HomeMy WebLinkAbout991117.tiff RESOLUTION
RE: APPROVE ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT (OFF-SITE);
IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PRIVATELY MAINTAINED ROADS) AND
ACCEPT COLLATERAL FOR BIG SKY ESTATES - DALE AND LORETTA BURMAN
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, on May 6, 1999, the Department of Planning Services staff did approve a
Planned Unit Development Final Plan, S #489, for Big Sky Estates, `/o Dale and Loretta
Burman, 25815 Weld County Road 48, Kersey, Colorado 80644, on the following described real
estate, to-wit:
Part of the E'% of the SEA of Section 5,
Township 4 North, Range 64 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented
with a Road Maintenance and Improvements Agreement (Off-Site), and 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 Big Sky Estates, % Dale and Loretta Burman, with terms
and conditions being as stated in said agreements, and
WHEREAS, the Board has been presented with Irrevocable Letter of Credit
#1000115000, in the amount of $18,600, from New Frontier Bank, 2425 35th Avenue, Greeley,
Colorado 80634, and
WHEREAS, after review, the Board deems it advisable to approve said agreements and
accept said Irrevocable Letter of Credit as stated above, copies of which are attached hereto
and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Road Maintenance and Improvements Agreement (Off-Site)
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Big Sky Estates, % Dale and Loretta Burman, be, and
hereby is, approved.
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991117
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IMPROVEMENTS AGREEMENT - BIG SKI ESTATES, % DALE AND LORETTA BURMAN
PAGE 2
BE IT FURTHER RESOLVED by the Board 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 Big Sky Estates, % Dale and Loretta Burman, be, and
hereby is, approved.
BE IT FURTHER RESOLVED that Irrevocable Letter of Credit #1000115000 in the
amount of $18,600, from New Frontier Bank, 2425 35th Avenue, Greeley, Colorado 80634, be
and hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of May, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
D COUNTY CO RAD
LW
41,
ATTEST: _
(x Dajp K. Hall, Chair.
Weld County Clerk to t �J;�� �I
arbara J. Kirkmeyer ro-Tem
BY: 6-,el/z, , z . r
Deputy Clerk to the Bo « <i • ,r .-
Geor E. er
APP S TO FORM:
eile
Glenn Vaad
991117
PL1273
ORt4irJ(
COUNTY OF WELD, STATE OF COLORADO
ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this 36 day of fn(a a ., 1999, by and
between the COUNTY of WELD, STATE OF COLORADO, hereinafter called "County" and Dale and
Loretta Burman (Big Sky Estates PUI)), hereinafter called "Burman," and
WHEREAS, Burman has been granted a Weld County Planned Unit Development for five
residential lots and one residential/agricultural lot on 80 acres, portions of the E2 SE4 and that part of the
SE4 NE4 lying south of and above the Gilmore Canal right-of-way which extends 25 feet south of the
center line of said canal, all in Section 5, Township 4 North of Range 64 West of the 6th PM.
WHEREAS, the PUD generates an increase in vehicle traffic, and
WHEREAS, the existing County roads that serve the PUD will require increased maintenance and
improvement due to the increase in vehicle traffic, and
WHEREAS, the County and Burman have reviewed maintenance and improvements proposals
put forth by Burman, and both parties agree that such maintenance and improvements will enhance the
accessibility and safety of the roads that serve said PUD.
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set
forth, the county and Burman agree as follows:
Term: The term of this agreement shall be from the date first written above to :inch
until WCR 48 is paved.
2. Location: The county road which serves said PUD is WCR 48 between he tses,ern
most property line and W(1k 53, a distance of 1,326 feet.
3. Improvement and Maintenance to WCR 48:
A. The County shall he responsible for general maintenance, including gra,lMc
and snow removal.
B. The County shall prep and grade WCR 48 prior to the applicant applying crust
suppression chemicals
C. Burman will apply dust suppression chemicals on WCR 48, a', needed, as
determined by I)apartment of Public Works, not to exceed a maximum of twice
a year.
4. No Third Party Beneficiary Lnforcement: It is expressly understood and agreed that
enforcement of the tei ins and conditions of this Agreement, and all rights of act inn
relating to such ens ii cement, shall be strictly reserved to the undersigned parties, and
nothing contained in tbu Agreement shall give or allow any claim or rl.ght of actions
whatsoever by any other person not included in this Agreement. It is the express
intention of the undersigned parties that -any entity other than the undersigned parties
receiving services or benefits under this Agreement shall be deemed an incidental
beneficiary only.
1 IIIIII 11111111111111111111111111111111 III HI It III
2697847 06/02/1999 04:14P Weld County CO 991117
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Road Maintenance and Improvements Agreement
page 2
5. Indemnification: To the extent authorized by law, Burman agrees to indemnify, save,
defend, and hold harmless County from any and all liability incurred as a result of acts,
omissions, or failures to act by Burman in his performance of the duties set forth in
this Agreement on those portions of WCR 48 described in this Agreement. The term
liability includes, but is not limited to, any and all claims, damages, and court awards,
including costs, expenses, and attorneys' fees, incurred as a result of any act or
omission by Burman and its employees.
6. Modifications and Breach: Phis Agreement contains the entire agreement and
understanding between the parties to this Agreement and supersedes any other agreements
concerning the subject matter of this transaction, whether oral or written. No
modifications, amendment, novation, renewal, or other alteration of or to this Agreement
shall be deemed valid or any force or effect whatsoever, unless mutually agreed upon in
writing by the undersigned parties. No breach of any term, provision, or clause of his
Agreement shall be deemed, waived. or excused, unless such waiver or consent shall be in
writing or signed by the party claimed to have waived or consented. Any consent by any
party hereto, or waiver of, a breach by any other party,whether expressed or implied, shall
not constitute a consent to, waiver of, or excuse for any different or subsequent breach_
7. Non-Assignment: This Agreement shall not he assignable without prior tsritten consent
of County or Burman. whichever is the non-assigning party.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement the day and veal
first above wri n.
I
ATTEST: !/ BOARD OF COUNTY COMMISSIONERS
, WELD COUNTY, COLORADO
Weld County Clerk to the B d fI al/4f
(� a _q BY..
BY: =4c. L . 1S , .` Dale IC Hall, Chair (65/14/0
Deputy County Clerk
DALE AN •LORETTA BURMAN r/� ,}�,
BY: �/�/`�;�,/ _t�r�rn2.__ C2 ts' MNV'I
TITLE: Owners
m_Awpfi les\agreemcndroad.pig
11111 I %!I1!!I! 11����2697847
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46tari MEMORANDUM'' .-nrc] .
VIiDc TO: Clerk To Board ,
COLORADO FROM: Eric Jerman, Planner C ;
(U Pi - -
SUBJECT: S-489 Dale & Loretta Burman, Big Sky Estates
May 11, 1999
The Department of Planning Staff requests that the CTB arrange for the Board of County
Commissioners to review the enclosed Improvements Agreements and the Letter of Collateral
for Big Sky Estates.
The Department of Planning Services, the Weld County Department of Public Works and the
Weld County Attorney's Office has approved the Improvements Agreements.
SERVICE,TEAMWORK.INTEGRITY,QUALITY
LIZ-13
, , 4„„„ • r r
MEMORANDUM; , ;
ICr_EP,;(
Q T:1 Tl
TO: Clerk to the Board DATE: May 13 1999
COLORADO FROM: Frank B. Hempen, Jr.
Director of Public Work/County Engineer
SUBJECT: Agenda Item
Please submit the following item for the Board's May 19, 1999, agenda.
Acceptance of Road Maintenance and Improvements Agreement with Dale and Loretta
Burman (Big Sky Estates PUD) on WCR 48 between the western most property line and
WCR 53, a distance of 1,326 feet.
The appropriate documentation is attached. Please send a copy of the signed and recorded Agreement to my
attention.
Enclosures
pc: Donald Carroll, Engineering Administrator
Dave Becker, Operations
re
(bN
. fit \(\ 4igns MEMORANDUM
'Wi TO: Frank B. Hempen, Jr. DATE: December 30, 1998
Director of Public Works/County Engineer
FROM: Donald Carroll, Engineering Administrator
•
COLORADO SUBJECT: Road Maintenance Improvements Agreement
S-444, Dust Suppressant
As a requirement for approval, the applicant shall enter into a Road Maintenance and
Improvements Agreement to supply dust suppressant chemicals on WCR 48, as directed by
Department of Public Works, not to exceed a maximum of twice a year.
Please find attached a Road Maintenance and Improvements Agreement. This agreement has
been reviewed by County legal staff and will be forwarded to Dale and Loretta Burman for
signature. Once the original signatures have been obtained, a hearing for acceptance with the
Board of Weld County Commissioners will be scheduled.
cc: Eric Jerman, Current Planner
Dave Becker, Operations Director
Scott Schreiber, Motorgrader Supervisor
S-444
Axe A))
L -
NEW FRONTIER BANK
Our Irrevocable Standby Letter of Date of Issue: May 7`", 1999
Credit Number 1000115000 Page 1
•
Beneficiary: Applicant:
Clerk to the Board of County of Weld Dale N. Burman
Commissioners, 915 10th St. - PO Box C Loretta M. Burman
Greeley, CO 80632 25815 WCR 48
ATTN: Ms. Carol Harding Kersey, CO 80644
Amount Available: $18,600.00
Eighteen Thousand six hundred
Expiry Date: May 7th, 2000
Dear Dale N. and Loretta M. Burman:
We hereby open our Irrevocable Letter of Credit in your favor for the account of eighteen thousand
six hundred for a sum not to exceed the aggregate of beneficiary's draft or drafts.
Each draft so drawn must be marked "Drawn under New Frontier Bank Letter of Credit No.
1000115000 and be accompanied by a signed statement from the Board of County Commissioners
of Weld County, Colorado stating Dale N. and Loretta M. Burman has committed a material breach
of the improvements agreement according to policy regarding collateral for improvements at 25815
WCR 48, Kersey, CO 80644 such agreement dated the 7th day of May 1999 by and between the
Board of County Commissioners of the County of Weld".
This credit is subject, so far as applicable, to the uniform customs and practices for documentary
credits 1993 revision, International Chamber of Commerce Publication No. 500.
We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit
will be duly honored and presented for payment to us at 2425 35th Avenue, Greeley, CO 80634.
This Letter of Credit will expire on May 7th, 2000.
This Letter of Credit will be deemed automatically extended for an additional one year period from
the current expiration and future expiration date unless at least 60 prior days to such expiration date,
we, New Frontier Bank notify you (beneficiary) in writing that the Letter of Credit will not be
renewed. In the case you receive such notification. You may draw by presentation of the
following: (A) a draft on New Frontier Bank; (B) a statement, purportedly signed by an official of
the Board of County Commissioners of Weld County, Colorado stating that we have received notice
2425 35th Avenue • Greeley, Colorado 80634 • 970-339-5100 • Fax 970-339,6200
Our Irrevocable Standby Letter of Date of Issue: May 7, 1999
Credit No. 1000115000 Page 2
from New Frontier Bank that Letter of Credit No. 1000115000 will not be renewed and that Dale N.
and Loretta M. Burman has failed to provide proof of adequate collateral and substitution of this
Letter of Credit No. 1000115000 and (C) copy of letter from New Frontier Bank non-renewal of
Letter of Credit No. 100 15000 and accompanied by the original Letter of Credit.
N tier Bite' k I
oriz d gnature
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this IS day of fn net 44 ,by and between
the County of Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter called
"County",and r +, 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:
The El/2SE1/4 and that part of the SE1/4NE1/4 lying South of and above
the Gilmore Canal right-of-way which extends 25 feet South of the center
line of said Canal, all in Section 5, Township 4 North of Range 64 West
of the 6th P.M. , County of Weld, State of Colorado.
EXCEPTING THEREFROM a parcel of land conveyed to the Farmers Reservoir
and Irrigation Company by Quit Claim Deed recorded January 26, 1916 in
Book 429 at Page 262 .
TOGETHER WITH Seven and Five Hundreths ( 7.05) Barr shares of the capital stock
of the Farmers Reservoir and Irrigation Co.
WHEREAS, a final subdivision/PUD plat of said property, to be known as
bC4 ci K y E. : t�\. .� has been submitted to the County for
approval; and
WHEREAS,_1 S. t 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.
1 Revised 12/95
C jll17
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.
2 Revised 12/95
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any
and alI liability loss and damage county may suffer as a result of all suits,actions or claims
of every nature and description caused by, arising from, or on account of said design and
construction of improvements,and pay any and all judgments rendered against the County
on account of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by County in defending such suit, action or claim whether the
liability,loss or damage is caused by,or arises out of the negligence of county or its officers,
agents, employees, or otherwise except for the liability, loss, or damage arising from the
intentional torts or the gross negligence of the county or its employees while acting within
the scope of their employment. All contractors and other employees engaged in construction
of the improvements shall maintain adequate workman's compensation insurance and public
liability insurance coverage, and shall operate in strict accordance with the laws and
regulations of the State of Colorado governing occupational safety and health.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the
Applicant, streets within a subdivision may be approved by the County as public roads and
will be maintained and repaired by a homeowners association or,in its absence,the owners
of lots within the subdivision.
6.1 If desired by the County, portions of street improvements may be placed in service when
completed according to the schedule shown on Exhibit"B",but such use and operation shall
not constitute an approval of said portions.
6.2 County may, at its option, issue building permits for construction on lots for which street
a 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
approval,the applicant shall indicated which of the five types of collateral prefered
3 Revised 12/95
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" andl "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.
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
fol lowing:
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.
4 Revised 12/95
8.1.4 The issuer of the Letter of Credit shall guarantee that at all times the
unreleased portion of the Letter of Credit shall be equal to a minimum of
100%of the estimated costs of completing the uncompleted portions of the
required improvements, based on inspections of the development by the
issuer. In no case shall disbursement for a general improvement item
exceed the cost estimate in the Improvements Agreement (i.e., streets,
sewers, water mains and landscaping, etc.). The issuer of the Letter of
Credit will sign the Improvements Agreement acknowledging the
agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that 15% of the total Letter of Credit
amount cannot be drawn upon and will remain available to Weld County
until released by Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
Letter of Credit shall be either the date of release by Weld county of the
final 15%, or one year from the date of Final Plat approval, whichever
occurs first. Said letter shall stipulate that, in any event, the Letter of
Credit shall remain in full force and effect until after the Board has
received sixty (60) days written notice from the issuer of the Letter of
Credit of the pending expiration. Said notice shall be sent by certified mail
to the Clerk to the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property acceptable to
the Board of County Commissioners provided that the following are submitted:
8.2.1 In the event property within the proposed development is used as collateral, an
appraisal is required of the property in the proposed development by a disinterested
M.A.I. member of the American Institute of Real Estate Appraisers indicating that
the value of the property encumbered in its current degree of development is
sufficient to cover 100% of the cost of the improvements as set forth in the
Improvements Agreement plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been accepted as
collateral by Weld County,then an appraisal is required of the property by a M.A.I.
member of the Institute of Real Estate Appraisers indicating that the value of the
property encumbered in its current state of development is sufficient to cover 100%
of the cost of the improvements as set forth in the Improvements Agreement plus
all costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance
which is senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property
8.3 Escrow Agreement that provides at least the following:
5 Revised 12/95
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.
6 Revised 12/95
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.
7 Revised 12/95
BOARD OF COUNTY COMMISSIONERS
W OUNTY, COL RADO
O
ATTEST: 4ZL
f -.r
Weld County Clerk to the Bo4d i ptiT lyyyyy.1,_ !4,7 - _r
�'� \ lT y ,4\ F/
Deputy Clerk to the Board —
APPROVED AS TO FORM: /r*-)County Attorney y
APPLICANT sic I-LL{(, /); i i --n,
BY: ci.. ,%
(title)
Subscribed and sworn to before me this re day of 1Y\Pr I Z C_{(, 19 t1 t1 .
My Commission expires:� 7 ‘,„:\,c � 'ta
- � i r Ri 1 - --'L.
f' 7 - C - ct x / Notary Pub lc
M:FORM\\APRIVATE.DB
8 Revised 12/95
EXHIBIT"A"
Name of Subdivision: C S Li Z- <A77:1--1-1.5
Filing:
Location: a6g)� K<`Y3j, es) 00(q`}t1
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 '( l0 _, 19 99 ,
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 15 ,C,o Ca_
Street base —_
Street paving --
Curbs, gutters, & culverts —_
Sidewalk —_
Storm sewer facilities —_
Retention ponds --
Ditch improvements
Subsurface drainage --
Sanitary sewers --
Sanitary sewers --
Trunk& forced lines —.
Mains —_
Laterals(house connected) --
On-site sewage facilities --
On-site water supply& storage —_
Water mains-Include:3 Bore —.
Fire hydrants --
Survey& street monuments &boxes --
Street lighting —.
Street name signs 1 ,!LC c, --
Fencing requirements _.
Landscaping TRS 1 GO O --
Park improvements _ --
Road Culvert — --
Grass Lined Swale --
Telephone --
Gas --
Electric --
Water Transfer —_
SUB-TOTAL ll,rx r- --
9 Revised 12/95
Engineering and Supervision Costs 1L>oC''
(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 $ I ,L C C
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit "B".
(In corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
Date:, j / I? , 191/2
10 Revised 12/95
EXHIBIT"B"
Name of Subdivision: Q'G Sk u4 i.S_l frr
Filing:
Location: a s8 1 5 «?C Y + `3 OCni f ti
Intending to be legally bound,the undersigned Applicant hereby agrees to construct the
improvementsshown on the final subdivision plat of 5, G- Sky tsf}rt$ Subdivision,
dated M4'c IC , 19 `I9 , Recorded on , 19___, in Book
, Page No. ,Reception No. ,the following schedule.
All improvements shall be completed within years from the date of approval of the
final plat.
Construction of the improvements listed in Exhibit "A" shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading .3 /Roc,a
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)
On-site sewage facilities
On-site water supply and storage
Water mains --
Fire hydrants --
Survey& street monuments & boxes
Street lighting —_
Street name signs 31ar r1 rt_
Fencing requirements
Landscaping
Park improvements —_
Telephone —_
Gas —_
Electric —_
Water Transfer —_
Sub-Total —_
I I 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 cannot be met.
.ti
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
Date: it :c , • 1 V `S , 19 )` �.
m:form\apriveh.db
12 Revised 12/95
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