HomeMy WebLinkAbout920302.tiff AR2293388
RESOLUTION
RE: APPROVE SUBDIVISION IMPROVEMENTS AGREEMENT FOR PHASE 2 - HARRISON RESOURCE
CORPORATION
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, by Resolution dated March 25, 1992, the Board granted Final PUD
Plan approval, Planning case number S-319, to Harrison Resource Corporation, and
WHEREAS, as a condition of that approval, the Board is hereby presented
with an improvements agreement for phase 2, and
WHEREAS, the Board deems it advisable to approve said improvements
agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Subdivision Improvements Agreement for Phase 2
regarding Final PUD Plan approval with Harrison Resource Corporation be, and
hereby is, approved.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 30th day of March, A.D. , 1992.
�//� BOARD OF COUNTY COMMISSIONERS
ATTEST:
i ta WELD COUNTY, COLORADO
1
Weld County Clerk to the Board
Geo e Kennedy, Chairman
BY: ' ,TS/4.4.4-
Deputy 4.
� � 4 p /mil
Deputy Cle to the Board ons/t�an�cee, L. Harber
, ro-Tem
APPROVED AS FORM: `9/ /7 �A� [/
C. W. K'
County Attorney G . L
W. H. Webster
B 1341 REC 02293388 06/26/92 12 : 22 $0 . 00 1/012 PL0847
F 0622 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 920302
PLoS 7 cc. PL � if-PP
Filing 1, Phase 2
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
AR2 3110 352
THIS AGREEMENT, made and entered into this 21/#day of Mx)Kill C
(1)._o11�, by and between the County of Weld, State of Colorado, acting through
its Board of County Commissioners, hereinafter called "County", and
Harrison Resource Corporation hereinafter called
"Applicant".
WITNESSETII:
WHEREAS, Applicant is the owner of or has a controlling interest in the
following described property in the County of Weld, Colorado:
Lots 6, 7, 8, 9, 10, and 11 of Case Number S-319, First Filing, located in a
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portion of the NE 1/4 of Section 5, Township 6 North, Range 67 West of the
-t 0 6th P.M.
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ow
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ow
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a0 WHEREAS, a final subdivision plat of said property, to be known es
a
Valley View Ranch
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has been submitted to the County for approval; and
ON WHEREAS. Section 11-1 of the Weld County Subdivision Regulations
N i-1 provides that no final plat shall be approved by the County until the
cr“U Applicant has submitted a Subdivision Improvement Agreement guaranteeing the
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W construction of the public improvements shown on plans, plats and supporting
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o a documents of the subdivision, which improvements, along with a time schedule
N for completion, are listed in Exhibits "A" and "B" of this Agreement.
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ma+ NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance
N Z and approval of said final plat, the parties hereto promise, covenant and
agree as follows:
g1 .0 Engineerinj Services: Applicant shall furnish, at its own expense, all
r- o engineering services in connection with the design and construction of
can - the subdivision improvements listed on Exhibit "A" which is attached
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pq k, hereto and made a part hereof by thin reference.
1 .1 The required engineering services shall be performed by a
Professional Engineer and Land Surveyor registered in the State of
Colorado, and shall conform to the standards and criteria
established by the County for public improvements.
1 .2 The required engineering services shall consist of, but not be
limited to, surveys, designs, plans and profiles, estimates,
construction supervision, and the submission of necessary
documents to the County.
1 .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
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I"1-,O0g 1�� • `:.;.,. 1 9 20 30 2
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 shell be furnished to the County for recording.
3.0 Construction: Applicant shall furnish and install, at its own expense,
the subdivision improvements listed on Exhibit "A" which is attached
hereto and made a part hereof by this reference, according to the
construction schedule set out in Exhibit "R" also attached hereto and
made a part hereof by this reference.
�+ 3.1 Said construction shall he in strict conformance to the plena and
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U drawings approved by the County and the specifications adopted by
N o the County for such public improvements. Whenever a oubdivioion
Ca is proposed within three miloa of an incorporated community - \
0 3 located in Weld County or located in any adjacent county. tt.a INITIAL
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o w Applicant ohall be required to inotall inprovenonta in accordance.
awith the requiremento -and otandardo that could oxiot if the pleb
v - hi:, the corpo,atc limits of that wasu"ity . Ifs
o; -the incorporated community hap not adopted ouch requiremento and•
a.
o, a otandarda at the time the oubdivioion io proposed, tho.
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requirev.enta and otandardo of the County °hall be adhered to. If.
rn ckii both the incorporated cors..unity and the County have rcquirewcntu.
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H re.and otandardo, thooc roquiranonto and ntanderde that arc mo
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co El rrntriotive shall apply.
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3.2 Applicant shall employ, at its own expense, a qualified testing
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tft w company previously approved by the County to perform all testing
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o z of materials or construction that is required by the County; and
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shall furnish copies of test results to the County.
a 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
c VD material and work at Applicant's expense. Any material or work
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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
INAL 11T-
been made for the installation of sanitcry oeuer or ooptio. 1
sayers. water, gamy electric and telephone services.
3.5 Said subdivision improvements shall be completed, according to the
terms of this Agreement, within the construction schedule
appearing in Exhibit "B". The Board of County Commissioners, at
its option, may grant an extension of the time of completion shown
on Exhibit "B" upon application by the Applicant subject to the
terms of Section 6 herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the
County from any and all liability loss and damage county may suffer as
a result of all suits, actions or claims of every nature and
description caused by, arising from, or on account of said design and
construction of improvements, and pay any and all judgments rendered
against the County on account of any such suit, action or claim,
2 t, . 0. nn
together with all reasonable expenses and attorney fees incurred by
County in defending such suit, action or claim whether the liability,
loss or damage is caused by, or arises out of the negligence of county
or Ste officers, agents, employees or otherwise except for the
liability, loss, or damage arising from the intentional torts or the
gross negligence of the county or its employees while acting within the
scope of their employment. All contractors and other employees engaged
in construction of the improvements shall maintain adequate workman's
compensation insurance and public liability insurance coverage, and
shall operate in strict accordance with the laws and regulations of the
o U State of Colorado governing occupational safety and health.
M O 5.0 --
applicant , or owner may be reimbursed for off—site road improvement as
0 provided in this section when it has been determined by the Boa d of
o w County Commissioners that the road facilities providing access to the (Nn
Aa subdivision are not adequate in structural capacity, w dth, or C
0 functional classification to support the traffic requireme is of the Le
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uses of the subdivision.
rn 5.1 The subdivider, applicant, or owner shall enter in an off-site
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improvements agreement prior to recording the fin plat when the
al v subdivider, applicant, or owner expects to rec ve reimbursement,
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for part of the cost of the off—site improveme s.
0° E 5.2 The off-site improvements agreement shall c twin the following:_
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w - The legal description of the property be nerved.
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in Mw The name of the owner(e) of the prop ty to be served.
-
z - A description of the off-site impro ementa to be completed by
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No the subdivider, applicant , or own r.
C) - The total cost of the off-site provements.
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- The total vehicular trips to h generated at build-out by the
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r subdivision, or resubdivisi , as specified by the ITV. Trip
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Generation Manual, or by a ecfal study approved by the Board
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of County Commissioners.
A time period for con etion of the off-site improvements.
The terms of reimburs ent.
- The current address f the person to be reimbursed during the
term of the agree nt.
- Any off-site provements agreement shall be made in
conformance wi h the Weld County policy on collateral for
improvements
5.3 If the subdivid r, applicant, or owner fails to comply with the
improvements reement, the opportunity to obtain reimbursement
under this s ction 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 i rovement constructed under an improvement agreement, the
subse ent subdivider, applicant, or owner shall reimburse the
ori nal subdivider, applicant, or owner, for a portion of the
or ginal construction cost. In no event shall the original
3
act .one,
total trip , impacts generated by the original developme t .
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 rior to
recording the final subdivision or resubdivision plat. INITIAL
5.5 The amount of road improvement cost to be paid by th subsequent v-rj
subdivider, applicant, or owner of a subdivision or esubdivision
using the road improvements constructed under a pr or improvement
agreement will be based upon a pro rata share o the total trip
impacts associated with the number and type of welling units and
ov square footage and type of nonresidential dev opmenta intended to
use the road improvement . The amount of oad improvement cost
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U shell also consider inflation as measured by the changes in the
a Colorado Construction Cost Index used by the Colorado Division of
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CD '' Highways. The cost of road improve ants may be paid by cash
ea- I4 contribution to the prior subdivide , applicant or owner or by
0 further road improvements which nefit the prior subdivider,
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applicant, or owner's property. This decision shall he at the .
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d xi sole discretion of the Board o County Commissioners based upon
o the need for further off-site oad improvements.
N a 5.6 The report entitled TRIP ENI:RATION (Third Edition, 1982) of
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the institute of Transpor Lion Engineers shall normally be used
w for calculating a rea onable pro rata share of the road
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improvement construct on costs for all subdivisions or
N a reeubdivisions. A sp cial transportation study shall be used for
in W
el 54
land uses not list d in the ITE Trip Generation Manual. Any
n z en question about th number of trips a subdivision or resubdivision
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o will generate sh 1 be decided by the County Engineer.
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g 5.7 The term for wl ch the subdivider, applicant, or owner is entitled
r .-1 to reimburs ent under the off—site improvements agreement,
441 r-
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N entered int between the subdivider and the county, is ten years
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.4 from the ate of execution of a contract for road improvements.
5.8 This pr vision is not intended to create any cause of action
again. Held County or its officers or employees by any
subd eider, applicant, or owner for reimbursement, and in no way
is eld County to be considered a guarantor of the monies to be
6.0 _
with the following procedures by the Applicant, streets in a
subdivision may be accepted by the County as a part of County road INITIAL
system and will be maintained and repaired by the nty.
6. 1 If desired by the County, portions of reef improvements may be
placed in service when complete ccording to the schedule shown
on Exhibit "B", but such u and operation shall not constitute an
acceptance of said ions.
6.2 County may, a ta option, issue building permits for construction
on lot or which street improvements detailed herein have been
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on the subdivision improvements in that phase of the develo ant
is satisfactory to the County; and all terms of this A cement
have been faithfully kept by Applicant. INITIAL
6.3 Upon completion of the construction of street within a
subdivision and the filing of a Statement Substantial
Compliance, the applicant(a) may request in riting that the
County Engineer inspect its streets and reco end that the Board
of County Commissioners accept them for par al maintenance by the
County. Partial maintenance consists al.l maintenance except
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u for actual repair of streets, curb and gutters, and related
to O street improvements. Not sooner th nine months after acceptance
for partial maintenance of sir ts, the County Engineer shall ,
w upon request by the applicnn , inspect the subject streets, and
o P4 notify the applicant(s) of ny deficiencies. The County Engineer
shall reinspect the treets after notification from the
o applicant(s) that any deficiencies have been corrected. If the
N County Engineer fi n that the streets ate constructed according
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' to County stands s, he shall recommend acceptance of streets for
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full maintena e. Upon a receipt of a positive unqualified
s tai recommendat n from the County Engineer for acceptance of streets
0° z within t development , the Board of County Commissioners shall
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CO Es accept said streets as public facilities and County property, and
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• sha he responsible for the full maintenance of said streets
N ,7
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z 7.0 General Requirements for Collateral:
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7.1 The value of all collateral submitted to Weld County must be
U a equivalent to 100% of the value of the improvements as shown in
a ItlisigTomovement agreement
this Agreement. Prior to Final Flat approval, the applicant shall INIT1/1L I
c indicate which of the five types of collateral he prefers to be `G�
en H4
r"V utilized to secure the improvements nuhject to final approval by
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the Board of County Commissioners and the execution of thin
Agreement . Acceptable collateral shall be submitted and the plat
five ) year
-reeed- within t-k
� e- of the Final Plat approval. If
five 5) years
acceptable collateral has not been submitted within OINITr
for lots 6, 7, 8, 9, 10 and 11
then the Final Plat approval/land all preliminary approvals shall
automatically expire. An applicant may request that the County
extend the Final flat 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 he completed within one (1) year after the
im reP-° s agreement
approval (not one year after acceptable collateral is
submitted) unless the applicant(a) requests that this Agreement be
renewed at least thirty (30) days prior to its expiration and
further provides that cost estimates for the remaining
improvements are updated and collateral is provided in the amount
of 100% of the value of the improvements remaining to be
completed. If improvements are not completed and the agreement
not renewed within these time frames, the County, at its
5 Q=rn^cle,
✓:yv . .,r
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 for
Release of Collateral.
ku o 7.3 The applicant intends to develop in accordance with Exhibits "A"
q and "8".
a
o 8.0 Improvements Guarantee: The five types of collateral listed below are
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ova g acceptable to Weld County subject to final. approval by the Board of
County Commissioners.
U 8.1 An irrevocable Letter of Credit from a Federal or State licensed
N a financial institution on a form approved by Weld County. The
rn letter of credit shall state at least the following:
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a — The Letter of Credit shall be in an amount equivalent of IOni.
rn of the total value of the improvements as set forth in
co z Section 6.0 and exhibits "A" and "B".
CO F - The Letter of Credit shall provide for payment upon demand to
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Weld County if the developer has not performed the
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obligations specified in the Improvements Agreement and the
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CD z issuer has been notified of ouch default.
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< — The applicant may draw from the Letter of Credit in
w g accordance with the provisions of this policy.
x — The issuer of the Letter of Credit shall guarantee that at
N all times the unreleased portion of the Letter of Credit
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• `q shall be equal to a minimum of 100% of the estimated costs of
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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 coat 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
6 32'1,2
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.
R.? 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 H.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
o U of the improvements as set forth in the Improvements
n o AB nt plus all costs of sale of the property.
q - In the event property other than the property to be developed
a
00 3 has been accepted as collateral by Weld County, then an
o rx appraisal is required of the property by a H.A.I. member of
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the Institute of Real Estate Appraisers indicating that the
wvalue of the property encumbered in its current state of
development is sufficient to cover 100% of the cost of the
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improvements as set forth in the Improvements Agreement plus
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all costs of sale of the property.
("A I-1
m c.) — A title insurance policy insuring that the Trust Deed creates
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a valid encumbrance which is senior to all other liens and
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w E' encumbrances.
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W — A building permit hold shall be placed on the encumbered
in,M w property.
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m z 6.3 Escrow Agreement that provides at least the following:
No The cash in escrow is at least equal to 100% of the amount
e4 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
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no other purpose and will not release any portion of such
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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, shell release any remaining escrowed funds to the
County.
8.4 A surety bond given by a corporate surety authorized to do
business in the State of Colorado in an amount equivalent to 100% of
the value of the improvements as specified in the Improvements
Agreement.
0.5 A cash deposit made with the County equivalent to 100% of the
value of the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for
the entire project or for a portion of the project by Weld County, the
Applicant must present a Statement of Substantial Compliance from an
Engineer registered in Colorado that the project or a portion of the
project has been completed in substantial compliance with approved
plans and specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site
inspections during the course of construction and the construction
plans utilized are the same as those approved by Weld County.
9.2 Test results must he submitted for all phases of this project as
per Colorado Department of Highway Schedule for minimum materiels
sampling, testing and inspections found in CDOH Materials Manual.
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o v 9.3 "As built" plans shall be submitted at the time the letter
c requesting release of collateral is submitted. The Engineer shall
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certify that the project "as built" is in substantial compliance
o w with the plena and specifications as approved or that any material
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o x deviations have received prior approval from the County Engineer.
a9.4 The Statements of Substantial Compliance must be accompanied, If
0 appropriate, by a letter of acceptance of maintenance and
cv a responsibility by the appropriate utility company, special
° district or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority
rn indicating the fire hydrants are in place in accordance with the
°J z approved plans. The letter shall indicate if the fire hydrants
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CO Ewi are operational and state the renults of fire flow tests.
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9.6 The requirements in 8.0 thru 8.5 shall be noted on the final
mw construction plans.
9.7 Following the submittal of the Statement of Substantial Compliance
oCA and recommendation of acceptance of the streets -for- partial
• a p.rl.utsnanca by•t :I:PC: ,..ty. the applicant(s) may request release of INITIAL
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the collateral for the project or portion of the project by the Carl
Board. This action will be taken at a regularly scheduled public
N meeting of the Board.
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9.8 The request for release of collateral shall be accompanied by
"Warranty Collateral" in the amount of 10% of the value of the
improvements as shown in this Agreement excluding improvements
fully accepted for maintenance by the responsible governmental
entity, special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon INITIAL
final acceptance by the Board of County Commissioners fa. Al
noian-trust .
ID.O __ ^
pursuant to a rezoning, subdivision or planned u • evelopment , INITIAL
requires the dedication, development en reservation of or C�
sites other than subdivis streets and utility easements of a
character, e and location suitable for public use for parks,
8
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with ,.n.. ..f th.. fellewil niternativoo, or nn npooifio:l
any:
10.1 The required acreage as may be determined according to ection
8-15-R of the Weld County Subdivision Regulations shall be INITIAL
dedicated to the County or the appropriate school 'strict, for Lt..}
one of the above purposes. Any urea so de cated shall be
approved by the County or school district, an shall be maintained
by .the County or school district.
10.2 The required acreage as determined acc ding to Section 8-15-R of
the Weld County Subdivision Regula one may be reserved through
deed restrictions as open area, e maintenance of which shall be
U a specific obligation in e deed of each lot within the
ri o . nubdivision.
• u 10.3 In lieu of land, the C my may require a payment to the County in
na an amount equal to the market value at the time of final plat
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o submission of e required acreage as determined according to
• wSection 8-15- . Such value shall be determined by a competent
a land
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w apprai r chosen jointly by the Board and the Applicant. The cash
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"; ,� col cted shall be deposited in an escrow account to he expended
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cm a 11 .0 Successors and Assigns: This Agreement shall he binding upon the
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heirs, executors, personal representatives, successors and assigns of
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w the Applicant, and upon recording by the County, shall be deemed a
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o a covenant running with the land herein described, and shall be binding
N 5 upon the successors in ownership of said land.
In W
M u+ IN WITNESS WHEREOF, the patties hereto have caused this Agreement to he
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wZ executed on the day and year first above written.
o BOARD OF COUNTY COMMISSIONERS
o C4 WELD COUNTY, COLORADOrfl
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ATTEST•�j�Yj4 /V'
Weld Couttpr, ..:,kapA
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BY: / tl, �s
f Depaty A. . ark
APPROVED A TO FORM:
County Attorney
N . rison Resource Corporation
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Attest: BY: Craig Harrison, President _
(till
^uhnorihed and sworn to before me this cQ(/D clay of Aurembe4 , 19_L
Ey commission expires: 3 -7 -Q''S
s No ar blic cl
9
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EXHIBIT "A"
Name of Subdivision: Valley View Ranch
Filing: 1, Phase 2, Lots 6, 7, 8, 9, 10, and 11 _
Location: At Intersection of Highway #257 and Weld County Road #74
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.)
,.i 0 Estimated
.-+ 0
o
Improvements Unit Coat Construction Cost
0 0
'+ o
0 Street grading Yes
o w Street base Yes $y,/lU.UU
0 3 Street paving None
o rx Curbs, gutters, and culverts Yes $2,100.00
fa W Sidewalk None _
."storm sewer facilities -_-None
o
o retention ponds _ JNQDg
Ni ix Ditch improvements _ Yes $2,580.00 _-
t Subsurface drainage _ None _
o x Sanitary sewers None _
a Trunk and forced lines None
N a Mains None
o, c.) Laterals (house connected) _ None _
co z On-site sewage facilities By Lot OwnersHI _
H
On-site water supply and storage _ Yes
co E+ Water mains Yes $4,812.00
o a Fire hydrants Completed in Phase One
cv w Survey_b street monuments & boxes Yes (completed prior to final )
m w Street lighting _ None
o Street name signs _ -_ Yes $ 300.00
n0i Z Fencing requirements _ By Lot Owners
o Landscaping Yes _ $3,500.00
o a Park improvements None -
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v r- SUB-TOTAL _ -
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Engineering and Supervision Costs $1 ,500.00PI _
a (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 $ $24,502.00 -_
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 accordin e construction schedule
set out in Exhibit "B". I HA ES RCE CORPORATION
,ygna e Applicant
Attest: by Craig Harrison, President
(If corporation, to be signed by President and attested to by Secretary,
together with corporate seal.)
Date: December 26, , 1991
AI
EXHIBIT "B"
•
Name of Subdivision: Valley View Ranch
Filing: 1, Phase 2, Lots 6, 7, 8, 9, 10 and 11
location: At Intersection of Highway #257 and Weld County Road #74
Intending to be legally bound, the undersigned Applicant hereby agrees to
construct the improvements shown on the final subdivision plat of
Valley View Ranch Subdivision,
dated , 19_, Recorded on , 19_,
oU in Book �_, Page No. Reception No. , the following
o schedule.
U All improvements shall be completed within 5 _ years from the date of
ca
w approval of the final plat.
o
o S Construction of the improvements listed in Exhibit "A" shall be completed
o a
4:01- 14 as follows:
p (Leave spaces blank where they do not apply.)
N R,
. ,a Improvements Time for Completion
rn
• z
w• Street grading Yes March_1997
N
o, o Street base Yes March 1997
z Street paving None
H H Curbs, gutters, and culverts March 1997
co E Sidewalk None
o z Storm sewer facilities _ None _
N w Retention ponds None
Ln W Ditch improvements None
o Subsurface drainage None _
• z Sanitary_ sewers _ None
N et4 Trunk and forced lines None
✓ Mains None —"
Un-
W a Laterals (house connected) _ None _
x nice sewage facilities By Lot Owners
r- co On—site water supply and storage Yes March 1997
n14 N-
Water mains Yes March 1997
-4N Fire hydrants Completed in Phase 1 _
a 44 Survey 6 street monuments 6 boxes Yes _ March 1997
Street lighting _ None
Street name signs Yes March 1997 _
Fencing requirements By Lot Owners _
Landscaping Yes March 1997
Park improvements None
SUB-TOTAL
The County, at its option, and upon the request by the Applicant, may grant
an extension of time for completion for any p tar improvements shown
above, upon a shoving by the Applicant that .ove chedule cannot be met.
) S6N
�z'n I _
egA-#0, a A.as47,
Signature of• Applicant
Secre ary Attest Harrison Resource Corporation
by Craig Harrison, President
(If corporation, to be signed by President and attested to by Secretary,
together with corporate seal.)
Date: December 26 , 19 91 •
G* )n
S, • i..r da
Filing 1, Phase 2
AROVEHENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS /�
THIS AGREEMENT, made and entered into this day of f /y��1fuld,
, by and between the County of Weld, State of Colorado, acting through
its Board of County Commissioners, hereinafter called "County", and
Harrison Resource Corporation hereinafter called
"Applicant".
WITNESSETII:
WHEREAS, Applicant is the owner of or has a controlling interest in the
following described property in the County of Weld, Colorado:
Lots 6, 7, 8, 9, 10, and 11 of Case Number S-319, First Filing, located in a
portion of the NE 1/4 of Section 5, Township 6 North, Range 67 West of the
6th P.M.
WHEREAS, a final subdivision plat of said property, to be known as
Valley View Ranch
has been submitted to the County for approval; and
WHEREAS, Section 11-1 of the Weld County Subdivision Regulations
provides that no final plat shall be approved by the County until the
Applicant has submitted a Subdivision improvement Agreement guaranteeing the
construction of the public improvements shown on plans, plats and supporting
documents of the subdivision, which improvements, along with a time schedule
for completion, are listed in Exhibits "A" and "B" of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance
and approval of said final plat, the parties hereto promise, covenant and
agree as follows:
1 .0 Engineering Services: Applicant shall furnish, at its own expense, all
engineering services in connection with the design and construction of
the subdivision improvements listed on Exhibit "A" which is attached
hereto and made a part hereof by thin reference.
1 .1 The required engineering services shall be performed by a
Professional Engineer and Land Surveyor registered in the State of
Colorado, and shall conform to the standards and criteria
established by the County for public improvements.
1 .2 The required engineering services shall consist of, but not be
limited to, surveys, designs, plans and profiles, estimates,
construction supervision, and the submission of necessary
documents to the County.
1 .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 920302
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F 0623 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO , CO
expense, good and sufficient rights-of-way and easements on all lends
and facilities traversed by the proposed improvements. All such
rights-of-way and easements used for the construction of roads to be
accepted by the County shall be conveyed to the County and the
documents of conveyance shall be furnished to the County for recording.
3.0 Construction: Applicant shall furnish and install, at its own expense,
the subdivision improvements listed on Exhibit "A" which is attached
hereto and made a part hereof by this reference, according to the
construction schedule set out in Exhibit "R" also attached hereto and
made a part hereof by this reference.
3. 1 Said construction shall he in strict conformance to the plane and
drawings approved by the County and the specifications adopted by
the County for such public improvements.
is propoeed within three nileo of an incorporated community-
located in Weld County or located in any adjacent county, the- INITIAL
Applieont ohall be required to install inproveeonta in accordance c-tf
with the requirenento and otandarda that could exiot if the plat.
-the- incorporated community boo not adopted such requirement', and•
otandardo at the tine tho oubdivioion la propoeed, the.
requirement° and otandardo-of the County ohall be adhered tocl-f'
both thc incorporated community and thc County have requirements
and otandardo, thooc requirenento a
rentriotive °hall apply._
3.7 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 plane 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
INITIAL
been made for the installation of sanitary ',suer or aoptio. : ,I�
• oyotemc, water, gaa., electric and telephone services. T1
3.5 Said subdivision improvements shall be completed, according to the
terms of this Agreement, within the construction schedule
appearing in Exhibit "B". The Board of County Commissioners, at
its option, may grant an extension of the time of completion shown
on Exhibit "B" upon application by the Applicant subject to the
terms of Section 6 herein.
4 .0 Release of Liabilifl: Applicant shall indemnify and hold harmless the
County from any and all liability loss and damage county may suffer as
a result of all suits, actions or claims of every nature and
description caused by, arising from, or on account of said design and
construction of improvements, and pay any and all judgments rendered
. v1 net the County on account of any such suit, action or claim,
2
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F 0624 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO , CO
together with all reasonable expenses and attorney fees incurred by
County in defending such suit, action or claim whether the liability,
loss or damage is caused by, or arises out of the negligence of county
or Ste officers, agents, employees or otherwise except for the
liability, loss, or damage arising from the intentional torts or the
gross negligence of the county or its employees while acting within the
scope of their employment. All contractors and other employees engaged
in construction of the improvements shall maintain adequate wotkman'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
applicant , or owner may be reimbursed for off-site rood improvement as
provided in this section when it has been determined by the Boa d of
County Commissioners that the road facilities providing access to the INmpL
subdivision are nut adequate in structural capacity, w dth, or
functional classification to support the traffic requireme is of the is,
pees of the subdivision.
5. l The subdivider, applicant, or owner shall enter in an off-site
improvements agreement prior to recording the fin plat when the
subdivider, applicant, or owner expects to rec ve reimbursement,
for part of the cost of the off-site improveme s.
5.2 The off-site improvements agreement shall c twin the following:.
The legal description of the property be served.
The name of the owner(s) of the prop ty to be served.
- A description of the off-site impro ementa to be completed by
the subdivider, applicant , or own r.
- The total cost of the off-site provements.
- The total vehicular trips to b generated at build-out by the
subdivision, or resubdivisi , as specified by the ITE Trip
Generation Manual, or by a ecial study approved by the Board
of County Commissioners.
- A time period for com etion of the off-site improvements.
- The terms of reimburs went.
- The current address f the person to be reimbursed during the
term of the agree nt.
Any off-site provements agreement shall be made in
conformance wi h the Weld County policy on collateral for
Improvements
5.3 If the subdivid r, applicant, or owner fails to comply with the
improvements reement, the opportunity to obtain reimbursement
under this s ction 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 1 rovement constructed under an improvement agreement, the
subse ent subdivider, applicant, or owner shall reimburse the
or1 nal subdivider, applicant , or owner, for a portion of the
or ginal construction cost. In no event shall the original
B 1341 REC 02293388 06/26/92 12 :22 $0 . 00 4/012
F 0625 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO , CO
total trip , impacts generated by the original developme L.
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 rior to
recording the final subdivision or resubdivision plat. INITIAL
5.5 The amount of road improvement cost to be paid by th subsequent
subdivider, applicant , or owner of a subdivision or esubdivision
using the road improvements constructed under a pr or improvement
agreement will be based upon a pro rata share o the total trip
impacts associated with the number and type of welling unite and
square footage and type of nonresidential dev opmenta intended to
use the road Improvement . The amount of oad improvement cost
uhall also consider inflation as measured by the changes in the
Colorado Construction Cost Index used by the Colorado Division of
Highways. The cost of road improve ente may be paid by cash
contribution to the prior subdivide , applicant or owner or by
further road improvements which nefil the prior subdivider,
applicant, or owner's property. This decision shall he at the .
sole discretion of the Board o County Commissioners based upon
the need for further off-site oad improvements.
5.6 The report entitled TRIP ENERATION (Third Edition, 1982) of
the institute of Transpor tion Engineers shall normally be used
for calculating a rea onable pro rata share of the road
improvement construct on coats for all subdivisions or
•
reiubdivieions. A op cia] transportation study shall be used for
land uses not list d in the ITE Trip Generation Manual. Any
question about th number of trips a subdivision or resubdivision
will generate eh 1 be decided by the County Engineer.
5.7 The term for w1 ch the subdivider, applicant , or owner is entitled
to reimburs ent under the off-site improvements agreement,
entered int between the subdivider and the county, is ten years
from the ate of execution of a contract for road improvements.
5.8 This pr vision is not intended to create any cause of action
ageing Weld County or its officers or employees by any
subd vider, applicant, or owner for reimbursement, and in no way
is e1d County to be considered a guarantor of the monies to be
6.0 /cane ta
with the following procedures by the Applicant, streets in a
INITIAL
subdivision may be accepted by the County as a part of County road
system and will be maintained and repaired by the nty.
6. 1 If desired by the County, portions of reet improvements may be
placed in service when complete ccording to the schedule shown
on Exhibit "B", but such u and operation shall not constitute an
acceptance of said bone.
6.2 County may, a to option, issue building permits for construction
on lot or which street improvements detailed herein have been
n "
4
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F 0626 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
on the subdivision improvements in that phase of the develo ant
is satisfactory to the County; end all terms of this Ag eement
have been faithfully kept by Applicant . INITIAL
6.3 Upon completion of the construction of street within a
subdivision and the filing of a Statement Substantial
Compliance, the applicant(s) may request in rating that the
County Engineer inspect its streets and recd end that the Board
of County Commissioners accept them for par al maintenance by the
County. Partial maintenance consists all maintenance except
for actual repair of streets, curb and gutters, and related
street improvements. Not sooner th nine months after acceptance
for partial maintenance of etr te, the County Engineer shall ,
upon request by the applicnn , inspect the subject streets, and
notify the applicant(e) of ny deficiencies. The County Engineer
shall reinspect the treets after notification from the
applicant(s) that any deficiencies have been corrected. If the
County Engineer fi n that the streets ate constructed according
to County stands s, he shall recommend acceptance of streets for
full malntena e. Upon a receipt of a positive unqualified
recommendat n from the County Engineer for acceptance of streets
within t development , the Board of County Commissioners shall
accept said streets as public facilities and County property, and
• she he responsible for the full maintenance of said streets
7.0 Ceneral Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be
equivalent to 100% of the value of the improvements as shown in
this improvement agreement
this Agreement. Prior to Final Plot approval , the applicant shall INITIAL
indicate which of the five types of collateral he prefers to be ��y- /
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
five
rues- within (6)) years months of the Final Plat approval. If
five 5) years
acceptable collateral has not been submitted within for lots 6, 7, 8, 9, 10 and 11 (NIT 3
then the Final Plat approvalAand all preliminary approvals shell
automatically expire. An applicant tray request that the County
extend the Final Pint approval provided the cost estimates are
updated and the development plane are revised to comply with all •
current County standards, policies and regulations. The
Improvements shall he completed within one (1) year after the
improyem nts agreement
Final PJat approval (not one year after acceptable collateral is
submitted) unless the applicant(n) requests that this Agreement be
renewed at least thirty (30) days prior to its expiration and
further provides that cost estimates for the remaining
improvements are updated and collateral is provided in the amount
of 100% of the value of the improvements remaining to be
completed. If improvements are not completed and the agreement
not renewed within these time frames, the County, at its
5
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F 0627 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO , CO
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 for
Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits "A"
and "B" .
8.0 Improvements Guarantee: The five types of collateral listed below are
acceptable to Weld County subject to final approval by the Board of
County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed
financial institution on a form approved by Weld County. The
letter of credit shall state at least the following:
- The Letter of Credit shall be in an amount equivalent of 1007
of the total value of the improvements as set forth in
Section 6.0 and exhibits "A" and "B".
- The Letter of Credit shall provide for payment upon demand to
Weld County if the developer has not performed the
obligations specified in the Improvements Agreement and the
issuer has been notified of such default.
The applicant may draw from the Letter of Credit in
accordance with the provisions of this policy.
The issuer of the Letter of Credit shall guarantee that at
all times the unreleased portion of the Letter of Credit
shall be equal to a minimum of 1007 of the estimated costs of
completing the uncompleted portions of the required
improvements, based on inspections of the development by the
issuer. In no case shall disbursement for a general
improvement item exceed the cost estimate in the Improvements
Agreement (i.e. , streets, sewers, water mains and
landscaping, etc.) . The issuer of the Letter of Credit will
sign the Improvements Agreement acknowledging the agreement
and its cost estimates.
— 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
6
B 1341 REC 02293388 06/26/92 12 : 22 $0 . 00 7/012 02037?-.;
F 0628 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CC, CO
Board has received sixty (60) days written notice from the
issuer of the Letter of Credit of the pending expiration.
Said notice shall be sent by certified mail to the Clerk to
the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other
property acceptable to the Board of County Commissioners provided
that the following are submitted:
In the event property within the proposed development is used
as collateral, an appraisal is required of the property in
the proposed development by a disinterested H.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.
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 encumbered in its current state of
development is sufficient to cover 100% of the cost of the
improvements as set forth in the Improvements Agreement plus
all costa of sole of the property.
A title insurance policy insuring that the Trust Deed creates
a valid encumbrance which is senior to all other liens and
encumbrances.
- A building permit hold shall be placed on the encumbered
property.
6.3 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 es 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, shell release any remaining escrowed funds to the
County.
8.4 A surety bond given by a corporate surety authorized to do
business in the State of Colorado in an amount equivalent to 100% of
the value of the improvements as specified in the Improvements
Agreement.
8.5 A cash deposit made with the County equivalent to 100% of the
value of the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for '
the entire project or for a portion of the project by Weld County, the
7
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F 0629 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO , CO
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 he submitted for all phases of this project as
per Colorado Department of Highway Schedule for minimum materials
sampling, testing and inspections found in CD0H Materials Manual.
9.3 "As built" plans shall be submitted at the time the letter
requesting release of collateral is submitted. The Engineer shall
certify that the project "as built" is in substantial compliance
with the plans and specifications as approved or that any material
deviations have received prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied, if
appropriate, by a letter of acceptance of maintenance and
responsibility by the appropriate utility company, special
district or town for any utilities.
9.5 A fetter must be submitted from the appropriate Fire Authority
indicating the fire hydrants are in place In accordance with the
approved plans. The letter shall indicate if the fire hydrants
are operational and state the renults of fire flow tests.
9.6 The requirements in 8.0 thru 8.5 shell be noted on the final
construction plans.
9.7 Following the submittal of the Statement of Substantial Compliance
and recommendation of acceptance of the streets for--partial
maintenance by •thr'enm t-y, the applicant(a) may request release of INITIAL
C.il
the collateral for the project or portion of the project by the �1
Board. This action will be taken at a regularly scheduled public
meeting of the Board.
9.8 The request for release of collateral shall be accompanied by
"Warranty Collateral" in the amount of 10% of the value of the
improvements as shown in this Agreement excluding improvements
fully accepted for maintenance by the responsible governmental
entity, special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon INITIAL
C final acceptance by the Board of County Commissioners Fedi • `\
a 1, n and- flee t rn�r3 -
10.0
pursuant to a rezoning, subdivision or planned u • evelopment, INITIAL
requires the dedication, development an reservation of areas or �✓
sites other than subdivis streets and utility easements of a
cl'atacter, e and location suitable for public use for parks,
8
B 1341 REC 02293388 06/26/92 12 : 22 $0 . 00 9/012
F 0630 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
any: -
10.1 The required acreage as may be determined according to ection
8-15-R of the Weld County Subdivision Regulations shall be INITIAL
dedicated to the County or the appropriate school iatrict, for :t-}
one of the above purposes. Any urea so de Gated shall be .
approved by the County or school district, an shall be maintained
by .the County or school district.
10.2 The required acreage as determined ace ding to Section 8-15-D of
the Weld County Subdivision Regula one may be reserved through
deed restrictions as open area, a maintenance of which shall be
a specific obligation in a decd of each lot within the
nubdivision.
10.3 In lieu of land, the C my may require a payment to the County in
an amount equal to the market value at the time of final plat
submission of a required acreage as determined according to
Section 8-15- . Such value shall be determined by a competent
land
apprai r chosen jointly by the Board and the Applicant . The cash
col cted shall be deposited in an escrow account to be expended
11 .0 Successors and Assigns: This Agreement shall he 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
fil 1) (gar?
ATTEST-04a iti 1/61,
Veld County 64 01icp-
Clerk to the Boa d
err Deputy Jerk ___----
APPROVED A TO FORM:
County Attorney
N • rison Resource Corporation
1/4
Attest: BY: Craig Harrison, President _
(titl �n^
".ubarrihed and sworn to before me this C52(0day of /f Lle4 , 19.2.1-
My commission expires: 3 4' -q/4-
Notary laic
9203f,"2
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F 0631 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT "A"
Name of Subdivision: Valley View Ranch
Filing: 1 , Phase 2, Lots 6, 7, 8, 9, 10, and 11
Location: At Intersection of Highway #257 and Weld County Road #74
Intending to be legally hound, the undersigned Applicant hereby agrees
to provide throughout this subdivision and as shown on the subdivision final
plat dated , 19 , recorded on
19 , in Book , Page No. , Reception No. , the
following improvements.
(Leave spaces blank where they'do not apply.)
Estimated
Improvements Unit Cost Construction Coat
Street grading Yes
Street base Yes $y,/IU.UU
Street paving None
Curbs, gutters, and culverts Yes $2,100.00
Sidewalk None
Storm sewer facilities ,_.None
Retention ponds _ tut
Ditch improvements Yes $2,580.00 -_
Subsurface drainage None
Sa_nitary_sewers _None _
Trunk and forced lines None
Mains None _
Laterals (house connected) _ None
On-site sewage facilities By Lot Owners
On-site water supply and storage _ Yes
Lister mains Yes $4,812.00
Fire hydrants Completed in Phase One
Survey} street monuments & boxes Yes (completed prior to final )
Street lighting None
Street name signs -- Yes $ 300.00
Fencing requirements -._ By Lot Owners
Landscaping Yes _ $3,500.00 _-
Park improvements None _
SUB-TOTAL
Engineering and Supervision Costs $1 ,500.00
(testing, inspection, as-built plans and work in addition to preliminary and
final plat; supervision of actual construction by contractors)
TOTA1. ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ $24,502.00
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 accordin e construction schedule
set out in Exhibit "B". HA ES RCE CORPORATION
, . ignature of Applicant
Attest: �S / Is�SY�by Craig Harrison, President
(If corporation, to be signed by President and attested to by Secretary,
together with corporate seal.)
Date: December 26, , 1991
920302
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F 0632 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT "B"
•
Name of Subdivision: Valley View Ranch
Piling: 1, Phase 2, Lots 6, 7, 8, 9, 10 and 11
Location: At Intersection of Highway #257 and Weld County Road #74
Intending to be legally bound, the undersigned Applicant hereby agrees to
construct the improvements shown on the final subdivision plat of
Valley View Ranch Subdivision,
dated , 19 , Recorded on , 19_,
in Book , Page No. , Reception No. , the following
schedule.
All improvements shall be completed within 5 _ years from the date of
approval of the final plat.
Construction of the improvements listed in Exhibit "A" shall be completed
as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Street grading Yes March 1997
Sheet base Yes March 1997
Street paving None
Curbs, gutters, and culverts March 1997
Sidewalk None
Storm eewer facilities _ None
Retention ponds None
Ditch improvements None
Subsurface drainage None
Sanitary_ sewers _ None _
Trunk and forced lines None
Maine None _
Laterals (house connected) _ None
On-site sewage facilities By Lot Owners
On-site water supply and storage Yes March 1997
Water mains Yes March 1997
Fire hydrants Completed in Phase 1 _
Survey f. street monuments & boxes Yes _ March 1997
Street lighting _ None
Street name signs Yes March 1997 _
Fencing requirements By Lot Owners _
Landscaping Yes March _L997
Park improvements None
SUB-TOTAL
The County, at its option, and upon the request by the Applicant , may grant
an extension of time for completion for any p. +"ular improvements shown
above, upon a showing by the Applicant that .ove chedule cannot be met.
ttest c 1-- gnature of. Applicant
Secreei.A:ttskna.
ary A Harrison Resource Corporation
by Craig Harrison, President
(If corporation, to be signed by President and attested to by Secretary,
together with corporate seal.)
Date: December 26 19 91 •
92032?
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F 0633 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Hello