'(ES, 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 e, OF A/I1RE-Z279, j3eivA MRT OF Hie nicer ,/ OF -ca ion/ 33, TZ/), 8661 OF rite 6774 PAI, � wet/, (OU/UTY, CotefLnao. WHEREAS, a final Subdivision/Planned Unit Development (PUD) Plat of said property, to be known as COAL 1394/UK UZEST has been submitted to the County for approval; and WHEREAS,relevant Weld County Ordinances provide that no Subdivision Final Plat,Planned Unit Development Final Plat, or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision Improvements Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the Subdivision Final Plat, Planned Unit Development Final Plat, or Site Plan,which improvements,along with a time schedule for completion,are listed in Exhibits"A" and "B" of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat, the parties hereto promise, covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish,at its own expense, all engineering services in connection with the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit "A," which is attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs,plans and profiles,estimates,construction supervision,and the submission of necessary documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit Development to the County for approval prior to the letting of any construction contract. Before acceptance of the roads within the Subdivision or Planned Unit Development by the County, Applicant shall furnish one set of 1 111111 11111 1111111 III till 11111 1111 111 1111 III' 1111 MoC B\(SIIFOR+Rev LRL/IC0 2795192 09/20/2000 03:54P JA Suki Tsukamoto .,r IA @ n nn n n 0o Weld County CO 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. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit Development improvements listed on Exhibit"A," which is attached hereto and incorporated herein by reference, according to the construction schedule set out in Exhibit "B" also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in strict conformance to the plans and drawings 2.pproved by the County and the specifications adopted by the County for suca public improvements. Whenever a Subdivision or Planned Unit Development is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county,the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat ss ere developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the Subdivision or Planned Unit Development is proposed, the requirements ,:md standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards,those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ,at its own expense,a qualified testing company pi eviously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said Subdivision or Planned Unit Development improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit"B." The Board of County Commissioners,at its option, 'nay 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. 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 111111 11111 11111 III 1111111 11111 VIII III 11111 (III (III M\LTBICl BFOLMRn ICAIPI BLI/0C 2795192 09/20/2000 03:54P JA Suki Tsukamoto n _s 4A n n nn n n nn 'AI..1.1 n......n. Pf1 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 expo Ises and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage,and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Off-Site Improvements Reimbursement Procedure: The subdivider,applicant,or owner may be reimbursed for off-site road improvements as provided in this section when it has been determined by the Board of County Commissioners that the road facilities providing access to the Subdivision or Planned Unit Development are riot adequate in structural capacity, width, or functional classification to support the traffic requirements of the uses of the Subdivision or Planned Unit Development. 5.1 The subdivider, applicant, or owner shall enter into an off-site improvements agreement prior to recording the final plat when the subdivider,applicant, or owner expects to receive reimbursement for part of the cost of the off-site improvements. 5.2 The off-site improvements agreement shall contain the following: The legal description of the property to be served. The name of the owner(s) of the property to be served. A description of the off-site improvements to be completed by the subdivider, applicant, or owner. - The total cost of the off-site improvements. - The total vehicular trips to be generated at build-out by the Subdivision, Resubdivision,or Planned Unit Development,as specified by the ITT Trip Generation Manual, or by special study approved by the Board of County Commissioners. A time period for completion of the off-site improvements. The terms of reimbursement. The current address of the person to be reimbursed during the term of the agreement. Any off-site improvements agreement shall be made in conform nee with the Weld County policy on collateral for improvements. 5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement,the opportunity to obtain reimbursement under this section is orfeited. 5.4 When it is determined by the Board of County Commissioners that vehicu ar traffic from a Subdivision, Resubdivision, or Planned Unit Development will use a road improvement constructed under an improvements agreement, the subsequent subdivider, applicant, or owner shall reimburse the original subdivider, applicant, or owner, for a portion of the original construction cost. In no event shall the original subdivider, applicant,or owner collect an amount which exceeds,the total 11111 11111 1111111 III 1111111 11111 11111 111 11111 III �� 3 M:ACTRACIIiFOINIiSAPI BLIC 2795192 09/20/2000 03:54P JA Suki Tsukamoto 3 of 14 R 0.00 0 0.00 Weld County CO cost of improvements less the pro rata share of the total trip impacts generated by the original development. Evidence that the original subdivider,applicant,or owner has been reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the Department of Planning Services prior to recording the Subdivision, Resubdivision, or Planned Unit Development Final Plat. 5.5 The amount of road improvement costs to be paid by the subsequent subdivider, applicant,or owner of a Subdivision,Resubdivision,or Planned Unit Development using the road improvements constructed under a prior improvement agreement will be based upon a pro rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of nonresidential developments intended to use the road improvement. The amount of road improvement costs shall also consider inflation as measured by the changes in the Colorado Construction Cost Index used by the Colorado Division of Highways. The cost of road improvements may be paid by cash contribution to the prior subdivider,applicant or owner,or by further road improvements which benefit the prior subdivider, applicant, or owner's property. This decision shall be at the sole discretion of the Board of County Commissioners based upon the need fer further off-site road improvements. 5.6 The report entitled TRIP GENERATION (Third Edition, 1982) of the institute of Transportation Engineers shall normally be used for calculating a reasonable pro rata share of the road improvement construction costs for all Subdivisions. Resubdivisions, or Planned Unit Developments. A special transportation study shall be used for land uses not listed in the 1TE Trip Generation Manual. Any question about the number of trips a Subdivision, Resubdivision, or Planned Unit Development will generate shall be decided by the County Engineer. 5.7 The term for which the subdivider,applicant,or owner is entitled to reimbursement under the off-site improvements agreement,entered into between the suhdividerand the County, is ten years from the date of execution of a contract for road improvements. 5.8 This provision is not intended to create any cause of action against Weld C ounty or its officers or employees by any subdivider,applicant,or owner for reimbursement, and in no way is Weld County to be considered a guarantor of the monies to be reimbursed by the subsequent subdividers, applicants, or owners. 6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following procedures by the Applicant,streets within a Subdivision or Planned Unit Development may be accepted by the County as a part of the County road system and will be maintained and repaired by the County. 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 acceptance 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 Icing as the progress 111111111111111111 III 11111111111111111 III III!! IT IIII 4 \MAC!FIFOFNISU PI HLIC 2795192 09/20/2000 03:54P JA Suki Tsukamoto 4 of 14 R 0.00 D 0.00 Weld County CO of work on the Subdivision or Planned Unit Development improvements in that phase of the development are satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit Development and the filing of a Statement of Substantial Compliance, the applicant(s)may request in writing that the County Engineer inspect the streets and recommend that the Board of County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets,curbs and gutters,and related street improvements. Not sooner than nine months after acceptance for partial maintenance of streets, 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 constructedl according to County standards, he shall recommend acceptance of the streets for full maintenance. Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of streets within the development, the Board of County Commissioners shall accept said streets as public facilities and County property,and shall be responsible for the full maintenance of said streets including repair. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to One- Hundred percent (100%) of the value of the improvements as shown in this Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6) months of the Final Plat approval. If acceptable collateral has not been submitted within six (6) months then the Final Plat approval arid all pre iminary 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(l)year after the Final Plat approval(not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of One- Hundred percent (100%) of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not -enewed 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 ofa Planned Unit Development Final Plan or Subdivision Final Plan. 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 HBO IIIII 111 till HIE III IIIII 5 M:ACTBALTBFUNNRe,bed 03/00 S'API BLIIC 2795192 09/20/2000 03:54P JA Suki Tsukamoto 5 of 14 R 0.00 0 0.00 Weld County CO 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." The costs of the improvements described in Exhibit"A"will be adjusted higher or lower for the year and quarter in which the contemplated work is being performed based on "The State Highway Bid Price Index"contained in the"Quarterly Cos-Report" of The Engineering News-Record as published by The McGraw-Hill Companies. The applicant has provided cost estimates for all phases of the development which will be adjusted in accordance with The State Highway Bid Price Index ai the time of posting of collateral for each phase. 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 institut ion 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 to One-Hundred percent (100%) of the total value of the improvements as set forth in Section 6.0 and Exhibits "A"and "B.'. 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times, the unreleased portion of the Letter of Credit shall be equal to a rnir imum of One-Hundred percent (100%) of the estimated costs of completing the uncompleted portions of the required improvements,based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expirat on of the Letter of Credit shall be either the date of release by Weld Courty of the final fifteen percent (15%), or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event,the Letter of Credit shall remain in full force and effect anti after the 1111111111111111111 III 111111111111 11111 111 11111 1111 1111 anise('03/00 2795192 09/20/2000 03:54P JA Suki Tsukamoto 6 M\crrnn k.ro{.SIsA MAC A niF 1A an nn n n nn Weld Cnunly CO Board has received sixty (650) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.1.) indicating that the value of the property encumbered in its current degree of development is sufficient to cover One-Hundred percent t 100%) of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County,then an appraisal is required of the property by a Member of the Institute of Real Estate Appraisers ('M.A.1.) indicating that the value of the property encumbered in its current state of development is sufficient to cover One-Hundred percent(100%)of-.he 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 seniior 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: 8.3.1 The cash in escrow is at least equal to One-Hundred percent(100°G,)of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will he used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 8.3.3 The escrow agent will be a Federal or state-licensed bank or fnancial institution. 8.3.4 If Weld County determines there is a default of the Improvements Agreement,the escrow agent,upon request by the County,shall release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the Stare of Colorado in an amount equivalent to One-Hundred percent(100%)of the value of the improvements as specified in the Improvements Agreement. AIM 111111111111 III 111111111111 VIII III 11111 liii IIII istd1O/00 2795192 09120/2000 03:54P JA Suki Tsukamoto 7 M:\CTB\CTBFOBMAAPUBLIC 7 of 14 R 0.00 D 0.00 Weld County CO 8.5 A cash deposit made with the County equivalent to One-Hundred percent (100%) of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in the State of 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(CDOT)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 Sections 9.0 thru 9.5 shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Complia ice and recommendation of acceptance of the streets for partial maintenance by the County, the applicant(s)may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral" in the amount of fifteen percent(15%)of the value of the improvements is 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 acceptance by the Board of County Commissioners for full maintenance under Section 5.3 herein. 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 or Planned Unit Development 1111111111111111111 III 11111111111111111 III 11111 llll llll 8 F,\�tl\C tlFOF]R9A PI RU0LIC 2795192 09/20/2000 03:54P JA Suki Tsukamoto 8 of 14 R 0.00 D 0.00 Weld County CO streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance with one of the following alternatives, or as specified in the Planned Unit Development plan, if any: 10.1 The required acreage as may be determined according to Section 8-15-3 of the Weld County Subdivision Ordinance shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so d. dicated shall be maintained by the County or school district. 10.2 The required acreage as determined according to Section 8-I5-B of the Weld County Subdivision Ordinance may be reserved through deed restrictions as open area,the maintenance of which shall be a specific obligation in the deed of each lot within the Subdivision or Planned Unit Development. 10.3 In lieu of land,the County may require a payment to the County in an amot.nt equal to the market value at the time of Final Plat submission of the required acreage as determined according to Section 8-15-B of the Weld County Subdivision Ordinance. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall he 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 hava caused this Agreement to be executed on the day and year first above written. APPLICANT: r C -Pit,,,,,- "-MACt__-- APPLICANT: �c'i,. .<_c ,�', Li L L_I_c -_— TITLE: Subscribed and sworn to before me this 7L' day of /Ig yu SF. _, 20 00 . l / I My Commission expires: / /1 d1MUsn iltH .-- ''Nota Public ,,,,, MY COMMISSION EXPIRES: 05-04.2004 a STEPHANIE JOHANNESEN ;o N�r 4. :Q - HUN I .. 11111 ) ... 11111 1111111111 0I1111 till aFCO �.'s.r.i_c`.. . uedBed 03/00 AI\CTB\CLNFOP,NIS61 PL RLIC 2795192 09/20/2000 03:54P JA Suki Tsukamoto 9 of 14 R 0.00 D 0.00 Weld County CO BOARD OF COUNTY COMMISSIONERS W D COUNTY, COLORA O arbara J. Ki meyer, C it (0Q /I ;it DO) M. J. Geyle, Chair Pro Te ATTEST: f 14 E orge . axterr Weld County Clerk to the Board (/ [)a e K.s all BY: �,,e, �p lL�r�G 4;f dta-e)\l Deputy Clerk to the Board --, 4 nn Vaad APPROVED AS TO FORM: County A(orne,y 1 111111IIVI1111111 III IIIIVI VIII 11111 III 111111 III IIII 2795192 09/20/2000 03:54P JA Suki Tsukamoto 10 of 14 R 0.00 D 0.00 Weld County CO Ralnd 03NO 10 M.\CrB\C7 RFOI0AISUPI BLIC EXHIBIT "A" Name of Subdivision or Planned Unit Development: COAL T3ATh K CcZEbT Filing: — Location: x/,o m tr✓ /LAD OF Ft _1N _ri i OF WC 7c/ e/ _1_ Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (1.eavc spaces blank where t iey do not apply.) Estimated Imp[y.!pcnts Unit Cost Construction host e'radinil Strect,t r.Kling -- - 3O9O Street base Street paving Z- _ Curbs, stutters, and culverts Qoo 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 Q(Z_ Survey and street monuments and boxes 00 Street lighting Street name signs Emma fencing requirementsLandscaping -- o �i o Park improvements R Road culvert =mos.==O Grass lined swale _—slum Telephone. _— - Immo Gas — . _ Ira" Electric Ct5C1 Water transfer / of 10o,00a_._- mod E=ngineering and Supervision Costs Syr a29 . o ENO NIWia Op (Testing- inspection,as-built plans and wllrk in addition to preliminary and final plat; supervision of admit CV MM.o cc construct ion by contractors) _ MEMN01 l t.Yl'AI, ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ O MI=M� MIN^ N Iced+13'III 11 \I I('tI W1IIVYIH%1.•UYIIIU ti 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 "B." ,71 By: :rt.; /7' ,7 t, __ , plicant , t)(1-4(/La ,Y n'c._ 1 ./"--- - Applicant Date: (,/,:y 13( , 20 (0 Title Q (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) 1 1111111111 111111 III 111111 11111 11111 111 111111 111 1III 27951920 0.0054P WeldA Suki Tsukamoto County CO Revised 03/00 12 M?CTB\CTBI'ORMSIAPL'BLIC EXHIBIT"B" Name of Subdivision or Planned Unit Development: ( ),4 134/J/'s Filing: ni-241T Location: T1 1 0 Pr t JZ 7`Y 13,) 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 grading J Y FI& Street base If Street paving _ // Curbs, gutters,and culverts if 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 /f — Fencing requirements t/ — Landscaping /I --_ Park improvements Road culvert Grass lined swale Telephone --_Gas --- Electric Water transfer _ I, SUB-TOTAL: 111111111111111111 III 11111111111111111 III 111111 III IIII 2795192 09/20/2000 03:5413 JA Suki Tsukamoto 13 of 14 II 0.00 D 0.00 Weld County CO R-vr ed 03roo 13 M',CTB\C ,uon Isv.rI BLIC 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. By: ( b%,-+- )f, 1 '.__.. Pjplicant _) yo Applicant pate:At 2000) . Title t�, (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) 111111 11111 1111111 III 1111111 11111 VIII 111 111111 III27 llil 149of92 140R20.0000 03:54P D 0.00 Weld Suki County amoto County CO Revised 03/00 14 AI:\Crn\CIIIPOR.1sU Pi BLIC b Weld ( cun \, P ; ,ir,g ;,ir, : . is tMEMORANDUM ITO: Julie Chester, Lead Planner �,6> . l. ',Ili. IA) FROM: Donald Carroll, Eingineering Administrator ,oPe— • SUBJECT:S.543`, Bates (Coalbank Crest) COLORADO The Weld County Public Works Department has reviewed the Improvements Agreement reco-ding polio:s regarding collateral for improvements (public road maintenance). The unit cost and estimated construction cc st for the transportation portion of Exhibit"A" have been verified. We recommend acceptance of the I ransportati m portion of Exhibit"A." All other non-transportation cost items shall be verified by Planning Services. pc S-513 plan 13s MEMORANDUM TO: Clerk to the Board September 5, 2000 Wine COLORADO From: Julie A. Chester, Lead Planner SUBJECT: Acceptance of Collatera The Departments of Planning Services and Public Works, and the County Attorney's office have reviewed the Improvements Agreement According Policy regarding Collateral for Improvements for Public Road Maintenance and is recommending the acceptance of the attached Public Improvements Bond for S-541, a Final Plat for Coalbank Crest Planned Unit Development. The total amount of improvements if$104,000, as follows: Street grading $ 3,000.00 Street base 7,000.00 Street paving 29,000.00 Curbs, gutter & culverts 1,000.00 Water mains 17,000.00 Fire hydrants 5,000.00 Survey 1,000.00 Street name signs 1,000.00 Fencing requirements 2,000.00 Landscaping 1,000.00 Gas 8,000.00 Electric 8,000.00 Water transfer 17,000.00 Engineering & Supervision costs 4,000.00 Coalbank Crest PUD is located west of and adjacent to Weld County Road 31, south of Weld County Road 76. The final plat was administratively approved on August 31, 2000. The Utility Board hearing was held on August 24, 2000. The Utility Board voted to accept the Final Plat with three conditions. The conditions from the Utility Board are incorporated into staffs recommendation for approval of the Final Plan. Thank you for your consideration in this matter. -71 \ 2000-2175 �( 14O3 I 64- au araiej Travelers Casualty and Surety Compan1 Hartford CT 06109 PUBLIC IMPROVEMENTS BONO Bond No. 19S8103360949BC/1 KNOW ALL MEN BY THESE PRESENTS, That we. James H. and Bonnie L. Bates. 36961 WCR 31. Eaton. CO 00615. as Principal, and TRAVELERS CASIJALIY AND SURETY COMPANY. a corporation incorporated under the laws of vie State of Connecticut with its Home Office in the City of Hartford. Connecticut. and authorized to do business in the State of Colorado. as Surety. are held r d firmly bound unto County of Weld. State of Colorado. acting through its Board of County Commissioners. in the penal sum of One I-kindred Four Thousard and No/10U dollars [$104,000.00] for the payment of which we bind ou• selves. our heirs. executors and administrators, jointly and severally by these presents. WHEREAS, the Principal has entered into an Agreement with the County of Weld to furnish and install the Subdivision or Planned Unit Development improvements listed on Exhibit "A" which is attached hereto for Coalbank Crebt. First Filing. Located 6/10 Mile North of the Intersection of WCR 74 and 31. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THi T if the Principal shall complete all Improvements as set forth in the terms of the aforementioned Agreement within one year then this obligation shall oe null and void; otherwise Co remain in full force and effect. SIGNED AND SEALED August 31. 2000 Prigcfpal: , ,� Ceti,. / ,7-.7r Q ,Ni,• , c :ye i 4 / t _ Surat �— ni ' Boston. Attorn�ct TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-I AC I KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASIIALTI COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the (it)/ of Ha rtfor I, County of Hartford, State of Connecticut, (hereinafter the "Companies") 'lath made, constituted and appointed, s.nd do bt the:c presents make, constitute and appoint: Kathryn J. O'Shea, Connie K. Boston, Donald B. Martin, Chris S. Richmond. Scott Thomas, Margaret A. Meis, Darlene Krings, William C. Bensler, Kelly T. Untidier,Russell J. Michels, Linda M. Nikolaeff, Debra S. Morris,of Greeley,Colorado, their true and lawful Attorney(s)-in-Fact,with full power and authority herby conferred o sign, execute and acknowledge, at any place within the United States, the following instrument(s), by his/her sole signature a id ai t, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bend, r cogmzaitce. conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same exte it as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)--in-Fact, pursuant n the authority herein given,are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, wh-ich Resolnn.ns a e now in full force and effect: VOTED.: that the Chairman,the President, arty Vice Chairman,any Executive Vice President, any Senior Vice President, wit V cc Presld,at. a Second Vice President, the Treasurer,any Assistant treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys :n-I rat and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of m idmi its mad p1 eu:ri xx to sign with the Company's name and seal with the Company's seal bonds,recognizances, contracts of indemnity, and other writings obhg, ton n the nature of a bond,recognizance, or conditional undertaking,and any of said officers or the Board of Directors at any tine too) remote.1 ,y,a h appointee and revoke the power given him or her WILED: That the Chairman, the President,any Vice Chairman,any Executive Vice President, any Senior Vice Presider: or ,:n Vie' ail'- rt mum delegate all or any part of the foregoing authonty to one or more officers or employees of this Company,provide]that c tch :itch delep itari is in writing and a copy thereof is filed in the office(Attie Secretary. VOTED: Thal any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recogn-:am e, or ::on [u -ti at andertalcing shall he valid and binding upon the Company when(a)signed by the President,any Vice Chaimian,any Executive Vice Presid'nt 1 it Senior Vice President or any Vice President, any Second Vice President, the "treasurer, any Assistant Treasurer, the Corporate Secretan or a iy Assistant Secretary and duly attested and scaled with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed (undci seal it required)by one or more Attorneys-m-Fact and Agents pursuant to the power prescribed in his or her certificate or their eta n hca!es of anti :nit. by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority if the fol owing Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY C-F' AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY. which Resolution is now in full force and effect: VOTED: That the signature of each of the fallowing officers: President, any Executive Vice President, any Senior Vie: Pr cadent a,y tit.cc President, any Assistant Vice President, any Secretary, :my Assistant Secretary, and the seal of the Company may be affixed b, tacsinnit to a ti power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries of Attorneys in- act or purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any sack power ca . ttnn,em or certificate bearing such facsimile signature or facsimile seal shall he valid and binding upon the Company and any such power w execu eh aid cer.ihed by such facsimile signature and facsimile seal shall he valid and binding upon the Company in the future with respiel ti any fond �r undertaking to which it is attached. (5-1,0 StandartI) I IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA. 1UAVVI.?RS CASIALTY AND SURETY ( OMPANY and FARMINGTON ('ASIIAI;IY COMPANY. have c:mscd C:u'. manLIrcni , } 1* signed b) their Senior Vire President. aad Ihen corporate seals to be hcrcto affixed this 13th da% of June, 2('ou STATE O1'CONNRCTIC it:- TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY SS. Hat-third FARMINGTON CASUALTY COMPANY COIJN•FY Of I lAl2TFOR]) SWr>). 'JT�lY.1Ho pL GI.6U,��1 -._it! M �tn1RF011R wsmroao ' 19l 3 o BY car+. I "' coNN. )g eq r s �a George W. Thompson . ..�°rd `s ° °a+ . s Senior Vice President On Lhis 13th day of June, 2000 before me personally came GEORGE W. THOMPS0N to me known, who, being by The dui; sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the :cal; affixed to the said instrument arc such corporate seals; and that he/she executed the said instrument on behalf of die corporattw s b, authority of his/her office under the Standing Resolutions thereof 4.1 fS My commission expires June 30, 2001 Notary Public �'.,,ix.Lo" Marie C. Tetreault CERTIFICATE 1, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations o the State of Connecticut, DC) HEREBY CERTIFY that the foregoing and attached Power of Attorney and Ceti tfrcatc of Awl onn remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards or Directors, . s se, forth in the Certificate of Authority,arc now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State o[Connecticut. Dated this 31 sr da,. of August , 2000. a � � y 0,;„ 5W r, ? lJ<1ii Fo 3 c 1963T' o IA "°* ej Y6q �p Kori M. Johanson s�� --,e,d �d� / lr, ,`„+ Assistant Secretary, Bond • tir ••..l.� .. _ _ _�� k) .'ytor:a 1 1 rary /w) C%v4?,2 ✓ �. 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