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RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) AND ACCEPT COLLATERAL -
SHILOH, INC.
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 April 27, 1994, the Board approved a Final PUD
Plan for James H. Scott, Jr. , dba Shiloh, Inc. , and
WHEREAS, the Board has been presented with an Improvements Agreement
According to Policy Regarding Collateral for Improvements (Private Road
Maintenance) between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and James Scott, dba Shiloh, Inc. ,
with terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Letter of Credit #744, drawn on
the First Interstate Bank of Fort Collins, N. A. , P.O. Box 578, Fort Collins,
Colorado 80522-0578, in the amount of $292,370, and
WHEREAS, after review, the Board deems it advisable to approve said
agreement, and to accept the abovementioned collateral, copies of which are
attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Improvements Agreement According to Policy Regarding
Collateral for Improvements (Private Road Maintenance) between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and James Scott, dba Shiloh, Inc. , be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that collateral in the form of Letter
of Credit #744, drawn on the First Interstate Bank of Fort Collins, N. A. , P.O.
Box 578, Fort Collins, Colorado 80522-0578, in the amount of $292,370 be, and
hereby is, accepted.
PL0952
940491
C
,J<
IMPROVEMENTS AGREEMENT - SHILOH, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 25th day of May, A.D. , 1994.
ATTEST: Pla/teg? BOARD OF COUNTY COMMISSIONERS
WELD COUNTY OL RADO
Weld County Clerk to the Board /� elJ
H. Webster, Cha'rman
BY:
Deputy Clerk to the Boarr _ Dale , Hall, r em /J
APPROVED TO FORM:
/Gee000rte2e Baxter
County Attor ey ^stance L. Har eb t
�.� -417 —
Barbara J. Kirkme er
940491
AK2391629
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
ih
THIS AGREEMENT, made and entered into this *day of by and
between the County of Weld, State of Colorado, acting through its oard of County
Commissioners, hereinafter called"County" , and S y ;‘o\ ,Ino,
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:
A -brae+ o4 land sAudtel in +L. Southeast !warier 6P Secion 4
Townsh;p (o h101tk, 'Range b7 West € P RM.
WHE EE4�S,` a final( subdivision/PUD plat of said property, to be known as
S,;lo�, FCakeS tU.D. has been submitted to
the County for approval; and
WHEREAS, 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 of this reference.
1.1 The required engineering services shall be performed by a Professional
Engineer and Land Surveyor registered in the State of Colorado, and shall
conform to the standards and criteria 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.
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1.3 Applicant shall furnish drawings and cost estimates for roads within the
subdivision to the County for approval prior to the letting of any
construction contract. Applicant shall furnish one set of reproducible
"as-built" drawings and a final statement of 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
expense, good and sufficient rights-of-way and easements on all lands and
facilities traversed by the proposed improvements.
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 "B" also attached hereto and made
a part hereof by this reference.
3.1 Said construction shall be in strict conformance to the plans and
drawings approved by the County and the specifications adopted by
the County for such public improvements. Whenever a subdivision is
proposed within three miles of an incorporated community located in
Weld County or located in any adjacent county, the Applicant shall
be required to install improvements in accordance with the
requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the
incorporated community has not adopted such requirements and
standards at the time the subdivision is proposed, the requirements
and standards of the County shall be adhered to. If both the
incorporated community an the County have requirements and
standards, those requirements and standards that are more
restrictive shall apply.
3.2 Applicant shall employ, at its own expense, a qualified testing
company previously approved by the County to perform all testing of
materials or construction that is required by the County; and shall
furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the
right to test and inspect or to require testing and inspection of
material and work at Applicant's expense. Any material or work not
conforming to the approved plans and specifications shall be 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.
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F 0060 MARY ANN FMIERSTEIN CLERK & RECORDER WELD CO, CO
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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, together with all reasonable
expenses and attorney fees incurred by County in defending such suit,
action or claim whether the liability, loss or damage is caused by, or
arises out of the negligence of county or its officers, agents, employees,
or otherwise except for the liability, loss, or damage arising from the
intentional torts or the gross negligence of the county or its employees
while acting within the scope of their employment. All contractors and
other employees engaged in construction of the improvements shall maintain
adequate workman's compensation insurance and public liability insurance
coverage, and shall operate in strict accordance with the laws and
regulations of the State of Colorado governing occupational safety and
health.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following
procedures by the Applicant, streets within a subdivision may be approved
by the County as public roads and will be maintained and repaired by a
homeowners association or, in its absence, the owners of lots within the
subdivision.
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 approval 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 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 partially approve them.
Not sooner than nine months after partial approval, the County Engineer
shall, upon request by the applicant, inspect the subject streets, and
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RECORDER CE), Cn
940491
notify the applicant(s) of any deficiencies. The County Engineer shall
reinspect the streets after notification from the applicant(s) that any
deficiencies have been corrected. If the County Engineer finds that the
streets are constructed according to County standards, he shall recommend
full approval. Upon a receipt of a positive unqualified recommendation
from the County Engineer for approval of streets within the development,
the Board of County Commissioners shall fully approve said streets as
public but with private pay.
7.0 General 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
Agreement. Prior to Final Plat approval, the applicant shall
indicated which of the five types of collateral he prefers to be
utilized to secure the improvements subject to final approval by the
Board of County Commissioners and the execution of this Agreement.
Acceptable collateral shall be submitted and the plat recorded
within six (6) months of the 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 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 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„
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F 00h2 MARV ANN FL;U RSTE N CLERK & RECORDER WELD CO, CO 940491
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 100%
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 100% 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 Flat approval, whichever occurs first. Said
letter shall stipulate that, in any event, the Letter of
Credit shall remain in full force and effect until after the
Board has received sixty (60) days written notice from the
issuer of the Letter of Credit of the pending expiration.
Said notice shall be sent by certified mail to the Clerk to
the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other
property acceptable to the Board of County Commissioners provided
that the following are submitted:
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F n063 MARY ANN FFUERSTFIN CLERK & RECORDER WELD CO, CO
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In the event property within the proposed development is used
as collateral, an appraisal is required of the property in the
proposed development by a disinterested M.A.I. member of the
American Institute of Real Estate Appraisers indicating that
the value of the property encumbered in its current degree of
development is sufficient to cover 100% of the cost of the
improvements as set forth in the Improvements Agreement plus
all costs of sale of the property.
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 costs of sale 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.
8.3 Escrow Agreement that provides at least the following:
The cash in escrow is at least equal to 100% of the amount
specified in the Improvements Agreement.
The escrow agent guarantees that the escrowed funds will be
used for improvements as specified in the agreement and for no
other purpose and will not release any portion of such funds
without prior approval of the Board.
The escrow agent will be a Federal or State licensed bank or
financial institution.
If the County of Weld County determines there is a default of
the Improvements Agreement, the escrow agent, upon request by
the County, shall release any remaining escrowed funds to the
County.
8.4 A surety bond given by a corporate surety authorized to do business
in the State of Colorado in an amount equivalent to 100% of the
value of the improvements as specified in the Improvements
Agreement.
8.5 A cash deposit made with the County equivalent to 100% of the value
of the improvements.
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F 0064 MARY ANN FEIJE:RSTE: I N ChERK & RECORDER WELD CO, CO 940491
9.0 Request for Release of Collateral: Prior to release of collateral for the
entire project or for a portion of the project by Weld County, the
Applicant must present a Statement of Substantial Compliance from an
Engineer registered in Colorado that the project or a portion of the
project has been completed in substantial compliance with approved plans
and specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site
inspections during the course of construction and the construction
plans utilized are the same as those approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per
Colorado Department of Highway Schedule for minimum materials
sampling, testing and inspections found in CDOH Materials Manual.
9.3 "As built" plans shall be submitted at the time the letter
requesting release of collateral is submitted. The Engineer shall
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 letter 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 results of fire flow tests.
9.6 The requirements in 9.0 through 9.5 shall be noted on the final
construction plans.
9.7 Following the submittal of the Statement of Substantial Compliance
and recommendation of approval of the streets by the County, the
applicant(s) may request release of the collateral for the project
or portion of the project by the Board. This action will be taken
at a regularly scheduled public meeting of the Board.
9.8 The request for release of collateral shall be accompanied by
"Warranty Collateral" in the amount of 10% of the value of the
improvements as shown in this Agreement excluding improvements fully
accepted for maintenance by the responsible governmental entity,
special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon
final approval by the Board of County Commissioners.
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F 0065 MARY ANN FEUERSTEIN CI.PRK & RECORDER WELD CO, CO
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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 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 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 maintained by the County or school
district.
10.2 The required acreage as determined according to the Weld County
Subdivision Regulations, may be reserved through deed restrictions
as open area, the maintenance of which shall be a specific
obligation in the deed of each lot within the subdivision.
10.3 In lieu of land, the County may require a payment to the County in
an amount equal to the market value at the time of final plat
submission of the required acreage as determined according to the
Subdivision Ordinance. Such value shall be determined by a
competent land appraiser chosen jointly by the Board and the
Applicant. The cash collected shall be deposited in an escrow
account to be expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,
executors, personal representatives, successors and assigns of the
Applicant, and upon recording by the County, shall be deemed a covenant
running with the land herein described, and shall be binding upon the
successors in ownership of said land.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first above written.
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F 0066 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
940491
IMPROVEMENT AGREEMENT
PRIVATELY MAINTAINED ROADS
BOARD OF COUNTY COMMISSIONERS
WE, I COUNTY, COLORADO
ATTEST: r " ueln
Weld Coui1,w. Yk to a Board c'
s
BY:
eputy Clerk -to';t e, Boar
t1 O1O/O1
APPROVED AS TO FORM:
Cody Attorne
APPLICANT
L,T
BY: v CP:
Subscribed and sworn to before me this . 5* day of / / I ,' 1
Ily
My Commission expires: SI/u f'Z K �/ I ✓
MI COMMISSION EXPIRES JAN. 1, 1956 Notary Public
eprivete.db
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F 0067 MARY ANN FEIJERSTEIN CLERK R RECORDER WELD CO, co •
940491
` EXHIBIT "A" h
Name of Subdivision: S`h;\Oh ES\ \Cs "9.1).t).
Filing: F;rcr `` 11 (n n \ f II11
} (� fl
Location: Sou'Vheack Quarter O'r .Qe t;en LittonsL:f, 10 K)o4\ 1t anyc ���CSt Ate�oi� 91.
Intending to be legally bound, the undersigned Applicant hereby agrees to provide
throughout this subdivision and as shown on the subdivision final plat County
dated 19 , recorded on
19 , in Book , Page No. , Reception No. , the
forming improvements.
(Leave spaces blank where they do not apply)
Estimated
Improvements Unit Cost Construction Cost
Street grading 1. 15Sj. y t' /f 47.5"°-
Street
base 5. 1617 q er/o� g 46 21'
Streetpaving ,S.do/ ,i 3O/ 'l Ton-
Curbs. gutters. & culverts /.1.661t. // /.SO
Sidewalk
Storm sewer facilities
Retention ponds
pitch improvements /I/ S-00.LW-
Subsurface drainage
Sanitary sewers
Sanitary sewers
Trunk & forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply & storage
Water mains-Includes Bore //.SO/ii .30, &e1D °"
Fire hydrants ? ® R, O&S G/l930--
Survey & street monuments & boxes //, •/50a1-
Street lighting
Street name signs 45O'
Fencing requirements 4,50/{f 9.3004°
Landscaping a AA 750°p-
Park improvements G.SO/M 7rit&nq 9, SOe a
3 4,60
Road Culvert
Grass Lined Swale 800°x"
Telephone /3, Ado a,
Gas 3/, / .10¢-'
Electric 9,S0 / 39,Sa10a—
Water Transfer
SUB-TOTAL 0T40.5, 810 °—
Engineering and Supervision Costs cli$,,500a"
(testing, inspection, as-built plans and work in addition to preliminary and
final plat; supervision of actual construction by contractors)
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F 0068 MARY ANN FR.UERSTF..1 N ('LERK. & RECORDER WELD CO, CO
940491
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ nolo 3709'2"
The above improvements shall be constructed in accordance with all County
requirements and specifications, and conformance with this provision shall be
determined solely by Weld County, or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set
out in Exhibit "B".
"Amp iff4104. eh).4!_eicee
(In corporation, to be signed by President and attested to by Secretary, together
with corporate seal. )
Sr4/ Date: 19 9 q.
eve
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F 0069 MARY ANN FEUERSTEIN CLERK & RECORDER WF)Ln C1/0 n
940491
\ CC EXHIBIT "B"
Name of Subdivision: S\1:'o\ CS1akes T: 11.1).
Filing: F;rt� 11 p \ 11 nn 11II �/
Location: Soa4her\ ( asi er n4 SeeA:nn � ToupntL;p L IJn,1� 1n.,re 101 West 6.. The will .
Intending to be legally bound, the undersigned Applicant hereby agrees to
cons r the improvements shown on the final subdivision plat of
g 0\A F o4 es PU,U. Subdivision, dated
, 19 , Recorded on , 19 , in
Book , Page No. , Reception No. , the following
schedule.
All improvements shall be completed within I 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
Site grading 5i/ •k S-in a7 Wee. s
Street base 7-4 fe '1- Il d wee s
er, O Street paving 8'- S to S-14 I Wee
U Curbs. gutters. and culverts 1-4I +e 7-11 4 wear
Sidewalk
"' �'
r- U Storm sewer facilities
Retention ponds
A Ditch improvements to-so •36 f'3 d1 week's
3
c g Subsurface drainage
c :
Sanitary sewers
x.W Trunk and forced lines
c' Mains
os
o Laterals (house connected)
w On-site sewage facilities
.4, x c On-site water supply and storage
Water mains 5-26 Io b l9 --swat.
N
.-I x ire h drants 5-2o 4t, 42- I, 3 Wea
a.a. Survey & street monuments & boxes .c-1L +e 8-aB
-t a Street lighting
rn U
�. Street name signs 9-S lo 4"-// /wed(
o H Fencing requirements 9-s 'its 9-25 3wee�.'s
w Landscaping 9'-o- 1.9 9-15 q wee.Ks
11) Fl
0 U1 Park improvements S-/(o fo 4L4.41 4 week)
x Telephone 'f-It -to 8-`( 3 weeKs
O, O Gas S-/S +o 9-4 3 wee r
a w Electric 7-IS 40 %^'f 3 Wee. f
'.-' Water Transfer
m z Sub-Total S-/b -{e s''a5 Iqweas
IN o ¢ The County, at its option, and upon the request by the Applicant, may grant an
> extension of time for completion for any particular improvements shown above,
r ¢ upon a showing by the Applicant that the above schedule cannot be met.
,x x, l..44/1 ems. de,het
� 4._
ac
- C. f corporation, to be signed by President and attested to by Secretary, together
x, with corporate seal. )
�
Date: J!--/r/ , 19 94.
940491
081 P02 MAY 23 '94 05:59
EXHIBIT "C"
Name Of Subdivision: Shiloh Estates P.U.D.
Filing : First
Location , Southeast Quarter of Section 4,Township 6 North, Range 67 West of the 6th P.M.
This exhibit is to be used as a basis for phased release of collateral on the construction of
improvements in the Shiloh Estates P.U.D. as set forth in exhibit "A". The County shall release
portions of collateral as set forth in this exhibit, less 15% warranty collateral upon certified
completion of all items within that phase.
Phase Total Cost Less 15%
Completion of Water main and Fire Hydrants $37,015.0O $31,462.75
Completion of Culverts, Ditch improvement,
Park improvements, Grass Swale $26,180.00 $22,253.00
Completion of Street grading, Street base $42,315.00 $35,967.75
Completion of Street paving $30,770.00 $26,154.50
Completion of Electric Service $39,520.00 $33,592.00
Completion of Gas Service $31,120.00 $26,452.00
Completion of Telephone Service, Fencing,
Street Signs $22,750.00 $19,337.50
Completion of Survey, Street monuments
& boxes, Landscaping $34,200.00 $29,070.00
Completion of Engineering and Supervision $28,500.00 $24,225.00
Totals $292,370.00 $248,514.50
u EIV
\\I NAY 2 5 1994 \\I
-Maki Planning
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F 0071 MARY ANN FEUERSTEIN CLERK Etc RECORDER WELD CO, CO
MAY 23 '94 04:53 PAGE.002
940491
<<� MEMORAnDUM
V I Board of County Commissioners May 23, 1994
COLORADO From Date
Greg Thompson, Current Planner
(Jr
S-354 Shiloh Improvements Agreement and Form of Collateral
Subject:
The applicant has submitted an improvements agreement according to policy
regarding collateral for improvements and a letter of credit. Both the
improvements agreement and form of collateral were submitted to satisfy Condition
of Approval 0l.a. for Case 0S-354 which was approved by the Board of County
Commissioners on April 27, 1994.
The improvements agreement has been reviewed by Don Carroll, Weld County Public
Works Department, and Lee Morrison, Weld County Attorney's Office. Both
indicated they have no problem with the improvements agreement. Additionally,
Lee Morrison indicated the letter of credit is satisfactory. The Department of
Planning Services' staff recommends approval of the improvements agreement and
acceptance of the letter of credit.
940491
o ! MEfORAfDUfn
IIIIIIk Greg Thompson
To Planning Date May 20 J994
COLORADO From Donald Carroll OM
Subject: Shilo S-354
I have reviewed the improvements agreement policy regarding collateral for
improvements on a private road maintenance. After visiting with the applicant
and verifying costs and quantities on Exhibit A, I have no conflict with what
has been submitted.
cc: Commissioner Kirkmeyer
File S-354
IIjW.W_TN-
ll' MAY 2 U 1954
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940491
MAY 20 ' 94 9: 54 FROM WELD COUNTY GOUT PAGE . 002
# mEMORAnDUM
WILD Greg Thompson May 18, 1994
To Dote
COLORADO go F) Lee D. Morrison, Assistant County Attorney
Shiloh Form of Collateral and Improvements Agreement
Subisv
I have reviewed the form of collateral in the nature of Letter of
Credit # 744 issued by First Interstate Bank of Ft. Collins, N.A. ,
and the Improvements Agreement according to policy regarding
collateral for improvements (private road maintenance) for Shiloh,
Inc. The Letter of Credit is satisfactory in form and the Improve-
ments Agreement is also satisfactory, except that signature pages
are required for the Board and for the developer. The developer
did sign the exhibits and this does not represent any problem in
substance. The signature page can be generated from our work
processor. Phasing should be addressed by means of separate
exhibits showing plased developmentt cvlCyor% , 10 11
The Covenants have certain corrections that need to be made. Page
9 contains a reference to the zoning ordinance of the City of
Ft. Collins in 3.22.4. There is a similar mistake in item 7.2.
Section 2.4 specifically provides for the developer installing
ditches and specifically refers to the installation of the street
as an obligation of the developer.
The PUD is subject to the Colorado Common Interest Ownership Act
since it has more than 12 units and it is assumed, because there is
no specific language to the contrary, that other than the right to
have show homes and related sales offices (Section 3.33) it is not
contended that developers retain any other development rights. The
Act also specifies that the maximum number of units is supposed to
be set out in the Declarations and I was not able to specifically
find that, although it has probably been addressed by means of
reference to the plat.
The only other consideration is that the PUD statute provides a
mechanism for a Board of County Commissioners to assess costs of
maintenance where the homeowners' association has failed to do so
and placed those costs as liens. That section is found at 24-67-
105 and applies specifically to common open space under subsection
(6) . Language similar to the statutory language could be used to
assure that maintenance could be performed by the county should the
County so choose.
LDM/gb:thompson
940491
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