HomeMy WebLinkAbout920130.tiff M2309833
RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT AND ACCEPT COLLATERAL - ZADEL
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
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o WHEREAS, by Resolution dated October 23, 1991, the Board granted to Elaine
Zadel Special Review Permit #951, and
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A WHEREAS, as a condition of that approval, the Board is hereby presented
o w with an Improvements Agreement regarding screening and landscaping, and
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o w WHEREAS, the Board is also hereby presented with cashier's check #515370,
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in the amount of $1,250.00 (One Thousand Two Hundred Fifty Dollars) as collateral
for said improvements, and
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N a WHEREAS, the Board deems it advisable to approve said Improvements
N Agreement, as well as accept the above mentioned cashier's check.
i xw NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
N .W7 County, Colorado, that the Improvements Agreement regarding Special Review Permit
o, U #951 with Elaine Zadel be, and hereby is, approved.
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o H BE IT FURTHER RESOLVED by the Board that cashier's check #515370, in the
Hamount of $1,250.00 (One Thousand Two Hundred Fifty Dollars) be, and hereby is,
aaccepted as collateral for said agreement.
co w The above and foregoing Resolution was, on motion duly made and seconded,
co G' adopted by the following vote on the 12th day of February, A.D. , 1992.
cMv � 7 BOARD OF COUNTY COMMISSIONERS
ATTEST: � / WELD CO NTY, COLORADO
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Ciro g Weld County Clerk to the Board
r Geo a Ken dy, airman
7-1 BY: l L jef iZ/f.} '
,
co o4 Deputy Cler to the BoardlC Constance L. Harbert, Pro-Tem
APPROVED AS FORM:
C. W. Kir y- /_`
County Attorney Gord-n H(`LtcyW
C
W. H. Webster
PL0848
920130
pLDsLic cc , F2, Pt1 6? PP
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
THIS AGREEMENT, made and entered into this /9 "day of � *�
q L. by and between the County of Weld, State of Colorado, acting through its Biiard
of County Commissioners, hereinafter called "County", and et_S
o U hereinafter called "Applicant".
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N 0 WITNESSETH:
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o w WHEREAS, Applicant is the owner of or has a controlling interest in the following
O 3 described property in the County of Weld, Colorado:
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Legal Description
o Zadel Special Review
N x All that portion of the SW1/4 of the SW1/4 of Section 34, T4N, R67W of the 6th
N P.M., Weld County, Colorado, lying Northwesterly of the right-of-way for the Union
a Pacific Railroad except the following:
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O1 1 . All road rights-of-way of record
Er) H 2. The Northerly 10 acres thereof
H E 3. The two parcels conveyed to Pearl Johnson by recorded deed in
" a April, 1980 and described in Exhibit "A" to that deed (attached
r, 4.1hereto).
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O 2 WHEREAS, an application and plan for said property, to be known as Zadel
N• a Special Review USR 951 has been submitted to the County for approval; and
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U a WHEREAS, Condition #3 of USR-951 and § 24.4.3 requires Submittal of
a Performance Guarantees guaranteeing the construction of the private improvements
• N shown on plans, plats and supporting documents of the Use By Special Review, which
M N improvements, along with a time schedule for completion, are 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 Services: Applicant shall furnish, at its own expense, all 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. Applicant shall
furnish drawings and cost estimates for improvements within the Special Review
Permit area to the County for approval prior to the letting of any construction
contract. Before acceptance of the improvements within the Special Review
Permit Area by the County, Applicant shall furnish one set of "as-built" drawings
and a final statement of construction cost to the County.
2.0 Construction: Applicant shall furnish and install, at its own expense, the
improvements listed on Exhibit "A" which is attached hereto and made a part
hereof by this reference, according to the construction schedule set out in Exhibit
"B" also attached hereto and made a part hereof by this reference.
2.1 Said construction shall be in strict conformance to the plans and drawings
approved by the County.
2.2 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
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plans and specifications shall be removed and replaced to the satisfaction
of the County at Applicant's expense.
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o 2.3 Said improvements shall be completed under applicant's direction,
m▪ o according to the terms of this Agreement, within the construction schedule
appearing in Exhibit "B". The Board of County Commissioners, at its option,
ca may grant an extension of the time of completion shown on Exhibit"B" upon
c s application by the Applicant subject to the terms of Section 6 herein.
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0 3.0 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
N a account of said design and construction of improvements, and pay any and all
w judgements rendered against the County on account of any such suit, action or
claim, together with all reasonable expenses and attorney fees incurred by County
w 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,
• z employees or otherwise except for the liability, loss, or damage arising from the
• w intentional torts or the gross negligence of the county or its employees while acting
H within the scope of their employment. All contractors and other employees
engaged in construction of the improvements shall maintain adequate workman's
M w compensation insurance and public liability insurance coverage, and shall operate
00 w in strict accordance with the laws and regulations of the State of Colorado
z governing occupational safety and health.
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4.0 Off-Site Improvements Reimbursement Procedure: Deleted
x 5.0 Acceptance •of Improvements by the County: Upon compliance with the
i CO following procedures by the Applicant, the collateral may be released.
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5.1 Upon completion of the construction and the filing of a Statement of
Substantial Compliance, the applicant(s) may request in writing that the
County inspect its improvements and recommend that the Board of County
Commissioners accept the improvements.
6.0 General Requirements for Collateral
6.1 The value of all 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 indicate which of the five types of
collateral he prefers to be utilized to secure the improvements subject to
final approval by the Board of County Commissioners and the execution of
this Agreement. Acceptable collateral shall be submitted and the plat
recorded within six (6) months of the Special Review Permit approval. If
acceptable collateral has not been submitted within six (6) months then the
Special Review Permit approval and all preliminary approvals shall
automatically expire. An applicant may request that the County extend the
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 Special Review Permit 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 improve-
ments 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 of the collateral and take
steps to see that the improvements are made.
4:4 2114 nntdi 411.12.
6.2 The applicant intends to develop in accordance with Exhibits "A" and "B".
7.0 Improvements Guarantee: The five types of collateral listed below are
0 O acceptable to Weld County subject to final approval by the Board of County
Commissioners.
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7.1 An irrevocable Letter of Credit from a Federal or State licensed financial
o w institution on a form approved by Weld County. The letter of credit shall
o 3 state at least the following:
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EA- a The Letter of Credit shall be in amount equivalent of 100% of the
total value of the improvements as set forth in Section 6.0 and
Exhibits "A" and "B".
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N " The Letter of Credit shall provide for payment upon demand to Weld
a County if the developer has not performed the obligations specified
a in the Improvements Agreement and the issuer has been notified of
O1 u such default.
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FThe applicant may draw from the Letter of Credit in accordance with
H the provisions of this policy.
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w - The issuer of the Letter of Credit shall guarantee that at all times the
rn unreleased portion of the Letter of Credit shall be equal to a
a• z minimum of 100% of the estimated costs of completing the uncom-
o pleted portions of the required improvements, based on inspections
o a of the development by the issuer. In no case shall disbursement for
• a general improvement item exceed the cost estimate in the
N m Improvements Agreement (i.e. streets, sewers, water mains, and
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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 Special Review
Permit 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.
7.2 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 the American
Institute of Real Estate Appraisers indicating that the value of the
property encumbered in its current degree 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.
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In the event property other than the property to be developed has
been accepted as collateral by Weld County, then an appraisal is
required of the property by a M.A.I. member of the Institute of Real
Estate Appraisers indicating that the value of the property encum-
bered 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.
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o - A title insurance policy insuring that the Trust Deed creates a valid
in o encumbrance which is senior to all other liens and encumbrances.
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A building permit hold shall be placed on the encumbered property.
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0 x 7.3 Escrow Agreement that provides at least the following:
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The cash in escrow is at least equal to 100% of the amount specified
[u[x] in the Improvements Agreement.
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The escrow agent guarantees that the escrowed funds will be used
xx for improvements as specified in the agreement and for no other
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purpose and will not release any portion of such funds without prior
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• o approval of the Board.
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- The escrow agent will be a Federal or State licensed bank or
a, financial institution.
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m• w - If the County of Weld County determines there is a default of the
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Improvements Agreement, the escrow agent, upon request by the
• z County, shall release any remaining escrowed funds to the County.
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z 7.4 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
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o improvements as specified in the Improvements Agreement.
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7.5 A cash deposit made with the County equivalent to 100% of the value of
w w the improvements.
8.0 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 that the project has been completed in
substantial compliance with approved plans and specifications.
8.1 Following the submittal of the Statement of Substantial Compliance and
recommendation of acceptance of the improvements by the County, the
applicant(s) may request release of the collateral for the project or portion
of the project by the Board. This action will be taken at a regularly
scheduled public meeting of the Board.
8.2 The request for release of collateral shall be accompanied by "Warranty
Collateral" in the amount of 20% of the value of the improvements as
shown in this Agreement to insure replacement of any non-surviving trees
or shrubs.
8.3 The warranty collateral shall be released to the applicant upon final
approval by the Board of County Commissioners no sooner than 1 year
after completion.
9.0 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
0 v land.
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w o IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
ca executed on the day and year first above written.
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0 3 BOARD OF COUNTY COMMISSIONERS
0 w WELD COUNTY, COLORADO
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H CO ATTEST: Lad%
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rn w Weld County- ✓�
o lied-Clerk to the Board
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a Deputy Clerk
M APPROVE AS TO FORM: ,
Ham,
m w BY: 7/ A0974 v County Attorney
APPLICANT:
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BY:
(title)
Subscribed and sworn to before me this /-rday of A
ei/" , 1991.
My commission expires l/ol7/9S •
Nota ublic
',CI ARV.. f;7 C?7 ---Aa -. -
;,i tt Address
SIM,el n
EXHIBIT " A "
Name of Subdivision: Zadel Special Review
Filing: N/A
o o Location: SW 1/4 of SW 1/4 of Sec. 34, T4N, R67W of the 6th P.M. Weld County
`- o Intending to be legally bound, the undersigned Applicant hereby agrees to provide
a throughout this Special Review, the following improvements:
ow
o z (Leave spaces blank where they do not apply.)
fa W
Estimated
° Improvements Unit Cost Construction Cost
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P4
w Street Grading.
Street Base
x Street Paving
e Curbs, Gutters, and Culverts
z Sidewalk
0 w Storm Sewer Facilities
Detention Ponds
wDitch Improvements
M 5 Subsurface Drainage
w Sanitary Sewers - Tap Fee
z Trunk and Forced lines
Nft4 Mains
° r Laterals (House Conneted)
a On-Site Sewage Facilities
On-Site Water Supply and Storage
21 Water Mains
Fire Hydrants
P:1 w Survey & Street Monuments & Boxes
Street Lighting
Street Name Signs
Fencing Requirements
Landscaping - Including Erosion Control and Screening $1250.00
Park Improvements
SUB-TOTAL $1250.00
Engineering and Supervision Costs - 0 -
__(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 $ 1,250.00
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".
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Signature of Appl'rcyzfit
(If corporation, to be signed by President and attested to by Secretary, together with
corporate seal.)
Eat 774
EXHIBIT "B"
Name of Subdivision: Zadel Special Review
Filing: N/A
Location: SW 1/4 of SW 1/4 of Sec. 34, T4N, R67W of the 6th P.M. Weld County
Intending to be legally bound, the undersigned Applicant hereby agrees to construct the
o u improvements shown on the Special Review Map.
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C° All improvements shall be completed within one (1) year from the date of approval
ca of the Special Review.
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Construction of the improvements listed in Exhibit "A" shall be completed as
• w follows:
8 (Leave spaces blank where they do not apply.)
w
x Improvements Time For Completion
WStreet Grading
N I-1
Street Base
▪ Street Paving
o H Curbs, Gutters, and Culverts
• H Sidewalk
a Storm Sewer Facilities
M a Detention Ponds
c w Ditch Improvements
z Subsurface Drainage
N Sanitary Sewers - Tap Fee
Trunk and Forced lines
w Mains
x 0 Laterals (House Connected)
N in On-Site Sewage Facilities •
Lf1• N On-Site Water Supply and Storage
Water Mains
• w
Fire Hydrants
Survey & Street Monuments & Boxes
Street Lighting
Street Name Signs
Fencing Requirements •
Landscaping - Including Grading November 15, 1992
Park Improvements
Parking, etc.
Entrance Asphalt Apron
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.
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Signature of Applicant'
0 17 np
First National
Longmont 8-6z
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/ ""'°ON180,209O°gm°°' CASHIER ' S CHECK 5� 5370
Main S.pp.eaakof Co„bPW
Longmont Coluaao 80502 0209
February 4, 1992
Remitter: JOAN ZADEL / FOR GEORGE A EXa TLYC1,25odolsOOcts
ELAINE ZADEL SPECIAL REVIEW
(S mu
****i One thousand two hundred fifty dollars and no cents
ITO/THE SE 0000515370 Br 001 Op SLR
ORDER OF ***WELD COUNTY***
/ Void if over $1,350.00
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""' SL5370ii' u: LO7000628i: i9 9SOBH'
e;:'01,71
/,6,, mEmORAnDUm
vine Board of County Commissioners February 11, 1992
To Da
Keith A. Schuett, Current Planner
COLORADO From
Improvements Agreement for USR-951, located on part of the SW4
Subject:
SW4 o Section , R o t o t Y.M. , weld County,
Colorado.
The attached improvements agreement is submitted to comply with Condition of
Approval #4 B. The Improvements Agreement covers the screening and the soil
erosion control plans.
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