HomeMy WebLinkAbout960440.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PUBLICLY MAINTAINED ROADS), ACCEPT
COLLATERAL,AND AUTHORIZE CHAIR TO SIGN -PHASE 1 OF DOS RIOS ESTATES,
SECOND FILING/ALLELY (S #385)
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, the Board has been presented with an Improvements Agreement According
to Policy Regarding Collateral for Improvements (Publicly Maintained Roads) between the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
and Joyce J. Allely, for Phase 1 of Dos Rios Estates, Second Filing (S #385), a portion of Section
34, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado, namely Lots 1
through 8 of Block 4, with further terms and conditions being as stated in said agreement, and
WHEREAS, the Board has also been presented with an Agreement dated February 26,
1996, among Norwest Bank Colorado, N.A., the Weld County Board of County Commissioners, and
Joyce Allely, as an alternative form of collateral under the Weld County Improvements Agreement
regarding collateral for said improvements, for an amount up to $63,507.00, with further terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreements, 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 (Publicly Maintained Roads) between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and Joyce J. Allely for Phase 1 of
Dos Rios Estates be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Agreement among Norwest Bank
Colorado, N.A., the Weld County Board of County Commissioners, and Joyce Allely be, and hereby
is, accepted and approved as an alternative form of collateral for said improvements.
960440
SUED
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IMPROVEMENTS AGREEMENT AND COLLATERAL - DOS RIOS ESTATES, 2ND FILING/ALLELY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 18th day of March, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Barbar J. Kirkmeyer hair
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Dale K. Hall
APP D AS TO F • EXCUSED DATE OF SIGNING (AYE)
Constance L. Harbert
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W. H. Webster
960440
SUBD
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLICLY MAINTAINED ROADS)
THIS AGREEMENT, made and entered into this I g4 day of \.Y}'1fAh OJIv , by and between
the County of Weld, State of Colorado,acting through its Board of County Commissioners,hereinafter called
"County", Joyce J. Allely, 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:
Phase 1 of Dos Rios Estates 2nd Filing, a portion of§ 34, T5N, R66W of
the 6th P.M., Weld County, Colorado.
(Namely lots 1-8 of Block 4)
WHEREAS, a final subdivision/PUD plat of said property, to be known as Dos Rios Subdivision
2nd Filing, Phase 1 has been submitted to the County for approval; and
WHEREAS,Section 13 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.
I.1 The required engineering services shall be performed by a Professional Engineer
and Land Surveyor registered in the State of Colorado, and shall conform to the
standards and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs, plans and profiles, estimates,construction supervision,and the submission
of necessary documents to the County.
1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision
to the County for approval prior to the letting of any construction contract. Before
acceptance of the roads within the subdivision by the County, Applicant shall
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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.
All such rights-of-way and easements used for the construction of roads to be accepted by
the County shall be conveyed to the County and the documents of conveyance shall be
furnished to the County for recording.
3.0 Construction; Applicant shall furnish and install, at its own expense, the subdivision
improvements listed on Exhibit"A: which is attached hereto and made a part hereof by this
reference, according to the construction schedule set out in Exhibit "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.
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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 Acceptance of Streets for Maintenance by the County: Upon compliance with the following
procedures by the Applicant, streets within a subdivision may be accepted by the County
as a part of the County road system and will be maintained and repaired by the County.
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 acceptance 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 accept them for partial maintenance by the County. Partial maintenance
consists of all maintenance except for actual repair of streets,curbs and gutters, and related
street improvements. Not sooner than nine months after acceptance for partial maintenance
of streets, 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 acceptance of the streets for full maintenance. Upon a receipt of a
positive unqualified recommendation from the County Engineer for acceptance of streets
within the development, the Board of County Commissioners shall accept said streets as
public facilities and County property, and shall be responsible for the full maintenance of
said streets including repair.
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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. (Exhibit A-1) Prior
to Final Plat 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-1"
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.
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8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
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.
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8.3 Escrow Agreement that provides at least the following:
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. (Exhibit"A-1")
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.
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9.6 The requirements in 9.0 thru 9.5 shall be noted on the final construction plans.
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of acceptance of the streets for partial maintenance by 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 acceptance by
the Board of County Commissioners for full maintenance under Section 5.3 herein.
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 Section 8-15-B of 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 Section 8-15-B of 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 offinal plat submission of the required acreage as
determined according to Section 8-I5-B. Such value shall be determined by a
competent land appraiser chosen jointly by the Board and the Applicant. The cash
collected shall be deposited in an escrow account to be expended for parks at a later
date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors,
personal representatives, successors and assigns of the Applicant, and upon recording by the
County, shall be deemed a covenant running with the land herein described, and shall be
binding upon the successors in ownership of said land.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above written.
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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eputy Clerk t he Board
APPROVED AS TO FORM:
Co ttorney
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APPLICANT L--
BY: atnC - �t'-U
(title)
SUBSCRIBED AND SWORN to before me this //-day of n(v,a, , 1996.
WITNESS my hand and official seal.
F •. Notary Public
My mplission expire -7- 96
DIANE K.
BECKMAN
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9rFOF'..... �
My Comm.Expires Oct.7,1996
M:ALLELY.DB
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EXHIBIT"A"
Name of Subdivision: Dos Rios Second Filing
Filing: Second (Phase 1 Improvements) __..
Location: Section 34, T5N, R66w of the 6th P.M. . Weld County, Co .
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.
(Leave spaces blank where they do not apply)
Estimated
Improvements Unit Cost Construction Cost
Street grading lump s rm $15,_500.00
Street base 4437 LF @ $1 . 25 $5546.25
Street paving 6455 Sq. Yd. @ $5. 65 $36,470. 75
Curbs, gutters,&culverts ----
Sidewalk -----
Storm sewer facilities lump sum $3900 .00
Ketention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
O Sanitary sewers - -- --
Trunk&forced lines
rn Mains
Laterals(house connected)
On-site sewage facilities -
On-site water supply&storage
Water mains-includes Bore lump sum $125, 230.00
Dire hydrants $2000 .00 $6000.00
Survey& street monuments&boxes $157. 00 $1732.00
Street lighting
Street name sighs
Fencing requirements
,D Landscaping
r- Park improvements
a Road Culvert
N Grass Lined Swale
$1520.00
Telephone
Gas $4000.00
Electric $22, 365.00
0
Water Transfer
CO
SUB-TOTAL $222,264.00
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Engineering and Supervision Costs Si I , 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 $233, 264. 00
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County, or its duly authorized
agent.
Said i provements sh e ompleted according to the construction schedule set out in Exhibit"B".
(In corporation, to be signed by President and attested to by Secret ry,`ttooggeet`hhh`�eerr� with corporate seal)
Date ��[Z , 79.�(�
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EXHIBIT"A-1"
Name of Subdivision: Dos_Rios Second- Fil I ng
Filing: Second (Phase 1 Improvements)
Location: Section 34, T5N, R66W of the 6th P.M. , 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.
(Leave spaces blank where they do not apply)
Estimated
Improvements Unit Cost Construction Cost
Street grading Lump Sum $15,500. 00
Street base 4437 LF @ $1. 25 5, 546. 25
Street paving 6455 Sq. Yd. @ $5. 65 36 , 470. 75
Curbs, gutters.&culverts
Sidewalk
Storm sewer facilities Lump Sum .. 3 , 900 _ 00
Retention ponds .-- —
o Ditch improvements ---
Subsurface drainage —_
Sanitary sewers
Sanitary sewers
w Trunk& forced lines -.
N
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply& storage
Water mains-Includes Bore
r Fire hydrants
Survey& street monuments&boxes
Street lighting
Street name signs
a' •
Fencing requirements
Landscaping
Park improvements
Road Culvert
Grass Lined Swaie
o Telephone
`o Gas
N Electric
Water Transfer
SUB-TOTAL __ $61 , 417. 00
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I I Revised 12/95
Engineering and Supervision Costs $3 , 070 . 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 $ 60 "I fitter 7
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 he signed by President and attested to by Secretary, together toje/er with corporate seal.)
Date��/ ' . 19 ?(p
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EX1iIBIT "B"
Name of Subdivision: Dos Rios Second Filing
Filing: Second (Phase Improvements)
Location: Section 34, T5N, R66W of 6th P.M. , Weld County, CO
Intending to be legally bound, the undersigned Applicant hereby agrees to
construct the improvements shown on the final subdivision plat of
Dos Rios Second Filing Subdivision,
dated , 19 , Recorded on , 19
in Book Page No. , Reception No. , the following
schedule.
All improvements shall be completed within one 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
Bidding and Mobilization 5 Weeks
Street grading ** 2 Weeks
Street base (with .street base)
Street paving ** 3 Weeks
Curbs , gutters, and culverts _
Sidewalk
Storm sewer facilities (culverts) (with street grading)
Retention ponds -
Ditch improvements _
Subsurface drainage -
Sanitary sewers
Trunk and forced lines -
Mains _
Laterals (house connected) _
On-site sewage facilities _
On-site water supply and storage _
Water mains 4 Weeks
Fire hydrants (with water mains)
Survey & street monuments & boxes * 2 Weeks
Street lighting _
Street name signs * (work done concurrently)
Fencing requirements _
Landscaping * (work done concurrently)
Park improvements —
Telephone, Gas, Electric ** (work done concurrently)
Erosion Control (Nay & Tnler Bales) * (work done concurrently)
SUB-TOTAL 16 Weeks
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 t - above schedgl a o e met,
g. `UGC527-
Signature of Applicant Q
(If corporation, to be signed by President and attested to by Secretary,
together with corporate seal. )
Date:/ S4 cP f , 19 9
2486071 B-1542 P-746 04/16/96 03:52P PG 13 OF 13
960440
TO: Weld County Board of County Commissioners
FROM: Lonnie Ochsner,Vice President,Norwest Bank Colorado,NA
RE: Dos Rios Subdivision(Improvements Agreement)
This agreement dated February 26,1996 between Norwest Bank Colorado,NA(The Bank);the
Weld County Board of County Commissioners(The County);and Joyce Allely(The Borrower)is
mutually recognized and agreed upon by all parties as of this date.This agreement is entered into as an
alternative form of collateral under the Weld County Improvements Agreement regarding collateral for
road improvements of the Dos Rios Estates Second Filing(Phase I)development.
Norwest Bank Colorado,NA agrees to unconditionally advance up to,but not exceeding,
$63,507.00 as per the Borrower's construction budget and approved plat,for the roads portion of the Dos
Rios Estates Second Filing(Phase 1)development. For disbursement control purposes,the Bank will
review the monthly progress of the road construction with a designated representative of the County and
will disburse for payment only after the County has approved said disbursement. Any remaining
undisbursed funds of the$63,507 budgeted,will be available for construction of the roads should the
Borrower be in default of the Weld County Improvements Agreement with respect to construction of the
roads.The Bank and Borrower understand the County will require an Irrevocable Letter of Credit for 10%
($6,400)as a contingency fund which will be available to the County for one year commencing on the day
the roads are accepted for temporary maintenance by the County. (Please provide the Bank with your
desired Letter of Credit format,and the stated terms under which said letter could be drawn.)
This agreement pertains only to the roads portion of the project,and all other loan funds
committed for this development will be disbursed as per the loan agreement entered into between the
Bank and Borrower. No other commitments are implied by this agreement.
eed upon and accepted this �p - day of March, 1996.
,•=ic,,,,saW County Board of County Commissioners
0\ k(�j'.�,+
4 rbara J. ICi eyer, Chair
Joyce/A/llellyy ,
BY:( 2u i •
Norwest Bank C rado,N.A.
BY:
t Ochsner, Vice presudent
960440
46tari , MEMORANDUM r e�^"°'TY .
winkTO: Board of County Commissioners March 18,t1996 14 pit 3: 15
COLORADO FROM: Gloria Dunn, Current Planner CLERK
TC1 7l-ii:
SUBJECT: Dos Rios Estates, Second Filing c/o Joyce Allely
The applicant is requesting that the Board approve the attached collateral agreement between
Applicant Joyce Allely and Norwest Bank Colorado, NA, for Phase 1 of Dos Rios Estates,
Second Filing. Phase 1 includes Lots 1 through 8 of Block 4.
Lee Morrison of the County Attorneys' Office participated in the drafting of this collateral and
recommends that that it be accepted by the Board. The Public Works Department indicated
that it has no conflict with the Subdivision Improvements Agreement, as proposed.
Staff recommends that the Board approve the Improvements Agreement and accept the
collateral agreement as proposed.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
960440
Roil mEmoRAnDum
Gloria Dunn, Current Planner March 11, 1996
To Dare
COLORADO Don Carroll, Project Coordinator PIG,
From
Subject: Case No. S-385, Dos Rios Estates, 2nd Filing (Phase 1 Improvements)
I have reviewed and verified the construction costs provided by the applicant on Exhibit "A." All
the items I am responsible for appear to have adequate unit prices for Phase 1 Improvements. I have
no conflict with the unit prices presented in the improvements.
plan4.dc
MARr2. � �
96044O
GREELEY
GAS
COMPANY
January 11 , 1996
Weld County Commissioners
915 10 Street
Greeley, Colorado 80631
SUBJECT: **The availability of natural gas being provided to
the Dos Rios Subdivision
**Collateral Agreement position
N
N
N
Weld County Commissioners and Weld County Planning Board:
0
0
0
LL
The Greeley Gas Company has no conflict with not being
included in the Collateral Agreement.
CJ
0 The Greeley Gas Company would like to verify that we can
serve the Dos Rios Subdivision in its planned segments with
o additional main tieing on to an adjacent main extension
within the subdivision.
J
W
H
8 The existing natural gas main runs east and west adjacent to
County Road No. 396. We also will be able to service the
$ area from the existing line running north and south along
o Alto Way. The estimated cost to install 1100 feet of
¢ natural gas main to serve lots 1-8 around Poste Viejo and
9 Arado Way is $ 4,000.00. The estimated cost includes no
frost charge, so we anticipate installing the main extension
after March 15, 1996.
Q
The proposed, signed contract will require that the
developer pay the deposit and also be responsible for having
the easements clearly marked with officially-installed pins
and having the development at final grade before the
o installation takes place.
a_
ui
= Please telephone Chris Sarchet at 352-7171 if I can answer
any questions,
S
N
Sincerely,
a
y
0
C7
Chris Sarchet
Marketing Specialist Greeley Gas Company
0 960440
CW-4
CENTRAL WELD COUNTY WATER DISTRICT
February 2, 1996
Joyce J. Allely
Dos Rios Estates Second Filing
17 Dos Rios
Greeley, CO 80634
Dear Mrs. Allely:
Per the request that you forwarded to us from Gloria Dunn, the Weld County Planner, I am writing to
inform you that Central Weld County Water District has no conflict with not being included in the
collateral agreement between you and Weld County.
If you have any questions or I can be of further assistance, please contact me at(970)352-1254.
Sincerely,
CENTRAL WELD COUNTY WATER DISTRICT
W. Zadel
General
JWZ/ca
2235 2nd Avenue • Greeley. Colorado 80631 • (303) 352.1284 • John Zadel, General MenaA60440
O Public Service Public Service
Company of Colorado
et
P.O.Box 8
January 16, 1996 Greeley, CO 80632-0008
(303) 353-1144
Joyce Allely
17 Dos Rios
Greeley, CO
RE: Dos Rios Subdivision
Dear Joyce,
Public Service Company has no conflict not being included in the collateral agreement as
required by Weld County.
If you have any other questions just let me know.
Thank you,
Terry E Stencel
Planner
PSC
36°440
131 NORTH 35th AVE.
POST OFFICE BOX 3189
et GREELEV,COLORADO
ZIP CODE 80633
B W BEST - WAY PAVING CO. GREELEV 353-1654
DENVER 623-9438
FAX 353-5089
Jan. 21 , 11_195
Joyce J . Allele
17 Dos Rios
Greeley, Co. 80631
Re : Collateral Agreement
Dear Joyce :
This letter is to serve you as written documentation that
Best- Way Paving Co has no conflict with being excluded from
your collateral agreement with Weld County.
Best-Way Paving Co.
Herman Altergott
Vice President
960440
ulanrEsr
COMMUNICATIONS
Littleton, Colorado
January 15, 1996
Joyce J. Allely
Dos Rios Estates Second Filing
17 Dos Rios
Greeley, Colorado 80634
Dear Mrs. Allely,
Per the request that you forwarded to us from Gloria Dunn, the Weld County Planner, I
am writing to inform you that U S WEST Communications has no conflict with not
being included in the collateral agreement between you and Weld County. U S WEST
Communications' interests are addressed in the Land Development Agreement, into
which you, as the developer, and U S West Communications must enter prior to the
placement of telephone facilities in the Dos Rios Estates Second Filing subdivision, per
the tariffs filed with the Colorado Public Utilities Commission.
If you have any questions, please contact me ai (303) 707-8538.
Sincerely,
•
Patricia Lovejoy
U S WEST Communications
•
960440
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