HomeMy WebLinkAbout940515.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PHASED DEVELOPMENT) AND ACCEPT COLLATERAL FOR PHASE I -
THE VILLA AT GREELEY, 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 December 8, 1993, the Board did approve a
Planned Unit Development Plan (PUD) , First Filing, Fort Junction PUD, for The
Villa at Greeley, Inc. , and Condition of Approval {lla required an Improvements
Agreement and form of collateral be submitted for approval by the Board of County
Commissioners, and
WHEREAS, the Board has been presented with an Improvements Agreement
According to Policy Regarding Collateral for Improvements (Phased Development)
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and The Villa at Greeley, Inc. , 1750 6th Avenue,
Greeley, Colorado 80631, with terms and conditions being as stated in said
agreement, and
WHEREAS, The Villa at Greeley, Inc. has presented collateral for Phase I
to the Board in the form of Irrevocable Letter of Credit 1!547 drawn on the Union
Colony Bank, in the amount of Twenty-Two Thousand Three Hundred Ninety-Three
Dollars ($22,393) , dated May 27, 1994, and
WHEREAS, after review, the Board deems it advisable to approve said
agreement and 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 (Phased Development) between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld
County, and The Villa at Greeley, Inc. be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the abovementioned collateral for
Phase I in the form of Irrevocable Letter of Credit 11547 drawn on the Union
Colony Bank, in the amount of $22,393, dated May 27, 1994, be, and hereby is,
accepted.
/ 940515
�C /GL) e ; PC. , The Li//a, /nc -
IMPROVEMENTS AGREEMENT; ACCEPT COLLATERAL - THE VILLA AT GREELEY, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 1st day of June, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: fluekdaftei
WELD COUNTY,`� COLORADO
Weld County Clerk to the Board //( /L d (Amnia
� . H. ebster, Ch irm
BY: Deputy
k / OICI Board
Deputy C rk to the Board Dale Hall, - m
APPROVED AS TO FORM:
J Geor E. Baxter
County Atto ney Av.? Constance L. Harber
/
, Barbara J. Kirkmey r
940515
AR2J4d47y IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS •
PHASED DEVELOPMENT
THIS AGREEMENT, made and entered into this day of , by and
between the County of Weld, State of Colorado, acting throug its Board of County
Commissioners, hereinafter called "County", and The Villa At Greeley , Inc .
hereinafter called "Applicant" .
WITNESSETH:
' t
WHEREAS, Applicant is the owner of or has a controlling interest in the following
described property in the County of Weld, Colorado:
LOT "A" of AMENDED RECORDED EXEMPTION NO. 1313-2-3-RE7'30 ) ACCORDING
TO THE MAP RECORDED APRIL 8., 1987 IN BOOK 1152 AS RECEPTION
NO . 2095052 , BEING A PORTION OF THE SW 1/4 OF SECTION 2 , TOWNSHIP
2 NORTH, RANGE 68 WEST OF THE 6TH P .M. , WELD COUNTY, COLORADO .
WHEREAS, a final subdivision/PUD plat of said property, to be known as
Lot 1 Ft . Junction PUD, First Filing has been submitted to
the County for approval; and
WHEREAS, 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: Appl
icant 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 f ..
improvements.
1.2 The required engineering services shall consist of, but not be limited to,
surveys , designs , plans and profiles, estimates, construction supervision, I,
and the submission of necessary documents to the County.
B 1445 REC 02392471 06/09/94 11 : 15 $0 . 00 1/015
F 1999 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO t,
940515 '''
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.
B 1445 REC 02392471 06/09/94 11 : 15 $0 . 00 2/015
F 2000 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
940515
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
B 1445 REC 02392471 06/09/94 11 : 15 $0 . 00 3/015
F 2001 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
940515
notify the applicant(s) of any deficiencies. The County
aEn(i)eeras shall
l
reinspect the streets after notification from the app
deficiencies have been corrected. If the County Engineer finds that the
streets are constructed according to County unqualifiedshall hallmrecomtend
full approval. Upon a receipt of a positive the
from the County Engineer for approval of streets within
ve said development,
elopstreetsnt,
the Board of County Commissioners shall fully app
s
public but with private pay.
7.0 General Re uirements 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
own ant in
this
stais
Agreement. Prior to Final Plat approval, the
indicated which of the five types of collateral he prefers by to
tbe
utilized to secure the improvements subject to final approval
Board of County Commissioners and the execution of this Agreement.
Acceptable collateral shall be submitted and
ndval e plI f t acrecoaded
recorded
within six (6) months of the Final Plat appmonths then the
Plat lteral has approval t n and submitted
within (6)all preliminary approvals shall
Final applicant may request that the County
automatically expire.
extend the approval Final Plat provided the cost estimates are
updated and the development plans are revised to complywith 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
on,these time on
ortion ofhthe collateral sand stake i a make
frames, steps to ee demand
that the
all or a p
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 rovedrovidee
collateral for the improvements in each filing as app
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 nce o fbuil are building permits in place and
collateral is provided or until imp
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
„R„
B 1445 REC 02392471 06/09/94 11 : 15 $0 . 00 4/015
F 2002 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
940515
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 Plat approval, whichever occurs first. Said
letter shall stipulate that, in any event, the Letter of
Credit shall remain in full force and effect until after the
Board has received sixty (60) days written notice from the
issuer of the Letter of Credit of the pending expiration.
Said notice shall 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:
B 1445 REC 02392471 06/09/94 11 : 15 $0 . 00 5/015
F 2003 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
940515
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.
B 1445 REC 02392471 06/09/94 11 : 15 $0 . 00 6/015
F 2004 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
940515 '
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.
B 1445 REC 02392471 06/09/94 11 : 15 $0 .00 7/015
F 2005 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
940515
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 PUB 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.
B 1445 REC 02392471 06/09/94 11 : 15 $0 . 00 8/015
F 2006 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
940515
IMPROVEMENT AGREEMENT
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
f /
•
/ / 1ATTEST: kith /VZ ty f c"
Weld County Clerk tp: the Board "
eputy' act C",4,Nhe Bo
APPROVED AS TO FORM:
Cou _ Attorney
APPLICANT •
BY: •
(t e)
Subscribed and sworn to before me this 7yt-h day of rn1- ,. y .'," 19
My Commission expires: K; _ \ yam-
n..t{'1
Afr otat Public ' r o
E Ett(yl, 1994
B 1445 REC 02392471 06/09/94 11 : 15 $0 . 00 9/015
F 2007 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
940515
EXHIBIT "A"
Name of Subdivision: pt. .Tine} i nn pup
Filing: Fi rat Fi i ing - P w Otte
South of and adjacent to W.C.R . 24 Z; East of and adjacent to
Location: I-25 frontage road
Intending to be legally bound, the undersigned Applicant hereby agrees to provide
throughout this subdivision and as shown on the subdivision final plat County
dated , 19 , recorded on the
19 , in Book , Page No. , Reception No.
following improvements.
(Leave spaces blank where they do not apply) Estimated \`
Improvements Unit Cost Construction Cost
Street grading
Street base
Street paving
Curbs. gutters. &culverts
Sidewalk .00
Storm sewer facilities $15 .077 .00 ti
, 077
ponds $ 2 . 50 $ 6, 9 (-)0 07777 n0
Ditch improvements
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
Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Road Culvert
Grass Lined Swale
Telephone
Gas '
Electric
Water Transfer
r
SUB-TOTAL $21 , 327 00
Engineering and Supervision Costs ( 5%) $ 1 ,066.00
(testing, inspection, as-built plans and work in addition to preliminary and 4
final plat; supervision of actual construction by contractors) s.
0 , 00 10/015
,
5
B 1445 REC 02392471 gTEINCLERKI&1RECORDER WELD CO, CO
F 2008 MARY ANN FEVER `
940515 ,
TOTAL ESTIMATED COST OF s.,PROVEMENTS AND SUPERVISION $ , 393 - PHASE I
The above improvements shall be constructed in accordance with all County
reuirements conformance with this its provision shall be
duly authorized agent.
Said improvements shall be completed according to the construction schedule set
out Exhibit "B" .
d b President and attested to b Secretary, togetheri..
(I corporation, to be signed y
with corporate seal. )
Date: /74/ , l9 9f< .
B 1445 REC 02392471 06/09/94 11 : 15 $0 . 00 11/015
F 2009 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
940515
EXHIBIT "A"
Name of Subdivision: Ft. Junction P.U.D.
First Filing - Phase Two
Filing:
South of and adjacent to W.C .R. 241/2; East of and adjacent to
Location: I-25 frontage road
Intending to be legally bound, the undersigned he licant subdivision agrees plat rovide
throughout this subdivision and as shown on
dated , 19 , recorded on the
19 , in Book , Page No. , Reception No.
following improvements.
(Leave spaces blank where they do not apply) Estimated
Improvements
Unit Cost Construction Cost
$ 2 .50 $ 2 , nn _nn
Street grading $ 4 .80 $64 . 000 -nn
Street base $ 3 .40 $45 . 330.0n
Street paving $ 6 . 90 $�� ,h�ti 00
Curbs. gutters . &culverts
Sidewalk $ 4 .00 $ 3. 440.00
Storm sewer facilities
Retention ponds
Ditch improvements •
Subsurface drainage
Sanitary sewers
Sanitary sewers
Trunk & forced lines
Mains $1R ,g3n 00
Laterals (house connected) $18 , 830. 00
On-site sewage facilities
On-site water supply & storage
Water mains-Includes Bore $88 . 800 .00 $88 , 800 .00
Fire hydrants 1 ,Rnn nn $ 3 ,600. 00
Survey & street monuments & boxe§t _21 ,Li nn n0 $ i , 100.00
Street li htin
Street name signs
Fencing requirements $68 .700 .00 $68 , 700.00
Landscaping $50,000 .00 $50 , 000_00
Park improvements
Road Culvert
Crass Lined Swale
Telephone
GAS
Electric
Water Transfer
$374 , 65 00
SUB-TOTAL
• Engineering and Supervision Costs_ ( 5%) $ 18, 963
(testing, inspection, as-built plans and work in addition to preliminary and
final plat; supervision of actual construction by contractors)
B 1445 REC 02392471 06/09/94 11 : 15 $0 . 00 12/015
F 2010 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
940515
TOTAL ESTIMATED COST OF i.LPROVEMENTS AND SUPERVISION $
3 , 229 - PHASE II
The above improvements shall be constructed in accordance with all County
reuiremendetes rmined
solely by Weld County, or its duly authorized ag
Said improvements shall be completed according to the construction schedule set
• out in ibit "Il
(In. poration, to be signed by President and attested to by/Secretary, together
•
with corporate seal.)
Date: /lily 26 , 194W .
•
B 1445 REC 02392471 06/09/94 11 : 15 $0 . 00 13/015
F 2011 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
940S1t
EXHIBIT "B"
Name of Subdivision: Ft . Junction P.U.D.
Filing: First Filing - Phase One
South of and adjacent to W. C . R. 241; East of and adjacent to
Location:
I-25 frontage road
Intending to be legally bound, the undersigned Applicant hereby agrees to
construct the improvements shown on the final subdivision plat of
Subdivision, dated
, 19 , Recorded on , 19 , in
Book , Page No. , Reception No. , the following
schedule.
All improvements shall be completed within 2 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
oU Street base
o Street paving
a. O Curbs. gutters. and culverts
U Sidewalk
Storm sewer facilities
o w Retention ponds & weeks
0 3 Ditch improvements
o Subsurface drainage
Sanitary sewers
Trunk and forced lines
U Mains
a Laterals (house connected)
On-site sewage facilities
On-site water supply and storage
Water mains
Fire hydrants
rn U Survey & street monuments & boxes
rn z . Street lighting
o ''` Street name siens
HFencing requirements
o a Landscaping
Park improvements
r- w Telephone
P' Gas
• z Electric
N• < Water Transfer
o y, Sub-Total '
(:6 The County, at its option, and upon the request by the Applicant, may grant an
p4 x extension of time for completion for any particular improvements shown above,
upo a showin by the Applicant that the above schedule cannot be met.
N
o
rI N
G" (I orporation, to be signed by President and attested to by Secretary, together
with corporate seal. ) Date: fr1�t/ 2 , 19 9y.
940515
EXHIBIT "B"
Name of Subdivision: Ft . Junction P .U.D.
Filing: First Filing - Phase Two
South of and adjacent to W. C . R . 241/2; East of and adjacent to
Location:
I-25 frontage road
Intending to be legally bound, the undersigned Applicant hereby agrees to
construct the improvements shown on the final subdivision plat of
Subdivision, dated
, 19 , Recorded on , 19 , in
Book , Page No. , Reception No. , the following
schedule.
ulri OU All improvements shall be completed within 2 years from the date of
o approval of the final plat.
I o
-I o Construction of the improvements listed in Exhibit "A" shall be completed as
ca follows:
a
0 3 (Leave spaces blank where they do not apply.)
o
w Improvements Time for Completion
Q
aSite grading 6 weeks
w Street base 2 weeks
to a Street paving 2 weeks
▪ as Curbs. gutters, and culverts 4 weeks
Sidewalk 2 weeks
ri x
a Storm sewer facilities
yr a Retention ponds
a,U Ditch improvements
rn Z Subsurface drainage
o '
w Sanitary sewers
o El Trunk and forced lines
C4 Mains
✓ 5 Laterals (house connected)
w w On-site sewage facilities
N On-site water supply and storage
en z Water mains 6 weeks
N < Fire hydrants 4 weeks
o >4 Survey & street monuments & boxes
w RC
¢ Street lighting 4 weeks
x £ Street name signs
In m Fencing requirements 2 weeks
w o Landscapinz 5 weeks
'l N Park improvements 4 weeks
W w Telephone
Gas
Electric
Water Transfer
Sub-Total Site work improvements in 14 months . 54 weeks to be rnmpleted .
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,
up a showing by the Applicant that the above schedule cannot be met.
sitfry
(I corporation signed by President and attested to by Secretary, together
with corporate seal.)
Date: /liCL�/„6 , 19 67q.
// 940515
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
re /OT
P.O. Box 850 -
Greeley,Colorado 80632-0850
(303)353-1232
May 23, 1994
Mr. Keith Schuett
Department of Planning Services
1400 N. 17th Ave.
Greeley, CO 80631
Re: ROW dedication by The Villa At Greeley, Inc.
Dear Mr. Schuett:
As you are aware, The Villa At Greeley, Inc. has applied to Weld County for
developmental approval in the area of WCR 24 1/2 and the I-25 Frontage Road.
It is a requirement of Weld County for the property owner to make a right of
way dedication for the 1-25 Frontage Road realignment to the Colorado
Department of Transportation (CDOT) and for this dedication to be shown on the
final plat. At this time, the final design of this roadway has not been
completed by CDOT. However, CDOT does have a commitment from the present
landowner, The New Creations Ministries Church and The Villa at Greeley, Inc. ,
for this right of way dedication.
Therefore, to meet the Weld County Department of Planning Services requirement,
CDOT is satisfied that "according to the Colorado Department of Transportation
final design and predicated on the formal metes and bounds description, any
dedication or documents deemed necessary by the CDOT will be provided by the
property owners."
If I may answer any questions, you may call me at 350-2152.
Sincerely,
alrec- -
Bob Grube SR/WA
Right of Way Supervisor
BLG/cm
cc: E. Tormohlen/Staff ROW
Lee Morrison/The Villa at Greeley
File
MAY 2 5 1994 I
940515
THE
1750 6th Avenue, Greeley, Colorado 80631, (3O3) 353-9263
l J /Li John T. Coppom. Ph.D.
) 1 / Administrator
May 5, 1994
Mr. Lee Morrison
Weld County Attorney ' s Office
915 10th St.
Greeley, CO 80631
Dear Mr. Morrison:
Attached is the Improvements Agreement for the Fort Junction
P.U.D. , First Filing. As you can see, the improvements are divided
into two phases of development, in accordance with section 7 . 2 of
the agreement.
Phase One shows the improvements for the detention ponds and storm
sewer facilities . These improvements were chosen because 1 )
they are the first improvements entailed in the project, and
2 ) should the project not proceed beyond Phase One, for some
unknown reason, these improvements would be of benefit to the
property for any future commercial application to be wholly
completed. Thank you very much.
incereely
4.1
John Copp
Administrator
940515
ist
mEmoRAnDum
VintBoard of County Commissioners May 31, 1994
To Date
Keith A. Schuett, Current Planner II
COLORADO From
5-344 The Villa at Greeley, Inc. , Improvements Agreement
subject: and Form of Collateral for Phase I Construction.
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 #1.a. for Case S-344 which was approved by the Board of County
Commissioners on December 8, 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 no problem with the improvements agreement. Additionally, Lee Morrison
indicated the letter of credit for Phase I is satisfactory. The Department of
Planning Services' staff recommends approval of the improvements agreement and
acceptance of the letter of credit for Phase I construction.
940515
Hello