HomeMy WebLinkAbout880441.tiff AR 1019823
RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT BETWEEN WELD COUNTY AND DON
AND CAROLYN BRAZELTON AND AUTHORIZE CHAIRMAN TO SIGN
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, the Board has been presented with an Improvements l w
Agreement between Weld County and Don and Carolyn Brazelton rf
regarding a subdivision to be known as North Country Acres, ,°7. i`"'„
located in the NE* of Section 32 , Township 6 North, Range 65 West t° �'
of the 6th P.M. , Weld County, Colorado, and
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WHEREAS, the terms and conditions are as stated in said P40
Agreement, a copy being attached hereto and incorporated herein by y t,7
reference, and z `
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WHEREAS, after review, the Board deems it advisable to mt.)
approve said Improvements Agreement. X `'
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NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Improvements r;;;;
Agreement between Weld County and Don and Carolyn Brazelton be, z
and hereby is, approved . n
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BE IT FURTHER RESOLVED by the Board that the Chairman be, and X
hereby is , authorized to sign said Improvements Agreement. t,J
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The above and foregoing Resolution was, on motion duly made x w
and seconded, adopted by the following vote on the 6th day of
June, A.D. , 1988 .
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BOARD OF COUNTY COMMISSIONERS X o
ATTEST: WEL UNTY, COLORADO
Weld C un t o
c� �y� C e�rk end Recorder j((I� �
and Clot 5to. the Board ene R. Brantner, n
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BY: _. fr}7 i t �t 4 C.W. Kirby, Pr -Tem O
puty County Clerk
EXCUSED DATE OF SIGNING - AYE
APPROVED AS TO FORM: Jacqueli n
Gor
Acs A , County Attorney __ .,
Frank amaguchi
RR0441
PL1026
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
THIS AGREEMENT, made and entered into this 6 day of may
1988 , by and between the County of Weld, State of Colorado, acting through
its Board of County Commissioners, hereinafter called "County", and
Donald L. and Carolyn Brazelton 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:
NFr of Section 32, Township 6 North, Range 65 West of th ��`
weld County, Colorado. ` r
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WHEREAS, a final subdivision plat of said property, to be known as o
North Country Arrac
has been submitted to the County for approval; and '4
WHEREAS, Section 11-1 of the Weld County Subdivision Regulations z
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provides that no final plat shall be approved by the County until the
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Applicant has submitted a Subdivision Improvement Agreement guaranteeing the
construction of the public improvements shown on plans, plats and supporting1-1
documents of the subdivision, which improvements, along with a time schedule
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for completion, are listed in Exhibits "A" and "B" of this Agreement. Z
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance r n�
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and approval of said final plat, the parties hereto promise, covenant and
agree as follows: m •.
1.0 Engineering Services: Applicant shall furnish, at its own expense, all M
engineering services in connection with the design and construction of p
the subdivision improvements listed on Exhibit "A" which is attached
hereto and made a part hereof by this reference.
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1.1 The required engineering services shall be performed by a t� o
Professional Engineer and Land Surveyor registered in the State of
Colorado, and shall conform to the standards and criteria O
established by the County for public improvements. A0 w
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 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-Way and Easements: Before commencing the construction of any
improvements herein agreed upon, Applicant shall acquire, at its own
1
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 improvements listed on Exhibit "A" which is attached
hereto and made a part hereof by this reference, according to the
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construction schedule set out in Exhibit "B" also attached hereto and �.
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made a part hereof by this reference. N
3.1 Said construction shall be in strict conformance to the plans and xy
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drawings approved by the County and the specifications adopted by A
the County for such public improvements. Whenever a subdivision y.
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is proposed within three miles of an incorporated community z o
located in Weld County or located in any adjacent county, the to m
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Applicant shall be required to install improvements in accordance to
with the requirements and standards that would exist if the plat y H
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were developed within the corporate limits of that community. If z N
the incorporated community has not adopted such requirements and n;
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standards at the time the subdivision is proposed, the
requirements and standards of the County shall be adhered to. If x
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both the incorporated community and the County have requirements w
and standards, those requirements and standards that are more
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restrictive shall apply.
3.2 Applicant shall employ, at its own expense, a qualified testing X o
company previously approved by the County to perform all testing 00
of materials or construction that is required by the County; and
shall furnish copies of test results to the County. f
3.3 At all times during said construction, the County shall have the
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right to test and inspect or to require testing and inspection of ow
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.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the
County from any and all liability loss and damage county may suffer as
a result of all suits, actions or claims of every nature and
description caused by, arising from, or on account of said design and
construction of improvements, and pay any and all judgments rendered
against the County on account of any such suit, action or claim,
2 880441
together with all reasonable expenses and attorney fees incurred by
County in defending such suit, action or claim whether the liability,
loss or damage is caused by, or arises out of the negligence of county
or its officers, agents, employees or otherwise except for the
liability, loss, or damage arising from the intentional torts or the
gross negligence of the county or its employees while acting within the
scope of their employment. All contractors and other employees engaged
in construction of the improvements shall maintain adequate workman's
compensation insurance and public liability insurance coverage, and
shall operate in strict accordance with the laws and regulations of the
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State of Colorado governing occupational safety and health. r r
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5.0 Off—Site Improvements Reimbursement Procedure: The subdivider, N 111
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applicant, or owner may be reimbursed for off—site road improvements as z7
provided in this section when it has been determined by the Board of 2)
County Commissioners that the road facilities providing access to the o
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subdivision are not adequate in structural capacity, width, or Z1/4O
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functional classification to support the traffic requirements of the • CO
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uses of the subdivision. t
5.1 The subdivider, applicant, or owner shall enter into an off-site
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improvements agreement prior to recording the final plat when the rH+ o
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subdivider, applicant, or owner expects to receive reimbursement
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for part of the cost of the off-site improvements. to
5.2 The off-site improvements agreement shall contain the following: x
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- The legal description of the property to be served. w co
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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. tr)• 0
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- The total cost of the off-site improvements. E o
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The total vehicular trips to be generated at build-out by the
subdivision, or resubdivision, as specified by the ITE Trip n
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Generation Manual, or by special study approved by the Board
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of County Commissioners. 0 w
- 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
conformance 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 forfeited.
5.4 When it is determined by the Board of County Commissioners that
vehicular traffic from a subdivision or resubdivision will use a
road improvement constructed under an improvement 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
3 880441
the total costs 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 final subdivision or resubdivision plat.
5.5 The amount of road improvement cost to be paid by the subsequent
subdivider, applicant, or owner of a subdivision or resubdivision
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 F, F
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use the road improvement. The amount of road improvement cost N U1
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shall also consider inflation as measured by the changes in the �y
Colorado Construction Cost Index used by the Colorado Division of zi n
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Highways. The cost of road improvements may be paid by cash
zcontribution to the prior subdivider, applicant or owner or by o
further road improvements which benefit the prior subdivider, m
applicant, or owner's property. This decision shall be at the
sole discretion of the Board of County Commissioners based upon y r
the need for further off-site road improvements. H o
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5.6 The report entitled TRIP GENERATION (Third Edition, 1982) of
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the institute of Transportation Engineers shall normally be used
for calculating a reasonable pro rata share of the road x N
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improvement construction costs for all subdivisions or o
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resubdivisions. A special transporta- tion study shall be used
for land uses not listed in the ITE Trip Generation Manual. Any
question about the number of trips a subdivision or resubdivision x o
will generate shall be decided by the County Engineer. o
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5.7 The term for which the subdivider, applicant, or owner is entitled d
to reimbursement under the off-site improvements agreement, o
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entered into between the subdivider and the county, is ten years
from the date of execution of a contract for road improvements. O w
5.8 This provision is not intended to create any cause of action
against Weld County 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 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
4 880441
continue to issue building permits so long as the progress of work
on the subdivision improvements in that phase of the development
is satisfactory to the County; and all terms of this Agreement
have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a
subdivision and the filing of a Statement of Substantial
Compliance, the applicant(s) may request in writing that the
County Engineer inspect its streets and recommend that the Board
of County Commissioners 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, m to
upon request by the applicant, inspect the subject streets, and ra
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notify the applicant(s) of any deficiencies. The County Engineer -4
shall re-inspect the streets after notification from the
applicant(s) that any deficiencies have been corrected. If the k (1
County Engineer finds that the streets are constructed according z w
to County standards, he shall recommend acceptance of streets for Z
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full maintenance. Upon a receipt of a positive unqualified r
recommendation from the County Engineer for acceptance of streets
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within the development, the Board of County Commissioners shall H
accept said streets as public facilities and County property, and ~
shall be responsible for the full maintenance of said streets nu)
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including repair. �y
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7.0 General Requirements for Collateral: N
7.1 The value of all collateral submitted to Weld County must be
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equivalent to 100% of the value of the improvements as shown in
this Agreement. Prior to Final Plat approval, the applicant shall
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indicate which of the five types of collateral he prefers to be W 0
utilized to secure the improvements subject to final approval by • o
the Board of County Commissioners and the execution of this
Agreement. Acceptable collateral shall be submitted and the plat p e
recorded within six (6) months of the Final Plat approval. If n
acceptable collateral has not been submitted within six (6) months 0 to
then the Final Plat approval and all preliminary approvals shall
automatically expire. An applicant may request that the County
extend the Final Plat approval provided the cost estimates are
updated and the development plans are revised to comply with all
current County standards, policies and regulations. The
improvements shall be completed within one (1) year after the
Final Plat approval (not one year after acceptable collateral is
submitted) unless the applicant(s) requests that this Agreement be
renewed at least thirty (30) days prior to its expiration and
further provides that cost estimates for the remaining
improvements are updated and collateral is provided in the amount
of 100% of the value of the improvements remaining to be
completed. If improvements are not completed and the agreement
not renewed within these time frames, the County, at its
5 880441
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 portions of a Planned Unit Development,
Subdivision, or Change of Zone, that the applicant wishes to
develop. The applicant would need only to provide collateral for
the improvements in each portion of said Planned Unit Development,
Subdivision, or Change of Zone as he proposes to develop them; the
County will place restrictions on those portions of the Planned
Unit Development, Subdivision, or Change of Zone, which are not
covered by collateral which will prohibit the conveyance of the
property or the issuance of building permits on said portions
until collateral is provided for those portions or until
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improvements are in place and approved pursuant to the F, F,
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requirements for a Request for Release of Collateral. niui
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7.3 Applicant intends to develop in 1 phase(s) in accordance
with Exhibits "A" and "B". ;v n
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8.0 Improvements Guarantee: The five types of collateral listed below are
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Zacceptable to Weld County subject to final approval by the Board of o
County Commissioners. m co
8.1 An irrevocable Letter of Credit from a Federal or State licensed • w
financial institution on a form approved by Weld County. The
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letter of credit shall state at least the following: Z
- The Letter of Credit shall be in an amount equivalent of 100%
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/ of the total value of the improvements as set forth in tJ
Section 6.0 and exhibits "A" and "B". x n• ~
- The Letter of Credit shall provide for payment upon demand to o
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Weld County if the developer has not performed the
obligations specified in the Improvements Agreement and the
issuer has been notified of such default. M o
- The applicant may draw from the Letter of Credit in M o0
accordance with the provisions of this policy.
- The issuer of the Letter of Credit shall guarantee that at no
all times the unreleased portion of the Letter of Credit
shall be equal to a minimum of 100% of the estimated costs of O w
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.
- The Letter of Credit shall specify that 15% of the total
Letter of Credit amount cannot be drawn upon and will remain
available to Weld County until released by Weld County.
- The Letter of Credit shall specify that the date of proposed
expiration of the Letter of Credit shall be either the date
of release by Weld County of the final 15%, or one year from
6 880441
the date of Final Plat approval, whichever occurs first.
Said letter shall stipulate that, in any event, the Letter of
Credit shall remain in full force and effect until after the
Board has received sixty (60) days written notice from the
issuer of the Letter of Credit of the pending expiration.
Said notice shall be sent by certified mail to the Clerk to
the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other
property acceptable to the Board of County Commissioners provided
that the following are submitted:
- In the event property within the proposed development is used
as collateral, an appraisal is required of the property in
the proposed development by a disinterested M.A.I. member of
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the American Institute of Real Estate Appraisers indicating
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that the value of the property encumbered in its current N
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degree of development is sufficient to cover 100% of the cost
of the improvements as set forth in the Improvements w
Agreement plus all costs of sale of the property. oN
- In the event property other than the property to be developed z o
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has been accepted as collateral by Weld County, then an Oi N
appraisal is required of the property by a M.A.I. member of CL'
the Institute of Real Estate Appraisers indicating that the ai H
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value of the property encumbered in its current state of H
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development is sufficient to cover 100% of the cost of the
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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' o
a valid encumbrance which is senior to all other liens and • W
encumbrances. O
- A building permit hold shall be placed on the encumbered d
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property. E o
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8.3 Escrow Agreement that provides at least the following:
- The cash in escrow is at least equal to 100% of the amount l]
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specified in the Improvements Agreement.
— The escrow agent guarantees that the escrowed funds will be 0 w
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.
8.4 A surety bond given by a corporate surety authorized to do
business in the State of Colorado in an amount equivalent to 100%
of the value of the improvements as specified in the Improvements
Agreement.
880441
8.5 A cash deposit made with the County equivalent to 100% of the
value of the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for
the entire project or for a portion of the project by Weld County, the
Applicant must present a Statement of Substantial Compliance from an
Engineer registered in Colorado that the project or a portion of the
project has been completed in substantial compliance with approved
plans and specifications documenting the following:
9.1 The Engineer or his representative has made regular on—site
inspections during the course of construction and the construction
plans utilized are the same as those approved by Weld County.
9.2 Test results must be submitted for all phases of this project as „y
per Colorado Department of Highway Schedule for minimum materials r E
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sampling, testing and inspections found in CDOH Materials Manual.
9.3 "As built" plans shall be submitted at the time the letter
requesting release of collateral is submitted. The Engineer shall )-4
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certify that the project "as built" is in substantial compliance z w
with the plans and specifications as approved or that any material z
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deviations have received prior approval from the County Engineer. C w
9.4 The Statements of Substantial Compliance must be accompanied, if X
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appropriate, by a letter of acceptance of maintenance and H
responsibility by the appropriate utility company, special z N
district or town for any utilities. r N
9.5 A letter must be submitted from the appropriate Fire Authority
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indicating the fire hydrants are in place in accordance with the N
approved plans. The letter shall indicate if the fire hydrants
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are operational and state the results of fire flow tests. 0
9.6 The requirements in 8.0 thru 8.5 shall be noted on the final
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construction plans. o
9.7 Following the submittal of the Statement of Substantial Compliance o
and recommendation of acceptance of the streets for partial
maintenance by the County, the applicant(s) may request release of O
the collateral for the project or portion of the project by the
Board. This action will be taken at a regularly scheduled public Ow
meeting of the Board.
9.8 The request for release of collateral shall be accompanied by
"Warranty Collateral" in the amount of 10% 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.
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 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
8 880441
with one of the following alternatives, or as specified in the PUD plan, if
any:
10.1 The required acreage as may be determined according to Section
8-15-B of the Weld County Subdivision Regulations shall be
dedicated to the County or the appropriate school district, for
one of the above purposes. Any area so dedicated shall be
approved by the County or school district, and shall be maintained
by the County or school district.
10.2 The required acreage as determined according to Section 8-15-B of
the Weld County Subdivision Regulations may be reserved through
deed restrictions as open area, the maintenance of which shall be
a specific obligation in the deed of each lot within the
subdivision.
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10.3 In lieu of land, the County may require a payment to the County in w
an amount equal to the market value at the time of final plat CO J
submission of the required acreage as determined according to • n
Section 8-15-B. Such value shall be determined by a competent '< o
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land
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appraiser chosen jointly by the Board and the Applicant. The cash y co I-11
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collected shall be deposited in an escrow account to be expended • w
for parks at a later date. cn
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11.0 Successors and Assigns: This Agreement shall be binding upon the
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heirs, executors, personal representatives, successors and assigns of Z
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the Applicant, and upon recording by the County, shall be deemed a r
covenant running with the land herein described, and shall be binding x �,
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upon the successors in ownership of said land. e,
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be rill ''''
executed on the day and year first above written.
BOARD OF COUNTY COMMISSIONERSte
WELD NTY, COLO 0 Pi o
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ATTEST: 1 1 A T�J
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Weld County Clerk and Recorder
and Clerk to the Boa
BY' ei. .
Deputy County Cl rk
APPROV AS TO FORM:
County Attorney
APPLICANT:
BY: pp
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'subs-cribed and sworn to before me this - day of , 19Of.s `. my potmnisUon expires: /C' - /(p - QJ/
N 444 d 4 A)
"`"
�7l Notary Public
9 880441
EXHIBIT "A" PHASE I
Name of Subdivision: NnITEP Co"NT6y ACRES
Filing: 1ct
Location: NF - nf Sertinn 49 Tnwnchip h North, Rang- AS Wect nf tha hthP_,M. Weld Co.
Intending to be legally bound, the undersigned Applicant hereby agrees
to provide throughout this subdivision and as shown on the subdivision final
plat dated , 19 , recorded on
19 , in Book , Page No. , Reception No. , the
following improvements.
(Leave spaces blank where they do not apply.)
Estimated W
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Improvements Unit Cost Construction Cost m w
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Street grading $4195 00
Street base $3913 00 n
Street paving
Curbs, gutters, and culverts Z w
Sidewalks z o
Storm Sewer facilitiesm co
Retention ponds tt
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Ditch improvements L
/VVVfsurface drainage $ 250.00CFI N
Sanitary sewers
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Trunk and forced lines Hi
Mains z ()I
Laterals (house conn) ow
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On-site Sewage facilities
On-site Water supply and storage x N
Water mains 6" water line $Lq.55 17 n'
Fire hydrants incl,rlad in Nnrth Weld Water Bid ahcve
Survey & street monuments & boxes • L'
Street lighting n
Street name signs All Pond Supply-Sign,Post and Brackets $ 15.00
Fencing requirements tn -
Landscaping Soil Conservation District $ /I8.00 O
Park improvements Z0
Mountain Bell $1 .38 Op • o
Pnhlic carvire $66/6.00
Greeley Gas Service $30n0 00 n �'
SUB-TOTAL O
Engineering and Supervision Costs O Le
(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 $ 23,961.07
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".
Signature o A cant
(If corporation, to be signed by President and attested to by Secretary,
together with corporate seal.)
Date: bet,4 , 19 g .
880441
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EXHIBIT "B" PHASE I
Name of Subdivision: NORTH COUNTRY ACRES
Filing: 1st.
Location: NE 3 of Section 32, Township 6 North, Range 65 West of the 6th. P.M.Weld Co.
Intending to be legally bound, the undersigned Applicant hereby agrees to
construct the improvements shown on the final subdivision plat of
Subdivision,
dated , 19 , Recorded on , 19 ,
in Book , Page No. , Reception No. , the following
schedule.
All improvements shall be completed within 1 years from the date of
approval of the final plat.
Construction of the improvements listed in Exhibit "A" shall be completed
as follows:
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(Leave spaces blank where they do not apply.) rn CO
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Improvements Time for Completion
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Street grading On or before March 18,1989 z w
Street base On or before March 18,1989 z C
Street paving m w
Curbs, gutters, and culverts M N
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Sidewalks C+7
Stoma Sewer facilities y F,
Retention ponds 3 I—'
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Ditch improvements H o
Sub-surface drainage On or before March 18,1989 z
Sanitary sewersrt
Trunk and forced lines
Mains x
Laterals (house conn)
On-site Sewage facilities w
On-site Water supply and storage
Water mains On nr hfore March 1R 1989
Fire hydrants On or before March 18,1989 Wv
Survey & street monuments & boxes to fa
Street lighting o
Street name signs On or before March 18,1989 0Pi 0
Fencing requirements r
Landscaping On or before March 18 1989 O
Park improvements n
n~i
0
O
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 th- -sb we schedule cannot be met.
Signature of Applicant
(If corporation, to be signed by President and attested to by Secretary,
together with corporate seal.)
Date: 7l2t. c , 19c Q.
11 880441
Improvements Agreement According to Collateral Improvements Policy
THIS AGREEMENT, made and entered into this _ day of
, by and between the County of Weld, Colorado, acting through its Board
of County Commissioners, hereinafter called "County", and
, hereinafter called
"Applicant".
WITNESSETH:
WHEREAS, Subdivider is the owner of or has a controlling interest in the
following described property in the County of Weld, Colorado:
WHEREAS, a final subdivision plat of said property, to be known as
North Country Acres has
been submitted to the County for approval; and
WHEREAS, Section 11-1 of the Weld County Subdivision Regulation provides
that no final plat shall be approved by the Board of County Commissioners
until the Subdivider has submitted a Subdivision Improvement Agreement
guaranteeing the construction of the public improvements shown on plans, plats
and supporting documents of the subdivision, which improvements, along with a
time schedule for completion, are listed in Exhibits "A" and "B" of this
Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance
and approval of said final plat, the parties hereto promise, covenant and
agree as follows:
B 1357 REC 02309823 11/05/92 12 : 03 $0 .00 13/013
F 1631 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
880441
12
fflEmORAfDU1`I
ro__ BQard_nf_Snunty Coda ime Date — June 3. 1988
COLORADO From __ Brian .T,._BineleL Current Planner
Subject. Brazelton Subdivision Improveme is Agreement
Attached is a copy of the Road Improvements Agreement submitted for North
Country Acres Subdivision by Don and Carolyn Brazelton. Both the Weld
County Engineering Department and the County Attorney's office have reviewed
the agreement and have no objections. The Department of Planning Services
has also reviewed the improvements agreement and support its approval.
Please schedule for a hearing on June 6, 1988, at 9:00 a.m. Thank you.
BJB:rjg
880441
May 6, 1988
Weld County Department of Planning
915 10th Street
Greeley, Co. 60631
RE: Plat Recording for North Country Acres. Submitted by Don and Carolyn Brazelton
To Whom It May Concern:
We have chosen to use as collateral the letter of Credit. We have verbal
approval from John Wilburn at Greeley National Bank.
Respectfully Submitted
,Q77 4d" Z '"+ �
Don Brazelton
D i A� _E
MAY r 1988 i
Weld Ca. 4lannmg CammiSSi0,
880441
�K EHN'5 Don Kehn
.o..�o.., Construction Inc.
GENERAL CONTRACTORS
6322 So. College
Fort Collins, Colorado 80525
13031 226-4111
Proposal Submitted To: DATE March 25, 1988
JOB LOCATION Minor Subdivision
Don Brazelton N,E. of Greeley
1630 31st Ave.
Greeley, CO 80631
L_ -J
GENTLEMEN:
Temporary road for Minor Subdivision located N.E. of Greeley.
1. 24' of roadway graded with 4" road base (3% slope) .
2. 4' of shoulder graded each side of road.
3. Install galvanized 15" steel tube in cement irrigation ditch cemented both ends.
4. Entry way from County Road.
Pit run 150 cu. yds @ $6.50 $ 975.00
Road base 602 ton @ $6.50 3,913. �(rcu r )
Road preparation 2,060, I �4{{
Cementing ends of tube 160.0 MAY 6 198B
Total $ 7, 108.
tuq °le'`°
Drainage easement preparation and 'Weld Co. M2M1�R
baffle placement 250.00
Total $ 7,358.00
This quote is good for 30 days and if not accepted by this time, may be withdrawn by us. This quote is based on current prices and is
only good for work that is done this year. Work will not be scheduled or commence until proposal is returned.
We will furnish and perform, in accordance with the owner's specifications, all labor, material, equipment, and services, necessary to
complete the work itemized above. We agree to carry the necessary insurance coverages. Payment terms: All accounts are due and pay-
able within 10 days of the completion of the work and billing of same. Any accounts over 30 days past due are subject to a finance charge
of 1'I,% per month or 18% per annum. Basis of payment is agreed to be based on 1.Actual square yards of surfacing.2. Lump sum price.
3.Actual tons of material. Any asphalt depth stated above in inches is understood to be an average depth of said inches.
D KEEHN CO�1NS2I' 'CTION, INC.
By ((,/�r_�L-I i/I1.•Gvtc ''mil _
Acceptance of Proposal 0*1 DOsYra �.:,,,,y .%
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorizedto the work as specified.
Payment will be made as outlined above.
Date By
KINDLY RETAIN YELLOW COPY FOR YOUR FILE AND RETURN WHITE COPY TO US AT ABOVE ADDRESS
830441
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