HomeMy WebLinkAbout981185.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) FOR
JUBILEE ACRES MINOR SUBDIVISION, ACCEPT COLLATERAL, AND AUTHORIZE
CHAIR TO SIGN - GRIESER
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 May 27, 1998, the Board approved a Site Specific
Development Plan and Final Plat for a Five-Lot Minor Subdivision, S #448, for Merle and Karla
Grieser, 20390 Weld County Road 44, LaSalle, Colorado 80645, on the following described real
estate, to-wit:
Lot B of RE #789 being in the E% E% NW% of
Section 21, Township 4 North, Range 65 West of
the 6th P.M., Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval in said Resolution, 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 Merle and Karla
Grieser, with terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Irrevocable Letter of Credit #171 drawn
on the Independent Bank in the amount of$49,407.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept collateral as stated above, 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 (Privately Maintained Roads) between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and Merle and
Karla Grieser, be, and hereby is, approved.
BE IT FURTHER RESOLVED that Letter of Credit#171 drawn on the Independent
Bank in the amount of$49,407.00, be, and hereby is, accepted.
Pt • 6rl ebecs 981185
PL1231
IMPROVEMENTS AGREEMENT - GRIESER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of July, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: M t* F.." EXCUSED DATE OF SIGNING (AYE)
� Constance L. Harb rt, Chair
Weld County Clerk to /q/ ,// i el (1
/ W. H. ebster, Pro-Tem
BY: / f
Deputy Clerk to the :�wf < .
orge . Baxter
AP AS TO F M:
Dale K. Hall
nt orn EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
981185
PL1231
7OO
!. CnI Y
IMPROVEMENTS AGREEMENT ACCORDING
_5 POLIGYIREGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
Er,,,
THISAGREEMENT,made and entered into this day of , by and between
the County of Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter called
"County", and Me'e 2 t AA,4a L. 6f/t stk 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:
LOT 6 off Et 105S-11 - 2 LE 14.9 , SITVATE 114 TUE EAST' uA1.F OF TUE EAST um.;
of THE ucVTuwEsr quALTEt OF SEOnoLl tl, TOwusuiP 4 NOPRl , P1wtE l.S
WEST OF THE SnTU P.M., CevuN of WELD, STATE OF COLORADO.
WHEREAS, a final subdivision/PUD plat of said property, to be known as
JLMILEE AcLES Nnu.loL SUtowistoIJ has been submitted to the County
for approval; and
WHEREAS, of the Weld County Subdivision Ordinance 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.
1111111 11111 111111 IIII 11111111111111111 III 1 1111 1111111 Revised 12/95
2828700 07/27/1998 04:18P Weld County CO
1 of 14 R 0.00 D 0.00 JR Suit' Tsukamoto
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.
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.
11111111111 INDIAN 1111111 11111 III 111111111111 Revised IJ95
2628700 07/27/1998 04:16P Weld County CO
2 of 14 R 0.00 D 0.00 JA Sukl Tsukamoto
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
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
11101111111111111111 illJ X1111 �fl ��� ����� 110 VIII Revised 12/95
2628700 07/27/1998 04:16P Weld County CO
3 of 14 R 0.00 D 0.00 Jp Suki Tsukamoto
approval, the applicant shall indicated which of the five types of collateral prefered •
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".
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:
8.1.1 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".
8.1.2 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.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
111 111111 111 11111 3111 11111 III 11111 IIII III Revised 12/95
24gof714 RT0.001 P 0 0.00 JRSukidTsukamoto
8.1.4 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.
8.1.5 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.
8.1.6 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:
8.2.1 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.
8.2.2 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.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance
which is senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
1111111 11111 111111 DII 111111111111 HIM 11111 1111 1111 Revised 12195
2628700 07/27/1998 04:1BP Weld County CO
5 of 14 R 0.00 D 0.00 JA Sukt Tsukamoto
8.3.1 The cash in escrow is at least equal to 100% of the amount specified in the
Improvements Agreement.
8.3.2 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.
8.3.3 The escrow agent will be a Federal or State licensed bank or financial institution.
8.3.4 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.
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 Transportation Schedule for minimum materials sampling,testing
and inspections found in CDOT 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 thru 9.5 shall be noted on the final construction plans.
12 X111111111!/1121711/1 11919181 VIII! X111111 X1111III1111101111 IIII Revised 12/95
66of7/4 R70.00 090.00:JRP Suitt dTsukamoto
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 15%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.
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.
111111 11111 111111 1111 X1111 HUII11111III11111 VIII mm Revised 12,95
27gof700 14 R70.001998 D 0.00 JRPSukid County CO
Tsukamoto
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORAD
cfi t114? /
A t J>i c'. / /7
Weld! lerTtite.,, : ard
�I J IU/ 0 � 4 Ll �/LL2
BY: �//I tee. rL/i. ��1_..' p7/o8/98
D putt' Clerk to the :oard
APPROVED AS TO FO .
Cou ry ome
APPLICAiNIL"/BY: _z`,;
(title)
Subscribed and sworn to before me thisei day o 19c20
My Commission expires:
L /e/e_I NotsJry Pti c
M'FOR.MUPRNATE.DB
^ Revised IJ95
111111IIIIIIHIIII1111111II HIM IIIIIIIII1111 iIIIIII
2628700 07/27/1998 04:16P Weld County CO
8 of 14 R 0.00 0 0.00 JA Suki Tsukamoto
EXHIBIT "A" • C�
Name of Subdivision: .luatLea Ace.65 w.tuoe.. su@0iv141oti1
Filing: u/A
Location: Seca-mu 21 , 740 , ZbsvJ VdaaD Co,ury / C.,D.
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout
subdivision and as shown on the subdivision final plat County dated u
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 Cost
o.so/st.Yd. 4 4044 .r
Street trading IF 5444 `1-
Street base
Street paving
Curbs. gutters. & culverts
Sidewalk yon_
Storm sewer facilities (e-rawu anum') $ I.W I slue.
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Sanitary sewers
Trunk & forced lines
Mains
Laterals (house connected)
On-cite sewave facilities
On-site water sunoly& storage
m n°—
p f {► `a L2S f=
ni y�
o Water mains-Includes It Il.f
.4= Fire hydrants
a m OM Survey & street monuments &boxes
a Street lighting 3
e p-- Street name signs $ 150 Oe /nits, leo
m J= fencing requirements A 991.
w_ Landscaping (re- J..-s t,."r,.. d;+J<s\ #o.oy f 4jFf
m 1111
a— Park improvements
s a_ Road Culvert
;.:.mm Grass Lined Swale p
m� Telephone ; boo n-/L.+ (4 Imo) vial
r s Gas
i amom Electric X343
"c o Water Transfer t It
i 3 —
• r—
O r
r
o� �?,S S9Z02-
$I TB-TOTAL,
9 Revised 12/95
t
Engineering and Supervision Costs 4 5,oco
(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 SUPERVISIONS '/ , 511-
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".
(In corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
Date: 44f , 194_.
I llllll illll llllll llll 11111 1111111 11111 III 111111 III I'll
2628700 07/27/1998 04:16P Weld County CO
10 of 14 R 0.00 D 0.00 JA Sukl Tsukamoto
10 Revised l?;95
EXHIBIT "B"
Name of Subdivision: Siewee dcgA Miuoc. SogDivisie i
Filing: OA
Location: SELrLDnU LI Ty,.1_, et.5v4 Wao Ctuur,i , CO.
Intending to be legally bound,the undersigned Applicant hereby agrees to construct the
improvementsshown 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 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 (sr1 t WEEKS
Street base I wtx
Streetpaving
Curbs. ¢utters.and culverts
Sidewalk
Storm sewer facilities(Yreaw eras) 2 DVS
Retention ponds
Ditch improvements
Subsurface drainagee
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply and storage
Water mains 2 weer-4
Fire hydrants
Survey& street monuments_& boxes
Street lighting
Street name signs PAY
Fencing requirements
Landscaping ee-caD.J6 sottewz Drtt4E5) 2 Dr>
Park improvements
Telephone I weer
Gas
Electric I WEEK
Water Transfer
Sub-Total
1111111 III 111111 111111111 11111 III 111111 III IIII
2628700 07/27/1998 04:16P Wald County CO
11 of 14 R 0.00 D 0.00 JR Suitt Tsukamoto
11 Revised 1^_;95
(
U
•
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, upon a showing by the Applicant that the
abyucichedule cannot b et.
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
Date: e/Z , 19 `f
i.
mifmmupdvattah
HBO 11111 111111 IIII VIII III OHIO HIED IIII
2628700 07/27/1998 04:16P Weld County CO
12 of 14 R 0.00 D 0.00 JR Sukl Tsukemoto
12 Revised 12/95
EXHIBIT"A"
Improvements Agreement, Revised 5/22/98.
Name of Subdivision: Jubilee Acres Minor Subdivision
Filing: N/A
Location: Section 21, T4N, R65W Weld County, Colorado
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 following improvements.
Improvements Estimated
Unit Cost Construction Cost
Street grading $0.50/sq. Yd. $ 4,044.00
Street Base $1.75/sq. Yd.
$ 5,444.00
Storm sewer facilities(straw bales) $1.50/bale $ 90.00
Water mains-Includes Bore(includes hydrants) $ 24,850.00*
Street name signs $150.00 ea. $ 150.00
Landscaping(re-seeding borrow ditches) $.02/sq. Ft. $ 896.00
Telephone $600.00/lot(4 lots) $ 2,400.00
Electric $ 6,533.00*
SUB-TOTAL $ 44,407.00
Engineering and Supervision Costs $ 5,000.00
(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 $49,407.00*
*(revised to actual estimates received after initial agreement submitted)
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 im rovements shall be completed according to the construction schedule set out in Exhibit "B".
(In corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
Date: r< lg. , 19/0
HUM 11111111111 BAN HMI 11111III11101till
2628700 07/27/1998 04:16P Weld County CO
13 of 14 R 0.00 D 0.00 JR Sukl Tsukamoto
EXHIBIT"B"
Name of Subdivision: Jubilee Acres Minor Subdivision
Filing: N/A
Location: Section 21, T4N, R65W, Weld County, Colorado
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 one year from the date of approval of the final plat.
Construction of the improvements listed in Exhibit"A" shall be completed as follows:
Improvements Time for Completion
Site grading, street September, 1998
Street base September, 1998
Storm sewer facilities(straw bales) September, 1998
Water mains May, 1999
Fire hydrants May, 1999
Street name signs September, 1998
Landscaping (re-seeding borrow ditches) September, 1998
Telephone May, 1999
Electric May, 1999
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, upon a showing by the Applicant that the
above schedule cannot be met.
ae)-- /1 , 4,4 (2
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
Date /2�rti /3 , 19
1111111 11111 111111 III! 11111111111111111 III111111 III Iil!2628700 07/27/1998 04:16P Weld County CO
14 of 14 R 0.00 D 0.00 JA Sukl Tsukemoto
INDEPENDENT BANK
Ft.
Lupton Greeley Member FDIC
P.O.Box 330.Ft.Lupton,CO 80821 1503 9th Ave"Greeley,CO 80831 P.O.Box 558•Kersey Platteville Wiggins
Phone(303)857-0300 Phone(970)346-8147 Phone 970 22650644 P.O.Box one• 70) 85.2 64 80651 P.O.Box (70)483-73380854
( Phone(970)785-2284 Phone(970)483-7333
June 1, 1998
Letter of Credit No. 171
Weld County
We hereby establish an Irrevocable Letter of Credit in your favor on behalf of Merle D.
and Karla L. Grieser.. We will honor any draft with a certified (notarized) statement
verifying that he owes any amount up to a total of$49,407.00 This Letter of Credit will
expire on June 1, 1999.
If this Letter of Credit is drawn upon, we request that the above Letter of Credit number
be placed on the draft and this Irrevocable Letter of Credit be returned to us for notation
with the certified statement as to the amount owed. These documents should be returned
together.
This Letter of Credit shall not be transferrable. It shall be governed by the laws of the
United States. This Letter of Credit is subject to the Uniform Customs and Practice for
Documentary credit.
Sinter i
eus an
ent
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS
FOR
JUBILEE ACRES MINOR SUBDIVISION
ARTICLE I - PREAMBLE
Declarants are the owners of that certain real property situate in Weld County, Colorado, described on
Exhibit"A"hereof(the Property"). The Property has been platted as Jubilee Acres Minor Subdivision by a
plat recorded simultaneously with this declaration.
Declarants desire to develop the Property for residential purposes. Declarants deem it desirable to subject
the Property to the covenants, conditions and restrictions set forth in this Declaration in order to preserve
the values of the individual lots and to enhance the quality of life for all owners of such lots.
Declarants therefore declare that all of the Property is and shall be held, transferred, sold, conveyed and
occupied subject to the terms, restrictions, limitations, conditions, covenants, obligations, liens, right of ways,
and easements which are set forth in this Declaration, all of which shall run with the Property and shall inure
to the benefit of, and be binding upon, all parties having any right, title, or interest in the Property or any
portion thereof, and such person's heirs, grantees, legal representatives, successors and assigns.
All matters not specifically addressed herein shall be dealt with in accordance with ordinances and
regulations of Weld County, including, but not limited to, the Weld County Zoning Ordinance.
ARTICLE II - DEFINITIONS
2.1 General. The words and terms defined in this Article shall have the meanings herein set forth unless
the context clearly indicates otherwise.
2.2 Association shall mean and refer to Jubilee Acres Homeowner's Association, a Colorado Non-profit
Corporation established pursuant to Article IV of this Declaration. The members of the Association shall be
Lot Owners as defined herein.
2.3 Common areas shall refer to all real Property or interests therein owned by the Association, and
easements and rights of way for the common use and enjoyment of the Owners, including, but not by way
of limitation, Jubilee Way,the right of way from the east side of Jubilee Way to the west external boundary
of the Property, utilities, utility easements and mail and school bus pullovers.
2.4 Developer shall mean Merle D. and Karla L. Grieser, co-owners of the Property.
2.5 Developer and Association responsibilities shall refer to the road constructed pursuant to
specifications required by Weld County and the right of way adjacent to Jubilee Way.
Developer shall install a gravel road according to the specifications of Weld County.
The Association shall maintain, repair and replace the road after such facility has been installed by the
Developer.
Developer shall plant non-weed vegetation on the right of way adjacent to Jubilee Way.
The Association shall maintain and replace non-weed vegetation after such vegetation has been planted by
the Developer.
F:\GHO\GRIESE R\COV ENANT.DEC
2
2.6 Lot shall mean and refer to any numbered parcel or plot of land shown as such upon the recorded
final plat of Jubilee Acres Minor Subdivision, and any resubdivision of a lot in accordance with the applicable
rules, regulations and ordinances of Weld County.
2.7 Owner shall mean any person or entity, including Developers, who owns the record fee simple
interest in one or more Lots. The term "Owner"shall include the grantee, transferee, successor, personal
representative, devisee and assignee of an Owner, but shall not include a mortgagee or other person or
entity having an interest merely as security for the performance of an obligation.
2.8 Road and Utility Easements shall mean and refer to the road Jubilee Way and all utility easements
presently existing on the Property or subsequently constructed by the Declarants on the Property which are
necessary to provide vehicular access, ingress, egress, utilities or drainage to lots, tracts or parcels of the
property. "Roads" and "Utility Easements" shall not include private driveways or utility extensions
constructed by individual Owners to provide access and utilities to dwellings or other structures located upon
such Owner's lot of the Property.
2.9 Single family dwelling shall mean an independent structure designed and occupied as a residence
for a single family.
2.10 Subdivision shall mean Jubilee Acres Minor Subdivision.
2.11 Other terms may be defined in specific provisions contained in the Declaration and shall have the
meaning assigned by each such definition.
ARTICLE III - USE AND OTHER RESTRICTIONS
3.1 Land Use and Building Types. A lot may be used only for one single family dwelling. The primary
residential building must include as a part thereof, a garage, or if a garage is not included as a part of the
residence,then a separate garage structure shall have identical architectural design and exterior design and
appearance consistent with that of the residence accommodated thereby.
3.1.1 Size. The dwelling space of the residence, exclusive of the garage and open porches, shall
contain a minimum of 1,200 square feet of finished non-basement living space. The maximum height of the
residence and any accessory building is not to exceed thirty (30) feet.
3.1.2 Pre-constructed homes. No homes of a preconstructed nature, including Manufactured
Homes as defined by the Weld County Zoning Ordinance, shall be permitted without prior written approval
of the Developer.
3.1.3 Exterior Materials. The exteriors of all residences must be wood, masonry, stone, stucco
or material with a stucco-like appearance. No vinyl or aluminum siding is allowed.
3.1.4 Building Envelope. On Lots 1 and 2 improvements may be constructed only within the area
designated "Building Envelope" on the plat.
3.2 Accessory buildings. No more than three (3) accessory buildings (not including the garage) having
a maximum aggregate area of 3,000 sq. ft. which are well constructed and of neat appearance shall be
permitted. No buildings with a quonset type appearance are permitted.
3.3 Fencing. Fencing is to be in keeping with the appearance of the surrounding rural setting, i.e.,
barbed or barbless wire fencing, wire fencing, natural wood (unpainted), chain link and livestock panels are
allowed.
3.4 Outdoor storage. All materials and items stored on any lot shall be screened from view from public
rights of way and adjacent properties. Tractors and machinery not being used for maintenance of the lot or
F:1GHOIGRIES ERIC0VENAN7.DEC
3
other applicable use common on a small rural lot, and unlicensed or inoperable vehicles of any kind will not
be permitted on the lots except in enclosed storage buildings. Construction materials shall be stored in an
enclosed building except during actual construction of improvements.
3.5 Right of way and easements. The area between Jubilee Way and the west Property boundary is
right of way, and is to remain open space, free of buildings, fences, trees or shrubs. Easements and non-
buildable areas for the installation and maintenance of utilities and drainage facilities are reserved as shown
on the Plat. Within these easements, no structure, planting or other materials shall be placed or permitted
to remain which may damage or interfere with the installation and maintenance of utilities, which may change
the direction of flow of drainage in the easements. If any landscaping or structure is installed which violates
such requirements in the right of way or easements and drainage areas, the Association may give the Owner
written notice to remove such landscaping or structure. If the Owner fails to remove the landscaping or
structure within thirty(30)days of receipt of notice,the Association may have such work done at the expense
of the Owner of the lot. If the work is done by the Association at the Owner's expense, the Owner shall pay
for such work within ten (10) days after notice is given in writing to the Owner as to the cost of such work.
In the event of failure to pay within that time and if the Association thereafter incurs any attorneys'fees and
costs in collecting such amount from the Owner, all such attorney's fees and costs incurred shall likewise
be a debt owed by the Owner to the Association.
3.6 Landscaoina. The Owner of each lot shall plant and maintain non-weed vegetation adequate to
prevent the blowing of dust, and shall control weeds on such lot. If an owner fails to maintain a lot in
accordance with this requirement, the Association shall have the right to plant and maintain non-weed
vegetation and to control weeds at the lot Owner's expense. The Owner shall be liable for reasonable
attorney's fees and costs incurred by the Association in collecting such charges.
3.7 Nuisances. No noxious or offensive activities shall be carried on upon any lot, nor shall anything
be done thereon which may be or may become an annoyance or nuisance to the entire neighborhood.
3.8 Recreational vehicles. No owner shall keep more than one travel trailer, motor home, camper unit
or similar recreational vehicle, and more than one boat, on any lot.
3.9 Private drives. During construction of private drives to individual lots from Jubilee Way, individual
lot owners must permanently install a twelve (12) inch culvert in the drainage ditch directly east of Jubilee
Way.
3.10 Comoliance. Each lot owner shall maintain compliance at all times with the requirements of the
Weld County Public Works Department, Weld County Health Department, Division of Wildlife, LaSalle Fire
Protection District and the Weld County Planning Department.
3.11 Oilfield production. Oil/gas wells, production and transmission facilities are located on the
Subdivision. Oil/gas production workers have the right of access to their facilities within the subdivision
without interference by lot owners.
3.12 Parking. Owners and their guests shall park vehicles only on their own lots. No vehicles shall be
parked on Jubilee Way at any time.
3.13 Disposal of trash and garbage. Owners shall keep their lots in a clean, safe and attractive condition;
no trash, rubbish or garbage shall be allowed to accumulate. All trash, garbage and other refuse shall be
kept in sanitary covered containers, and shall be disposed of no less frequently than bi-weekly.
F:\GHO\GRIESE R\COVENANT.DEC
4
3.14 Violations of law. Nothing shall be done or kept on any lot which would be in violation of any statute,
ordinance, rule, regulation or requirement of any governmental entity.
3.15 Animals. Animals are permitted to be kept within the Subdivision only in accordance with the
provisions of the Weld County Zoning Ordinance. All pets must be confined to the Owner's lot, and must
not be allowed to roam. Animals shall not be allowed to cause noise or odors so as to become a nuisance.
3.16 Riaht to Farm Covenant. Weld County is one of the most productive agricultural counties in the
United States. The rural areas of Weld County may be open and spacious, but they are intensively used for
agriculture. Persons moving into a rural area must recognize there are drawbacks, including conflicts with
longstanding agricultural practices and a lower level of services than in town.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will
generate off-site impacts, including noise from tractors and equipment; dust from animal pens, field work,
harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning;
flies and mosquitos; the use of pesticides and fertilizers in the fields, including the use of aerial spraying.
Ditches and reservoirs cannot simply be moved "out of the way" of residential development without
threatening the efficient delivery of irrigation to fields which is essential to farm production.
Weld County covers a land area of over 4,000 square miles in size (twice the size of the State of
Delaware) with more than 3,700 miles of state and county roads outside of municipalities. The sheer
magnitude of the area to be served stretches available resources. Law enforcement is based on responses
to complaints more than on patrols of the county and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided
by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no
matter how often they are bladed, will not provide the same kind of surface expected from a paved road.
Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public
works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will
not be equivalent to municipal services.
Children are exposed to different hazards in the country than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot
operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real
threats to children. Controlling children's activities is important, not only for their safety, but also for the
protection of the farmer's livelihood.
ARTICLE IV- THE ASSOCIATION
4.1 Articles of Incorporation and Bylaws. The interests of all lot owners shall be governed and
administered by the Articles of Incorporation and Bylaws of the Jubilee Acres Homeowner's Association and
by this Declaration. In the event of a conflict between the provisions of this Declaration and the Articles of
Incorporation or the Bylaws of the Association, the terms of this Declaration shall be controlling.
4.2 Membership. Each owner of a lot, upon becoming an owner, shall be a member of the Association
and shall remain a member for the period of his ownership. Membership shall be appurtenant to, and may
not be separated from, record ownership of a lot. Such membership shall automatically transfer to a new
Owner upon the sale, transfer or other disposition of ownership of a lot. The Owner(s) of each lot shall be
entitled to one vote with regard to the affairs of the Association. If any lot is owned by more than one person
or by an entity comprised of more than one person, such owners or entity shall designate one person to act
in behalf of such Owners with regard to the affairs of the Association.
F:\GHO\GRIESER\COVE NANT.DEC
5
4.3 Powers. The Association shall have all of the powers necessary to enforce all of the applicable
provisions of this Declaration, and to govern, manage, maintain, repair, administer and regulate Jubilee
Acres and to perform all of the duties required of it. Notwithstanding the above, the Association shall not
be empowered or entitled to use hazard insurance proceeds for loss to the common areas improvements
for other than repair, replacement or reconstruction of such improvement.
4.4 Association Responsibilities. The maintenance and operation of Jubilee Way and all common areas
including the right of way west of Jubilee Way shall be the responsibility and the expense of the Association,
and the costs therefor shall be a common expense of all the lot owners.
4.5 Formula for Determining Assessments. Assessments shall be made no less frequently than annually
and shall be based upon a budget adopted no less frequently than annually by the Association. The
assessments shall be apportioned equally among all lots within the Subdivision. Each owner, by the
acceptance of a conveyance of a lot shall be obligated to pay his share of such expenses. An owner shall
be responsible for his full share of such expenses whether or not his lot is improved. If a new annual
assessment is not adopted, an assessment shall be presumed to have been adopted in the amount of the
last prior assessment.
4.6 Based upon budaet. Assessments shall be based upon the budget which shall be established by the
Board of Directors at least annually, which budget shall be based upon the cash requirements deemed to
be such aggregate sum as the Board of Directors of the Association shall from time to time determine is to
be paid by all of the lot owners to provide for the payment of all expenses growing out of or connected with
the maintenance, repair, operation, additions, alterations and improvements of and to Jubilee Way and the
common areas,which sum may include, but not be limited to, expenses of management; taxes and special
assessments unless separately assessed; premiums for insurance; repairs and renovations; wages; water
charges; legal and accounting fees; expenses and liabilities incurred by the Association or any of its agents
or employees on behalf of the lot owners under or by reason of this Declaration and the Articles of
Incorporation and Bylaws of the Association; for any deficit remaining from a previous reserve, working
capital and sinking funds as well as other costs and expenses relating to Jubilee Way and the common
areas, which shall be funded by regular annual or monthly payments rather than special assessments.
4.7 Assessments for other charges. The Association shall have the right to charge a lot owner for any
expense caused by the misconduct of such lot owner or the failure by such owner to take any action required
hereunder, in which event such expense may be assessed exclusively against such owner. The Association
shall have the right to impose a lien for any such special service charges or charges due to misconduct that
are not paid when due; said lien shall include court costs and reasonable attorneys' fees incurred by the
Association in collecting said charges.
4.8 Assessments. The amount of the common expenses and misconduct charges assessed against
each lot shall be the personal and individual debt of the owner thereof. No owner may exempt himself from
liability for contribution towards the common expenses by waiver of the use or enjoyment or by abandonment
of his lot. An owner's loss of a lot by foreclosure or by proceedings in lieu of foreclosure shall not cancel or
terminate such owner's liability for assessments and charges accrued prior to the date hereof. The
Association shall have the authority to take prompt action to collect any unpaid assessment which remains
unpaid for more than sixty (60) days from the due date for payment thereof. In the event of default in the
payment of an assessment, the lot owner shall be obligated to pay interest at the rate of eighteen percent
(18%) per annum on the amount of the assessment from due date thereof, together with all expenses,
including attomeys'fees, incurred together with such late charges as are provided by the Bylaws or rules of
the Association. Suit to recover a money judgement for unpaid assessments shall be maintainable without
foreclosing the lien described below and such suit shall not be, or construed to be, a waiver of lien.
F:1GHOIGRIESER 1C0VENANT.DEC
6
4.9 Creation of Lien and Foreclosure. All assessments together with any special assessment or other
fee, cost or charges which an Owner is obligated to pay, shall be a debt of such Owner to the Association
on the date when each installment thereof becomes due. In the event of the default of any Owner in the
payment of any installment,such amount, and any subsequently accruing unpaid assessments, together with
interest thereon and together with all costs which may be incurred by the Association in the collection of such
amount,together with reasonable attomeys' fees shall constitute a lien on such lot superior to all other liens
and encumbrances, except only for tax and special assessment liens on the lot in favor of any governmental
assessing entity, and all sums unpaid on a mortgage or deed of trust of record, including all unpaid obligatory
sums as may be provided by such encumbrances. To evidence such lien, the Association shall prepare a
written notice of lien assessment setting forth the amount of such unpaid indebtedness, the amount of the
accrued interest and late charges thereon, the name of the owner of the lot, and a description of the lot.
Such notice of lien shall be signed by one of the officers of the Association on behalf of the Association and
may, but is not required to, be recorded in the office of the County Clerk and Recorder of Weld County,
Colorado. Such lien shall attach and be effective from the due date of the assessment until all sums, with
interest and other charges thereon, shall have been paid in full. Such lien may be enforced by the
foreclosure of the defaulting owner's lot by the Association in like manner as a mortgage on real property
upon the recording of the above notice of lien. In any such proceedings, the owner shall be required to pay
the costs, expenses and attorneys' fees incurred for filing the lien, and in the event of foreclosure
proceedings, all additional costs, all expenses and reasonable attorneys' fees incurred. The owner of the
lot being foreclosed shall be required to pay to the Association any assessment or special service charge
whose payment becomes due for the lot during the period of foreclosure, and the Association shall be
entitled to a receiver during foreclosure, and the Association on behalf of the member owners, shall have
the power to bid on the lot at foreclosure or other legal sale and to acquire and hold, lease, mortgage, vote
the votes appurtenant to , convey or otherwise deal with the same upon acquiring title to such lot.
4.10 Liability upon transfer. Any owner who sells a lot in good faith and for value shall be relieved of the
obligation for payment of assessments arising thereafter attributable to the lot, as of the date of the
recordation of the deed transferring such lot to the subsequent purchaser. The Owner transferring, and the
purchaser of the transferred lot,shall be jointly liable for payment of all assessments and any related interest,
costs and attorneys' fees attributable to the lot accrued through the date of such recordation, and the lien
for recovery of the same shall remain in force against such lot.
4.11 Board and Officers of Association. Until all lots have been sold by Declarant or December 31, 2000,
whichever occurs first,the Declarant may appoint and remove the officers and members of the Board of the
Association.
ARTICLE V- GENERAL PROVISIONS
5.1 Duration. Subject to the provisions of Section 5.3 of this Article, this Declaration shall remain in full
force and effect, shall run with the land and shall be binding on all persons having any interest in any lot in
the Subdivision for a period of twenty (20) years from the date this Declaration is recorded and thereafter
shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a
majority of the then owners of lots in the Subdivision has been recorded agreeing to change or terminate the
Declaration in whole or part.
5.2 Amendments. This Declaration, or any portion thereof, may be amended or revoked at any time by
an instrument in writing signed by the owners of at least sixty-six percent (66%) of the lots in the Subdivision
and one hundred percent (100%) of the holders of recorded mortgages or deeds of trust. Any amendment
shall be effective only upon the recordation of the written amendment or ratification thereof containing the
necessary signatures of lot owners and encumbrance holders. No amendment to this Declaration may be
made which conflicts with any of the laws of the State of Colorado, or ordinances of Weld County. No
F:\GHO\GRIESER\COVENANT.DEC
7
amendment shall affect any rights of Declarants unless approved in advance by and consented to by
Declarants in writing.
5.3 Severability. Any provision of this Declaration invalidated in any manner whatsoever shall not be
deemed to impair or affect in any manner the validity, enforcement or effect of the remainder of this
Declaration and, in such event, all of the other provisions of this Declaration shall continue in full force and
effect as if such invalid provision had never been included herein.
5.4 Disclaimer. No claim or cause of action shall accrue in favor of any person in the event of the
invalidity of any covenant or provision of this Declaration or failure of Declarants to enforce any covenant
or provision hereof. This Section 5.4 may be pleaded as a full bar to the maintenance of any such action
or arbitration brought in violation of the provisions of this Article.
5.5 Waiver. No provision contained in this Declaration shall be deemed to have abrogated or waived
by reason of any failure to enforce the same, regardless of the number of violations or breaches which may
occur.
5.6 Captions. The captions herein are inserted only as a matter of convenience and for reference and
in no way define, limit or describe the scope of this Declaration nor the intent of any provision hereof.
5.7 Construction. The use of the masculine gender in this Declaration shall be deemed to include the
feminine and neuter genders, and the use of the singular shall be deemed to refer to the plural, and vise
versa, when the context so requires.
5.8 Notices. Notices required or permitted by this Declaration shall be made in writing. Notice to a
member of the Association shall be sufficient if sent by United States mail, sufficient postage prepaid, to the
latest address given by such member to the Secretary of the Association. In such event, notice shall be
deemed effective three (3) days after such deposit into the United States mail. Notices may also be given
by certified or registered mail, or by hand delivery. If hand delivered, notice shall be effective on the date
that delivery is accomplished. If sent by registered or certified mail, notice shall be deemed effective three
(3) days after deposit into the United States mail, sufficient postage prepaid.
IN WITNESS WHEREOF, the undersigned being Owners (or Mortgagees) of lots in Jubilee Acres have
executed this Declaration the date and year indicated below.
12Merle D. Grieser,
//
BY:
Karla L. Grieser, �1 C�
DATE::Le- L —� /9 1
F:\GHO\GRIESERCOVENANT.DEC
State of Colorado )
) ss
County of Weld )
The foregoing Declaration of Covenants, Conditiorwand Restrictions for Jubilee Acres was
acknowledged before me thisadc)ft Y day of -..Jul t_ , 1998, by Merle D. Grieser
and Karla L. Grieser, Owners of the real property subject to said Declaration.
Witness my hand and official.seal.,
My Commission expires: CIS'f/V/c%
Notary Public/
F:1G HOIGRIES ERIC0VENANT.DEC
ppSICV
CLERK TO THE BOARD
PHONE (970)336-7215, Ext. 4225
C
' FAX: (970) 352-0242
P. O. BOX 758 GREELEY, COLORADO 80632
COLORADO
August 4, 2005
Independent Bank
P. O. Box 385
Platteville, Colorado 80651
RE: Cancellation and release of Collateral - Merle and Karla Grieser
To Whom It May Concern:
Attached hereto please find a copy of the Board of County Commissioner's Resolution approving
the cancellation and release of collateral, as referenced above. The original Letter of Credit is
enclosed.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 356-4000, Extension 4217.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
By: / ?
Carol A. Har ing,
Deputy Clerk to the Board
ctZ ►185
�� /a3/
INDEPENDENT BANK
Member FDIC
Ft.Lupton Greeley Kersey Platteville Wigghs
P.O.Box 390•FL Lupton,CO 80621 1503 961 Ave,Greeley,CO 80631 P.O.Box 558•Kersey,CO 80644 P.O.Box 385•Platteville,CO 80651 P.O.Box 320•Wiggins,CO 80654
Phone(303)857.0 00 Phone(970)348-8147 Phone(970)358-2285 Phone(970)7852264 Phone(970)483-7333
�June 1, 1998
)1-
a
Letter of Credit No. 171
Weld County j1 'v /
We hereby establish an Irrevocable Letter of Credit in our favor on behalf of Merle D.
and Karla L. Grieser.. We will honor any draft with certified (notarized) statement
verifying that he owes any amount up to a total of 49,407.00 This Letter of Credit will
expire on June 1, 1999.
If this Letter of Credit is drawn upon, we r nest that the above Letter of Credit number
be placed on the draft and this Irrevocabl Letter of Credit be returned to us for notation
with the certified statement as to the ount owed. These documents should be returned
together.
This Letter of Credit shall not be ansferrable. It shall be governed by the laws of the
United States. This Letter of C edit is subject to the Uniform Customs and Practice for
Documentary credit.
Sincer
sus
ent
CLERK TO THE BOARD
PHONE (970)336-7215, Ext. 4225
FAX: (970)352-0242
P. 0. BOX 758
C. GREELEY, COLORADO 80632
COLORADO
August 4, 2005
Merle and Karla Grieser
20390 Weld County Road 44
LaSalle, Colorado 80645
RE: Cancellation and release of Collateral
To Whom It May Concern:
Attached hereto please find copies of the Board of County Commissioner's Resolution approving
the cancellation and release of collateral, as referenced above. The original Letter of Credit was
returned to Independent Bank, P. O. Box 385, Platteville, Colorado 80651
If you have questions or need additional information,please do not hesitate to contact me at(970)
356-4000, Extension 4217.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
By: `{� �
rol�ng,
Deputy Clerk to the Board
ERIC TO THE BOARD
JE (970) 336-7215, Ext. 4225
11 I 111
FAX: (970) 352-0242
:,,r•; P. O. BOX 758
REELEY, COLORADO 80632
COLORi
August 4, 200 _-
Independent ! 4.,, ,L 't"r,
P. O. Box 38f. ' ,r ; -
#
Platteville, Cc - fir , t
RE: CancE G
co
o —
—
o _
To Whom It l o
c t =
Attached he, m m"' 0 = s Resolution approving
the cancellat X m ial Letter of Credit is
enclosed. a °m :5.
If you haver ° 4 to t
t ; c oa a ite to contact me at
(970) 356-40 if { a
Very truly Ye c� rc I
co
BOARD OF co ' E m
O ;` , 8
0 . ..,,c c u o on Ei
O Q
Carol A m O
Deputy w co O
rI >
XW
OOW
F— m W
CtO0
U
_
(� saO
C�U
r�T CLERK TO THE BOARD
PHONE (970)336-7215, Ext. 4225
inipFAX: (970) 352-0242
P. O. BOX 758
C. GREELEY, COLORADO 80632
COLORADO
August 17, 2005
Merle and Karla Grieser
20390 Weld County Road 44
LaSalle, Colorado 80645
RE: Cancellation and release of Collateral
To Whom It May Concern:
An recent attempt was made to return the original Letter of Credit to Independent Bank, P. O. Box
385, Platteville,Colorado 80651;however,deliverywas not made. Therefore, I have enclosed the
original Letter of Credit herewith.
If you have questions or need additional information, please do not hesitate to contact me at(970)
356-4000, Extension 4217.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
By: A �f 2771 z
Carol A. Hardi
Deputy Clerk to the Board
COLLATERAL RELEASED
IN CONJUNCTION WITH
OTHER CASES
SEE #2005-2091
Hello