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HomeMy WebLinkAbout970128.tiffRESOLUTION RE: APPROVE RELEASE OF COLLATERAL FOR PHASES 1 AND 2, SUBDIVISION IMPROVEMENTS AGREEMENT; EXCHANGE OF COLLATERAL FOR ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT (OFF -SITE), REVIEW OF IMPROVEMENTS AGREEMENT (ON -SITE) AND ACCEPTANCE OF COLLATERAL FOR PHASE 3 - MCSTAIN ENTERPRISES, INC./LONGVIEW COMMUNITY, LLC, S #378 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, by Resolution dated December 20, 1995, the Board approved a Road Maintenance and Improvement Agreement (Off -Site) and an Improvements Agreement (On - Site) with McStain Enterprises, Inc./Longview Community, LLC, and accepted two Irrevocable Letters of Credit for $575,000 and $87,750, dated November 15, 1995, and December 6, 1995, respectively, and drawn on the Colorado Mortgage Company; and by Resolution deated May 1, 1996, the Board accepted an Irrevocable Letter of Credit from Longview Community, LLC, dated April 9, 1996, in the amount of $280,702, also drawn on the Colorado Mortgage Company, and WHEREAS, McStain Enterprises, Inc./Longview Community, LLC, has requested release of the three abovementioned Letters of Credit and offered in exchange Irrevocable Letter of Credit for $6,260, dated January 15, 1997, also drawn on the Colorado Mortgage Company, and WHEREAS, a hearing was held on January 22, 1997, at which time the Board did review the Improvements Agreement (On -Site) for Phase 3, including an Irrevocable Letter of Credit for Phase 3 in the amount of $92,088, dated January 15, 1997, and drawn on the Colorado Mortgage Company, and WHEREAS, at said hearing on January 22, 1997, the applicant requested correction to the Improvements Agreement (On -Site), whereby Phase 3 and Phase 4 were transposed on the headings of the exhibits attached to said agreement; revision of the map attached to said agreement; and inclusion of lots 90 through 96 in Phase 3 of said agreement, and WHEREAS, after review, and upon the recommendation of staff from the Department of Planning Services, Public Works, and County Attorney's Office, the Board deems it advisable to release the three abovementioned Letters of Credit, in the amounts of $575,000, $87,750, and $280,702; accept the replacement Letter of Credit in the amount of $6,260; correct the transposition of Phase 3 and 4 in the headings on the exhibits to the Improvements Agreement (On -Site); accept the Letter of Credit in the amount of $92,088; and allow release of building permits and certificates of occupancy to be issued for Lots 90 through 96. Pz AGS77 /N ; 2531384 B-1589 P-668 01/30/1997 03:29P PG 1 OF 2 REC DOC Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00 970128 PL0386 AGREEMENTS AND COLLATERAL - MCSTAIN/LONGVIEW PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that Irrevocable Letters of Credit for $575,000, $87,750, and $280,702, dated November 15, 1995, December 6, 1995, and April 9, 1996, respectively, and drawn on the Colorado Mortgage Company, Manhattan Plaza Building, 75 Manhattan Drive, Boulder, Colorado 80303, be, and hereby are, released. BE IT FURTHER RESOLVED by the Board that Irrevocable Letters of Credit for $6,260 and $92,088, dated January 15, 1997, and drawn on the Colorado Mortgage Company, at the above address, be, and hereby are, accepted. BE IT FURTHER RESOLVED by the Board that transposition of Phase 3 and Phase 4 headings on the exhibits to the Improvements Agreement (On -Site) be, and hereby are, corrected. BE IT FURTHER RESOLVED by the Board that building permits and certificates of occupancy be, and hereby are, allowed for Lots 90 through 96 of Longview Estates Subdivision. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of January, A.D., 1997. ATTE Weld BY ad Deputy e Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO . Georg Baxter Chair Dale K. Hall ce L. Hart, l ro- FXCIJSFf1 fATF OF SICNINC, Barbara J. Kirkmeyer W. H. Webster 2531384 B-1589 P-668 01/30/1997 03:29P PG 2 OF 2 (AY9 970128 PL0386 01/21/97 12:30 FAX 970 352 2868 WELD PUBLIC WORK Affizi; WffDc, COLORADO 7 77 mEmoRAnDum Todd Hodges, Current Planner II January. 1., x,997 To Pelt Don Carroll, Project Coordinator .0 CC. From i subject: S-378, McStain-Longview PUD, Release of Collateral Phases 1 and 2, Internal Road System: The improvements and asphalt have been in place for at least one year in Phases 1 and 2, the Internal Road System within the subdivision. I recommend that 100% of the asphalt -related items be released. I have no conflict with retaining any additional money or time on these phases. The reinspection of said phases has shown no problems. Phases I and II, Off -Site Agreement: The improvements and asphalt have been in place for a least one year in Phases I and II, Off -Site Agreement on WCR 3.5. 1 recommend that 100% of the asphalt -related items be released. I have no conflict with retaining any additional money or time on these phases. The reinspection of said phases has shown no problems. Phase 3, Internal Road System: At the request of the applicant, I have visited the site on Jannnry 7, 1997, to verify the completion of the asphalt -related items- This phase was completed to my satisfaction I recommend withholding 15% of the asphalt -related collateral and releasing 85%. At the end of one year, by the request of the applicant, this phase will be reinspected. If no repairs are required, the 15% collateral will be released. Phase III, Off -Site Agreement: At the request of the applicant, I have visited the site on January 7, 1997, to verify the completion of the asphalt -related items on WCR 3.5. This phase was completed to my satisfaction_ I recommend withholding 15% of the asphalt -related collateral and releasing 85%. At the end of one year, by the request of the applicant, this phase will be reinspected. If no repairs are required, the 15% collateral will be released. Please see the attached map showing the Internal Road Phase and the Off -Site Phase. DC/fc:planl Attachment cc. Commissioner Harbert S-378 file Cc'L ;;',t Pluming O -.. t. 01/21/97 11:30 970128 TX/RX N0.6114 P.001 McSTAIN January 9, 1997 Longview Community, LLC 75 Manhattan Drive Suite 1 Boulder, CO 80303 Todd Hodges Weld County Planning Department 1400 North 17th Avenue Greeley, CO 80631 Work Progress: Longview Phase 3 Dear Mr. Hodges, This letter represents a revision of a previous letter dated January 8, 1997 based upon a phone conversation with you on January 9, 1997. Having completed the construction of the streets, along with all other public improvements except landscaping of the Longview Subdivision, McStain Enterprises acting as manager of the Longview Community, LLC requests the inspection and recommendation of approval to the Board of County Commissioners. John Jorgenson of Hurst & Associates, acting as design and inspection engineer has forth coming as- builts, reports, and test results of the construction process. Secondly, we are securing a Letter of Credit in the amount of $ 92,088.00, based upon a 15% guarantee of all completed improvements, 100% guarantee of all landscape improvements, and 100% Weld County Road Phase III. These collateral amounts are based upon public improvements lists as submitted and recorded with the improvement agreements dated Dec. 20, 1995. See attachments: The public improvements lists for Phase III and IV were transposed and subsequently we are providing the "Phase 4" improvement list which reflects the proper quantities. Calculations: 100% Landscaping $33,000 15% Remaining improvements $293,917 100% Weld County Road Phase III $15,000 $33,000 $44,088 $15,000 $92,088 Thirdly, we request the release of C.O.'s for 4 lots forth coming in January. Thanks for your assistance in this process. Sincerely, Paul Anderson Site Development Manager McStain Enterprises, Inc. 75 Manhattan Drive • Suite I • Boulder, Colorado • 80303-4254 • Telephone 303 4945900 Fax 303.494.4933 Printed on Recycled Paper O JAN -18-97 SAT 7:1° A11( COLORADO Manhattan Plaza Building 75 Manhattan Drive, Boulder, Colorado 80303 Phone 499-5400 IRREVOCABLE LETTER OF CREDIT Medlar CO. January 15, 1997 Weld County Board of County Commissioners 915 Tenth Street P. O. Box 1948 G-eeley, Colorado 80632 RE: WORK PROGRESS: LONGVIEW PHASE 3 Colorado Mortgage Co., 75 Manhattan Drive, Suite 200, Boulder, Colorado, 80303 hereby authorizes you to draw on us for account of Longview Community, LLC, Boulder, Colorado, 80303, up to an aggregate amount of U. S. Dollars NINETY TWO THOUSAND EIGHTY-EIGHT AND NO/100 DOLLARS ($ 92,088.00), such amount not available except by your drafts at sight, accompanied by certification of the Weld County Engineer, that LongView Community, LLC. failed to complete installation of the public improvements for the LongView development, Weld County, Colorado, in accordance with the Improvements Agreement for Longview, known as Road Maintenance and Improvement Agreement dated IaJaoS , by and between Weld County and Longview Community L C, a Colorado corporation. A list of public improvement costs is attached hereto and incorporated herein as "Exhibit 1." We hereby further agree that: (a) Drafts under and in compliance with the terms of this Irrevocable Letter of Credit will be duly honored if presented at our office at 75 Manhattan Drive, Suite 200, Boulder, Colorado, 80303, on or before February 1, 1998. (b) Funds available under this Irrevocable Letter of Credit may be drawn in such amounts and at such times as determined by the County Engineer, in his/her sole discretion, provided that the amount drawn shall not exceed the aggregate amount specified herein. (c) We shall have no right, duty, obligation, or responsibility to evaluate the performance or non-performance of the underlying contract between Longview Community, LLC and the beneficiary of this letter of credit. 01/17/97 15:18 TX/RX NO.6092 P.006 • JAN -18-97 SAT 7:20 AM P. 7 Page 2 - Irrevocable Letter of Credit - Longview, Weld County (d) This Letter of Credit will be reduced upon Weld County's construction acceptance of the public improvements to fifteen percent (15%), where applicable, upon instruction from the County. (e) The Letter of Credit covering the final 15% shall remain in full force and effect until the final 15% is released by the County or until after the Board has received sixty (60) days prior notice to expiration of this Letter of Credit, whichever occurs first. We shall notify you in writing of the pending expiration date. Said notice shall be sent by certified mail to the Clerk of the Board of County Commissioners. (f) The amount of any draft drawn hereunder must be endorsed on the reverse side hereof. All drafts must be marked "Drawn under Trra..n..-.1+1 o T oti-ar nC rra.7G F Mn C i.nn.n..7 o<n rnmm„n;+.s T.T C' " 01/17/97 15:18 TX/RX NO.6092 P.007 • McTAIN January 9, 1997 Longview Community, LLC 75 Manhattan Drive Suite 1 Boulder, CO 80303 Todd Hodges Weld County Planning Department 1400 North 17th Avenue Greeley, Co 80631 Improvement Guarantees: Longview Phase I & II Dear Mr. Hodges, Weld County Planning Dept.. This letter represents a revision of a previous communication dated December 3, 1996 based upon a phone conversation with you on January 9, 1997. Based upon our Improvement Agreement dated December 20, 1995 and having completed all improvements, inspections, and conditions 9.0 - 9.5, we request release of all collateral for these improvements with the following exceptions as requested by Left Hand Water District, St. Vrain Sanitation District, and Weld County. Left Hand Water - 520 L.F. 12" main @ $22.00 $11,440 2 12" main valves @ $1,000 $ 2,000 5 12" fittings @ $ 350 $ 1,750 1 Master Meter Vault $15.000 $30,190 St. Vrain Sanitation District - 1369 L.F. 12" main @ $20.00 $27,380 5 4' diameter manholes @ $1,000 $ 5.000 $32,380 Therefore we are asking for the return of Letters of Credits for Longview Development Phase.I in an amount of $ 575,000, in Longview Phase II - $280,762, and Weld County Road improvement and maintenance agreement of $ 87,750 in exchange for a combined Letter of Credit in an amount of $ 6,260. Left Hand Water District St. Vrain Sanitation District $ 3,020 $ .240 $ 6,260 McStain Enterprises, Inc. 75 Manhattan Drive Suite I Boulder, Colorado 803034254. Telephone 3034943900 Fax 303.494.4933 Printed on Recycled Paper O This Letter of Credit will carry an expiration date of improvements have been completed, most over inspections have found them in satisfactory condition. the January 15th County Commissioners meeting for letters of credit. Thanks again for you assistance. Sincerely, aUn,L.-tA0 .) Paul Anderson Site Development Manager September 1998. As all 1 year ago and recent Hopefully we can make release and exchange of JAN -1897 SAT 7:18 AM P. 2 COLORADO Manhattan Plaza Building 75 Manhattan Drive, Boulder, Colorado 80303 Phone 499.5400 IRREVOCABLE LETTER OF CREDIT 11Ort aye CO. January 15, 1997 Weld County Board of County Commissioners 915 Tenth Street P. 0. Box 1948 Greeley, Colorado 80632 RE: REPLACEMENT LETTER Of CREDIT FOR LONGVIEW COMMUNITY LLC COMPLETE IMPROVEMENT OF PUBLIC IMPROVEMENTS FOR BLOCK 1 OF LONGVIEW DEVELOPMENT, WELD COUNTY DATED 11/15/95 $575,000. LONGVIEW COMMUNITY LLC COMPLETE IMPROVEMENT OF ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT OF LONGVIEW DEVELOPMENT, WELD COUNTY DATED 12/6/95 $87,750. AND LONGVIEW COMMUNITY LLC COMPLETE IMPROVEMENT OF LONGVIEW PHASE 2, WATER, STREETS, SEWER, STORM SEWERS AND MAINTENANCE OF LONGVIEW DEVELOPMENT, WELD COUNTY DATED 12/20/95 $280,702. A/K/A AS IRREVOCABLE LETTERS OF CREDIT NO.'S 1, 2 & 3 Per attached letter to Mr. Todd Hodges, Weld County Planning Department from Paul Anderson, Site Development Manager for McStain Enterprises, Inc., COLORADO MORTGAGE CO., 75 Manhattan Drive, #200, Boulder, CO 80303 hereby authorizes you to draw on us for account of IMPROVEMENT GUARANTEES: LONGVIEW PHASE I & 11, up to an aggregate amount of SIX THOUSAND TWO HUNDRED SIXTY AND NO/100 DOLLARS (6,260.00), such amount not available except by your drafts at sight, accompanied by certification of the Weld County Engineer, that Longview Community, LLC. failed to complete installation of the public improvements for Phases I & II of the Longview development, Weld County, Colorado, in accordance with the Improvements Agreement for Longview, dated ►a/ao/pis , by and between Weld County and LongView Community LLC, a Colorado corporation. We are respectfully requesting that a) of the 2nd paragraph of the letters dated 11/15/95, 12/6/96 and 12/20/96 be revised to read: (a) Drafts under and in this Irrevocable Letter of presented at our office at Boulder, Colorado, 80303, 1998. compliance with the terms of Credit will be duly honored if 75 Manhattan Drive, Suite 200, on or before September 15, 01/17/97 15:18 TX/RX NO.6092 P.002 • JAN -18-97 SAT 7:13 AM P. 3 Page 2 - Replacement Letter of Credit Longview All other terms and conditions of the original Irrevocable Letters of Credit dated November 15, 1995, December 6, 1995 and April 9, 1996'fa1.1 remain in full force and effect. ..-c, „rte-a hiec 15th day of January, 1997. CQ*PORA,TE $PAL • °. /24 ] 0 - .k_tec..i COLORADO MORTGAGE CO. BY /(te t tiLe2-i. WILLIAM J. SUl President 01/17/97 15:18 TX/RX NO.6092 P.003 • LEFT HAND WATER DISTRICT December 4, 1996 Mr. Todd Hodges Weld County Planning 1400 N 17th Ave. Greeley, CO 80631 RE: Longview Dear Mr. Hodges: The amount proposed for valuation, i.e. $30,190, and the 10% collateral for two years of this amount is acceptable to Left Hand Water District for those improvements that are now the property of LHWD. The applicant has constructed these facilities to LHWD standards, they have been accepted, and the two year warranty period has begun. Left Hand Water District has no need for any further bonding or credit protection beyond what is specified above. Please let me know if you need anything else. Thank you for your time and assistance. Sincerely, David .Sample, PE District Engineer cc: Paul Anderson, McStain Enterprises 75 Manhattan Dr. Suite 1 Boulder, CO 80303-4254 Weld County Planning Dept. DEC 0 9 1996 REJILJVED P.O. Box 210 • Niwot CO. 80544 • (303) 530-4200 • Fax (303) 530-5252 January 21, 1997 Longview Community, LLC 75 Manhattan Drive Suite 1 Boulder, CO 80303 Todd Hodges Weld County Planning Department 1400 North 17th Avenue Greeley, Co 80631 Re: Longmont - Improvement Agreement Amendment Dear Mr. Hodges, Please accept the corrected copies of the Public Improvement lists of Phase 3 and 4 Longview Subdivision Improvement Agreement. Initially the phase headings of the improvement list were transposed. Additionally we request that Phase 3 include lots 90 - 96. This only makes sense as the street "Jackson" is already improved as part of Phase 3 and the water and sewer had to extend out of the streets to complete the paving. The construction plan as-builts reelect the additional lot improvements. The phase map has been amended to reflect these lots inclusion into Phase 3. Thank you for your consideration of this public improvement list correction and construction phase line amendment. Sj�cerely, c Paul Anderson Site Development Manager Attachments: Revised Phase 3 & 4 Public Improvement List Revised Phase Map LongView; A McStain Community 11105 Weld County Road 315 • Longmont, CO 80504 (303) 682-9100 • Metro (303) 516-9000 JAN 22 '07 06:17 AM Hurst & Assoc.. Inc. Pose 2 Name of Subdivision: Longview -Phase 3 Location: Part of East 1/2 of Southwest 1/4 of Section 5, T2N, R68W Intended 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. ITEM NO. OF UNITS UNIT COST TOTAL COST WATER 2" Water Line 6" Water Line 8" Water Line 2" Fittings 8" Fittings 2" Valves 6" Valves 8" Valves Fire Hydrants 2" 'laps 3/4" Water Services 301 STREETS Mountable Curbwalk Mountable Curb Crosspan Handicap Ramps Asphalt Subgrade Prep. Curb Grading Concrete SEWER 6" Sewerline 8" Sewerline Sanitary Sewer Manholes 6" Cleanout Sewer Services STORM 12" H.D.P.E.P. Concrete Headwall Storm Drainage Manholes 1865 L.F. 26 L.F. 2325 L.F. 6 Ea. 6 Ea. 4 Ea. 2 La. 2 Ea. 2 lia. 2 55 ha. 680 L.F. 2880 I ..F. 147 S.F. 3 F.a. 4288 S.Y. 535'1 S.Y. 3560 1,.F. 1063 S.Y. 2765 L.F. 510 1..F. 1 La. 8 Ea. 55 F.a. 311 I..F. 1 Ea. I Ea. 01/22/97 08:19 $ 8.00 $ 14,920.00 13 338.00 14 32,550.(X) 50 300.00 180 1,080.00 200 800.00 365 730.00 480 960.00 10(X1 2,000.00 150 300.00 200 11,000.00 Subtotal $ 64,978.00 $ 13 $ 8,840.00 7.00 20,160.(X) 3.60 529.20 150 450.00 7.50 32,160.00 1.00 5,351.00 1-00 3,560.00 18 19,134.00 Subtotal $ 90,184.20 $ 12 15 1000 450 151) Subtotal $ 12 500 925 Subtotal $ 33,180.[X1 7,650.00 1,000.00 3,600.00 8,250.00 $ 53,680.00 $ 3,732.(x) 500.00 925.00 $ 5,157.00 TX/RX NO.6128 P.002 • JAN 22 '97 00:10 AM Hurst & Assoc., Inc. Poge 3 PHASE 3 (con't) ITEM NO. OF UNITS UNIT COST TOTAL COST MISCELLANEOUS Landscaping Plantings/Irrigation Cali, Phone, Electric I L.S. 55 Fa. $ 33,000 1,170 Subtotal $ SUBTOTAL $ Engineering and Supervision Costs (testing, inspection, as -built plans and work in addition to preliminary and final plat: supervision of actual construction by contractors). $ 33,000.00 64,350.00 97,350.00 311,349.20 $15,567.46 TOTAL ESTIMATE COST OF IMPROVEMENTS AND SUPERVISION PHASE 4 TOTAL $326,916.66 The above improvements shall be constructed in accordance with all County requirements and specifications, and. conformance with this provision shall he determined solely by Weld County, or its duly authorized agent. Prior to the issuance of building permits on any phase, a Letter of Credit equal to that portion of of improvements not completed as shown hereon shall be provided to Weld County. 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 with corporate seal.) Date: 19 01/22/97 08:19 TX/RX N0.6128 P.003 • SAN 22 '97 08:18 AM Hurst & Assoc., Inc. Pose 4 Name of Subdivision: Longview - Phase 4 Location: Part of East 1/2 of Southwest 1/4 of Section 5, T2N, R68W Intended 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. ITEM NO. OF UNITS UNIT COST TOTAL COST WATER 2" Water line 6" Water Line 8" Water line 2" Fittings 8" Fittings 12" Fittings 2" Valves 6" Valves 8" Valves Fire Hydrants 8" Waterline Plugs 2" Taps 3/4" Water Services STREETS Mountable Curbwalk Mountable Curb Crosspan Handicap Ramps Asphalt Subgrade Prep. Curb Grading Concrete SEWER 4" Sewerline 6" Sewerline 8" Sewerlinc Sanitary Sewer Manholes 6" Cleanout Sewer Services 575 L.F. 13 L.P. 298 L.F. 4 Ea. 2 Ea. 2 Ea. 2 Ea. 1 La. 1 Ea. 1 La. 3 Ea. 2 La. 12 La. 240 L.F. 620 L.P. 49 S.F. 2 Ea. 1046 S.Y. 1259 S.Y. 860 L.F. 213 S.Y. 81 L.F. 393 L.12. 286 L.N. 1 La. 2 La. 12 La. 01/22/97 08:19 $ 8.00 $ 4,600.00 13 169.00 14 4,172.00 50 200.00 180 360.00 350 700.0(1 200 400.00 365 365.00 480 480.00 1000 1,0(10.00 75 225.1k) 150 300.00 20() 2,400.00 Subtotal $ 15,371.00 $ 13 $ 3,120.00 7.00 4,340.00 3.60 176.40 150 300_1K) 7.50 7,845.00 1.00 1,259.00 3.00 860.00 18 3,834.00 Subtotal $ 21,734.40 $ 9.00 $ 729.00 12 4,716.00 15 4,290.00 1000 1,000.(X) 450 900.00 150 1,800.00 Subtotal $ 13,435.00 TX/RX N0.6128 P.004 U JAN 22 '97 BB:19 AM Hurst I Assoc.. Inc. Pose 5 PHASE 4 (can't) ITEM NO. OF UNITS UNIT COST TOTAL COST MISCELLANEOUS Landscaping 1 I„S. $ 33,500 $ 33,500.00 Plantings/irrigation Gas, Phone, Electric 12 Ea. 1,170 14,040.00 Subtotal $ 47,540.00 SUBTOTAL $ 98,080.40 Engineering and Supervision Costs $4,904.02 (testing, inspection, as -built plans and work in addition to preliminary and final plat: supervision of actual construction by contractors). TOTAL ESTIMATE COST OF IMPROVEMENTS AND SUPERVISION PHASE 3 TOTAL $102,984.42 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. Prior to the issuance of building permits on any phase, a Letter of Credit equal to that portion of of improvements not completed as shown hereon shall be provided to Weld County. Said improvements shall be completed according to the construction schedule set out in Exhibit "li". (In corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Uatc: 19 01/22/97 08:19 TX/RX N0.6128 P.005 • JAN 22 '97 BB:19 AM Hurst 6 Assoc., Inc. Page 9 pp,aA00 STATE PR HWAY TI9 01/22/97 08:19 CD V PHASE PLAN can IIJ TX/RX NO.6128 P.006 • COLORADO Mortgage Co. Manhattan Plaza Building 75 Manhattan Drive, Boulder, Colorado 80303 Phone 499-5400 IRREVOCABLE LETTER OF CREDIT November Weld County Board of County Commissioners 915 Tenth Street P. O. Box 1948 Greeley, Colorado 80632 RE: LONGVIEW COMMUNITY LLC COMPL IMPROVEMENTS FOR BLOCK 1 OF LON COUNTY DATED 11/15/95 Colorado Mortgage Co., 75 Ma Colorado, 80303 hereby authori LongView Community, LLC, Bo aggregate amount of U. S. THOUSAND AND NO/100 DOLLAR available except by certification of the Wel� LLC. failed to complete Block 1 of the LongVie accordance with thQ Impro ,Cec Community LLC, improvement costs "Exhibit A." our atta es you lder, 1995 ROVEMENT OF PUBLIC ELOPMENT, WELD ve, Suite 200, Boulder, draw on us for account of orado, 80303, up to an rs FIVE HUNDRED SEVENTY-FIVE ( 575,000.00), such amount not draf s,at sight, accompanied by ty E gineer, that LongView Community, lat'/ln of the public improvements for velopment, Weld County, Colorado, in nt,5 Agreement for LongView, dated htween Weld County and LongView corporation. A list of public ed hereto and incorporated herein We hereby fkrther ahat: (a) Drafts Irrevocable L our office at 80303, n or be as nd in compliance with the terms of this Credit will be duly honored if presented at anhattan Drive, Suite 200, Boulder, Colorado, e November 15, 1995. (b) Fable under this Irrevocable Letter of Credit may be wn i s h 4mounts and at such times as determined by the County ily'his/her sole discretion, provided that the amount ];'not exceed the aggregate amount specified herein. eva cont thi all have no right, duty, obligation, or responsibility to the performance or non-performance of the underlying t between LongView Community, LLC and the beneficiary of etter of credit. of November , 1995. Page 2 - Irrevocable Letter of Credit - LongView, Weld County (d) This Letter of Credit will be reduced upon Weld County's construction acceptance of the public improvements to fifteen percent (15%), where applicable, upon instruction from the County. (e) The Letter of Credit covering the final 15% shall remain in full force and effect until the final 15% is released by the County or until after the Board has received sixty (60) days prior notice to expiration of this Letter of Credit, whichever occurs first. We shall notify you in writing of the pending expiration date. Said notice shall be sent by certified mail to the Clerk of the Board of County Commissioners. (f) The amount of any draft drawn hereunder must be endorsed on the reverse side hereof. All drafts must be marked "Drawn under Irrevocable Letter of Credit No. / , LongView Community LLC." Dated this 15th day SQRIbP*VF SEAL ...• •.s •.a Nif 'h 'a COLORADO MORTGAGE CO. BY d.l_e�ca� WILLIAM J. SUIT President ITEM NO. OF UNITS WATER 2" Water Line 6" Water Line 8" Water Line 12" Water Line 2" Fittings 8" Fittings 12" Fittings 2" Valves 6" Valves 8" Valves 12" Valves Fire Hydrants 2" Taps Master Meter Vault 3/4" Water Services STREETS Mountable Curbwalk Mountable Curb Crosspan Handicap Ramps Asphalt Subgrade Prep. Curb Grading Concrete SEWER 12" Sewerline with Underdrain 6" Sewerline with Underdrain 8" Sewerline with Underdrain Sanitary Sewer Manholes 6" Cleanout Sewer Services 3105 L.F. 13 L.F. 896 L.F. 520 L.F. 8 Ea. 10 Ea. 5 Ea. 10 Ea. 1 Ea. 4 Ea. 2 Ea. 1 Ea. 2 Ea. 1 Ea: 45 Ea. 1090 L.F. 3205 L.F. 72 S.F. 3 Ea. 9451 S.Y. 10939 S.Y. 4295 L.F. 1488 S.Y. 678 L.F. 1087 L.F. 2023 L.F. 9 Ea. 10 Ea. 45 Ea. UNIT COST TOTAL COST $ 8.00 13 14 50 180 350 200 365 480 1000 1000 150 30,000 200 Subtotal $ 13 7.00 3.60 150 7.50 1.00 1.00 18 Subtotal $ 20 15 16 1000 450 150 Subtotal $ 24,840.00 169.00 12,544.00 11,440.00 400.00 1,800.00 1,750.00 2,000.00 365.00 1,920.00 2,000.00 1,000.00 300.00 30,000.00 9,000.00 $ 99,528.00 $ 14,170.00 22,435.00 259.20 450.00 70,882.50 10,939.00 4,295.00 26,784.00 $ 150,214.70 $ - 13,560.00 16,305.00 32,368.00 9,000.00 4,500.00 6,750.00 $ 82,483.00 BLOCK 1 (con't) ITEM NO. OF UNITS UNIT COST TOTAL COST STORM 5' Type 'R' Inlets 10' Type 'R' Inlets 36" Flared End Section 15" H.D.P.E.P. 18" H.D.P.E.P. 21" H.D.P.E.P. 24" H.D.P.E.P. 30" H.D.P.E.P. 36" H.D.P.E.P. Trickle Channel - 2' Concrete Headwall Storm Drainage Manholes MISCELLANEOUS Detention Pond Landscaping Plantings/Irrigation Gas, Phone, Electric 2 Ea. 2 Ea. 1 Ea. 37 L.F. 239 L.F. 126 L.F. 423 L.F. 24 L.F. 75 L.F. 181 L.F. 1 Ea. 5 Ea. 1 L.S. 1 L.S. 45 Ea. $ 1950 2600 150 15 18 21 24 30 36 4.00 500 925 Subtotal $ 5,000 111,500 1,170 Subtotal $ 3,900.00 5,200.00 150.00 555.00 4,302.00 2,646.00 10,152.00 720.00 2,700.00 724.00 500.00 4,625.00 $ 36,174.00 $ 5,000.00 111,500.00 52,650.00 $ 169,150.00 SUBTOTAL $ 537,549.70 Engineering and Supervision Costs $26,877.49 (testing, inspection, as -built plans and work in addition to preliminary and final plat: supervision of actual construction by contractors). TOTAL ESTIMATE COST OF IMPROVEMENTS AND SUPERVISION BLOCK 1 TOTAL $564,427.19 COLORADO mortgage co. /- Manhattan Plaza Building tJ j 75 Manhattan Drive, Boulder, Colorado 80303 Phone 499-5400 IRREVOCABLE LETTER OF CREDIT December Weld County Board of County Commissioners 915 Tenth Street P. O. Box 1948 Greeley, Colorado 80632 6, 1995 n\/ RE: LONGVIEW COMMUNITY LLC COMPLETE IMPROVEMENT OF ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT OF ONGVIEW DEVELOPMENT, WELD COUNTY DATED Colorado Mortgage Co., 75 Manhattan Dr 'I e, Suite 200, Boulder, Colorado, 80303 hereby authorizes you to •raw • us for account of LongView Community, LLC, Boulder, o or-••, 80303, up to an aggregate amount of U. S. Dollars EIt'SEVEN THOUSAND SEVEN HUNDRED FIFTY AND NO/100 DOLL RS 87, 50.00), such amount not available except by your of at /sight, accompanied by certification of the Weld Coun En er, that LongView Community, LLC. failed to complete instal t'on f the public improvements for the LongView development, We - u , Colorado, in accordance with the Improvements Agreement f ongView, known as Road Maintenance and Improvement Agreement da e Leceo her zo, 1995 , by and between Weld County and LongView Co unity LLC, a Colorado corporation. A list of public imvente t costs is attached hereto and incorporated herein a Exhibit 1." We hereby further agrthat: (a) Drafts nder and/ in compliance with the terms of this Irrevocable Le er Credit will be duly honored if presented at our office at 5 nhattan Drive, Suite 200, Boulder, Colorado, 80303, or be o e-tecember 6, 1996. (�) Fur1•d� avfilab'le under this Irrevocable Letter of Credit may be amounts and at such times as determined by the County n his/her sole discretion, provided that the amount 1 Rot exceed the aggregate amount specified herein. (c We shell have no right, duty, obligation, or responsibility to ev uate/ the performance or non-performance of the underlying con ract between LongView Community, LLC and the beneficiary of this otter of credit. Page 2 - Irrevocable Letter of Credit - LongView, Weld County (d) This Letter of Credit will be reduced upon Weld County's construction acceptance of the public improvements to fifteen percent (15%), where applicable, upon instruction from the County. (e) The Letter of Credit covering the final 15% shall remain in full force and effect until the final 15% is released by the County or until after the Board has received sixty (60) days prior notice to expiration of this Letter of Credit, whichever occurs first. We shall notify you in writing of the pending expiration date. Said notice shall be sent by certified mail to the Clerk of the Board of County Commissioners. (f) The amount of any draft drawn hereunder must be endorsed on the reverse side hereof. All drafts must be marked "Drawn under Irrevocable Letter of Credit No. 2 , LongView Community LLC." Dated this 6th day of December , 1995. CORPORATE SEAL COLORADO MORTGAGE CO. BY WILLIAM J. SUITTS, President / LL `L i LongView PUD Weld County, Colorado ESTIMATE OF PROBABLE COST ITEM QUANTITY UNITS UNIT PRICE EXTENTION ** STATE HIGHWAY 119 IMPROVEMENTS - ACCEL/DECEL LANES Deceleration & Acceleration Lanes Full Depth Asphalt 1100 tons $ 25.00 $ 27,500.00 Grading 2000 s.y. $ 1.00 $ 2,000.00 Striping 1 l.s. $ 10,000.00 $ 10,000.00 Traffic Control 1 l.s. $ 13,000.00 $ 13,000.00 Subtotal $52,500.00 ** WELD COUNTY ROAD 3 1/2 - FROM NORTH BOUNDARY OF PUD TO STATE HIGHWAY 119 - TWO 12' LANES PLUS 400' X 12' LEFT TURN LANE AT STATE HIGHWAY 119 INTERSECTION: Clear and Grub 1 l.s. $ 1,000.00 $ 1,000.00 Shoulder Subgrade 600 c.y. $ 5.00 $ 3,000.00 & Prep Asphalt Surfacing 1000 tons $ 25.00 $ 25,000.00 Auxiliary Lane 250 tons $ 25.00 $ 6.250.00 Subtotal $35,250.00 Exhibit No. 1 To Road Maintenance and Improvement Agreement revoc ur of 80 COLORADO mort,a,e Manhattan Plaza Building 75 Manhattan Drive, Boulder, Colorado 80303 Phone 499-5400 Weld County Board 915 Tenth Street P. O. Box 1948 Greeley, Colorado co. IRREVOCABLE LETTER of County 80632 RE: LONGVIEW COMMUNITY PHASE 2, WATER, S OF LONGVIEW DEV Colorado Mortgage Colorado, 80303 LongView Commu aggregate amo HUNDRED TWO available certificatio LLC. failed the Long the Impr and I pr Weld ounty and L list of public incor o ted �cerei ereby furt Comma OF CREDIT alLIC A7 9, 1996 rs LC CO LETE IMP�ROV ENT OF LONGVIEW ETS, SEWER, S RM EWERS AND MAINTENANCE WELDOUNTY ATED 12/20/95 75 Manhatt authori es y LLC, Bo�lder, U. S. DOi1F1rs fPW �. �/1 0 ] xce •y yo he W 1 t t co plet n) velopme4 nts A ee ent Aeme OLLF r rW ia ty t 11- atW d fo t gVieC inpro Drive, Suite 200, Boulder, o draw on us for account of olorado, 80303, up to an HUNDRED EIGHTY THOUSAND SEVEN 280,702.00), such amount not s at sight, accompanied by ngineer, that LongView Community, ion of the public improvements for ounty, Colorado, in accordance with LongView, known as Road Maintenance ed December 20, 1995, by and between unity LLC, a Colorado corporation. A ent costs is attached hereto and xhibit 1." that: Drafts under and in compliance with the terms of this le Letter of Credit will be duly honored if presented at ice at 75/Manhattan Drive, Suite 200, Boulder, Colorado, before April 10, 1997. available under this Irrevocable Letter of Credit such amounts and at such times as determined by the n in his/her sole discretion, provided that the ramshall not exceed the aggregate amount specified herein. (c) W8 hall have no right, duty, obligation, or responsibility to evalua e the performance or non-performance of the underlying contr ct between LongView Community, LLC and the beneficiary of this letter of credit. may be County amount Page 2 - Irrevocable Letter of Credit - LongView, Weld County (d) This Letter of Credit will be reduced upon Weld County's construction acceptance of the public improvements to fifteen percent (15%), where applicable, upon instruction from the County. (e) The Letter of Credit covering the final 15% shall remain in full force and effect until the final 15% is released by the County or until after the Board has received sixty (60) days prior notice to expiration of this Letter of Credit, whichever occurs first. We shall notify you in writing of the pending expiration date. Said notice shall be sent by certified mail to the Clerk of the Board of County Commissioners. (f) The amount of any draft drawn hereunder must be endorsed on the reverse side hereof. All drafts must be marked "Drawn under Irrevocable Letter of Credit No. 3 , LongView Community LLC." Dated this 9th day of April , 1996. CORPORATE SEAL COLORADO MORTGAGE CO. BY ----OL Lx_,L ; ��� WILLIAM J. SUITTS, I President (y1 January 21, 1997 Longview Community, LLC 75 Manhattan Drive Suite 1 Boulder, CO 80303 Todd Hodges Weld County Planning Department 1400 North 17th Avenue Greeley, Co 80631 Re: Longmont - Improvement Agreement Amendment Dear Mr. Hodges, Please accept the corrected copies of the Public Improvement lists of Phase 3 and 4 Longview Subdivision Improvement Agreement. Initially the phase headings of the improvement list were transposed. Additionally we request that Phase 3 include lots 90 - 96. This only makes sense as the street "Jackson" is already improved as part of Phase 3 and the water and sewer had to extend out of the streets to complete the paving. The construction plan as-builts reelect the additional lot improvements. The phase map has been amended to reflect these lots inclusion into Phase 3. Thank you for your consideration of this public improvement list correction and construction phase line amendment. S}{ cerely, Paul Anderson • Site Development Manager Attachments: Revised Phase 3 & 4 Public Improvement List Revised Phase Map Long View: A McStain Community 11105 Weld County Road 31 • Longmont, CO 80504 (303) 682-9100 • Metro (303) 516-9000 Ake4; COLORADO MEMORANDUM TO: Board of County Coissioners January 20, 1997 From: Todd Hodges SUBJECT: Release of Collateral for phases 1 and 2, on-site/off-site improvements agreements and letter of credit for phase 3, submitted by McStain Enterprises Inc. for the Longview Subdivision (case S-378) Department of Planning Services, Public Works, and the Attorneys office have reviewed the submitted items concerning the Release of Collateral, Letters of Credit, and the On -site and Off -site improvements agreement for phase 3 within the Longview Subdivision. McStain is requesting the return of letters of credit for Longview Development Phase I in the amount of $575,000, in Longview Phase II for the amount of $280,762, and the offsite improvements and maintenance agreement of 87,750 in exchange for a combined Letter of Credit in an amount of $6,260 as requested by the Left Hand Water District and St. Vrain Sanitation District. The Department of Planning Services' staff recommends approval of this request. McStain is also requesting the acceptance of the improvements agreement and Letter of Credit for Longview Phase III. The improvements agreement includes a Letter of Credit for the amount of $92,088.00, based upon a 15% guarantee of all completed improvements, 100% guarantee for the landscaping, and 100% guarantee for the Weld County 3.5 road improvements for Phase III. The Department of Planning Services' staff recommends approval of this request. Hello