HomeMy WebLinkAbout970317.tiffRESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS AND ACCEPT COLLATERAL - PLATTE VALLEY
AIRPARK, C/O MARILYN TAYLOR
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 February 12, 1997, the Board approved the application
of Platte Valley Airpark, Ltd., do Marilyn Taylor, 7505 Weld County Road 39, Fort Lupton, Colorado
80621, for a Site Specific Development Plan and Planned Unit Development (PUD) Final Plan,
S #409, for a parcel of land located on the following described real estate, to -wit:
A parcel located in Sections 30 and 31, Township 2 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, the Board has been presented with an Improvements Agreement According
to Policy Regarding Collateral for Improvement between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, and Platte Valley Airpark,
Ltd., and
WHEREAS, Sections 4 and 5 of said agreement establish requirements for an escrow fund
to be established with Security Title Guaranty of Brighton, with 100 percent of all contracts for
purchase of hanger lots placed in said escrow fund until the estimated construction price of $91,230
has been accumulated, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said escrow account as collateral.
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
Improvement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Platte Valley Airpark, Ltd., Go Marilyn Taylor, be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that an escrow account to be established with
Security Title Guaranty of Brighton, as above described, be, and hereby is, accepted as collateral
for the above mentioned agreement.
970317
Ait Pa% PVAP
PL0884
RE: COLLATERAL AND IMPROVEMENTS AGREEMENT - PLATTE VALLEY AIRPARK PUD
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 19th day of February A.D., 1997.
eputy Clerk to the Board
APP AS TO
ounty Attorne
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
l
E.
Baxter,
, Chair
apstance L. Harbeyt, P"ro-Tem
Dale K. Hall
O
l
Barbara J. Kirkmeye'
W. Webs er
970317
PL0884
c92i3
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
rh-
THIS AGREEMENT, made and entered into this /9 day of 7e1rctaCc/ , by and between
the County of Weld, State of Colorado, acting through its Board of County Commissioner's, hereinafter called
"County", and Platte Valley Airpark Ltd, 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:
Airpark PUD in § § 30 and 31 of, T2N, R65W of the 6th P.M., Weld
County, Colorado.
(Namely lots39 hanger lots in area "B")
WHEREAS, a final PUD plat of said property has been submitted and approved by the Board of
County Commissioners on February 12, 1997; and
WHEREAS, Section 13 of the Weld County (Subdivision) Ordinance provides that no final plat shall
be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement
guaranteeing the construction of the public improvements shown on plans, plats and supporting documents
of the subdivision, which improvements, along with a time schedule for completion, are listed in Exhibits
"A" and "B" of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval
of said final plat, the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services
in connection with the design and construction of the hanger and taxiway 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.
1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision
to the County for approval prior to the letting of any construction contract. Before
approval of the improvements within the PUD by the County, Applicant shall
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furnish one set of reproducible "as -built" drawings and a final statement of
construction cost to the County.
2.0 Construction; Applicant shall furnish and install, at its own expense, the 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.
2.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County.
2.2 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.
2.3 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.
2.4 The Applicant shall furnish proof that proper arrangements have been made for the
installation of electric services.
/
2.5 Said improvements shall be completed, according to the terms of this Agreement,
within the construction schedule appearing in Exhibit "B", provided, however that ill/ y3O
commencement of construction need not occur until the amount of $90,430.08 >I as
been accumulated in escrow consisting of 100% of the contract sale price of
hanger lots. 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.
3.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any
and all liability loss and damage county may suffer as a result of all suits, actions or claims
of every nature and description caused by, arising from, or on account of said design and
construction of improvements, and pay any and all judgments rendered against the County
on account of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by County in defending such suit, action or claim whether the
liability, loss or damage is caused by, or arises out of the negligence of county or its
officers, agents, employees, or otherwise except for the liability, loss, or damage arising
from the intentional torts or the gross negligence of the county or its employees while acting
within the scope of their employment. All contractors and other employees engaged in
construction of the improvements shall maintain adequate workman's compensation
insurance and public liability insurance coverage, and shall operate in strict accordance with
the laws and regulations of the State of Colorado governing occupational safety and health.
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4.0 General Requirements for Collateral:
4.1 The value of all collateral submitted to Weld County must be equivalent to 100%
of the value of the improvements as shown in this Agreement. (Exhibit A)
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.
4.2 The applicant intends to develop in accordance with Exhibits "A" and "B".
4.3 100 % all contracts for purchase of hanger lots shall be placed in escrow with
Security Title Guaranty of Brighton until the estimated construction price of
$90,430.00 has been accumulated.
4.4 Al I invoices will be submitted for written approval by the Weld County Director
of Planning Services and the Applicant before funds may be released from escrow
to pay the contractors
5.0 Escrow Agreement that provides at least the following:
5.0.1 The cash in escrow when fully funded is at least equal to 100% of the amount
specified in the Improvements Agreement.
5.0.2 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.
5.0.3 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.
6.0 Request for Final Approval: Prior to final approval of the 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:
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6.1 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.
6.2 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.
6.3 "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.
6.4 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.
6.5 The requirements in 6.0 thru 6.4 shall be noted on the final construction plans.
7.0 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.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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970311'
Deputy Clerk to the Board
APPROVED AS TO FORM:
Cou
IRIIIBED *ND SWORN to before me this
Nil Jimhand and official seal.
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fma
My commission expires:
M:ALLELY.DB
APPLICANT 127647 C- U fie y ,4,rc, a k
?. �P,1/44 S,cee,t
title)
1997
BY:
day of
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970317
EXHIBIT "A"
Name of Subdivision:
Filing:
Location:
GZ pact c_c_" /o ca st c1 c 1 sec
/fr . , aa,.e 6 S' cOtct or 7-44.6
Intending to be legally bound, the undersigned Applicant hereby agrees to
subdivision and as shown on the subdivision final plat County dated
recorded on , 19 , in Book , Page No
, the following improvements.
(Leave spaces blank where they do not apply)
Improvements
30 L 5/, r a.,.,0 wPez,
aPA, / /ce Ce - fy
Ceed,
provide throughout this
,19
, Reception No.
Estimated
Unit Cost Construction Cost
Street grading
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 -Includes Bore
Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Road Culvert
Grass Lined Swale
Telephone
Gas
Electric d t/ tioC / c..c-2 -
Water Transfer
6$) oaa s7 . yf
'14/O Sr- ore
6Z 7/e/50
La eta Ater]C'au, CtGY GAasee a 3,era
SUB -TOTAL
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Engineering and Supervision Costs
(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 $ l l 2 a d
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".
S P7a f'& 7 ; Ak,ocUu, #4, roe
Date: AA? , 19 9 7.
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EXHIBIT "B"
Name of Subdivision:
Filing:
Location:
1'la (/.4.zo olI:C�ocu 1c
a rO«n CAI -eaCa7C oC JA S.¢ c onto 5a 9/ 'w,t t ti> a-
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Intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvements cola
shown on the final subdivision plat of Subdivision, dated
, 19 , Recorded on , 19 , in Book
Page No. , Reception No. , the following schedule.
All improvements shall be completed within 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
Sitegrading
Street base
Street paving as tru_ C'e f 5 ell— solo(
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
Fencing requirements
Landscaping
Park improvements
Telephone
Gas
Electric a5 �01.� 76745 a.&t 5moo/
Water Transfer
Sub -Total
,Cat..ac Pip •
Q,o f4.c. Lots €„sz S c lof
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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.
ma -4./5A- %,la,._-, "Ass PiaTG.. hl� Czy. k, tic(
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
Date: /e G/9 ,1997
AGREEULLELY.DB
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,tom MEMORANDUM
WIiDcTO: Board of County Commissioners February 18, 1997
COLORADO From: Todd A. Hodges, Current Planner II
SUBJECT: S-409, Improvements agreement for Platte Valley Airpark
The Department of Planning Services, Public Works, and Attorneys office have reviewed the
proposed improvements agreement. The supporting information for the improvements agreement
was submitted and reviewed as part of the S-409 PUD Final Plan application.
The Department of Planning Service's staff recommends acceptance of the improvements
agreement.
Attached is a copy of the proposed improvements agreement.
970317
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