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RESOLUTION
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NO RE: APPROVAL OF IMPROVEMENTS AGREEMENT - ACCORDING TO POLICY
'" V REGARDING COLLATERAL FOR INTERNAL IMPROVEMENTS BETWEEN WELD
a COUNTY, COLORADO, AND WAFFLE HOUSE, INC.
o
o WHEREAS, the Board of County Commissioners of Weld County,
o w Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
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affairs of Weld County, Colorado, and
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co WHEREAS, pursuant to Section 11-1 of the Weld County
Subdivision Regulations, the Board has been presented with an
M Improvements Agreement according to the policy regarding
collateral for internal improvements , said Improvements Agreement
being between Weld County and Waffle House, Inc. , and
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m z WHEREAS , after review, the Board deems it advisable to
N H approve said Improvements Agreement, with the terms and conditions
CE-. being as stated in the Agreement, a copy of which is attached
hereto and incorporated herein by reference.
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N W NOW, THEREFORE, BE IT RESOLVED by the Board of County
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Commissioners of Weld County, Colorado, that the Improvements
Z Agreement according to the policy regarding collateral for
N IC4 internal improvements between Weld County and Waffle House , Inc.
be, and hereby is , approved.
a % The above and foregoing Resolution was , on motion duly made
rn and seconded, adopted by the following vote on the 21st day of
N fl October, A.D. , 1987 .
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BOARD OF COUNTY COMMISSIONERS
ATTEST: (,,, %A,t WELD COUN Y, OLORADO
Weld Coot Jierk and Recorder
and Cle;.1Ot?lth4- Board Gor n . t airman
EXCUSED DATE OF SIGNING (AYE)
BY— ��,� ;
eputy .:;, j�( (erk C. Kirby, Pro-Tem
eput_y L�caL„n y Jerk
0-t R h nY
APPROVED AS TO FORM: Gene R. Bra ner
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a- �` � Ja .ue e J h sqp
1fA`
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County Attorney
Frank amacfxchi�
871328
Att 2119172
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
THIS AGREEMENT, made and entertd into this 21st day of October
1987 , by and between the County of Weld, State of Colorado, acting through
its Board of County Commissioners, hereinafter called "County", and
vo WAFFLE HOUSE , INC. hereinafter called
o U "Applicant".
0 WITNESSETH:
a WHEREAS, Applicant is the owner of or has a controlling interest in the
oz following described property in the County of Weld, Colorado:
7}Q A parcel of land located in the Southeast Quarter (SE;) of Section 3, Township 2 North,
a0 Range 68 West of the 6th Principal Meridian, Weld - County, Colorado and being more
U particularly described as follows:
ono BEGINNING at the Southeast Cosner (SE Cor) of said Section 3, and assuming the South line •OE
'la said $EL as bearing South 89 31'00" West with all other bearings contained herein relative
thereto:
w Thence South 89°31'00" West along said South line, 1310.34 feet;
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Thence North 01°31'00" East, 77.30 feet to the TRUE POINT OP BEGINNING:
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Thence continui8g North 01 31'00" East, 586.59 feet;
•
N H Thence North 89 34'30" East, 385.00 feet;
o F Thence South 01°31'00" West, 586.87 feet;
"ia Thence South 89°37'00" West, 385.00 feet to the TRUE POINT OF HEMMING.
r 41 Said described parcel of land contains 5.183 acres, more or less, and is subject to any '
'at rights-of-way or other easements as granted or reserved by instruments or as now existing on
z said described parcel of land.
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fU WHEREAS, a final subdivision plat of said property, to be known as
LONGMONT CENTENNIAL INN SUBDIVISION
r N has been submitted to the County for approval; and
WHEREAS, Section 11-1 of the Weld County Subdivision Regulations
WG4
provides that no final plat shall be approved by the County until the
Applicant has submitted a Subdivision Improvement Agreement guaranteeing the
construction of the public improvements shown on plans, plats and supporting
documents of the subdivision, which improvements, along with a tine 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 improvements listed on Exhibit "A" which is attached
hereto and made a part hereof by this 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 —
811328
1.3 Applicant shall furnish drawings and cost estimates for roads
within the subdivision to the County for approval prior to the
letting of any construction contract. Before acceptance of the
roads within the subdivision by the County, Applicant shall
furnish one set of reproducible "as-built" drawings and a final
statement of construction cost to the County.
2.0 Rights-of-Wav and Easements: Before commencing the construction of any
improvements herein agreed upon, Applicant shall acquire, at its own
N O
'~ U expense, good and sufficient rights-of-way and easements on all lands
O and facilities traversed by the proposed improvements. All such
Ca rights-of-way and easements used for the construction of roads to be
o W accepted by the County shall be conveyed to the County and the
o• documents of conveyance shall be furnished to the County for recording.
'}q 3.0 Construction: Applicant shall furnish and install, at its own expense,
Othe subdivision improvements listed on Exhibit "A" which is attached
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m a hereto and made a part hereof by this reference, according to the
M construction schedule set out in Exhibit "B" also attached hereto and
amade a part hereof by this reference.
r a 3.1 Said construction shall be in strict conformance to the plans and
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m 2 drawings approved by the County and the specifications adopted by
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the County for such public improvements. Whenever a subdivision
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is proposed within three miles of an incorporated community
N located in Weld County or located in any adjacent county, the
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w Applicant shall be required to install improvements in accordance
m z with the requirements and standards that would exist if the plat
were developed within the corporate limits of that community. If
athe incorporated community has not adopted such requirements and
d, rn standards at the time the subdivision is proposed, the
H requirements and standards of the County shall be adhered to. If
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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 previously approved by the County to perform all testing
of materials or construction that is required by the County; and
shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the
right to test and inspect or to require testing and inspection of
material and work at Applicant's expense. Any material or work
not conforming to the approved plans and specifications shall be
removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 The Applicant shall 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 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.
— 2 — 871328
4. 0 Release of Liability: Applicant shall indemnify and hold
harmless the County from any and all liability loss and damage
county may suffer as a result of all suits, actions or claims
of every nature and description caused by, arising from, or on
account of said design and construction of improvements, and
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r+ U pay any and all judments rendered against the County on
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mO account of any such suit, action or claim, together with all
reasonable expenses and attorney fees incurred by County in
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a defending such suit, action or claim whether the liability,
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loss or damage is caused by, or arises out of the negligence
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of county or its officers, agents, employees or otherwise
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except for the liability, loss, or damage arising from the
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intentional torts or the gross negligence of the county or
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its employees while acting within the scope of their employ-
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C> ment. All contractors and other employees engaged in con-
struction of the improvements shall maintain adequate work-
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r+ Czi man ' s compensation insurance and public liability insurance
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ro < coverage, and shall operate in strict accordance with the laws
Wand regulations of the State of Colorado governing occupation-
al safety and health.
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5. 0 Acceptance of Streets for Maintenance by the County:
5. 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 and acceptance of said portions .
5. 2 County may, at its option, issue building permits for
construction on lots for which street improvements de-
tailed herein have been started but not completed as
shown on Exhibit "B" , and may continue to issue building
permits so long as the progress of work on the subdivi-
sion improvements in that phase of the development is
satisfactory to the County; and all terms of this Agree-
ment have been faithfully kept by Applicant.
5. 3 Upon completion of the construction of the improvements
within the subdivision and the filing of a Statement of
Substantial Compliance, the applicant ( s ) may request in
3_ 871328
writing that the County Engineer inspect the improve-
ments . Not sooner than nine months after the initial
inspection, the County Engineer shall, upon request by
the applicant, inspect the subject improvements and
notify the applicant ( s ) of any deficiencies. The County
Engineer shall re-inspect the improvements after notifi-
N OU cation from the applicant ( s ) that any deficiencies have
been corrected. If the County Engineer finds that the
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aimprovements are constructed according to original plans,
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0 3 he shall recommend release of collateral . For utility
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aconnections, approval from service providers shall sub-
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U stitute for approval from the County Engineer .
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ch6. 0 General Requirements for Collateral :
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'~ a 6 . 1 The value of all collateral submitted to Weld County
m U must be equivalent to 100% of the value of the improve-
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ments as shown in this Agreement . Prior to Final Plat
of
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c4 approval , the applicant shall indicate which of the five
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NW types of collateral he prefers to be utilized to secure
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the improvements subject to final approval by the
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a Board of County Commissioners and the execution of this
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c4 Agreement. Acceptable collateral shall be submitted and
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H the plat recorded within six ( 6 ) months of the Final
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oaGa Plat approval . If acceptable collateral has not been
submitted within six ( 6 ) months then the Final Plat
approval and all preliminary approvals shall automati-
cally 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
be completed within one ( 1 ) year after the Final Plat
approval ( not one year after acceptable collateral is
submitted unless the applicant ( s ) request that this Agreement be
871328
-4-
renewed at least thirty (30) days prior to its expiration and
further provides that cost estimates for the remaining
improvements are updated and collateral is provided in the amount
of 100% of the value of the improvements remaining to be
completed. If improvements are not completed and the agreement
not renewed within these time frames, the County, at its
discretion, may make demand on all or a portion oft the collateral
HO and take steps to see that the improvements are made.
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in Q 6.2 The applicant may choose to provide for a phased development by
✓ means of designating portions of a Planned Unit Development,
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O W Subdivision, or Change of Zone, that the applicant wishes to
develop. The applicant would need only to provide collateral for
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h the improvements in each portion of said Planned Unit Development,
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O Subdivision, or Change of Zone as he proposes to develop them; the
Wg County will place restrictions on those portions of the Planned
,.n Unit Development, Subdivision, or Change of Zone, which are not
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covered by collateral which will prohibit the conveyance of the
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r. a property or the issuance of building permits on said portions
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Z until collateral is provided for those portions or until
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improvements are in place and approved pursuant to the
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arequirements for a Request for Release of Collateral.
N 6.3 Applicant intends to develop in phase(s) in accordance
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• with Exhibits "A" and "B".
Z 7.0 Improvements Guarantee: The five types of collateral listed below are
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acceptable to Weld County subject to final approval by the Board of
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wa County Commissioners.
.. N 7.1 An irrevocable Letter of Credit from a Federal or State licensed
1 M
~ financial institution on a form approved by Weld County. The
W w letter of credit shall state at least the following:
- The Letter of Credit shall be in an amount equivalent of 100%
of the total value of the improvements as set forth in
Section 6.0 and exhibits "A" and "B".
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.
The applicant may draw from the Letter of Credit in
accordance with the provisions of this policy.
- The issuer of the Letter of Credit shall guarantee that at
all times the unreleased portion of the Letter of Credit
shall be equal to a minimum of 100% of the estimated costs of
completing the uncompleted portions of the required
improvements, based on inspections of the development by the
issuer. In no 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.
•
_ s _ 871328
— 1._ Letter of Credit shall speu __y that 15% of the total
Letter of Credit amount cannot be drawn upon and will remain
available to Weld County until released by Weld County.
The Letter of Credit shall specify that the date of proposed
NI o- U expiration of the Letter of Credit shall be either the date
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o of release by Weld County of the final 15%, or one year from
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o the date of Final Plat approval, whichever occurs first.
0 z Said letter shall stipulate that, in any event, the Letter of
cm Credit shall remain in full force and effect until after the
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WBoard has received sixty (60) days written notice from the
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issuer of the Letter of Credit of the pending expiration.
M a Said notice shall be sent by certified mail to the Clerk to
the Board of County Commissioners.
7.2 Trust Deed upon all or some of the proposed development or other
m U property acceptable to the Board of County Commissioners provided
m z that the following are submitted:
N H
o ei — In the event property within the proposed development is used
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as collateral, an appraisal is required of the property in
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r- W the proposed development by a disinterested M.A.I. member of
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the American Institute of Real Estate Appraisers indicating
—iv < that the value of the property encumbered in its current
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U W degree of development is sufficient to cover 100% of the cost
of the improvements as set forth in the Improvements
M Agreement plus all costs of sale of the property.
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H - In the event property other than the property to be developed
m has been accepted as collateral by Weld County, then an
appraisal is required of the property by a M.A.I. member of
the Institute of Real Estate Appraisers indicating that the
value of the property encumbered in its current state of
development is sufficient to cover 100% of the cost of the
improvements as set forth in the Improvements. Agreement plus
• all costs of sale of the property.
- A title insurance policy insuring that the Trust Deed creates
a valid encumbrance which is senior to all other liens and
encumbrances.
• — A building permit hold shall be placed on ' the encumbered
property.
7.3 Escrow Agreement that provides at least the following:
- The cash in escrow is at least equal to 100% of the amount
specified in the Improvements Agreement.
The escrow agent guarantees that the escrowed funds will be
used for improvements as specified in the agreement and for
no other purpose and will not release any portion of such
funds without prior approval of the Board.
The escrow agent will be a Federal or State licensed bank or
financial institution.
If the County of Weld County determines there is a default of
the Improvements Agreement, the escrow agent, upon request by
the County, shall release any remaining escrowed funds to the
• County.
871328
7.4 A surety bond given by a corporate surety authorized to do
business in the State of Colorado in an amount equivalent to IOUZ
of the value of the improvements as specified in the Improvements
Agreement.
7.5 A cash deposit made with the County equivalent to 1OOZ of the
value of the improvements.
8.0 Request for Release of Collateral: Prior to release of collateral for
N
H U the entire project or for a portion of the project by Weld County, the
N O Applicant must present a Statement of Substantial Compliance from an
U
o Engineer registered in Colorado that the project or a portion of the
0 3 project has been completed in substantial compliance with approved
0
:p▪ % plans and specifications documenting the following:
h W 8.1 The Engineer or his representative has made regular on-site
inspections during the course of construction and the construction
w a plans utilized are the same as those approved by Weld County.
- o 8.2 Test results must be submitted for all phases of this project as
ck per Colorado Department of Highway Schedule for minimum materials
ccoo v sampling, testing and inspections found in CDOH Materials Manual.
oD• z N H 8.3 "As built" plans shall be submitted at the time the letter
o [-I requesting release of collateral is submitted. The Engineer shall
� (1)
certify that the project "as built" is in substantial compliance
W • with the plans and specifications as approved or that any material
ri deviations have received prior approval from the County Engineer.
N 8.4 The Statements of Substantial Compliance must be accompanied, if
0
U a appropriate, by a letter of acceptance of maintenance and
a• X responsibility by the appropriate utility company, special
N m district or town for any utilities.
B.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.
8.6 The requirements in 8.0 thru 8.5 shall be noted on the final
construction plans.
8.7 Following the submittal of the Statement of Substantial .Compliance
and a positive recommendation by the County Engineer,
the applicant(u) 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.
8.8 The request for release of collateral shall be accompanied by
"Warranty Collateral" in the amount of 10Z of the value of the
improvements as shown in this Agreement excluding improvements
fully accepted for maintenance by the responsible governmental
entity, special district or utility company.
8.9 The warranty collateral shall be released to the applicant upon
final approval by the Board of County Commissioners under
Section 5.3 herein.
871328
_ 7,
9;3 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 streets and utility casements 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 PUD plan, if
any:
O 4.1 The required acreage as may be determined according to Section
r1 U
o 8-15—B of the Weld County Subdivision Regulations shall be
0p dedicated to the County or the appropriate school district, for
one of the above purposes. Any area so dedicated shall be
oo 3 approved by the County or school district, and shall be maintained
o a by the County or school district.
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-9..2 The required acreage as determined according to Section 8-15-B of
0
wthe Weld County Subdivision Regulations may be reserved through
co
a deed restrictions as open area, the maintenance of which shall be
a specific obligation in the deed of each lot within the
subdivision.
U 9.3 In lieu of land, the County may require a payment to the County in
00 H an amount equal to the market value at the time of final plat
o
submission of the required acreage as determined according to
a
Section 8-15-B. Such value shall be determined by a competent
N
land
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Z appraiser chosen jointly by the Board and the Applicant. The cash
ocollected shall be deposited in an escrow account to be expended
Wa for parks at a later date.
10.0 Successors and Assigns: This Agreement shall be binding upon the
un -
m heirs, executors, personal representatives, successors and assigns of
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the Applicant, and upon recording by the County, shall be deemed a
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covenant running with the land herein described, and shall be binding
upon the successors in ownership of said land.
:11.0 Miscellaneous Provisions: All references herein to "streets , "
" roads, " and/or "roadways" and related provisions to said
references are not applicable in any way whatsoever to this
Agreement.
11.1 Portions of the scope of work to be performed by Applicant
shall be performed on abutting Lots 1 & 3, Longmont
Centennial Inn Subdivision under the written authorization
of the fee owner of said Lots 1 & 3, Longmont Centennial
Inn, Inc. Applicant has controlling interest in Lot 2
of said subdivision.
871328
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N O
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
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executed on the day and year first above written.
BOARD OF COUNTY CON IISSIONERS
o WELD COUN__T� D 0
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ATTEST•
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coo U Weld Air? 'f� 14rk and Recorder
N H and ale. . the Boar9r'
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W De f Cget Cler
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r APPROVED AS TO FORM: �- /2
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No Oot9Atto ney
? O APPLICANT: WAFFLE HOUSE , INC.
es. 0,,-- . IK {tea 1 ' 4 s:cew • FOF c0�' . (title)
"'Subscribed and sworn to before me this 19
My commission expires , Ca:-;::i- :t:1 .x;.' C_ re5. 1 , y of ���� ��
ofibabk
Ilitallotary Public
_ 9 _
Bil328
EXHIBIT "A" PHASE I
Name of Subdivision: Longmont Centennial Inn Subdivision
Filing:
Location: SE 1/4 of Sec. 3 , T2N , R68W of 6th P .M. , Weld County , CO
No
o O Intending to be legally bound, the undersigned Applicant hereby agrees
o O to provide throughout this subdivision and as shown on the subdivision final
.-a U
q plat dated , 19 , recorded on
CD Ga.1 19 , in Book , Page No. , Reception No. , the
o $
• following improvements.
z)- 4)
Q
a
O (Leave spaces blank where they do not apply.)
U
W
w a Estimated
m
'a Improvements Unit Cost Construction Cost
m
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aCompacted fill 250 yd32 $ 3 . 00/yd. 3 $ 750 . 00
CO U Grading 1780 V 1 50/yd ? 2 . 670 . 00
m z Paving 904 yd 7 . QQ/vd. ` 6 , 300 . 00
\ W Curbs, gutters, and culverts 11.8 ft 8 . 50/ft . 7 , 258 . 00
o E Sidewalks nia
'-i a Storm Sewer facilities n/a
N w Retention ponds n/a
r W Ditch improvements n/a
rn [y Sub-surface drainage n/a
ri z Sanitary sewers _-_
,-• Z Trunk and forced lines n/a
o Mains n/a
U a Laterals (house conn) 213 ft . 8 00/ft 1 704 !l0
W On-site Sewage facilities n/a
a
On-site Water supply and storage n/a
r- M Water mains 8„ din 870 ft . 12 . 00/ft .
Fire hydrants 10 A 00..-00
i 1 12 . 00/ea. 1 , 200. 00
Surve1 & street monuments & boxes n/a
W CLIStreet lighting n/a
Street name signs n /a
Fencing requirements n/a
Landscaping 2420 ft 2 0 . 20/ft2 ng0 . 00
Park improvements n/a
Concrete flat work 34 yd, 2 10 00/yd 2 3n0 _no
SUB-TOTAL $ 25 ,142 . 00
Salaried employee of Waffle House is
Engineering and Supervision Costa General. Contractor - Cost not applicable
(testing, inspection, as-built plans and work in addition to preliminary and
final plat; supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 25 , 142 . 00
The above improvements shall be constructed in accordance with all County
requirements and specifications, and conformance with this provision shall be
determined solely by Weld County, or its duly authorized agent.
Said improvements shall be completed according to the construction schedule
set out in Exhibit "B".
ature of Applic
(If corporation, to be signed by President and attested to by Secretary,
together with corporate seal.) Date: 9-or,v6, J /G
, 19 17
10 871328
EXHIBIT "B" PHASE I
Name of Subdivision: Longmont Centennial Inn Subdivision
Filing:
Location: SE 1/4 of Sec . 3, T2N, R68W, of 6th P.M. , Weld County, CO
0
Intending to be legally bound, the undersigned Applicant hereby agrees to
O
'1 U construct the improvements shown on the final subdivision plat of
A
Subdivision.
oW
dated , 19 , Recorded on , 19 ,
in Book , Page No. Reception No.
A the following
schedule.
O
co a All improvements shall be completed within years from the date of
rn approval of the final plat.
W
Construction of the improvements listed in Exhibit "A" shall be completed
aas follows:
U (Leave spaces blank where they do not apply.)
ao z
N H
� W
Improvements Time for Completion
w Compacted Fill 3 years
H w Gr a ing "
z Sing "av
N Z Curbs, gutters, and culverts t
o Sidewalks
U Storm Sewer facilities •
WW Retention ponds
Ditch improvements
v' 0 Sub-surface drainage
v Sanitary sewers
Trunk and forced lines _
M 44 Mains
Laterals (house conn)
On-site Sewage facilities
On-site Water supply and storage
Water mains
Fire hydrants "
Survey & street monuments & boxes
Street lighting _
Street name signs
Fencing requirements
Landscaping
Park improvements
SUB-TOTAL
The County, at its option, and upon the request by the Applicant, may grant
an extension of time ,for completion for any particular improvements shown
above, upon a showing by the Applicant that the
above schedule cannot
be met.
nature of Applicant 7
(If corporation, to be signed by President and attested to by Secretary,
together with corporate seal.)
Date: (ITC-f- L '7 191'7 .
871325
RESOLUTION
I , J . MICHAEL McCARTHY, do certify that I am the
Secretary/Treasurer of WAFFLE HOUSE , INC . and that the
following is a true and correct copy of a Resolution passed
by the Board of Directors of said corporation at a meeting
held on August 3 , 1987 . All Directors being present at said
meeting :
"RESOLVED , that WAFFLE HOUSE, INC .
authorizes the purchase of a certain
tract of land from Longmont Centennial
Inn, Inc . described as : Longmont
Centennial Inn Property, 3815 State
Highway 119 , Weld County, Colorado,
8050 . Property is proposed Lot 2 of
Longmont Centennial Inn Subdivision.
BE IT FURTHER RESOLVED that LEE
COUNSELLOUR, Assistant Vice President of
WAFFLE HOUSE , INC . , be hereby authorized
to sign all documents which may be
lawfully executed on behalf of WAFFLE
HOUSE, INC . and that the signature of
LEE COUNSELLOUR be individually
sufficient to execute the aforesaid
documents without the necessity of the
signature of any other officer of said
corporation. "
I hereby certify that the foregoing is a true and
correct copy of a resolution adopted by WAFFLE HOUSE , INC .
on August 3 , 1987 .
WITNESS my signature and seal of said corporation
on this the 3rd day of August , 1987 .
J . MICHAEL MCCART1Y
Secretary/Treasurer
(Corporate Seal )
871328
United Staten Fir, ice Company Inter. ' Insurance Company
A New York C. anon A .ion Corporation
Home Office New York N V Home Office Chicago, Illinois
Westchester Fire Insurance Company The North River Insurance Company
A New York Corporation A New Army Corporation
Home Office. New York,N y Home Office: Township of Morris,N.J.
U.S. Insurance Group
a Crum and Forster organization
ADMINISTRATIVE OFFICES. Madison Avenue at Canfield Road.Morristown,New Jersey
LICENSE BOND
KNOW ALL MEN BY THESE PRESENTS,THAT WE, Waffle House, Inc
as Principal, and The North River Insurance Company
a corporation as designated above, as Surety, are held and firmly bound untold County, Greeley, Colorado
Twenty—Five Thousand, One
in the sum of Hundred Forty—Two DOLLARS ($25,142.00 j, for the payment of which sum, well
and truly to be made,we bind ourselves, our personal representatives, successors and assigns,jointly and severally,firmly by these presents.
Signed, sealed and dated this 19th day of October . 19 87 ,
The Condition of this obligation is such, that Whereas Principal is desirous of obtaining a license from Weld County to instal]
curbs, gutters, culverts, sanitary sewer laterals, water mains, fire hydrant, land soaping,
concrete flat work and other misc work in connection with the construction of a Waffle House
at the intersection of I-25 and S. R. commencing on the 19thday of October , 19 87
19, Weld County, Greeley, Colorado.
NOW,THEREFORE,if Principal shall,during the period commencing on the aforesaid date, faithfully observe and honestly comply
with such Ordinances, Rules and Regulations, and any Amendments thereto, as require the execution of this bond, then this ooligation
shall become void and of no effect, otherwise to be and remain in full force and virtue, subject, however, to the following conditions:
1. This bond may be cancelled and the Surety relieved of all further liability hereunder by the Surety's giving thirty (30) days
written notice thereof to the Principal and Obligee. Waffle House, Inc
1/4% A.C..71/
Principal
/
The North River Insurance Company
BY: //
Attorney.in ace
W. G. Van Buskirk
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=u.:0 7.0.329 (9-79) J ,1-1
-'OWER OF ATTORNEY
SHE NORTH RIVER INSURANCE COME
I .,NCIPAL OFFICE, TOWNSHIP OF MORRIS, ...J.
KNOW ALL MEN BY THESE PRESENTS: That THE NORTH RIVER INSURANCE COMPANY ("Company") a corpora-
tion duly organized and existing under the laws of the State of New Jersey, and having its Principal office in the Township of
Morris, State of New Jersey, has made, constituted and appointed, and does by these presents make, constitute and appoint
- W. G. Van Buskirk and Anne Porter of Atlanta, Georgia, each
its true and lawful Agent(s) and Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and
stead, to execute, seal, acknowledge and deliver: Any and all bonds and undertakings each in a
penalty not to exceed the sum of One Million Dollars ($1,000,000) SUBJECT TO THE
EXCLUSION LISTED BELOW:
Bid, Proposal and Final Bonds and Undertakings guaranteeing
contracts for the construction or erection of public or
private buildings, improvements, and other works
�r I DI\- _
OCT 1-' 91987
Lill—
and to bind the Company thereby as fully and to the same extent as if such bonds had been duly executiMnaract�Y{'owetedg III Isslna
by the regularly elected officers of the Company at its principal office in their own proper persons.
This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and
they have no authority to bind the Company except in the manner and to the extent therein stated.
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF The North River Insurance Company has caused these presents to be signed and attested by its
appropriate officers and its corporate seal hereunto affixed this 29th day of April 19 86
irtik eisc,""
qo Attest:
THE NORTH RIVER INSURANCE COMPANY
Ik#en I )�
0 littiAssistant S a -'J Vice President
Ri hard A. Annese James Zachowski
STATE OF NEW JERSEY)
COUNTY OF MORRIS ) ss.:
On is 29th day of April 19 86 , before the subscriber, a duly qualified
tuy is of the State of New Jersey, came the above-mentioned Vice President and Assistant Secretary of The North
(-C....5i e Company, to me personally known to be the officers described in, and who executed the preceding instru-
ir:7QA
,(penFRapd ee' acknowledged the execution of the same, and being by me duly sworn, deposed and said, that they are the
officers of VicCompany aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said
* 'itIllty, and te said Corporate Seal and their signatures as officers were duly affixed and subscribed to the said instrument
^bytheLauthdfitSand direction of the said Company.
'"./ '�1N9_'$� lY WHEREOF, I have hereunto set my hand and affixed my seal at the Township of Morris, the day and year
's" ;gpptV written. HERBERT N. LINGER ,y
NOTARY PUBLIC CF NEW JERSEY 5
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,c,,,, My CLT ISSI0n Expires April 25. 1058 —1' "Q^�
This Power of Attorney is grantt .rsuant to Article V. of the By-Laws of THI ,.RTH RIVER INSURANCE COMPANY
now in full force and effect.
ARTICLE V., Execution of Instruments: "The Chairman of the Board, Vice-Chairman of the Board, President, or any Vice-
President, in conjunction with the Secretary, or any Secretary, if more than one shall be appointed by the Board, or an -
Assistant Secretary, shall have power on behalf of the Corporation: -
(a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts,
obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing,
any bonds,guarantees, undertakings,recognizances, powers of attorney or revocations of any powers of attorney, stipulations,
policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements;
(b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph
(a), including affixing the seal of the Corporation."
This Power of Attorney is signed and sealed under and by the authority of Article IV., Section 9. of the By-Laws of THE
NORTH RIVER INSURANCE COMPANY as now in full force and effect.
ARTICLE IV. Section 9. Facsimile Signatures: "The signature of any officer authorized by the Corporation to sign any bonds,
guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and
policies of insurance issued by the Corporation may be printed facsimile, lithographed, or otherwise produced.. . . The
Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall
have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time
when such instruments shall be issued."
CERTIFICATE
State of New Jersey
County of Morris
I, the undersigned, Assistant Secretary of THE NORTH RIVER INSURANCE COMPANY, DO HEREBY CERTIFY that the
foregoing POWER OF ATTORNEY remains in full force and effect and has not been revoked and furthermore that the above
quoted abstracts of Article V. and Article IV., Section 9. of the By-Laws of the Company are now in full force and effect.
In Testimony Whereof, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this
7
day of '-"ar 19 _.
By
Assiient Secretary
John K. Stewart
FM 203.0.131 (7-751
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