HomeMy WebLinkAbout20001876 RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) AND
ACCEPT FORM OF COLLATERAL FOR SITE PLAN REVIEW#325 - CROWN
ATLANTIC COMPANY, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on June 9, 2000, the Department of Planning Services staff did approve a
Site Plan, SPR#325, for Crown Atlantic Company, LLC, 7300 Miller Place #B, Longmont,
Colorado 80504, for construction of a 70-foot monopole cell tower and support equipment
buildings on the following described real estate, to-wit:
Lot A of Recorded Exemption #344; located in the
E1/2 NE1/4 of Section 10, Township 2 North,
Range 68 West of 6th P.M., Weld County,
Colorado
WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented
with an Improvements Agreement According to Policy Regarding Collateral for Improvements
(Private Road Maintenance) between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, and Crown Atlantic Company, LLC, with
terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with License or Permit Bond #929162344
from Continental Casualty Company, Chicago, Illinois, in the amount of$43,500.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said License or Permit Bond as stated above, copies of which are attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Improvements Agreement According to Policy Regarding
Collateral for Improvements (Private Road Maintenance) between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and Crown
Atlantic Company, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED that License or Permit Bond #929162344 from
Continental Casualty Company, 3822 Highway 119, Longmont, Colorado 80504, in the amount
of$43,500.00, be and hereby is, accepted.
2000-1876
PL1429
IMPROVEMENTS AGREEMENT - CROWN ATLANTIC COMPANY, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of August, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WE,I_D COUNTY, COLORADO
ATTEST: AL1/ \ y '6t; 4,, 4x _
►�/��y" �� Barbara J. rkmeyer, Chair
Weld County Clerk tot Bo: /f
4,,
��i►�� M. . eile, Pro-Tern
BY: St6LIY
Deputy Clerk to the „tr �&F Not EXCUSED DATE OF SIGNING (AYE)
— ore E. Baxter
APPROVED AS TO F M: �� ---
i Dale IC Hall
'/i 'l
untyAttorne 1�e76f1'7l'LC�T. /
Glenn Vaad
2000-1876
FL1429
MEMORANDUM
WIiDcTo: Board of County Commissioners August 8, 2000
COLORADO
From: Kim Ogle, PlannerY0
Subject: Acceptance of License or Permit Bond
On July 31, 2000, the Clerk to the Board received a License or Permit Bond, Bond number
929162344, for Crown Atlantic Company, LLC for the construction of a seventy (70) foot
monopole cell tower and supporting equipment buildings located at 3822 State Highway 119;
Case number SPR-325, in the amount of forty-three thousand five hundred dollars and no/190s
($43,500.00.) Items covered under this letter of credit include:
Site paving (gravel) and grading September 2000 estimate $ 15,000.00
Landscape & Fencing September 2000 estimate $ 12,000.00
Telephone September 2000 estimate $ 4,000.00
Electric September 2000 estimate $ 2,500.00
Total Estimated Cost of Improvements and supervision $ 41,500.30
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 construction of a seventy (70) foot monopole cell tower and supporting
equipment buildings located at 3822 State Highway 119 and the Department of Planning
Services recommends acceptance of this Bond.
SERVICE,I EAMWORK.INTIA,RI FY,QUALITY
O42)O6 - i?7(O
-PL1y26i
Weld Cour'ty H Lanni ig Dept.
oksio
MEMORANDUM
u $4
' TO: Kim Ogle, Planner II DATE: July ;4 2(:00
FROM: Donald Carroll, Engineering Administrator Ir.,
• SUBJECT: SPR-325; Crown Castle International
COLORADO
The Weld County Public Work Department has reviewed the transportation portion of Exhibit"A"for unit cost End
the estimated construction cost. All items appear to be adequate for the transportation portion of the constructer)n
All other items shall be verified by Planning Services
pc: SPR-325
plan5-spr.wpd
35 '
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this day of ,20 , by and
between the County of Weic, Mate if Colorado, acting through its Board of County Commissioners,
hereinafter called "County," and (aun Atianttr CCtffn5 LLe,hereinafter called "Applicant."
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following Wesel ed
property in the County of Weld, Colorado:
Le-sal Loll' A 0f RE-344, 1E2. NE4 of bec'tion 1O)ToLclnshlp Z
Norit-t, Pcan3e ltkst Of- -Ite Co P. H , vie Id Coon+1 , Cc,orr+cdo.
I aCa'Iion. South 0V 51,4119 approxtrnai-e19 1/4 mile west o4 123
(eeknd U -Haul Fac, I ' +t j )-1Poc.ky Houniatn scut,n-t O..K+ Ic F.)
e Iega\ .
P?rce I Number 1313 10 loo0 32,
WHEREAS; a Final Subdivision/Planned Unit Development (PUD) plat of said propery. to he
known as s4,0(14 has been submitted to he
County for approval, and
WHEREAS,relevant Weld County Ordinances provide that no Subdivision Final Plat,Planned C nit
Development Final Plat, or Site Plan shall be approved by the County until the Applicant has suhmitte I a
Subdivision Improvement Agreement guaranteeing the construction of the public improvements s own on
plans, plats and supporting documents of the Subdivision Final Plat, Planned Unit Development Final Pat,
or Site Plan, which improvements, along with a time schedule for completion,are listed in Exhibits "A" , nd
"B" of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the accept:nee .nd
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 sen ices
in connection with the design and construction of the Subdivision or Planned 1 nit
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 Enginaer
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, sun.evs,
designs,plans and profiles,estimates,construction supervision,and the suhmiss or,
of necessary documents to the County.
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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. Applicant shall furnish one set of reproducible "as-built"
drawings and a final statement of construction cost to the County.
2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements
herein agreed upon, Applicant shall acquire,at its own expense,good and sufficient righ's-
of-way and easements on all lands and facilities traversed by the proposed impros emenr s.
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" which is also attached hereto and incorporated herein by 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 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 improver ents 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 trine me
Subdivision or Planned Unit Development is proposed, the requirements aid
standards of the County shall be adhered to. If both the incorporated commun,ty
and the County have requirements and standards,those requirements and st tndaris
that are more restrictive shall apply.
3.1 Applicant shall employ,at its own expense,a qualified testing company previo.0 ly
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 est 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 ter ephone
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. may
grant an extension of the time of completion shown on Exhibit"B"upon application
by the Applicant subject to the terms of Section 6 herein.
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4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any at d
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 Coun y
on account of any such suit, action or claim, together with all reasonable expenses acid
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 act irg
within the scope of their employment. All contractors and other employees engaged n
construction of the improvements shall maintain adequate worker's compensation insurance
and public liability insurance coverage,and shall operate in strict accordance with the la%.s
and regulations of the State of Colorado governing occupational safety and health.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the
Applicant, streets within a Subdivision or Planned Unit Development 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 or Planned 1'r it
Development.
6.1 If desired by the County, portions of street improvements may be placed in see.i.:e
when completed according to the schedule shown on Exhibit"B," but such use and
operation shall not constitute an approval of said portions.
6.1 County may, at its option, issue building permits for construction on lots for W. h
street improvements detailed herein have been started but not completed at shcv n
on Exhibit "B," and may continue to issue building permits so long as the progress
of work on the Subdivision or Planned Unit Development 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 or Planned l;'nit
Development 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) tf
any deficiencies. The County Engineer shall reinspect the streets after noti ficati 'n
from the applicant(s) that any deficiencies have been corrected. If the County
Engineer finds that the streets are constructed according to County standares. he tr
she shall recommend full approval. Upon a receipt of a positive unqualified
recommendation from the County Engineer for approval of streets withi❑ tie
development,the Board of County Commissioners shall fully approve said streets
as public but with private pay.
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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 and all preliminary
approvals shall automatically expire. 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, unle,s
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 (1 Om_
Hundred percent (100%) of the value of the improvements remaining to_'e
completed. If improvements are not completed and the agreement not renewed
within these time frames,the County, at its discretion, may make demand c n all i tr
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 if
designating filings ofa Planned Unit Development Final Plat or Subdivisicn Final
Plat. The applicant would need only to provide collateral for the improvements n
each filing as approved. The County will place restrictions on those portions of ti e
property that are not covered by collateral which will prohibit the conveyance of tie
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 Iteque;t
for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits "A" and "B.
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to V`e d
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 One-Hundred
percent (100%) of the total value of the improvements as set forth ,n
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.
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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 tines the
unreleased portion of the Letter of Credit shall be equal to a minimum 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 to-al
Letter of Credit amount cannot be drawn upon and will remain ava lable to
Weld County until released by Weld County.
8.1.6 The Letter of Cred it shall specify that the date of proposed expiration oft he
Letter of Credit shall be either the date of release by Weld County 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 until after t he
Board has received sixty (60) days written notice from the issuer at me
Letter of Credit of the pending expiration. Said notice shall be sent o v
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 grope:ty
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 cc(lateral,
an appraisal is required of the property in the proposed development b•. a
disinterested Member of the American Institute of Real Estate Appraisers
(M.A.I.) indicating that the value of the property encumbered in its current
degree of development is sufficient to cover One-Hundred percent(100'o)
of the cost of the improvements as set forth in the lmpro''ements
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 (MA I.)
indicating that the value of the property encumbered in its current state of
development is sufficient to cover One-Hundred percent(100%)of thee' st
of the improvements as set forth in the Improvements Agreement plus ill
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
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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(1 00%) of the
amount specified in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used tor
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 linan_ial
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 Stau of
Colorado in an amount equivalent to One-Hundred percent(100%) of the val.tt of
the improvements as specified in the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to One-Hundred percent (1 t& 1/4)
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.1 port on
of the project has been completed in substantial compliance with approved plans :red
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 :11.)se
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 the Colorado Department of Transportation (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" i. 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.
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9.5 A letter must be submitted from the appropriate Fire Authority indicating the lire
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 paragraphs 9.0 thru 9.5 shall be noted on the final con;tru.-t:on
plans.
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 Collater al"
in the amount of fifteen percent(15%)of the value of the improvements as she an
in this Agreement excluding improvements fully accepted for maintenance b•, the
responsible governmental entity, special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon final approN al a the
Board of County Commissioners.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant r 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
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(PUD) Plan. if e w:
10.1 The required acreage as may be determined according to the Weld Count)
Subdivision Regulations shall be dedicated to the County or the appropriare sch )ol
district, for one of the above purposes. Any area so dedicated shall be m:rintni red
by the County or school district.
10.2 The required acreage as determined according to the Weld County Suhdi% ',non
Ordinance,may be reserved through deed restrictions as open area,the maintenance
ofwhich 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 amount equal
to the market value at the time of Final Plat submission of the required acreage as
determined accordingto 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 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, ececut.'rs.
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 shah be
binding upon the successors in ownership of said land.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executer. on the
day and year first above written.
APPLICANT:(1S 14 , lit_ NTn C C Q C LC
APPLICANT: (el:a, A.
TITLE: Fr2,v(Jr24- 1 v'1vivuti Ci AZT.
Ali
Subscribed and sworn to before me this /Y day ofK(
A./_ i/ , 20L'L� .
My Commission expires: 4%4
.r <<
Notary Public ? I ;o/ . c:
( 0` a-(- C
7 i A
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
I /t
'
Barbara J. rkmeyer, Mama/
2.77
M. J. ile, Chair Pro-(Teem
..ATTEST: AL14/ �5.. 11, E (' � =-
-c- /fSt"
xter
4T
Weld County Clerk to the B the (1061Q-. 1 -
f( iY BY daL •the Bo
'
/ 2 j
APPROVED AS TO FORM: -,"--�-
7,
unt}�Attorney
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EXHIBIT "A"
Name of Subdivision I/
or Planned Unit Development: N a
Filing: case/ /tio_ n ')- r S I �, - 'J�� IaS
Location: x. k? cc St- i' S op ened-€-ly /'y Ollie j )' Q3=r- 25-
C
Sl d ` [�' / flo /'1ot6ttti/it �[sm. (Lt/et) Y c nun.
Intending to E egal y boun t e un erstgned A pplicaM hereby agrees to provide throughout this ( /cwt
Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where :hey dog�L/jO, )
not apply) see o,
Estimated /
Improvements Unit Cost Construction Co,;t
Site grading l b O --- -
Street grading hi o(24.4
Street base Gr 1i 9 2,5 OC).
Street paving ➢re ii35 s GtKn�n con-hent = j Ci rI2___
Curbs, gutters. and culverts
Sidewalk G art rt4 = 4 5[S� , ---
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 sign, s_ - --
(Fencing requirements $ 1 2 / rbaT≥ _ -
'''Landscaping — — —
Park improvements
Road culvert — ----- —
Grass lined swale /1 — -- —
Telephone 9 !/ 00C ---
Gas �r-
Electric
—
Water transfer
SUB-TOTAL: 3 3, ----
Engineering and Supervision Costs $ 7, _5 Ol,
(Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision cf actual
construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ / COL)
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The above improvements shall be constructed in accordance with all County requirements and specifi cati,.,ns,
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 "It."
By: e/2-0v0 I G� rtc. Cb , L.LC=
Applicant
A licant (�.(�tet* 4.ra L f2+�etc�
?GI ink U N ✓��f/7 Date: 7 i f , 20x_.
Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
State of Colorado
County of Larimer
The foregoing instrument was ackno led ed
Before me'thi a o •
20U0 by a'• '
My Commission Expires (6 a-( S!J
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EXHIBIT "B"
Name of Subdivision f
or Planned Unit Development: Ai/of
Filing: Case Nt.tynber SPR-326
Location: din St-1119 dpproxtrnakl t 14 ml lie at-St of I-25 ( fehind lJ sal
and 4RockiuMou.;-rhtn xoun} acl 1 ) For more precise, toca-h on,see trip
Intending to tfe legally boun , 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 fir al pl:rt.
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 q I Woo
Street base
Street paving
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 g aooC
Park improvements
Road culvert
Grass lined swale
Telephone 9 /moo
Gas
Electric q J.)-000
Water Transfer
SUB-TOTAL:
TIED 111111111111 III 11111 111111 11111 III 111111 III IIII
2787356 08/15/2000 03:38P JA Suki Tsukamoto I I It"".d°}"0
11 of 12 fi 0.00 D 0.00 Weld County CO Cl B\CrBFOR>6 A PRI%ArE
The County, at its option, and upon the request of the Applicant, may grant an extension of time fcr
completion for any particular improvements shown above, upon a showing by the Applicant that the
above schedule cannot be met.
1 J
By: 6--f/_g re nJ 6 r}zv rit . ILL—
Applicant
pplicant /4,-; ele y-26 / 11
oo as4 l/77;91.�4i Get Date: Cr 6t1 , 20 C U .
Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
State of Colorado
County of Larimer '
vie
The foregoing i strument was ackno led °•"' "
Before me this day of .
20 C1 by
he . \� ~ a
My Commission Expires JO' W
,.I,,.,
I MID 11111 HIM 111 1111111 11111 III 111111 III (III
2787356 08/15/2000 03:38P .1A Suki Tsukamoto 12
12 of 12 R 0.00 D 0.011 Weld County CO m:cru c ueou :wrarr,TE
BOND NO. 929162344
LICENSE OR PERMIT BOND
KNOW ALL MEN BY THESE PRESENT:
That we, CROWN CASTLE ATLANTIC. LLC
as Principal, and __Continental Casualty Company , a corporation organized under the laws of the State
of Illinois with its principal office in the City of Chicago as Surety, are held and firmly bound
unto Weld County as Obligee, in the full penal sum of
Forty Three Thousand Five Hundred and No/100 Dollars ($ 43.500.00) , lawful money of the United
States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors
administrator, successors and assigns,jointly and severally, firmly by these presents.
WHEREAS, the above bounded Principal has obtained or is about to obtain from the
said Obligee a license or permit for landscape. telephone. electric and engineering ; and the
term of said license or permit is as indicated opposite the space checked below:
Beginning the day of 2000, and
ending the day of 2001.
x Continuous, beginning the 25th day of July _ 2000.
WHEREAS, the Principal is required by law to file with Weld County. 1555 N. 17th Avenue
Greeley. CO 80631 a bond for the above indicated term and conditioned as hereinafter
set forth.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the
above bounden Principal as such licensee or permitee shall indemnify said Obligee against all loss,
costs, expenses of damage to it caused by said Principal's non-compliance with or breach of any laws,
statues, ordinances, rules or regulations pertaining to such license or permit issued to the Principal,
which said breach or non-compliance shall occur during the term of this bond, then this obligation shall
be void, otherwise to remain in full force and effect.
PROVIDED, that if this bond is for a fixed term, it may be continued by Certificate executed
by the Surety hereon; and
PROVIDED FURTHER, that regardless of the number of years this shall continue or be
continued in force and of the number of premiums that shall be payable or paid the Surety shall not be
liable hereunder for a larger amount, in the aggregate, than the amount of this bond, and
PROVIDED FURTHER, that if the Surety shall so elect, this bond may be cancelled by the
Surety as to subsequent liability by giving thirty (30) days notice in writing to said Obligee.
Signed, sealed and dated this 25th day of July _2000.
CROWN CASTLE ATLANTIC, LLC
By: �"J�Q..I-t; ✓L. • SEA!.)
Kellie E. Rogers, Vice Presi n�t - Finance
CONTINENTAL CASUALTY COMPANY
By: /__,SEAL)
Nancy mas, Attorney-in-Fact
Site Location: 3822 Highway 119
Longmont, CO 80504
BOND NO. 929162344
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE
INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING,
PENNSYLVANIA, a Pennsylvania corporation(herein collectively called"the CCC Surety Companies"), are duly organized and existing
corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seas
herein affixed hereby make, constitute and appoint
Phyllis Ramirez, Janie Cermeno, Philip N. Bair, Vicie Coleman, Nancy Thomas, Jimmye Langford, Cheryl Baxley, Eric S. Feighl.
Mildred L. Massey, Individually ---
of Houston,Texas -
their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their oehalf
bonds, undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts-
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their orpora'ions
and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse
hereof, duly adopted, as indicated, by the Boards of Directors of the corporations.
In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and thei
corporate seals to be hereto affixed on this 29th day of March , 2000
CONTINENTAL CASUALTY COMPANY
(43(....-��\1- (.3.
MS ' �ter°T� NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
PphlrE �� S,� fC SAMERICAN CASUALTY CCOMPANY OF READING. PENNSYLV\NIA a.IULY al, iotir
leaf l •
Marvin J. Cashion Group Vice President
State of Illinois, County of Cook, ss:
On this 29th day of March , 2000 , before me personally cars e
Marvin J. Cashion,to me known,who, being by me duly sworn, did depose and say:that he resides in the City of Chicago, State of Illinois.
that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that h.e
knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals; that they were so affixed
pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant b like authority
and acknowledges same to be the act and deed of said corporations.
'OFFICIAL SEAL' •
•
••
DIANE FAULIWER •
: Notary No.Sato of tllineb : '(- -'NotarPublic, QL -+,t -vsL„- --
• My Contrition Dino 9/17/01 :
s
My Commission Expires September 17, 2001 Diane Faulkner Notary Public
CERTIFICATE
I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF
HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney he,etn
above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed or,the
reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the
said corporations this 25th day of July , .000
CONTINENTAL CASUALTY COMPANY
,E. --+(>I. 0. •ISt1R, Cuero a«\ NATIONAL FIRE INSURANCE COMPANY OF HAR TFORffl
(mss' \ AMERICAN CASUALTY COMPANY OF READING. PENN YLVAf.IA
Z cOMW4Te p di 11�LdrWtIT�� ,R /(1*. I U117O4a O Mary A. Ribikawskis Assistant Le retary
(Rev.10/1/97)
Authorizing By-Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors of the Company.
"Article IX—Execution of Documents
Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive, Senior or
Group Vice President may,from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Clompary in the
execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subjec.'tc
the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors, the
President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power arc authorr y
previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Boar( of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company m.:y
be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power an.
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is
attached, continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of
Directors cf the Company.
"Article VI--Execution of Obligations and Appointment of Attorney-In-Fact
Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senor or
Group Vice President may,from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Corr pany in the
execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact subjec to
the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group ce
President may at any time revoke all power and authority previously given to any attorney-in-fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by!h= Boara of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company ma/
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power arc
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such powe-so
executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking 'o whir b it is
attached, continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on Feb!dory 17,
1993 by the Board of Directors of the Company.
"RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corpe ration may, fr, m
time to time, appoint, by written certificates, Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insuran:e,
bonds, undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact, subject to the limitations set forth in their
respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument
and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or
the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopter! by 'he Board Df
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED:That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the se ri
of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of
Directors on February 17, '1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be
affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall t e
valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed. sh .11
with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation
Hello