HomeMy WebLinkAbout992838.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT FOR PRIVATE PARKING AND
LANDSCAPING, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR
SITE PLAN REVIEW#303 - CRALL AND BOWES, 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, on November 2, 1999, Department of Planning Services staff did approve a
Site Review Plan, SPR #303, for Crall and Bowes, Inc., dba Earth Working Construction
Company on the following described real estate, to-wit:
Lot 1, Block 1, Vista Commercial Center, Filing 1;
located in the S1/2 of Section 8, Township 2 North,
Range 68 West of the 6th P.M., Weld County,
Colorado
WHEREAS, pursuant to certain conditions of said Approval, the Board has been
presented with an Improvements Agreement for Private Parking and Landscaping between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and Crall and Bowes, Inc, dba Earth Working Construction Company, with terms
and conditions being as stated in said agreement, and
WHEREAS, pursuant to said agreement, the Board has been presented with Cashier's
Check#155581, drawn on the First Bank, P.O. Box 629, Longmont, Colorado 80502, in the
amount of $80,000.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, and
accept said collateral 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 Improvements Agreement for Private Parking and
Landscaping between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Crall and Bowes, Inc, dba Earth Working
Construction Company, be, and hereby is, approved.
BE IT FURTHER RESOLVED that Cashier's Check#155581, drawn on the First Bank,
P.O. Box 629, Longmont, Colorado 80502, in the amount of $80,000.00, be, and hereby is,
accepted.
PC,', Pi-, CA, eckel 992838
T PL1369
IMPROVEMENTS AGREEMENT - CRALL AND BOWES DBA EARTH WORKING
CONSTRUCTION COMPANY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 29th day of November, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
Le
ELDCOU�NTTY CrLOR• DO
ATTEST: �� �,,// / �I �� C (S// /1
` I //n A,�Da K. Hall, Chair /
Weld County Clerk to the rear. ,'
0Qv
-r' rb. a J. Kirkmeyer, ' o-Tem '
E3Y:
Deputy Clerk to the B �:® �---%
((JJ � Geor a E.E. a=xter
APPROVED AS TO FO 2 .
fir' M. J, ei e
city Attor y '
Glenn Vaad
992838
PL1369
IMPROVEMENTS AGREEMENT
%x :13 (PRIVATE PARKING AND LANDSCAPING IMPROVEMENTS)
THIS AGREEMENT, made and entered into this 29th day of November , 1999, by
and between the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter call `County', and Crall & Bowes, Inc. 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:
Lots 1, Block 1, Vista Commercial Center, Filing 1, Weld County Colorado,
located in S %2 of Section 8, T2N, Range 68 West of the 6th P.M.
WHEREAS, a final Site Plan of said property, to be known as Site Plan for Crall&Bowes
Inc., Case Number SPR-303, has been submitted to the County for approval; and
WHEREAS, § 23 of the Weld County Zoning Ordinance provides that no final Site Plan
shall be approved by the County until the Applicant has submitted an Improvements Agreement
guaranteeing the construction of the private parking and landscaping improvements shown on the
plans and supporting documents of the Site Plan, 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 the acceptance and
approval of said final Site Plan and subsequent issuance of required building permit(s), the
parties hereto promise, covenant and agree as follows:
1. Construction: Applicant shall furnish and install, at its own expense, the private
improvements listed on Exhibit "A"which is attached hereto and 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.
a. Construction shall be in strict conformance to the approved Site and
Landscape Plans.
b. At all times during the construction, the County reserves the right to
inspect the work. Any work not meeting the intent of the plan shall be
replaced to conform to the approved plans at the Applicant's expense.
c. The work shall be completed in the time frame defined in Exhibit B'.
The County Commissioners may grant extensions at their discretion.
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11111111111111111111111111111111 1111111 III 11111 Illi Ilil 992838
2737893 12/10/1999 01:33P JA Suki Tsukamoto
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d. The Applicant intends to develop the Site in accordance with the approved
plans.
2. Improvements Guarantee:
a. The Applicant has caused a Cashier's Check, payable to Weld County, to
be issued in the amount of$ 80 000.00, as the amount equal to 100% of
the cost of improvements as set forth in Exhibit 'A'.
3. Request for Release of Collateral: Prior to release of the collateral for the
improvements set forth in Exhibits"A"and"B,"the Applicant will present a
statement of Substantial Compliance from an Architect registered in Colorado
stating that, to the Architect's best knowledge and belief, the improvements or
portion thereof, have been completed in substantial compliance with approved
plans and specifications. Said Statement(s) of Compliance will be issued 1:o the
Weld County department of Planning Services for review and preparation of a
recommendation to the County Commissioners.
4. 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.
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2737893 12/10/1999 01:33P JA Suki Tsukamoto
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
on the day and year first above 'tten.
ATTEST: /y%�� BOARD OF COUNTY COMMISSIONERS
La WELD COUNTY, COLORADO
CLERK TO THE BO ' s
COUNTY COMMISSIO R
= ` 4i5zi,-
Dale K. Hall, airman (11/29/99)
Deputy Clerk to the Board �� 4 . '-'-'
Kirkmey r
APPROVED AS TO FORM: e: 'zz ,4
Geor e E. B r By O d County Atto ey Mik Geile
APPLICANT: Glenn Vaad°
Crall & Bowes, Inc.
B : juit
Y
Title: 44:444—
SUBSCRIBED
AND SWORN to before me this ?.v day of Aj0!/ , 1999
by SlfLve r Cga (t •
N tart'P c
My,Commission expires: c3/44,/� ri,D
�n
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r.r c �` 2737893 12/10/1999 01:33P JA Sukl Tsukamoto
3 of 5 R 0.00 0 0.00 Weld County CO
EXHIBIT 'A'
CRALL & BOWES, INC. SITE PLAN
IMPROVEMENTS COST ESTIMATE
Private Parking Improvement Costs $ 52,000.00
Private Landscaping Improvement Costs $ 20,000.00
Private Fencinging Improvement Costs $ 8,000.00
TOTAL ESTIMATED COST OF IMPROVEMENTS $ 80,000.00
The above improvements shall be constructed in accordance with the approved plans and
specifications prepared by J.W. MILLER ASSOCIATES, 203 South Main Street, Suite D,
Longmont, Colorado, 80501.
Said improvements shall be completed in accordance with the construction schedule set forth in
Exhibit 'B'.
CRALL & BOWES, INC.
By: v (4.il
Title: jll .
Date: /Pt- , 1999
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11111111111111111111111111111 III 1111111 III 11111 IIII IIII
2737893 12/10/1999 01:33P JA Suki Tsukamoto
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EXHIBIT 'B'
CRALL &BOWES, INC. SITE PLAN
CONSTRUCTION SCHEDULE
Intending to be legally bound, the undersigned Applicant hereby agrees to construct the
improvements shown on the approved final Site Plan and Landscape Plan of CRALL &
BOWES, INC. in Vista Commercial Center Subdivision, Filing 1, dated 21 July, 1999, revised
28 October 1999, and Recorded on , 1999, according to the following
schedule.
All improvements shall be completed within one year of the date of approval of the final
Site Plan or issuance of the building permit(s), whichever is later.
Construction of the improvements listed in Exhibit "A" shall be completed as follows:
Improvement Time for Completion
Private Parking Area On or before 1 June 2000
Landscaping On or before 30 September 2000
Weld County, at its option, and upon the request by the Applicant, may grant an
extension of time for completion for any portion of the improvements shown above, upon a
showing by the Applicant that the above schedule cannot be met.
CRALL & BOWES, INC.
13y: 'A
V/
Title: �Ll
Date: , 1999
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2737893 12/10/1999 01:33P JA Sukl Tsukamoto
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��t MEMORANDUM
WI ' To: Board of County Commissioners November 29, 1999
COLORADO From: Kim Ogle, Planner
Subject: Acceptance of Irrevocable Letter of Credit
On November 22, 1999, the Department of Planning Services received an Irrevocable Letter of
Credit for Crall and Bowes, Inc. for the construction of a new office and maintenance facility at
Vista Commercial Business Park, Case number SPR-303, in the amount of eighty thousand
dollars and no/100s ($80,000.00.) Items covered under this letter of credit include:
Asphalt paving and grading 1 June 2000 estimate $ 52,000.00
Landscape Requirements 30 September 2000 estimate $ 20,000.00
Fencing Requirements 30 September 2000 estimate $ 8,000.00
Total Estimated Cost of Improvements and supervision $ 80,000.00
The Weld County Attorney, the Department of Public Works and the Department of Planning
Services, have determined that the amount of the agreement will be sufficient to complete the
work required for the construction of a new office and maintenance facility at Vista Commercial
Business Park for Crall & Bowes, Inc., and the Department of Planning Services recommends
acceptance of this Letter.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
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DATENovember 19, 1999
'I,, PAY TO THE
ORDER OP WELD COUNTY $80,000 .00****** r
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This document has a multi-color bach{ground,a micro-print signature fine,and holographic foil-tit(e;absence of these features will indicate a copy.
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