HomeMy WebLinkAbout870193.tiff AR23fl9B26
RESOLUTION
RE: APPROVE SUBDIVISION IMPROVEMENTS AGREEMENT BETWEEN WELD
N O COUNTY AND CHARLES T. COLLOPY
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ri U WHEREAS, the Board of County Commissioners of Weld County,
A Colorado, pursuant to Colorado statute and the Weld County Home
a Rule Charter, is vested with the authority of administering the
o affairs of Weld County, Colorado, and
•
W WHEREAS, the Board has been presented with a Subdivision
a Improvements Agreement between Weld County and Charles T. Collopy,
o and
U CO a WHEREAS, said Agreement is to guarantee the construction of
•• 'a the public improvements shown on plans , plats and supporting
documents of the subdivision , and a time schedule for completion
of said improvements for the Pferd Himmel P.U.D. , and
NON
U WHEREAS , after review, the Board deems it advisable to
o H approve said Subdivision Improvements Agreement, a copy of which
w is attached hereto and incorporated herein by reference.
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a NOW, THEREFORE, BE IT RESOLVED by the Board of County
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row Commissioners of Weld County, Colorado, that the Subdivision
ao w Improvements Agreement between Weld County and Charles T. Collopy
o z be, and hereby is, approved .
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o The above and foregoing Resolution was, on motion duly made
a4 and seconded , adopted by the following vote on the 18th day of
March , A.D. , 1987.
a
r co BOARD OF COUNTY COMMISSIONERS
cn 1 ATTEST: Li?a��/ v- WELD COU T ,
m w Weld County Flerk and Recorder
and Clerk to the Board Gor o y rman
:'
BY: � ti: C. Pro- m
D utC ' lerk
P Y 4y jjjj����aft it
APPROVED AS TO FORM: Gene R. Bra tner
EXCUSED
Jacqueline Johnson
County Attorney
Frank Ya ag c
870193
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
March, 1987 ,
N O THIS AGREEMENT, made and entered into this 18thday of 19₹i34 L tgcX98a,
by and between the County of Weld, State of Colorado, acting through its Board
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of County Co¢missioners, hereinafter called "County", and Charles T. Collopy,
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o hereinafter called "Applicant".
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WITNESSETH:
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WHEREAS, Applicant is the owner of or has a controlling interest in the
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°° x following described property in the County of Weld, Colorado:
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-I x Lot "A" of Amended Recorded Exemption No. 0807-09-4-RE755; and
N a WHEREAS, a final Planned Unit Development Plat of said property, to be
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H known as Pferd Himmel P.U.D. has been submitted to the County for approval;
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H and
WHEREAS, Section 11-1 of the Weld County Subdivision Regulations provides
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o z that no final plat shall be approved by the County until the Applicant has
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o submitted an Improvement Agreement guaranteeing the construction of the public
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improvements shown on plans, plats and supporting documents of the subdivi-
,f sion, which improvements, along with a time schedule for completion, are
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listed in Exhibits "A" and "B" of this Agreement.
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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 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 estab-
lished 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 supervisions , and the submission of necessary docu-
ments to the County.
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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. Applicant shall furnish one
set of reproducible "as-built" drawings and a final statement of
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construction cost to the County.
i o 2.0 Rights-of-Way and Easements: Before ccamencing the construction of any
improvements herein agreed upon, Applicant shall acquire, at its own
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expense, good and sufficient rights-of-way and easements on all lands and
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zfacilities traversed by the proposed improvements.
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3.0 Construction: Applicant shall furnish and install, at its own expense,
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w the improvements listed on Exhibit "A" which is attached hereto and made
a a part hereof by this reference, according to the construction schedule
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set out in Exhibit "B" also attached hereto and made a part hereof by
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H this reference.
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a 3.1 Said construction shall be in strict conformance to the plans and
w w drawings approved by the County and the specifications adopted by
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z the County for such public improvements. Whenever a subdivision is
o N proposed within three miles of an incorporated community located in
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cjA Weld County or located in any adjacent county, the Applicant shall
�i be required to install improvements in accordance with the require-
w w ments 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
time the subdivision is proposed, the requirements and standards of
the County shall be adhered to. If both the incorporated community
and the County have requirements and standards, those requirements
and standards that are more restrictive shall apply.
3.2 Applicant shall employ, at its own expense, a qualified testing
company 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
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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 septic systems , water , electric
and telephone services.
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3.5 Said improvements shall be completed, according to the terms of
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this Agreement , within the construction schedule appearing in
o Exhibit "B". The Board of County Commissioners, at its option may
orer grant an extension of the time of ccwpletion shown on Exhibit "B"
upon application by the Applicant subject to the terms of Section 6
co x herein.
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4.0 Release of Liability: Applicant shall indemnify and hold harmless the
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t"4 County from any and all liability, loss and damage County may suffer as a
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m z result of all suits, actions or claims of every nature and description
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m caused by, arising from, or on account of said design and construction of
Lo improvements, and pay any and all judgments rendered against the County
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on account of any such suit, action or claim, together with all reason-
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able expenses and attorney fees incurred by County in defending such
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suit, action or claim whether the liability, loss or damage is caused by,
r or arises out of the negligence of County or its officers, agents,
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employees or otherwise except for the liability, loss, or damage arising
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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 improve-
ments 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 State of Colorado governing occupational
safety and health.
5.0 Non-Acceptance of Driveways for Maintenance by the County: The County
shall not accept for maintenance the private drives as shown on the plat.
All maintenance and repairs, including snow removal, shall be the
responsibility of the Pferd Hiamel Property Owners Association.
6.0 General Requirements for Collateral:
6.1 The value of the collateral submitted to Weld County must be
equivalent to 100% of the value of the improvements as shown in
this Agreement. Prior to Final Plat approval, the Applicant shall
3 670193
7.0 Improvements Guarantee: The five types of collateral listed below are
acceptable to Weld County subject to final approval by the Board of
County Commissioners.
N 0 7.1 An irrevocable Letter of Credit from a Federal or State licensed
o financial institution on a form approved by Weld County. The
Letter of Credit shall state at least the following:
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0 3 - The Letter of Credit shall be in an amount equivalent of 100% of
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"' the total value of the improvements as set forth in Section 6.0
and Exhibits "A" and "B".
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- The Letter of Credit shall provide for payment upon demand to
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a Weld County if the developer has not performed the obligations
rn U specified in the Improvements Agreement and the issuer has been
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'-' notified of such default.
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Hi a - The Applicant may draw from the Letter of Credit in accordance
N w with the provisions of this policy.
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m• z - The issuer of the Letter of Credit shall guarantee that at all
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r times the unreleased portion of the Letter of Credit shall be
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a equal to a minimum of 100% of the estimated costs of completing
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LEI lD the uncanpleted portions of the required improvements, based on
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w w 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 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
870193
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be sent by certified mail to the Clerk to the Board of County
Ccnnissioners.
7.2 Trust Deed upon all or some of the proposed development or other
property acceptable to the Board of County Connissioners provided
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that the following are submitted:
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In the event property within the proposed development is used as
w collateral, an appraisal is required of the property in the
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o a proposed development by a disinterested M.A.I. member of the
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p American Institute of Real Estate Appraisers indicating that the
w a value of the property encumbered in its current degree of
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develoment is sufficient to cover 100% of the cost of the
N improvements as set forth in the Improvements Agreement plus all
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z costs and sale of the property.
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H F - In the event property other than the property to be developed
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,p has been accepted as collateral by Weld County, then an
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appraisal is required of the property by a M.A.I. member of the
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N Institute of Real Estate Appraisers indicating that the value of
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w a the property encumbered in its current state of development is
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sufficient to cover 100% of the cost of the improvements as set
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forth in the Improvements Agreement plus all costs of sale of
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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.
870193
6
portion of the project by the Board. This action will be taken at
a regularly scheduled public meeting of the Board.
8.7 The request for release of collateral shall be accompanied by
� o "Warranty Collateral" in the amount of 10% of the value of the
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o improvements as shown in this Agreement excluding improvements
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o fully accepted for maintenance by the responsible governmental
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0 3 entity, special district or utility company.
tn- GI Q 8.8 The warranty collateral shall be released to the Applicant upon
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u final Approval by the Board of County Commissioners.
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r-+ 9.0 Public Sites and Open Spaces : When the Board of County Commissioners,
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a pursuant to a rezoning, subdivision or planned unit development, requires
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m v the dedication, development and/or reservation of areas or sites other
o w than the subdivision streets and utility easements of a character, said
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r4 a actions shall be secured as specified in the P.U.D. plan, as follows:
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N w 9.1 The required acreage as determined according to Section 8-15-B of
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o z the Weld County Subdivision Regulations may be reserved through
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o deed restrictions as open area, the maintenance of which shall be a
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a specific obligation in the deed of each lot within the subdivision
N 1 or by recorded covenants.
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w w 10.0 Successors and Assigns: This Agreement shall be binding upon the heirs,
executors, personal representatives, successors and assigns of the
Applicant, and upon recording by the County, shall be deemed a covenant
running with the land herein described, and shall be binding upon the
successors in ownership of said land.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
7
G cy,
ATTEST:1111 A C
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Kirby, ro-Tem
WILD «)LI :TY CLERK AND RECORDER
AND CL .RK TO TOE,, Et9ARD
1 i ev
_:
_!-.:?/cJii.-._ ._....4>L. '....zb.......... Gene R. rantner
Uay ,y Ccunty C:�'rk
EXCUSED
APPROi
TO • Jacque' e J son G� !
Frank Yamaguchi
y
County Attorney
8 870193
ATTEST:
Weld unty Clerk and Recor
and Cler to the Board
N O
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BY:
0 o eputy o y er
APPROVED TO FORM:
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ounty Attorney APPLICANT:
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BY:
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a STATE OF COLORADO )
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N COUNTY OF WELD ) �9�7
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Subscribed and sworn to before me this ' ' day of `1986.
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o WITNESS my hand and official seal. ` ;�
a My Commision Expires ) d`
a My Conmission Expires: August 22, 1987
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870193
9
•
EXHIBIT "A" PHASE I
Name of Subdivision: Pferd Himmel PUD
Filing:cNI 0
U Location: SEA 9-6N-67W
OV Intending to be legally bound, the undersigned Applicant hereby agrees to �I
P.U.D.
a provide throughout this subdivision and as shown on the sattisdisarti final plat
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•0 3 o 124
dated , 19 recorded on 19_,
W
ain Book , Page No. , Reception No. , the following
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Wimprovements.
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" (Leave spaces blank where they do not apply.)
Estimated
W • Improvements Unit Cost Construction Cost
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Street grading 3200.
o H 8280.
Street base
SLLcet-paring
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r+ a Ga}rbsr-guttersr-sad culverts 2520.
Si3awalks
N W Stara catser- acilities
CO W Ratentinn-pond s
z Ditcha.mnravements
xl Sob 0,sr€ate-drainage
o S—_.rcksaccvxsmas Base elec. line $5/ft. $200/pole 3000 + 800.
V a Immmix>v&xkaxCE x±ZRas Phone base 2200.
Wa Mai-cts--
hat-era-1s (house conn)
Lilco On-site Sewaee facilities (by each property owner)
9n—si-t-e-WaEet-supply-and-stamps
Water mains ( 4 in line $7/ft. ) 5040.
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Fire hydrants 1200 1200.
Survey &xxmxaasxmanuormarsximhnxas 1200 1200.
Sired-l:iih tiag
Street—name-sigas-
Ftuc i..K 'reavrrements
bandseaning
Park-zmnrovements-
Bridle path entry/exit ramps 600.
SUB-TOTAL
Engineering and Supervision Costs $500.00
(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 $ 28,540.
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".
/7:1) Zby,
Signature of Applicant
(If corporation, to be signed by President and attested to by Secreta
together with corporate seal.)
Date: , 19
-11-
870193
EXHIBIT "B" PHASE I
Name of Subdivision: Pferd Himmel PUD
Filing:
Location: SEa 9-6N-67W
N O
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Intending to be legally bound, the undersigned Applicant hereby agrees to
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P.0 construct the improvements shown on the final walttisti*i ifat of
o 3 Pferd Himmel PUD >Starthloutic2Worn,
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o a dated , 19 , Recorded on , 19
yr ,
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A
pin Book , Page No. , Reception No. , the following
w a schedule.
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W All improvements shall be completed within 9 monthsyeysc from the date of
a:
N a approval of the final plat.
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z Construction of the improvements listed in Exhibit "A" shall be completed
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E'' as follows: (all within 9 months) .
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W (Leave spaces blank where they do not apply.)
N W
[O W
Improvements Time for Completion
o z
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'tC Street grading
mo Street base
M
W Street paving
a Curbs, gutters, and culverts
r m Sidewalks
Ln M t9 Storm Sewer facilities
H Retention ponds
M G+ Ditch improvements
Sub-surface drainage
Sanitary sewers
Trunk and forced lines
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 can/5ot be met.
Signature of Applicant
(If corporation, to be signed by President and attested to by Secreitary,
together with corporate seal.)
Date: . 19
-12-
8e'1.
DEPART. NT OF PLANNING SERVICES
(1 PHONE(303)356-4000 EXT.4400
915 10th STREET
GREELEY, COLORADO 80631
COLORADO
March 18, 1987
Board of County Commissioners
Weld County Centennial Center
915 10th Street
Greeley, CO 80631
Re: Subdivision Improvements Agreement.
Dear Commissioners:
Attached is a copy of the agreement for the required improvements and
collateral agreement for Pherd Himmel P.U.D. , Case 1/5-270. The Weld County
Engineering Department and the Weld County Attorneys' Office have reviewed
this agreement and set forth no objections.
The Department of Planning Services' Staff is recommending that the Board of
County Commissioners authorize the chairman to sign this agreement.
Respeec�ultfull/ ph-'
yy ssubmitted,
A. / �l •A. Schue
Current Planner
KAS:dy
870193
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