Loading...
HomeMy WebLinkAbout911487.tiff AR2285475 RESOLUTION RE: APPROVE SUBDIVISION IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS AND ACCEPT PERFORMANCE BOND IN THE AMOUNT OF $128, 150 - FLATRION STRUCTURES COMPANY/AZALEA FARMS, LIMITED K7 0 WHEREAS, the Board of County Commissioners of Weld County, Colorado, coo Co pursuant to Colorado statute and the Weld County Home Rule Charter, is vested N CO with the authority of administering the affairs of Weld County, Colorado, and ti xl n WHEREAS, a Site Specific Development Plan and Planned Unit Development o Plan, First Filing, was approved by the Board by Resolution dated July 31, 1991, 2 N for Flatiron Structures Company, and 2 00 Lo KJ -c t] J G N WHEREAS, Condition of Approval //la requires a subdivision improvements agreement be executed and collateral for said improvements be accepted by the N• C5 Board of County Commissioners, and H N zCO WHEREAS, the Board has been presented with a Subdivision Improvements r N Agreement According to Policy Regarding Collateral for Improvements with Flatiron Structures Company/Azalea Farms, Limited, and N• I—. u, WHEREAS, the Board has also been presented with Performance Bond No. 400GR • J 8424, in the amount of $128, 150.00, with St. Paul Fire and Marine Insurance o Company being Surety, and to Zo WHEREAS, after study and review, the Board deems it advisable to approve get; said agreement and accept said bond. r b n NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, the Subdivision Improvements Agreement According to Policy n off Regarding Collateral for Improvements with Flatiron Structures Company/Azalea ° u Farms, Limited, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that Performance Bond No. 400GR 8424, in the amount of $128, 150.00, be, and hereby is, accepted. PL0814 911487 P) 5' PI Lam. feP/ f= ( c. N )� At, Page 2 RE: SUBDIVISION IMPROVEMENTS AGREEMENT - FLATIRON The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D. , 1991. ATTEST: M4e17 BOARD OF COUNTY COMMISSIONERS WELD COUNT , ORADO Weld County Clerk to the Board Gordo c , rman r7/7/ BY: W- Deputy Cl rk to the Bzzri c Ge ge Ken dy, Pro-Tem APPROVED AS FORM: EXCUSED DATE OF SIGNING - (AYE) Constance L. Harbert N W e7 ���/c�r"���� m w LAJ ounty Attorney C. W. Kirby ! W lexixd W. H. Webster 0 'y N Z N zco N V) tzl J a Q v+ b7 V) CA• O H a t9 � H N zCO ['� N tj] N• r ,p [s7 n O A d til -EA roo S o to o r r7 n O N o O vi 911487 IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS / THIS AGREEMENT, made and entered into this it ---day of �2-c-P�bV , 1191 , by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County", and Flatiron Structures Company/Azalea Farms , Limited 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: Refer to Exhibit "C" attached hereto and incorporated by reference herein. ftl m it, r mw LO la) 1I u�4 1991 I 73 r) k O Z Ni zco u, 1/40 WHEREAS, a final subdivision plat of said property, to be known as � -4 C to Flatiron Planned Unit Development m has been submitted to the County for approval; and y as tr --- WHEREAS, Section 11-1 of the Weld County Subdivision Regulations Z m provides that no final plat shall be approved by the County until the no rN Applicant has submitted a Subdivision Improvement Agreement guaranteeing the � x construction of the public improvements shown on plans, plats and supporting � an — documents of the subdivision, which improvements, along with a time schedule t for completion, are listed in Exhibits "A" and "B" of this Agreement. n O NOW, THEREFOR£, IN CONSIDERATION OF the foregoing and of the acceptance WV and approval of said final plat, the parties hereto promise, covenant and Vj o agree as follows: E 0 to O 1 .0 Engineering Services: Applicant shall furnish, at its own expense, all p engineering services in connection with the design and construction of e w the subdivision improvements listed on Exhibit "A" which is attached o n I-, hereto and made a part hereof by this reference. O v 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. 1.3 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 .91_AS" 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 Zto hereto and made a part hereof by this reference, according to the o r m construction schedule set out in Exhibit "B" also attached hereto and w U1 a made a part hereof by this reference. 3.1 Said construction shall be in strict conformance to the plans and �y n �C drawings approved by the County and the specifications adopted by • ro the County for such public improvements. Whenever a subdivision z m u, is proposed within three miles of an incorporated community • J located in Field County or located in any adjacent county, the Applicant shall be required to install improvements in accordance H c> with the requirements and standards that would exist if the plat H• N Z CO were developed within the corporate limits of that community. If n ko the incorporated community has not adopted such requirements and • n' standards at the time the subdivision is proposed, the x " requirements and standards of the County shall be adhered to. If ° p r�l J both the incorporated community and the County have requirements n and standards, those requirements and standards that are more 2 d restrictive shall apply. t o 3.2 Applicant shall employ, at its own expense, a qualified testing z o to 0 company previously approved by the County to perform all testing d of materials or construction that is required by the County; and n O � shall furnish copies of test results to the County. 0 3.3 At all times during said construction, the County shall have the g 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. Refer to Attachment A for Section 4.0 4.0 Release of Liability: Applicant ohall indemnify and hold ha.-ro4re the free, a..} a..d all liability 1--a and damage county may 'Duffer a- a rosult of all suite, actions or elaimo of every nature and decoription sauced by, arising from, or on account of said design and construction cf improvements, and pay any and all judgmento rendered against the County- on account of any eueh suit, aetion or claim, 2 CA:}_�c Ail—' r^g-Fh-r with all reaccnable expenses and attorney feea incurred Li County in defending such suit, aetion or -claim whether the liability, loco or damage is caucad by, or aricoc out cf th- negligence s-f court* or itc officers, agentr, emplcyeec or otherwise cxccpt for tho liability, loss, or damage arising from the intentional torts or Cho gross negligence of tha county or ite employees while aeting within the 'scope of their employment. All contractors and other employees engaged. in eonstructioa of tha improvomento shall maintain adequate workman's compensation insurance and public liability incuraneo coverage, and - ahall operate in ctriet accordance with the laws and regulationo of the o � State of Colorado governing occupational oafoty and health. co w w w rn 5.0 Off-Site Improvements Reimbursement Procedure: The subdivider, a applicant , or owner may be reimbursed for off-site road improvements as g nz provided in this section when it has been determined by the Board of o > N County Commissioners that the road facilities providing access to the z CO subdivision are not adequate in structural capacity, width, or Ztu J functional classification to support the traffic requirements of the a o uses of the subdivision. m o H a 5.1 The subdivider, applicant, or owner shall enter into an offs-site f N Z co improvements agreement prior to recording the final plat when the _ n subdivider, applicant, or owner expects to receive reimbursement g N for part of the cost of the off-site improvements. N u, 5.2 The off-site improvements agreement shall contain the following: 2" ; - The legal description of the property to be served. J n - The name of the owner(s) of the property to be served. O 0 - A description of the off-site improvements to be completed by t Po the subdivider, applicant, or owner. c - The total cost of the off-site improvements. r o C7 - The total vehicular trips to be generated at build-out by the n subdivision, or resubdivision, as specified by the ITE Trip O Z: 0 Generation Manual, or by special study approved by the Board 0 ,ILT,' of County Commissioners. - 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 O1r 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 resubdlvisicn plat. 5.5 The amount of road improvement cost to be paid by the subsequent W subdivider, applicant , or owner of a subdivision or resubdivision o r CO CO using the road improvements constructed under a prior improvement coca agreement will be based upon a pro rata share of the total trip impacts associated with the number and type of dwelling units and n K square footage and type of nonresidential developments intended to No use the road improvement . The amount of road improvement cost z m shall also consider inflation as measured by the changes in the J Colorado Construction Cost Index used by the Colorado Division of • v Highways. The cost of road improvements may be paid by cash H contribution to the prior subdivider, applicant or owner or by H N zm further road improvements which benefit the prior subdivider, C] io applicant, or owner's property. This decision shall be at the sole discretion of the Board of County Commissioners based upon x - the need for further off-site road improvements. a" - 5.6 The report entitled TRIP GENERATION (Third Edition, 1982) of the institute of Transportation Engineers shall normally be used 0 for calculating a reasonable pro rata share of the road CO-64 u o improvement construction. costs for all subdivisions or o o resubdivisions. A special transportation study shall be used for d land uses not listed in the ITE Trip Generation Manual. Any n question about the number of trips a subdivision or resubdivision 0 will generate shall be decided by the County Engineer. n ~ o � 5.7 The term for which the subdivider, applicant, or owner is entitled to reimbursement under the off-site improvements agreement, entered into between the subdivider and the county, is ten years from the date of execution of a contract for road improvements. 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 01 4, 4 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 X m County. Partial maintenance consists of all maintenance except CO w co a for actual repair of streets, curbs and gutters, and related co street improvements. Not sooner than nine months after acceptance t tTi k n for partial maintenance of streets, the County Engineer shall, 0 upon request by the applicant , inspect the subject streets, and Z N Zco notify the applicant(s) of any deficiencies. The County Engineer X to shall reinspect the streets after notification from the a ul applicant(s) that any deficiencies have been corrected. If the X mo County Engineer finds that the streets are constructed according � to County standards, he shall recommend acceptance of streets for z co full maintenance. Upon a receipt of a positive unqualified r Lo recommendation from the County Engineer for acceptance of streets X X within the development, the Board of County Commissioners shall u, o .. accept said streets as public facilities and County property, and M --1 t+7 shall be responsible for the full maintenance of said streets including repair. a 7.0 General Requirements for Collateral: X o 7.1 The value of all collateral submitted to Weld County must be � o r equivalent to 100% of the value of the improvements as shown in t7 this Agreement. Prior to Final Plat approval, the applicant shall p --1 indicate which of the five types of collateral he prefers to be o no utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement . Acceptable collateral shall be submitted and the plat recorded within six (6) months of the Final Plat approval. If acceptable collateral has not been submitted within six (6) months then the Final Plat approval and all preliminary approvals shall automatically expire. 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 IOC% 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 E,. & i 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 filings of a Planned Unit Development Plan or Final Plat Subdivision. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request forco w w w Release of Collateral. VD a 7.3 The applicant intends to develop in accordance with Exhibits "A" 0 and "B". '< 0 8.0 Improvements Guarantee: The five types of collateral listed below are > n acceptable to Weld County subject to final approval by the Poard of z m h7 VD County Commissioners. q 8.1 An irrevocable Letter of Credit from a Federal or State licensed m o financial institution on a form approved by Weld County. The q \ tri letter of credit shall state at least the following: H zM The Letter of Credit shall be in an amount equivalent of 1007. C � 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 a _ � v Weld County if the developer has not performed the o obligations specified in the Improvements Agreement and the O issuer has been notified of such default. M o - The applicant may draw from the Letter of Credit in c o r accordance with the provisions of this policy. ty - The issuer of the Letter of Credit shall guarantee that at o co all times the unreleased portion of the Letter of Credit o shall be equal to a minimum of 1007, of the estimated costs of O Ln 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 157 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 6 O. 1f s -a 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 W as collateral, an appraisal is required of the property in co w the proposed development by a disinterested M.A.I. member of o the American Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current o degree of development is sufficient to cover 1007 of the cost Z • u of the improvements as set forth in the Improvements Im] [17 -4 Agreement plus all costs of sale of the property. a v+ In the event property other than the property to be developed • o H a has been accepted as collateral by Weld County, then an H N appraisal is required of the property by a M.A.I. member of z \ n o the Institute of Real Estate Appraisers indicating that the N value of the property encumbered in its current state of x H development is sufficient to cover 1007 of the cost of the an - improvements as set forth in the Improvements Agreement plus n all costs of sale of the property. 0O - A title insurance policy insuring that the Trust Deed creates A7 0 a valid encumbrance which is senior to all other liens and o encumbrances. M 0 r 0 - A building permit hold shall be placed on the encumbered C1 O mo property. 0 8.3 Escrow Agreement that provides at least the following: Oo - The cash in escrow is at least equal to 1007 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. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to 1007 of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to 1007 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 7 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 per Colorado Department of Highway Schedule for minimum materials mto sampling, testing and inspections found in CDOH Materials Manual. CO CO � w 9.3 "As built" plans shall be submitted at the time the letter �., ,P requesting release of collateral is submitted. The Engineer shall � 7d n certify that the project "as built" is in substantial compliance • o with the plans and specifications as approved or that any material > N Z m deviations have received prior approval from the County Engineer. • co 9.4 The Statements of Substantial Compliance must be accompanied, if C --a appropriate, by a letter of acceptance of maintenance and • o responsibility by the appropriate utility company, special I-3 \ H N district or town for any utilities. H• OO 9.5 A letter must be submitted from the appropriate Fire Authority • N - indicating the fire hydrants are in place in accordance with the H approved plans. The letter shall indicate if the fire hydrants v are operational and state the results of fire flow tests. M 9.6 The requirements in 8.0 thru 8.5 shall be noted on the final construction plans. d 9.7 Following the submittal of the Statement of Substantial Compliance m o and recommendation of acceptance of the streets for partial • o r maintenance by the County, the applicant(s) may request release of d the collateral for the project or portion of the project by the 0 o c, Board. This action will be taken at a regularly scheduled public o O u+ meeting of the Board. 9.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of 107 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 1"5, y 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 Ccunty 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 ,i to deed restrictions as open area, the maintenance of which shall be o CO w a specific obligation in the deed of each lot within the t -IL) subdivision. t 10.3 In lieu of land, the County may require a payment to the County in k n an amount equal to the market value at the time of final plat > n� zN submission of the required acreage as determined according to z g; Section 8-15-B. Such value shall be determined by a competent t,y � C � land appraiser chosen jointly by the Board and the Applicant. The cash y a m --- collected shall be deposited in an escrow account to be expended z m for parks at a later date. n o ✓ N 11.0 Successors and Assigns: This Agreement shall be binding upon the M N heirs, executors, personal representatives, successors and assigns of tri Q, - the Applicant, and upon recording by the County, shall be deemed a • J covenant running with the land herein described, and shall be binding n O upon the successors in ownership of said land. W IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be t o executed on the day and year first above written. Z o BOARD OF COUNTY COMMISSIONERS r C7 WELD COUP 1 , C LORP.DO n r O � 0 / nLn O Ln 0*" F / ,� ATTEQ�f(Hr? n Weld4opnty C1;e,Yk.to theAdard BY: � Deputy """" Clerk is a3 PROVED A TO FORM: a See-c:1%. County Attorney APPLICANT: Flatiron S ructures Company �� BY: MeaCcikava -- /�a— itlje�`CT`�� 19�r�. Subscribed and sworn to be o e me this day of 4! My commission expires: 61 r(7/ N73_4 v No It _ub1 c 2"� 1 �r 9 `' EXHIBIT "A" Name of Subdivision: Flatiron Planned Unit Development Filing: 1 Location: N.E. of intersection of Weld County Road 22 and East I-25 Frontage Road 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.) ni ea co r Estimated 0o w ,b w Improvements Unit Cost Construction Cost w a t to Street grading K n Street base m • N Street paving z N Curbs, gutters, and culverts z m Sidewalk M 1O • J Storm sewe' acilities C un Retention n ads and grading $2.62/CY $61,500 m W Ditch improvements rn O Subsurface drainage M• ---- Sanitary sewers _ Z � Trunk and forced lines � Mains t" N Laterals (house connected) m On-site sewage facilities x r On-site water supply and storage a La Water mains '1' X J Fire hydrants n Survey b street monuments G boxes O Street lighting _ X C Street name signs bi c Fencing requirements Landscaping $10.00/LF $51,100 z o Park improvements d Pa8b9 $17,850 C yse(,/L 22. is A SPIpo,!'r.lC AHfCC/M.t o Ni SUB-TOTAL / $130,450 . Ni - O oh- Engineering and Supervision Costs $15,550 O L+ (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 $ 6146;000 1211) 776 1113-O/11 ky Q64, The above improvements shall be constructed in accordance with al County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. 1,,1C7 `'`1, %�;,...., pH improvements shall be completed according to the construction schedule •fig y npetnit in Exhibit "B". t %IC{ 4 s •• i y-c ' t >4.44. Signatur ant 'I f Y t t (If corporation, to be signed by President and attested to by Secretary, ` , 0 i p,tlogether with orporate seal.) r (4 7: /4 4 C.' , icy Date: U eGPirrl6 e{'- /7 , 19 7/ . , ei if R . i EXHIBIT "B" Name of Subdivision: Flatiron Planned Unit Development Filing: 1 Location: N.E. of Intersection of Weld County Road 22 and East I-25 Frontage Road Intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvements shown on the final subdivision plat of Flatiron Planned Unit Development Subdivision, dated , 19 , Recorded on , 19_, in Book , Page No. Reception. No. , the following mm schedule. o r All improvements shall be completed within * years from the date of a co approval of the final plat. *Conditional upon increased operations and need for '' x future developments. ti Construction of the improvements listed in Exhibit "A" shall be completed z n K as follows: o y to 7. N (Leave spaces blank where they do not apply.) z co ul M1/4:, th J LP Improvements Time for Completion. M CD H a Street grading _ to '"-- H N Street base z co Street paving --- n v, Curbs, gutters, and culverts r N Sidewalk a Storm sewer facilities x " vi Retention ponds and grading January 1, 1993 0 Ditch improvements x � Subsurface drainage to n Sanitary sewers O Trunk and forced lines a Mains to• b' % o Laterals (house connected) On-site sewage facilities Z o0 On-site water supply and storage r a water mains Fire hydrants p co Survey & street monuments & boxes ` � 0 Street lighting n I- Street name signs o Fencing requirements Landscaping phase 1 - May 1. 1992: Phase 2 - January 1 ' 199'i Park improvements Pave Weld County Road 22 Refer to Separate Improvements Agreement 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 Zvi CT$bPve, upon a showing by the Applicant that th a ule cannot be met. , .1. ` �„ Signature o Applicant i: 1.)� .1..\, SA 6 .". t, v' % t I ••• . C�1•.0......corporation, to be signed by President and attested to by Secretary, together wit cprporate seal.) / 11 Date: )Cc_evnLe-(' /// 19 �/ . I/ EXHIBIT "C" LEGAL DESCRIPTION A tract of land in the West 1/2 of the SW 1/4 of Section 11, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado described as part of the tract described in the Warranty Deed to AZALEA FARMS, LIMITED, a Colorado limited partnership, recorded in Book 931 at Reception No. 1852633, recorded March 31, 1989, and Parcel 1 and Parcel 2 described in the Warranty Deed to FLATIRON STRUCTURES COMPANY, recorded in Book 1208 as Reception No. 02154643, recorded September 8, 1988, more particularly described as follows: in to o r Commencing at the Southwest corner of said Section 11 marked by a #5 rebar, from 4, w which the West 1/4 corner of said Section 11 bears NOO°29'39"E 2667.82 feet; "' '' t Thence S89°40'01"E 50.00 feet along the South line of said Section 11 to the z n Easterly right-of-way of the I-25 Frontage Road and the Southwest corner of said K o tract described in Book 931 at Reception No. 1852633 and the POINT OF BEGINNING; z ti )) z � Thence N00°29'39"E 172.01 feet along said East right-of-way and parallel with the .° West line of said Section 11 to a #5 rebar with Cap L.S. 13482; c N Thence N05°45'33"E 354.17 feet along said East right-of-way of I-25 Frontage Road ?„; o to the Northwest corner of said Parcel 1, Book 1208, Reception No. 02154643 y al, marked by a #5 rebar with a 2" diameter metal cap L.S. 13482; z N> Thence S86°43'50"E 660.40 feet along the North line of said Parcel 1 to a line r N that is parallel with and 660.00 feet East of (at a right angle) from said East right-of-way of I-25 Frontage Road and marked by a #4 rebar; x Thence N05°46'22"E 2143.75 feet along said parallel line to a corner described in said Tract described in Book 931 at Reception No. 1852633 marked by a 1 1/2" diameter metal cap on a steel pin L.S. 10385; o x Thence N00°11'00"E 7.01 feet to the Northwest corner of said Tract described in m b, Book 931 at Reception No. 1852633 marked by a 1 1/2" diameter cap on a steel pin z L.S. 10385; z o tn Thence S89°31'31"E 343.29 feet along the North line of said Tract described in Book 931 at Reception No. 1852633 and parallel with the North line of said West o 1/2 of the Southwest 1/4 of Section 11 to a point in an existing fence line marked by a #5 rebar with yellow plastic cap L.S. 13482; o � Thence S00°04'08"W 2631.05 feet along said fence line and its south extension to the South line of said West 1/2 Southwest 1/4 of Section 11 marked by a #5 rebar with yellow plastic cap L.S. 13482; Thence N89°40'01"W 1252.13 feet along the South line of said West 1/2 of the Southwest 1/4 to the POINT OF BEGINNING; Subject to easements and rights-of-way of record and as existing on the ground. Contains 36.326 acres, more or less. 01 fi ATTACHMENT A 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County and Its agents and employees from and against claims, damages, losses, and expenses arising out of or resulting o mw LO from performance of the design and construction of improvements, provided that such claim, ONa damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury Z to or destruction of tangible property (other than the improvements themselves) but only to the • n 0 extent caused in whole or in part by negligent acts or omissions of Applicant, its Contractor, a z N co Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they z � vp may be liable. Where the County and Applicant are both adjudicated negligent, Applicant shall to � im not be obligated to pay that portion of any claims or judgments adjudicated against the County. m • o If any suit, action, or claim arises out of the negligence of both the County or its employees and y � VI Applicant, or anyone for whose acts Applicant is liable, and Applicant's negligence is adjudicated z CO to exceed the percentage of negligence attributed to the County by a court of competent n ✓ n jurisdiction, then Applicant shall pay to County that portion of the County's reasonable expenses r and attorney fees incurred to defend such suit, action, or claim which equals the percentage by x .. which Applicant's negligence exceeded the County's negligence. For example, If County is .o. tzl adjudicated to be 40 percent negligent, and Applicant Is adjudicated to be 60 percent negligent, o Applicant would pay 20 percent of the County's reasonable expenses and attorney fees. If the o liability, loss, or damage arises in part or in full from the intentional tort or gross negligence of �o the County or its employees, Applicant shall not be obligated to pay any portion of the County's c r reasonable expenses and attorney fees. e (� r O to O n r O t-n BOND NO. 400GR 8424 PERFORMANCE POND KNOW ALL MEN BY THESE PRESENTS : That FLATIRON STRUCTURES COMPANY Name of Contractor P.O. Lox 2239, Tangmont, CO 80502-2239 Address of Contractor a Corporation , hereinafter called Principal , and Corporation, Partnership, or Individual cm PAUL FIRE AND MARCN INSURANCE COMPANY Name .of Surety 12250 East Iliff Avenue #400, Aurora, CO 80044-1565 Address of Surety hereinafter called Surety, are held and firmly bound unto THE BOARD OE WELD COUNTY COMMISSIONERS , 915 10th Street, Greeley, Colorado 80632 , hereinafter called County, in the penal sum of ONE HUNDRED TWENTY EIGHT THOUSAND ONE HUNDRED FIFTY AND NO/100 Dollars ($ 728.150.00 ) in lawful money of the United States , for the payment of which sum well and truly to be made , we bind ourselves , successors, and assigns , jointly and severally , firmly by these presents . THE CONDITION OF THIS OBLIGATION is such that whereas , the Frin ipial entered into,"\a certain Contract with the County, dated the r r53 day of �(�Qqy 1991, a copy of which is attached and made apart hereof for the construction of: Onsite Improvements, landscaping and grading NOW, THEREFORE, if the Principal shall well, truly and faithfully perform ics duties , all the undertaking, covenants , terms , conditions , and agreements of said Contract during dte original term thereof, and any extensions thereof which may be granted by the County, with or without notice co the Surety and during the one year guarantee period, and if he shall satisfy all claims and demands incurred undet such Contract, and shall fully indemnify and save harmless the County from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect . 14 91 1 8" BOND N0. 400GR 8424 PROVIDED, FURTHER, thaq the said Surety, for value received hereby stipulates and agrees that no charge, extension of time, alteration or addition to the terms of the Contract or to work to be performed thereunder or the apec'ifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice 'of any such change , extension of time , alteration or addition to the terms of the Contract of the work or to the spec1ficacions . . PROVIDED, FURTHER, thdt no final settlement between the County and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. it ?ic(� IN WUNESS WHEREOF, this instrument is executed on (A_) — day of g )O.(10 nh A t:/L , 19(9l. EST FLATIRON STRUCTURES COMPANY ATT ST: ( Principal Principal S retary +fr-5( BY ROMAC - C134 OWC.V(S) (SEAL) �(�i�� E - �-0-xP AAL P.O. Box 2239 Witness as co Pricipal JI Address Longmont, CO 80502-2239 Address ' ATTEST: r , , �f ST. PAUL FIRE AND MARINE Surety Secretary ' ✓ INSURANCE CEMPANY Surety (SEAL C2 By Witness as co Sur.ec, V Ac r n c. DiLynn c Guern 1224 Wadsworth Blvd. Lakewood. CO 80715 12250 E. I1iff Avenue $400 Address Address Aurora, CO 80044-1565 NOTE: Dace of bond must not be prior to data of Contract. If Contractor is a partnership, all partners should execute bond. IMPORTANT: Surety Companies executing bonds must appear on the Treasury Department' s most current List (Circular 570 as amended) and be authorized co transact business in the state where the project is located. 20 BOND NO. 40008 8424 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS : That FLATIRON STRUCTURES CCMPANY Name of Contractor P.O. Box 2239, Longmont, CO 80502-2239 Address of Contractor a Corporation _, hereinafter called Principal , and Corporation, Partnership or Individual ST. PAUL FIRE AND MARINE INSURANCE COMPANY . Name of Surety 12250 East Iliff Avenue 4400, Aurora, CO 80044-1565 Address of Surety hereinafter called Surety, are held and firmly bound unto THE BOARD OF WELD COUNTY COMMISSIONERS , 915 10th Street, P.O. Box 752 , Greeley, Colorado S0672 , hereinafter called County, 1n the penal sum o£ -ONE HUNDRED TWENZY EIGHT THOUSAND ONE HUNDRED FIFTY AND NO/100 Dollars (S ---128,150.00 ) in a lawful money co the United States , for the payment of which sum well and truly to be made , we bind ourselves , successors , and assigns , jointly and severally, firmly by these presents , THE CONDITION OF THIS OBLIGATION is such that whereas , the Principal entered inso a certain Contract with the County , dated the ,;--.?: = day of j_U.1 `O , 1991, a copy of 'which is, hereto attached and made a part hereof for the construction of: Onsite Improvements, landscaping and grading NOW, THEREFORE, if the Principal shall, during the entire length of said Contract end any extension thereof, promptly make payment to all persons , firms , subcontractors , and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Contract, and any authorized extension or modification thereof, including all amounts due for materials , lubricants, oil , gasoline, coal and coke , repairs on machinery, equipment and tools , consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, porformod in such work Whether subcontractor or otherwise , then this obligation shall be void; otherwise to remain full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change , extension of time, alteration or addition co the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on time , alteration or addition to the terms of the Contract or to the work or co the specifications . 21 BOND N0. 400OR 8424 ' PROVIDED, FURTHER, that a final settlement between the County and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in 3 (number) . counterparts , each one of which shall be deemed an original , this the ‘77,31±5day of /I� P{ Q�1Lk1i�,� , 1991 . FLATIRON STRUCIURES CCIMPANY C-1--- rincipal ATTEST: r n Pr(iad'ip'S\ Sec etary sit (SEAL) E,�CL v�- P.O. Box 2239 Witness as to Pr ncipal Address Longnont, CO 80502-2239 Address ST. PAUL FIRE AND MARINE INSURANCE COMPANY Surety ATTEST: CaBY/01) ace.�f. Witness as to Surety A 20 in DiLynn Guern , 1224 Wadsworth Blvd, Lakewood. CO 80215 12250E. Iliff Ave. '4400 Address Address Aurora, CO 80044-1565 NOTE: Date of bond must not be prior to date of Contract . If Contractor is a partnership , all partners should execute bond. IMPORTANT: Surety Companies executing bonds must appear on the Treasury Department' s most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. 22 01-4 /511,9 - ,.-1 4517111111 - � 111 Si. PAUL LIRE AND MAILIN,t INSURANCE (:UMIAtNk yR IFIC IEIlF. r- g RS Washington Street,SC;Paul Minnesota 02�1) i ' )1' II IAUTH R1TY NO 1 I , ill 1' 1 I I( (' I ((1 111((1 ( II ' ;!II II I ,,1 1 V( III , (II 1 i;Hif c1 1 1 �1 \1 11 Qll For eul k:aim of the authenticity of this Power of Att orn you may telephone loll free9 Rn28 2189 amid ask f or j q 111 1t)1,), Itil I int / I' J IJ .� �IA )U L,, the Power of Attorney Clerkt'8lease refer to the 4crtiMiwlG o)Authonty,.No arid the,nami 'ndn idu;d(s) , 1 �� ' 1 I'. Ir )IIIiii? II)I ! Jiil 1(Iil 'i(( II III Ili1 ll(h I li = 1 I li (I (I(I r, I„ 1 (111 1. GLNERAL)P,OWER OIMITORNEY ,CERTIFIED,COPY/ I'llp llllfigill'rl' r (Original6'aFildlat!HombOffiee(bf Company See eltificAnon )'11 1i Ill ) q) 1 1 y 111, Ir )I1111)01);) ill 00 1 )f)I 0)1))1 wi I ) I 1,'' ! ' I)( i, I I) //:,III ) N, 4,'n 'i KNOW ALL MEN BY.THESE PRESEN F .That sit Pahl Fire and Mariner Company,la'corp bi ganlzed and existing under the'laws of the,) State of Nlinnesot a,having its principal office in the'Cily of St flaul MinneSti a does hereby conshtuipand appmnt ! u ( I( 11 kl 1111 (1111 !'Ili I i,I'1 t,c ci 11 . , i II nl(I�l( )Y ,,I Y,l'A 111,1ill 1 1 II 1'' ! � 1 I I I1 1 11 111 1 }, 1 1, I) 11 Don R. Broyles,' Fran CI:((Penn,, Kathryri KIJC Shanks I' DiLynn Guernl; Lisa Mart11LL,(In IL CIL i'.Ii 1,ill,I n II Kevin P. Lorenz - P sa J Hansen individually-, I LakewoodillLColorado II 111�11n ill 1111 Ili('h ! 1o, 111111 I)�t)I)) Ilt \t tit 1(1'111) 1 'I�1A Il Lo 1 1 111 1 111 � )L)Lor )' .III II '' Il ,) li ( \1 I ( LiLL) 1 I Inn III 1( (I(ll 1(il II i'II II ( I 'I IIII VIII, it ,I, li IIIIII \,, )� i A ,�1 (� , I,,I 111 In `� ��� 1 '�' 'Ili( \,�li )0\ 1 1 ) ) � Wahl I 1 )1,! 1 1 ,) 11 ,� I 1u1 Ill;.. I I` 11 111 1 ,,,L,,,, Ilhlii(lili((Illl,l III IIII1)II1(11(11111��1((I Iltil liiulllll I �� (CII iu� ( r IIIC Oi CC CCSccc 1D , l v 111 1 1 1 � �� � ii �� � 1)11 1111 h 1 its true and lag t ulatali'ney(S) In-laCllo execute,ae.'d and deliver for alldunits behalf as suiety,,,an}anda ,ond and undertakings tecogur 11. r'y nlrae151of, indemnity and other writings obligatory m the nature thereof,which are or maYibe allowed,required or¢ermined by law'statute,rule,regulanbn;l bntraef$G) otherwise llil(Ilthi n ,1 I IIII Ili i',' filklki illtI)Iil1 (H I'll (yll k likliilllyl1 11 li I I( „ (Ill 11 II ,1 llilnilili , I'1 IIIIII�11 ,iuil r' 1 11 (I ((()I'll(((I( � � 1111 i �l �n 11 �!i NOT TO EXCEED IN PENALTY DIE SUM OF 'S'MENU, FIVE, MIIiI (1$25,000,000) EACti (1, (( I( ( 11 li. IIII,c1 1 1 Ii o 1,(ln o, V l 1 ) II \,(,) Il�� 1 11111 1 ` 1111 I 1 ! 1 I. (l 1111 1�( II 1 nil (�Il if:Luc,. III I( II(Ill Ili �1�(1 Ic ( i !111,1)cV (� 1((�1 l(11I.I.1 �Y and the execution of all such instrument(s)in pursuance of theSe presents thall,Be as binding upon sardSi Paul ire and Alarme Insurane4 'bran yt I 0 and amply,to all intents and purposes,.as if ihesame had been duly executed and acknowledged by its re Ularlglelected'loffiders at hs',Prinlai'lbf 6 II Iii IIII n'n g�I nl yll 1 ',i ( 6litli.(, it iyla, ((i III I((II: 1(I Ir I III ,n ILIA 1. I IIIl1 { This Power of Attorney is executed, and may bey certified to and may be,tevoked pursuant to and by,a thou of Article V,-Sec�ion 6( adopted b the Shareholders of ST.PAUL FIRE AND MARINE INSURANCE COMPANY at a meeting Failed and Belton,the 28th clay Oft �r 'J 1978 of 1 which the following is a true transcript.of said Section6(C) ,Ii, ,I) � 'Ito')11A II II ),!„ ltyt) II !i\ 1i1 ))u I(n!)' 1111 � 11 ' �I 1 Ii((lill 11 I i iI"i(I /I'IIi� MIIII, II(� I I13(III,l I(1�I'I(I�1, II ii lHOl(�� ( I (111 t �,, "The President or any Vice President,Assistant Vice,President rSecretary,or Service Center Genera Manager shall have power. nCCCC huth666rd� �) ) �t 1 'lb appoint Attorneys-inject;and to:authorize them to azequle on behalf of the COrnPany and attach the Seal'bf lhe(dortlpa I ret I ( ) bond sand undertakings,recognizances,Contracts)of ihdeniiuty and other writings ob)igatorylin the nature thereof ali8� l ))I�i1'') l� )J (2) To appoint Special Attorneys-in+(act,who are hereby autliorized to eertify to copieslbbP any pbvier-ot attorney i'ssubd)rn') nrsu�ncl�)o tli 0 section and/or any of the By Caws of the Companyi andl)Ill) !11 IllIth, 1 )))!;),'))))/V)//,',”,'' 'i I) )(7 /iIII!11(( i? `iti(l i(((2 (3) lb remove,at any time,any suehAttorney-in-factorSpediallib.ttoineyrnifaclandrevoke the anthoeitygiven him,' , 1, i1 j1 i! )) 1)y•1 I u 1, , ,, 1 ! 1 y,' Further,this Power of Attorney is signed and sealed by facsimile pursuant tosesoluuon of the Board of Directorslof said Company adopt la(d meeun�duly.�1, called and held on the 5th day of May,1959 oflwh)eh the followingrs iotrue lezelerptl (1'!1 ,li ,I liil IIII 'i 4 II II11,I11111iii(iiii? ) (I'( I, III Ill,; V , i(u,I i '''11\ 11 1 III jl I,1f Ill 11 �ll "Now therefore the signatures Hof such dffieers and the seal of the Ciompany may,be.affixed to any..such power of attorney or any,CerLlfrcate relating! thereto by facsimile,and any,suclt poweP,Ofl attorney or certificate bearingsuch facsimile signatures or facsimile seal shall be valid anti biniBng upon,the 1 Company and any such power so executed and certified by facsimile-signatures and facsimile seal,9hall beivand.,and binding upon the,Cdinpany iii the I foture with respectto any bond of uni161A1 g,0,which iris attached1,111 1 1,1 )111 1 !? '!.' Ilil` 111)11 ' l)%n) '1 J,i.!i ' I';il 11 lit Ili,) I 'I ' ,IIIIIIiII N I 111 II �iI !y III I !(if(l�l 'I Ili"1 s°"�aF)ai4i�� \[ Il IN cornS,TIMONY',WHEREOF,its, Fir offidiMaris30thdayof N Company mpan halcause ,this instrument tb be 3(;gaed and its,l 'tit 4 1 P a 1 by 1 1 ..' l i 1i 111'1cc it i( "" 'r I 1 ' 11 1 t 11 111 I 111 h I) 1 I y y J i},1 ) 11 ,i,Vi i ( (� I ST PAUL FIRE AND MARINE INSURANGEDOMPANYI @ n II i (fl �I'I I I 1I it �1 ,I , II 1 1 ,U _ t 1, 1)12 y‘);,;B,1)b Ili) I II V ,111 ;`,11,`,,L,,' 1' X11) I,) • 't(, 1 1 .) i II 1 o W,W ild° I(I till; ' TOW I II cI 11 r H 1 11 1 1'! !I 11 11 1 IIII Ifl (I rid' �` oe STATE OF N7INNESOTAI i �. 14O4iw o\ Asa JJ ss 1 ,1 ' DAVID LITZKOWI_ rc President „mo„uo. COnil[7 of Dakota .�. III 'I t i It _ ,,, 1111111111111AOtl ,1;1�,'. On this 27th day of June'i „ ,19 91 'I before me came the individual who executed the preceding instrument,tome personally known, and, being by me duly sworn,said that he/she is the therein described and authorized officer of SI Paul Fire and Marlrie Insurance Company;that the seal affixed to said instrument is the Corporate Seal of said Company;that the said Corporate Seal and) I his/her signature ere re duly affixed by order of the Board of Directors of said Company.; ', 11, II Ili' , j,1 1 IIII iI'!;(' IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal at the city of St.Paul,Minnesota,the day (L AL SF and yens first nbove vvrinen. 11 ' ' I{ ' I it i o z 2 SOT 4� q COUt4 MARY C.STEMPER, Notary Public Dakota County,MN I h Noy Commission Ezpires'Oc[ober 22, 1996 ' �.' !II ,;11111111 " ill CERTIFICATION - )1I10): it ', II11 ;11111 l'1 r :I, I,the undersigned officer of St.l'aul Fire and Marine Insurance Company,do hereby certify that I have compared the foregoing copy of the Power of Attorney.; and affidavit,and the copy of the Section of the 13y-Laws of said Company as set forth in said Power of Attorney,.with the,ORIGINALS,ON,FILE IN TIIE HOME OFFICE OF SAID COMI',NNY,and that the same are correct transcripts thereof,and of the whole of the said originals,and thaPthetslaid Power of Attorney has not been revoked and is now m full force and effect 1 i, -111 k!1).•‘•)))))1)))))‘11 ".•"' ) �)))))1))O)�r 11 rf'ilREy '1 1 1 �nai, IN TESTIUONY WHEREOF, I have hereunto set my hand this. ���)Pi '���i,(4 i �rlll�lt'( 1 1 1 ''' 1 is _ it ttl )���I 11.11fy I'I iii , ��v , (.) ,ae.�;1(rlil ° � �daY of ,,111 '119 ' ' ) Iii 1 iIPAUL rot , (p 'I I 1 1 1 ( 11 1( II, .t."" 1 4,.e , , , ) i , 11,,, ,11�t1�11 i114�1�11g111 I,1 v'n\I INS 11111�I �� Only a certified co of Power of Attorney beano the Certificate of Authority No printed in red on the uppe right c r i5 bindin 5 h 1 copies or other reproductions of this document are invalid and not building.upon the Company I I f 1 i I!I ii) 1 1 I' )1 )I l I copy 1 1 (ri(UAi I ;1:., 1 IlilHi,(( (( III II I!(1('(I I ((11 l)!I (f 1(11((1, 2�(fl, (((_, ,(I1i,ltl,ffilti �I� t ANY INSTRJrAIENT ISSUED IN EXCESS OF THE PENALTY AMOUN ATED A110V SST V d THOA�1 1' 'il •IIII U I P�( AL1il (11!11 11 I I ill 111111, II Ip I I I II 1 I �,1. '', ,‘ )\)i H1) I)) ) Pin if 1}IT))1,)����S1111 � 1!Illh'11)111ID if! 1(1 f i fr. it (1 1.,!tlI �� � 'I • 1 J' , 1 till , i I i fr. (10:f it 29550 Rev.5-91 Printed m U.S.A.,,,,!. I VI. ��( tc 1� ° ..0.,) \M11 � (I ! ' 'i I)1i)) } �thI }M ire.o'4, ?sal i � � i 1� 1� 1'11i1 ) I � 1111 1l 1 11 1?(1 h (i�f((1f�,i1f !drill I i i( fib III I I 111' VIII;IIII 1 (II' 11 'n�llll 11111(I II II iI� ,(I I .J:� I 11 1 CLERK TO THE BOARD P.O. BOX 758 lg GREELEY,COLORADO 80832 (303)358-4000 EXT.4225 C1 COLORADO January 30, 1992 The Linden Company 1224 Wadsworth Boulevard Lakewood, CO 80215 RE: FLATIRON STRUCTURES COMPANY Gentlemen: Enclosed are the extra copies of Performance Bonds No. 400GR 8423 and 8424, as well as a copy of the agreements pertaining to each. We have retained one signed copy for our files. If you have any questions, please do not hesitate to contact me at (303) 356-4000, Ext. 4217. Very truly yours, 7/b 777;-- Carol A. Harding Deputy Clerk to the Board iii➢ -F ".73 uy _. J c The LINDEN COMPANY Insurance and Bonding 1224 WADSWORTH BOULEVARD LAKEWOOD, COLORADO 80215 1 r 303/238-4546 FAX: 303/237-8614 LINDEN COMPANY ThE aft-Ached Bond and Power of Attorney have purposely not nuen iat:;:d. Please do not date either of these documents until you have I signed contract. At that time the Bond and Power of Attorney should he dated as of the same date as the contract , Of __ter date. Than.;!: vfl.a for allowing us to help with your bonding needs. If 1'".} sho :, p ha-;e any questions rega:f.e"g `_ills letter, please feel _ _ _ contact our office. :,.714.:!.' „: ''k' . v. ..�.'.w' OFFICES AT: AURORA,GRAND JUNCTION, LONGMONT, AND FORT COLLINS,COLORADO AND CASPER, WYOMING ffArr,‘‘91, 1•4 \ MEMORAf1DUm "Ilk Board of County Commissioners December 20, 1991 To Date COLORADO From Rod Allison, Principal Planner Subdivision Improvements Agreement for Subdivision Case suniecr Number S-316 (Flatiron Structures Company) . The Department of Planning Services' staff recommends that the Subdivision Improvements Agreement for Case Number S-316 be approved. The County Engineer and County Attorney' s office have reviewed and recommended approval of this agreement. 111 4d t Hello