HomeMy WebLinkAbout911041.tiff AR2309832
LANDSCAPE IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this oaf, —
day of
i14,O U St , 1991, between the County o£ Weld, State of
Colorado, acting through its Board of County Commissioners,
hereinafter referred as "County" , and Black Hills Trucking, Inc. ,
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U hereinafter referred to as "the Applicant" .
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-to WITNESSETH,
A WHEREAS, the Applicant has a controlling interest in the
00 following described real property situated in the County of Weld,
State of Colorado:
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a (As set forth in the attached Exhibit "A" )
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WHEREAS, on July 19, 1991, the County granted conditional
N d approval of Applicant' s Site Plan Review No. 156 with respect to
▪ w the above referenced real property; and
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w WHEREAS, one of the conditions of such Site Plan Review
N approval was that all of the landscaping required by the County
U must be installed no later than April 30, 1992; and
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o ~ WHEREAS, an additional requirement of the Site Plan Review
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E4 Approval is that 100% of the cost of such landscaping is to be
a secured for the benefit of the County, thereby assuring the
, a County that such landscaping will be installed upon the property
' ' W in accordance with the conditional approval .
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rt1 z In consideration of the foregoing and acceptance of the
N 4 Final Plat, the parties hereto agree as follows :
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w 1 . Landscaping: The Applicant shall furnish the
x landscaping as described in the Final Plat provided by Applicant
r o to the County. Such landscaping shall be installed no later than
`n., � April 30, 1992, unless prevented or delayed by Acts of God or
ri rl unavailability of the trees and shrubs necessary for completion
w w of the landscaping.
2 . Release of Liability: All contractors and other
employees engaged in construction of the landscaping improvements
shall maintain adequate Worker' 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.
3 . General Requirements for Collateral : The value of all
collateral submitted to County must be equivalent 100% of the
value of the landscaping improvements as shown on the Final Plat.
The parties hereto acknowledge and agree that $25,000 shall be
equivalent to 100% of the value of such landscaping improvements .
Prior to final plat approval, the Applicant shall provide a
letter o£ credit drawn upon Hilltop National Bank, Casper,
Wyoming, for the benefit of the Board of County Commissioners of
Weld County, Colorado in order to insure that the landscaping
improvements described in the Final Plat can be completed at the
direction of the County if such have not been completed by the
Applicant by April 30, 1992 . If the landscaping improvements are
not completed by April 30, 1992, then the County, at its
discretion, may make demand upon Hilltop National Bank for
payment of the letter of credit, or any portion thereof, and
thereafter take appropriate steps to insure that the landscaping
improvements are completed in accordance with the Final Plat.
The Board of County Commissioners of Weld County, Colorado
reserve the right to grant any extensions of the time frame for
completion at its sole discretion.
4. Collateral : The letter o£ credit drawn upon Hilltop
National Bank, Casper, Wyoming, for the benefit of the Board of
County Commissioners of Weld County, Colorado, shall take the
PL0464
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general form as shown in Exhibit "B" , attached hereto and
incorporated herein by this reference. If the landscaping
improvements have been completed by the Applicant by April 30,
1992, then the County shall take appropriate steps to see that
the letter o£ credit is released and proper notification
delivered to Hilltop National Bank. If the landscaping
z p improvements are not completed by April 30, 1992 and if the
o u County has not granted an extension for completion of such
-- - improvements, then the County may make a demand on Hilltop
" o National Bank for such portion of the letter of credit as is
Q necessary to complete such landscaping improvements in accordance
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• with the Final Plat.
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5 . Request for Release of Collateral : Upon request by the
m w Applicant, the County shall review the status of the landscaping
z improvements provided to the subject property by the Applicant
u and, if such landscaping improvements have been completed in
w accordance with the Final Plat, then the County shall take
N a appropriate steps to release the aforesaid letter of credit. At
- ,a reasonable times during the construction of the landscaping
H z improvements, the County reserves the right to inspect the status
w• of the existing work.
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6 . Successors and Assigns : This Agreement shall be binding
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upon the parties hereto and their respective heirs, successors
-- H and assigns . In the event that this Agreement shall be placed of
i-i arecord by any party with the County Clerk and Recorder' s office,
w then the parties hereto agree to execute any and all reasonable
"' Q documents necessary to appropriately release such cloud on the
Mw w title to such property upon fulfillment of the terms of this
o z agreement.
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N IN WITNESS WHEREOF, the parties hereto have caused this
u a Agreement to be executed on the day and year first above written.
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a BOARD OF COUNTY COMMISSIONERS,
r cp WELD COUNTY, COLORADO
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By:
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By
ATTEST: 1 Weu fie__
WELD COUNTY �
. CLERK TO THE BOARD
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DY-4 ��, ...-t-j�p,-��/ ..- cis
�uty :.' _i__ .Clerk----- \
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Approv as to Form:
,,,e,c-IS,
Co ty Attorney
BLACK FjXtLS T C ,--ThI
By: V /112/1 /2 N]/
Title: /1'
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,_,_ r.'l:. . i LE u state Docpmen ary F
Date....21O4:1.1`!,./,..:
THIS DEED, Made this 6 ?6' . O c'
2nd day of July, 1991, between Riblet Products
Corporation, a corporation duly organized and existing under and by virtue of
the laws of the State of Delaware (Grantor) , and Black Hills Trucking, Inc, ' a
corporation duly organized and existing under and by virtue of the laws of the
State ong f (Grantee) ; whose legal address
is ,P.�,_:p��r z 36 0
WITNESSETH, That the Grantor, for and in consideration of the sum of Ten
C. . Dollars ($10,00) and other valuable consideration, the receipt and sufficiency
u of which is hereby acknowledged, has granted, bargained, sold, and conveyed, and
eL'e• by these presents does grant, bargain, sell, convey, and confirm, unto the
")' Grantee, its successors and assigns forever, all the real property together with
improvements, if any, situate, lying and being in the County of Weld and State
of Colorado, described as follows:
ke o That part of the SE 1/4 of Section 31, Township 1 North, Range 66
io West of the 6th Y.M. , County of Weld, State of Colorado, described
o as: Beginning at the Southeast corner Section 31; thence South 90
c) degrees 00 minutes 00 seconds West on an assumed bearing along the
o South line said Section 31 a distance of 1804,55 feet to a point on
o the West R.O.W. line of the Union Pacific Railroad Company; thence
North 13 degrees 47 minutes 30 seconds East along said R.O.W. line
IA- w a distance of 2685.46 feet; thence South 89 degrees 52 minutes 30
a seconds West parallel with said North line a distance o£ 211. 86
o feet; thence South 13 degrees 47 minutes 30 seconds West a distance
N w of 10,30 feet; thence South 89 degrees 52 minutes 30 seconds West
Na distance of 316.58 feet to the true point of beginning; thence
. 0 continuing South 89 degrees 52 minutes 30 seconds West a distance
•4-i of 610.00 feet; thence South 27 degrees 40 minutes 30 seconds West
rnw a distance of 108.159 feet; thence South 16 degrees 34 minutes 30
v seconds West a distance of 452.627 feet; thence North 90 degrees 00
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minutes 00 seconds East a distance of 659. 133 feet; thence North 17
o w degrees 11 minutes 25 seconds East a distance of 332.191 feet to the
H w beginning of a curve to the left, the delta of said curve is 17
a degrees 18 minutes 55 seconds tho
Mw radius of said curve is 717.38
w feet; thence along the arc of said
cow to the true point of beginning, curve a distance of 216 . 80 feet
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oalso known by street and number as 12556 Weld County Road 2 1/2, Brighton,
Colorado.
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o: TOGETHER, with all and singular the heredttaments and appurtenances
r• N thereunto belonging, or in anywise appertaining, and the reversion . and
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O reversions, remainder and remainders, rencs, issues and profits thereof; and all
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'-I '--I the estate, right
title, interest, claim and demand whatsoever of the Grantor,
mw either in law or equity, of, in and to the above bargained premises, with the
heredltaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with
the appurtenances , unto the Grantee, its successors and assigns forever. And
the Grantor, for itself, its successors, and assigns, does covenant, grant,
bargain and agree to and with the Grantee, its successors and assigns, that at
the time of the ensealing and delivery of these presents, it is well seized of
the premises above conveyed, has good, sure, perfect, absolute and indefeasible
estate of inheritance, in law, in fee simple, and has good right, full power and
lawful authority to grant, bargain, sell and convey the same in manner and form
aforesaid, and that the same are free and clear from all former and other
grants, bargains , sales, liens, taxes, assessments, incumbrances and
restrictions of whatever kind or nature soever, except unpaid real estate taxes
and applicable restrictions and easements of record. The Grantor shall and will
WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and
peaceable possession of the Grantee, its successors, and assigns, against all
011.041
entr.tertnel 4 8 X/r "(11V- 7M-C-Criede/I
a l'elig-gl
Exhibit "A"
L') I'`' 'Ul. L CL, _e..:LI ._y cLa_ming or to claim the whole or any part
thereof.
IN WITNESS WHEREOF, the Grantor has caused its corporate name to be
hereunto subscribed by its Vice President and Assistant Secretary, and its
corporate seal to be hereunto affixed, the day and year first above written.
------CORPURAE -...'\
Riblet Products ' RIBLET PRODUCTS CORPORATION
\ Corporation
\ Donald L. Smith, Vice President
N` SEAL �/ and Assistant Secretary
-
STATE OF INDIANA )
COUNTY OF EIKHART � SS:
The foregoing instrument was acknowledged before me this 2nd day of July,
1991, by Donald L. Smith as both Vice President and Assistant Secretary of
Riblet Products Corporation, a Delaware corporation.
Witness my hand and official seal.
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., it _ .a;un#�s.ion Expires: ✓J `7rt'^��
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' !' es IL. Todd, Notary Public
' u *e�bruiry 25, 1994 / Residing in Elkhart County, Indiana
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Issue Date
1/4o o Board of County Commissioners of
go Weld County, Colorado
° o Greeley, CO
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o Re: Irrevocable Letter of Credit No.
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d' q Beneficiaries:
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o By order of our client, Black Hills Trucking, Inc. , we hereby
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(?! Qs establish this Irrevocable Letter of Credit No. in your favor
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wfor an amount up to but not exceeding the aggregate sum of Twenty
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2: u Five ,Thousand Dollars ) effective immediate) and
($25 , 000 . 00 y,
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H expiring at the offices of the bank on June 30, 1992 , unless
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w renewed as hereinafter provided.
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ry Funds under this Letter of Credit are available to you
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w z against your sight draft, signed by one authorized Commissioner,
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drawn on us bearing the clause "Drawn under Credit No. �" and
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H H accompanied by (a) an affidavit, signed by the authorized
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Commissioner stating that you are entitled to draw funds pursuant
to this Letter of Credit, and (b) the original of this Letter of
Credit.
This Letter of Credit sets forth in full the terms of our
undertaking. Such undertaking shall not in any way be modified,
amended or amplified by reference to any document or instrument
Exhibit "B"
P.3/2,
referred to herein or in which this Letter of Credit is referred to
or to which this Letter of Credit relates and any such reference
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shall not be deemed to incorporate herein by reference any document
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or instrument.
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� w All opening bank charges and commissions incurred in this
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otransaction are for the account of Black Hills Trucking, Inc.
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We hereby agree with the drawer, endorser and bona fide
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c;74, d holder of a draft drawn under and in compliance with the terms of
OH . this credit that such draft will be duly honored upon presentation
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.i a to the drawee.
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M Z Except as otherwise expressly stated herein, this credit is
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a subject to the Uniform Customs and Practice for Commercial
z a. Documentary Credits (1983 Revision) I.C.C. Publication No. 400. In
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M o the event of any interruption of the Bank's business by reason of
W any occurrence as described in Article 19 of I.C.C. 400, or for any
other reason, and in the event that this Letter of Credit by its
terms would expire during such period of interruption, the Bank
agrees to extend the expiration date of this Letter of Credit for
a period of one calendar week after receipt by the Board of County
Commissioners of notification that normal business of the Bank has
been resumed.
Very truly yours,
HILLTOP NATIONAL BANK
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