HomeMy WebLinkAbout980321.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PRIVATELY MAINTAINED ROADS) AND
ACCEPT COLLATERAL - FLATIRON STRUCTURES COMPANY, % QUINLAN
CONSTRUCTION, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, by Resolution dated May 21, 1997, a Site Specific Development Plan and
Planned Unit Development (PUD) Final Plan, S #418, for C-3 (Commercial) uses on a six (6)
acre parcel, Flatiron Structures Company, c/0 Quinlan Construction, Inc., on the following
described real estate, to-wit:
Lot 2 of RE #1201 in part of W'%SW% of Section 11, Township 2
North, Range 68 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 (Privately Maintained Roads) between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, and Flatiron Structures
Company, °io Quinlan Construction, Inc., with terms and conditions being as stated in said
agreement, and
WHEREAS, the applicant has submitted collateral in the form of a Subdivision Bond No.
23002987, in the amount of$29,008.00, with Liberty Mutual Insurance Company of Boston,
MA, as Principal, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said collateral, copies of which are attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Improvements Agreement According to Policy Regarding
Collateral for Improvements (Privately Maintained Roads) between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and Flatiron
Structures Company, % Quinlan Construction, Inc., be, and hereby is, approved.
980321
Pw F� Q( G� PL0999
IMPROVEMENTS AGREEMENT- FLATIRON STRUCTURES COMPANY, CIO QUINLAN
CONSTRUCTION, INC.
PAGE 2
BE IT FURTHER RESOLVED by the Board that collateral in the form of a Subdivision
Bond. No. 23002987, in the amount of$29,008.00, with Liberty Mutual Insurance Company of
Boston, MA, as principal be, and hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of February, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WEI9 COUNTY, COLORADO
ATTEST: , e'\5 I/ j �I/)��i G/i✓�.asT��l�r�5 � o��
► , ' ✓.F �'I���• Constance L. Harbert, Chair
h/�I
Weld Co x Ct � �.� ikLuitt 17
. .:." W. H. ebster, Pro-TX
BY:
Deputy ��.
Geor •E. Baxter
APP D S TO FORM:
Dale K. Hall
iZ
my ttorn y Jutik
Barbara J. Kirkmeye
980321
PL0999
SUBDIVISION BOND
Bond No. 23002987
KNOW ALL MEN BY THESE PRESENTS. that we FLATIRON STRUCTURES COMPANY, LLC
P.O. BOX 2239, LONGMONT, CO 80501
of Principal, and LIBERTY MUTUAL INSURANCE COMPANY
authorized t0 do business in the State of MASSACHUSETTS , as Surety. are held and firmly
bound unto WELD COUNTY BOARD OF COUNTY COMMISSIONERS, 915 10TH STREET, P.O. BOX 758,
GREELEY, CO 80832 as Obligee. In the penal sum Of TWENTY NINE THOUSAND
EIGHT AND 00/100 (S 29,008.00 ) DOLLARS. lawful money of
the United States of America. for the payment of which well and truly to be made, we bind ourselves, our heirs.
executors. administrators. successors and assigns. Jointly and severally. firmly by these presents.
WHEREAS, FLATIRON STRUCTURES COMPANY, LLC
has agreed to construct in WELD COUNTY, COLORADO
the following improvements: PRIVATE ROAD MAINTENANCE SUBDIVISION/PUD PLAT KNOWN AS
FLATIRON PUD II
NOW. THEREFORE. THE CONDITION OF THIS OBLIGATION IS SUCH. that if the said Principal shall
construct, or have constructed, the improvements herein described and shall save the Obligee harmless from any loss.
cost or damage by reason of its failure to complete said work, then this obligation shall be null and void: otherwise
to remain in full force and effect.
Signed, sealed and dated this 29TH day of AUGUST . 19 97 .
FLATIRON STRUCTURES COMPANY, LLC
Principal
By:
LIBERTY MUTUAL INSURA COMPANY,
By:
1 L YNN - Attorney-in- act
SG-3009/EP 7/99
THLSPOWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 375562
This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the
manner and to the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts
mutual insurance company, pursuant to and by authority of the By-Jaw and Authorization hereinafter set forth, does hereby name,
constitute and appoint, DON. R. BROYLES, FRANK C. PENN, DiLynn GUERN,KATHRYN K. COULSON, JEANNE M-
SIKKENS, KEVIN W. McMahon, JEFFREY L. BROYLES, LISA M. LOEFFLER,PAMELA .1.;HANSEN, MICHELLE L.
LEMUS, MICHAEL D. PIERCE, RAE L. CAMPBELL, KATHRYN Y. BROYLES, THERESA J. ANN, LAWRENCE E.
LUTGEN, ALL OF THE CITY OF DENVER, STATE OF COLORADO
, each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute,seal, acknowledge and deliver; for and on its
behalf as surety and as its act and deed, any and all undertakings,bonds, recognizances and other surety obligations in the penal sum not exceeding
SEVENTY rIVE MILLION*********************...*.*..n. DOLLARS ($ 75,000 000******** ) each, and the execution of such bonds or j
undertakings, in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by '3
the secretary of the Company in their own proper persons. re
co 0 That this power is made and executed pursuant to and by authority of the following By-law and Authorization: c
d ARTICLE XVI-Execution of Contracts:Section 5.Surety Bonds and Undertakings. .N
Yu)• Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such a
e d limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the
a c company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety e
obligations. Such attorneys-in-fact, sub ect to the limitations set forth in their respectivepowers of attorney,shall have full:power to bind the to
=� 9rI P o _ c
:O 10 company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such o
N pr instruments shall be as binding as if signed by the president and attested by the secretary. To I—
C7 By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-In-fact: N W In
—
co E
d > Pursuant to Article XVI, Section 5 of the By-laws,Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys-in-fact O a
t W as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, t m
N = bonds,recognizances and other surety obligations.
we
H That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. O-o
O d c
IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance 3 to
C• d Company has been affixed a in Plymouth.Meeting;Pennsylvania this 18th day of April ,19 97 . a E
co
c i n asp 4- ,•, ��,, LIBERTY MUTUAL INSURANCE COMPANY r p al
co co 1r« Garnet W.Elliott,Assistant Secretaryco By
d2
OC 'O
E 2 COMMONWEALTH OF PENNSYLVANIA ss >-0
0 Et COUNTY OF MONTGOMERY to c
Q
On this 18th day of. April .' ,.A.D. 19 97 before me,a Notary Public, personally came the individual, known to co
> y me to be the therein des '- ' dual and officer of Liberty Mutual Insurance Company who executed the preceding instrument,.and he acknowled- ,_N
1= ged that he executed - aria a. i the seal:affixed to the.Said preceding instrument is.the corporate seal of said company;and that said corporate w
2 u seal and his signatu * , ,: .: was duly affixed:and subscribed to the said instrument by authority and direction of the said company. 0 0
4IN TESTIMO • REOF,l' .set my hand and affix my official seal at Plymou Meeting;Pp,the day and year first above written. O t?
OF N0TARIAL.', Al r(/ I-r-
oonNa e nit l s +, en, ,
* •o �Q' * Guy of n prD,P I •v Notary Public
A C n L yu Febl 3
4..�'ySYLNIP"..6 utHi t.7c E
I, the undersigne., - .tacit.' rotary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the
foregoing is a full, true and c. -c copy, is in full force and effect on the date of this certificate;and I do further certify that the officer who executed the
said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fact as provided in Article
XVI,Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance
Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified
copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as-
though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company,this 29th day of
Auguct , 19 97 . 't-
�,.r't 'istant.earetary
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTI. E AFTER • April 18 ',le 99 -
boy
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT, made and entered into this J/JK day of by and between
the County of Weld,State of Colorado,acting through its Board of County Commiss. ners,hereinafter called
"County", and F7atiiat Structures ctnteny 112, hereinafter called "Applicant".
A Cbkmat Limited r,iahility Gmgany (Oder)
WITNESSETH:
WHEREAS, Applicant is the owner of or has a controlling interest in the following described
property in the County of Weld, Colorado:
WHEREAS, a final subdivision/PUD plat of said property, to be known as
H `r HD II 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.
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1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision
to the County for approval prior to the letting of any construction contract.
Applicant shall furnish one set of reproducible "as-built" drawings and a final
statement of construction cost to the County.
2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements
herein agreed upon,Applicant shall acquire, at its own expense, good and sufficient rights-
of-way and easements on all lands and facilities traversed by the proposed improvements.
3.0 Construction; Applicant shall furnish and install, at its own expense, the subdivision
improvements listed on Exhibit "A: which is attached hereto and made a part hereof by this
reference, according to the construction schedule set out in Exhibit "B" also attached hereto
and made a part hereof by this reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a subdivision is proposed within three miles of an
incorporated community located in Weld County or located in any adjacent county,
the Applicant shall be required to install improvements in accordance with the
requirements and standards that would exist if the plat were developed within the
corporate limits of that community. If the incorporated community has not adopted
such requirements and standards at the time the subdivision is proposed, the
requirements and standards of the County shall be adhered to. If both the
incorporated community an the County have requirements and standards, those
requirements and standards that are more restrictive shall apply.
3.2 Applicant shall employ, at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and
inspect or to require testing and inspection of material and work at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 The Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems, water, gas, electric and telephone
services.
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 go-erning 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
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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 ir_.ccable Utter of Credit from a Federal or State licensed rinanria! 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.
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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 r 2leesed 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:
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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.
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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.
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
i,;
5qt /
ATTEST;' 1V
Weld Co`
BY !e/ %' rA � .[.i(ta ttL_
Dec,t ^r i �} r // '
ut ( L
P y l J CA/AS/9f)
APPROVED AS S IRM:
Cou y Attorney
APPLICANT
By: Mr. Paul Drisco 1, Vice-President
Flatiron Structures Company Eat-'
,,,,y A Colorado Limited Liability Company
Subscribed and sworn to before me this,2�, ! day of c 199 7 .
My Commission expires: cLLUCC
DR •27'99 Not yPu '
M: R7
FORMUAPRI VATE.DB
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EXHIBIT "A"
Name of Subdivision: FLATIRON POD II
Filing:
Location: 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
Street base
Street paving 11 .20 SF 10,204
Curbs. Butters, & culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements 500 IS Son
Subsurface drainage
Sanitary sewers 7,f1110
Sanitary sewers
Trunk & forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply& storage
Water mains-Includes Bore
Fire hydrants
Survey& street monuments & boxes _ ..
Street lighting
Street name signs
Fencing requirements _
Landscaping see attached breakdown 4,766
Park improvements
Road Culvert
Grass Lined Swale 850 LF RSn
Telephone
Gas
Electric
Water Transfer
SUB-TOTAL 23,320
MID 11111 111111 liii 1111111 IIIIIIIIIIIIIVIIIIIIIIIII
2596704 02/27/1998 09:50R Weld County CO Revised 12/95
9 of 14 R 0.00 D 0.00 JA Sukl Teukemoto
Engineering and Supervision Costs 3,790
(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 $ 29,008
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 c n ruction schedule set out in Exhibit "B".
r n �
Flatiron Structures Company LLC
.au R. Driscoll Scott S L
ynn
(In corporation, to be signed by President and attested to by ecretary, together withcorrppoiratte se 1.
Applicanie
Date: f4 11 , 19 ?K.
•
HMO BII111111IIII1111111 ��� 1111111III111111 ��� ����
2698704 02/27/1998 09:50A Weld County CO
10 of 14 R 0.00 D 0.00 JA Suit( Teukamoto
10 Revised 12/95
QUINLAN CONSTRUCTION INC. Estimator: Jana Chameroy
5540 CENTRAL AVENUE, SUITE 100 Date: January 16, 1996
BOULDER, COLORADO 80301 Revised: February 26, 1997
(303) 442-0202 FAX(303) 442-0360 Job #: 97-338
FLATIRON ESTIMATE - Improvements Agreement
UNIT TOTAL
PHASE DESCRIPTION UNIT QUANTITY PRICE PRICE REMARKS
Street Grading inc 0.00 presently to grade
Street Base inc 0.00 full depth asphalt
Street Paving SY 911 11.20 10,203.20
Curbs 0 0.00 none required
Gutters 0 0.00 none required
Culverts 0 0.00 none required
Site Concrete 0 0.00 none required
Storm Sewer Facilities 0 0.00 in place
Retention Pond 0 0.00 in place
Ditch Improvements LS 1 500.00 500.00
Subsurface Drainage 0 0.00 in place
Sanitary Sewers LS 1 7,000.00 7,000.00 St. Vrain Sanitation
Trunk& Forced Lines 0 0.00 none required
Mains 0 0.00 none required
Laterals (house connected) 0 0.00 none required
On-site Sewage Facilities 0 0.00 none required
On-site Water Supply/Storage 0 0.00 none required
Water Mains (including bores) 0 0.00 none required
Fire Hydrants 0 0.00 none required
Survey/Street Monumnt/Boxes 0 0.00 none required
Street Lighting 0 0.00 in place
Street Name Signs 0 0.00 none required
Fencing Requirements 0 0.00 in place
Landscaping LS 1 4,766.00 4,766.00
Park Improvements 0 0.00 in place
Road Culvert 0 0.00 in place
Grass Lined Swale LS 1 850.00 850.00
Telephone 0 0.00 in place
Gas 0 0.00 in place
Electric 0 0.00 in place
Water Transfer 0 0.00 in place
SUBTOTAL-direct 23,319.20
General Conditions LS 1 2,740.00 2,740.00
Builders Risk LS 1 50.00 50.00
Design/Drawings LS 1 1,000.00 1,000.00
Soils LS 0 0.00
Bldg Permit/Use Taxes/Plan Ck LS 0 0.00
0.00
SUBTOTAL - Indirect 3,790.00
SUBTOTAL -direct/indirect 27,109.20
Contractor Fee 1,898.00
TOTAL $29,007.20
111111 11111 111111 IIII 1111III III 111IIII II111IIII III IIII
2596704 02/27/1998 09:509 Weld County CO
11 of 14 R 0.00 D 0.00 JA Sukl Teukamoto
FLATIRON PUD
Part of Improvements Agreement According
Policy Regarding Collateral for Improvements
(Private Road Maintenance)
TREES SIZE QUANTITY UNIT TOTAL
PRICE PRICE
Autumn Blaze Maple 3" Two (2) 675.00 1,350.00
Austrian Pine 8'-0" One (1) 500.00 500.00
Washington Hawthorn 2-1/2" Two (2) 537.50 1,075.00
Spring Snow Crabapple 2-1/2" Two (2) 525.00 1,050.00
Rabbitbush #5 Five (5) 41.50 208.00
Russian Sage
Potentilla's
Junipers #5 Five (5) 45.00 225.00
20 to 25 lb Dryland/acre: 5,500 SF 1 LS 358.00
45% Cover Sheep Fescue
30% Reubens Canada Bluegrass
25% Ephraim Crested Wheatgrass
TOTAL LANDSCAPING 4,766.00
February 26, 1997
/landscp.brk
HRH 1111111111111111111111 III 1111111 III 111111 III 1111
2896704 02/27/1998 09:50R Weld County CO
12 of 14 R 0.00 D 0.00 JR Suitt Tsukamoto
EXHIBIT "B"
Name of Subdivision: FLATIRON PUD II
Filing:
Location: Weld County, Colorado
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 rg_adine Upon issuing of tjie first building permit
Street base
Street paving
Curbs, gutters, and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
Qn-site sewage facilities
On-site wateasupply and storage _____
Water mains
Fire hydrants
Survey& street monuments & boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Telephone
Gas
Electric
Water Transfer
Sub-Total
HID 11111 11111 IIII IIIIIII III HIE Halt III IIII
2596704 02/27/1998 09:50A Weld County CO
13 of 14 R 0.00 D 0.00 JA Suki Tsukamoto Revised 12/95
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 met.
Scott . Lynn Pa ris oll
(If corporation,to be signed by President and attested to by Secretary, together with corporate seal.11ot Applicable
Date: // , 19 raw.
m:Vonn\aprivam.db
1111111 11111 111111 IIII 1111111 III 1111111111 HMI III IIII
2596704 02/27/1998 09:50A Weld County CO
14 of 14 R 0.00 D 0.00 JA Suki Teukamoto
Revised 12/95
Mckarn MEMORANDUM
rn I 7.1
II`P C TO: Board of County Commissioners February 13, 1998
CLERK
COLORADO FROM: Gloria Dunn, Current Planner TO THE
SUBJECT: S-418, Flatiron Structures Company PUD final plan,
Lot 2 of RE-1201 in part of W2SW4 of Section 11, T2N,
R68W of the 6th P.M., Weld County, CO
In May, 1997, the Board approved a four(4)-lot Planned Unit Development for C-3 (Commercial)
uses on a six (6) acre parcel located east and adjacent to 1-25 Frontage Road in the Mixed Use
Development area of the county.
At this time, the PUD plat and covenants are completed and ready for recording. The applicant
is requesting the Board's acceptance of the Subdivision Improvements Agreement for
construction of a privately-maintained street to serve the PUD, extension of sanitary sewer
service, drainage improvements and landscaping. A surety bond in the amount $29,008.00,
which corresponds with Exhibit A, is presented as collateral for this project.
The Public Works Department and County Attorneys' office have each reviewed the submitted
documentation and have no conflict with approval of the Improvements Agreement.
Staff recommends that the Board accept the Improvements Agreement and form of collateral as
submitted by Flatiron Structures Company.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
980321
MEMORANDUM
W I
lkC
TO: Gloria Dunn, Current Planner DATE: September 18, 1997
FROM: Don Carroll, Project Administrator ►xi�
COLORADO
SUBJECT: S-418; Flatiron Structures Company, Go Quinlan Construction
PUD Plan for C-3 Commercial Use, Lot 2 of RE-1201
Improvements Agreement regarding collateral for
improvements (private road maintenance)
The Weld County Public Works has reviewed the proposed improvements agreement and has field-verified the
items identified in Exhibit A. The unit costs were reviewed and quantities were verified on the Improvement
Agreement. We have no conflict with the submittal.
cc: Commissioner Harbert
S-418
planit Weld County Planning Dept.
SEP 2 2 1997
`tip ' `
From: LEE MORRISON
To: gdunn,dcarroll
Date: 9/19/97 2:28pm
Subject: FlatironsPUD II
Reply requested when convenient
I have reviewed the covenants improvements
agreement and form of collateral.The
agreement appears sufficient with the
exception that a legal needs to be inserted
on The first page.This could be done by
recording information as of the time of
recording the plat.
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
' FAX: (970)352-0242
P. O. BOX 758
CGREELEY, COLORADO 80632
O
COLORADO
August 3, 2005
Flatiron Structures Company
P. O. Box 2239
Longmont, Colorado 80501
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 Subdivision Bond 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. Hardi g,
Deputy Clerk to the Board
qg 03;1j
SUBDIVISION BOND
Both No. 23002987
i
KNOW ALL MEN BY THESE PRESENTS. that we FLAT IRON STRUCTURES COMPANY, LLC / /
P.O. BOX 2239, LONGMONT, CO 80501 f - J /
as Principal. and LIBERTY MUTUAL INSURANCE CONf'ANY
5
authorized to do business in the State of MASSACHUSETTS . a rety. are held and firmly
bound unto WELD COUNTY BOARD OF COUNTY COMMISSIONERS, 915 1 TH ST T, P.O. BOX 758,
GREELEY, CO 80632 as Obligee. i he pens of TWENTY NINE THOUSAND
EIGHT AND 00/100 (S 29,008.0 - - - - - - ) DOLLARS. lawful money of
the United States of America. for the payment of which well and o be made. we bind ourselves. our heirs.
executors. administrators. successors and assigns. jointly a severally. f mly by these presents.
WHEREAS. FLATIRON STRUCTURES COMPANY, LLL&
has agreed to construct in WELD COUNTY, COLORADO
the following improvements: PRIVATE ROAD MAINT E SUBDIVISION/PUD PLAT KNOWN AS
FLATIRON PUD III
NOW. THEREFORE. THE CON ITI N OF THIS OBLIGATION IS SUCH. that if the said Principal shall
construct. or have constructed. the impr nts herein described and shall save the Obligee harmless from any loss.
cost or damage by reaso of its fai o complete said work. then this obligation shall be null and void: otherwise
to remain in full force fec .
Signed. sealed a ted this H day of AUGUST . 19 97 .
FLATIRON STRUCTURES COMPANY, LLC
Principal
By:
LIBERTY MUTUAL INSURAI COMPANY
By
i LYNN Attorney-in- act
36-308 P 7/e3
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 375562
This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the
manner and to the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty.Mutual Insurance Company (the "Company"), a Massachusetts
mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name,
constitute and appoint, DON. R. BROYLES, FRANK C. PENN, DiLynn GUERN, KATHRYN K. COULSON, JEANNE M.
SIKKENS, KEVIN W. McMahon, JEFFREY L. BROYLES, LISA M. LOEFFLER, PAMELA J. HANSEN, MICHELLE L.
LEMUS, MICHAEL D. PIERCE, RAE L. CAMPBELL, KATHRYN Y. BROYLES, THERESA J. FINN, LAWRENCE E.
LUTGEN, ALL OF THE CITY OF DENVER, STATE OF COLORADO
, each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute,seal, acknowledge and deliver,for and on its
behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
CCVCCN�TY DIVE MILLION**'**""********************«* DOLLARS ($ 75,000 000******** ) each, and the execution of such bonds or j,
undertakings, in pursuance of these presents,shall be as binding upon the Company as it they had been duly signed by the president and attested by 4:30
a the secretary of the Company in their own proper persons.00
O That this power is made and executed pursuant to and by authority of the following By-law and Authorization: N
C
O
I • ARTICLE XVI-Execution of Contracts:Section 5.Surety Bonds and Undertakings. in
YH Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such
C y limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the >,
ac company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety c
td obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the C
Vm company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such m O
E pf instruments shall be as binding as if signed by the president and attested by the secretary. U N
V
.L 7 By the following instrument the chairman or the president has authorized the officer or other official named thereinto appoint attorneys-in-fact: a)W
Q VS LE
N > Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys-in-fact O O.
..m as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, Q 0N O bonds,recognizances and other surety obligations. C 0
0
O
ca• That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. ._C
O r..
L IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance 3 A
„d„ O Company has been affixed t in Plymouth Meeting, Pennsylvania this 18th day of April , 19 97 . Il E
d N
c W LIBERTY MUTUAL INSURANCE COMPANY r O
L
Lii Or
Cam
y� /t
0i` B ev' — «d
1:.O-! By Gamet W.Elton,Assistant Secretary 9 N
O E m
E 2 COMMONWEALTH OF PENNSYLVANIA ss >2
w El COUNTY OF MONTGOMERY r v
N
v On this 18th day of April ,:A.D. 19 97 before me, a Notary Public., personally came the individual, known to m
>o ai me to be the therein desc ' idual and officer of Liberty Mutual Insurance. Company who executed the preceding instrument, and he acknowled- ,w
G ; ged that he executed tlae,Sariie adtit the seal affixed to the said preceding instrument is the corporate seal of said company;and that said corporate e
z V seal and his signatures L1 r-c1 ,. ..1; was duly affixed and.subscribed to the said instrument by authority and direction of the said company. o p
Nu EQ ..
IN TESTIMONY HEREOF I tte set my hand and affix my official seal at Plymou Meeting, P ,the day and year first above written. p t0
{tc { u akin t /y{1 ,s _,.-" ..?�
g uin iii rt ii.
k*\< f i - t cia nv r I Notary Public
v
I, the undersigned, Stalt0 retary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the
foregoing is a full,true and c ct copy, is in full force and effect on the date of this certificate;and I do further certify that the officer who executed the
said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fact as provided in Article
XVI, Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance
Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified
copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as-
though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 29th day of
August 19 97
: �))
sistant-≥retary
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTI• = E AFTER April 18 ,19 99
COLLATERAL RELEASED
IN CONJUNCTION WITH
OTHER CASES
SEE #2005-2091
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