HomeMy WebLinkAbout992637.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PUBLICLY MAINTAINED ROADS) AND
ACCEPT COLLATERAL - LARRY INTERMILL
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 November 18, 1998, the Board of County
Commissioners approved a Site Specific Development Plan and Final Plan for Five (5) Lot
Minor Subdivision, known as Grandview Acres Minor Subdivision, S #469, for Larry Intermill on
the following described real estate, to-wit:
Lot A of RE #2130, situated in Part of the SW ''A of
Section 20, Township 6 North, Range 64 West of
the 6th P.M., Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval in said Resolution, the Board
has been presented with an Improvements Agreement According to Policy Regarding Collateral
for Improvements (Publicly Maintained Roads) between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, and Larry Intermill, with
terms and conditions being as stated in said agreement, and
WHEREAS, Larry Intermill has presented to the Board, personal check#1375 in the
amount of$1,300.00, drawn on the 1st Choice Bank, as collateral representing 15 percent of
the cost of road improvements within the Subdivision, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Improvements Agreement According to Policy Regarding
Collateral for Improvements (Publicly Maintained Roads) between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and Larry
Intermill be, and hereby is, approved.
BE IT FURTHER RESOLVED that collateral, in the form of personal check#1375 in the
amount of$1,300.00 from Larry Intermill, be, and hereby is, accepted as collateral.
•�, pL, 1✓1+-rrn I I I 992637
r PL1257
IMPROVEMENTS AGREEMENT - LARRY INTERMILL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of November, A.D., 1999, nunc pro tunc July 12, 1999.
BOARD OF COUNTY COMMISSIONERS
• COUNTY, • • ' �O
ATTEST: Lill La •/ /7 O
al K. Hall, Chair i
Weld County Clerk to the_ O �y �ikk� I ��
((�QQ na rbar J. Kirkmeyerr Prd-Tem /
Deputy Clerk to the Boar ` Der
Geor xter
?APPROVED AS TO FORAM
yr J Geile
ty Attorney a ' �' ,
Glenn a
992637
PL1257
/� IMPROVEMENTS AGREEMENT ACCORDING
v/�� POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLICLY MAINTAINED ROADS)
THIS AGREEMENT, made and entered into this 1st day of November 1999, by and between
the County of Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter called
"County", Larry Intermill 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:
Lot A of RE #2130, situated in part of the Southwest
quarter of Section 20, Township 6 North, Range 64 West
of the 6th P.M., Weld County, Colorado
WHEREAS,a final subdivision/PUD plat of said property,to be known as Grandview Acres Minor
Subdivision, has been approved; and
WHEREAS,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 ofthe public improvements shown on plans,plats and supporting documents ofthe subdivision,
which improvements, along with a time schedule for completion, are listed in Exhibits "A" and "B" of this
Agreement.
WHEREAS,no collateral was submitted prior to construction but construction of the improvements
has occurred and is satisfactory but is subject to a 15 percent warranty collateral to assure repairs, if any are
necessary in the period of time between acceptance for partial maintenance and final acceptance for
maintenance by the County.
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 Rights-of-Way and Easements: Applicant warrants that it has acquired,at its own expense,
good and sufficient rights-of-way and easements on all lands and facilities traversed by the
proposed improvements. All such rights-of-way and easements used for the construction
of roads to be accepted by the County shall be conveyed to the County and the documents
of conveyance shall be furnished to the County for recording.
2.0 Construction: Applicant has furnished and installed, 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.
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At.
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 ofthe 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.
4.0 Upon completion of the construction of streets within a subdivision and the filing of a
Statement of Substantial Compliance, the applicant(s) has requested in writing that the
County Engineer inspect its streets and recommend that the Board of County Commissioners
accept them for partial maintenance by the County. Partial maintenance consists of all
maintenance except for actual repair of streets, curbs and gutters, and related street
improvements. The Board has accepted the streets for partial maintenance on the date below
inscribed. Not sooner than nine months after acceptance for partial maintenance of streets,
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 acceptance of the streets for full maintenance. Upon a receipt of a positive
unqualified recommendation from the County Engineer for acceptance of streets within the
development, the Board of County Commissioners shall accept said streets as public
facilities and County property, and shall be responsible for the full maintenance of said
streets including repair and shall release the warranty collateral.
5.0 Improvements Guarantee: The collateral acceptable to Weld County subject to final
approval by the Board of County Commissioners has been submitted in the form of cash.
6.0 Request for Release of Collateral: The Applicant has presented 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:
6.1 The request for acceptance for partial maintenance has been accompanied by
"Warranty Collateral"in the amount of 15 percent 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.
6.2 The warranty collateral shall be released to the applicant upon final acceptance by
the Board of County Commissioners for full maintenance under Section 5.3 herein.
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.
111111 1111111 2
2732961 11/15/1999 04:37P JA Suki Tsukamoto
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IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on he day
and year first above written.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CPLORADO
#� �. 1/01/99)
ATTEST: ilite / �! JJ`� II per
I. . 1/01/
�i:fl ue
� i �♦ � �, :arira J. Kirk y-r, 'ro�1�;
Weld CountyClerk to the Boar' ate • _
!,:n f
t , ,„, GCe % Baxter -
BY: �, v la.t. ' M. Gei
Deputy Clerk to the Boa ��Jr r> � - � ,-",ai
• �� Tenn ' aad�
APPR AS TO FO
i /
Coorney
APPLICANT:
L n- 6-- r74,-, .1/
B •
(title) 4-0,4--¢r
rw`—
SUBSCRIBED AND SWORN to before me this�� ay of ,`W Q X— , 1999.
WITNESS my hand and official seal.dGENERAL NOTARY-St NY
SHAWN L.HEcIOAAN &01,11)1.31.4t a. ln
""' ;_`"
My Corot Ed.0pt 1(2002 Notary Public
My commission expires:
W.. WD
1IIIIII IIIII IIIIII IIIII IIIIII III IIIIIII III EU liii IIII 3
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,`EXHIBIT "A"
Name of Subdivision: ( rc•.vtic�L,t,. .1 Art.:47 inc 1/41+heC(�
Filing: NIA
Location: S1-Lc d t ire 1-La. 19u.) t/4 Cx- S c - o1 n —14/1-1
intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
subdivision and as shown on the subdivision final plat County dated , 19 ,
recorded on , 19 , in Book , Page No. , Reception No.
, the following improvements.
(Leave spaces blank where they do not apply)
Estimated
Improvements Unit Cost Construction Cost
ce
Street grading 11 1`'S `'au �cl, S o s �S ✓
Street base 7 '"-' &# 4 jA,
WAPS 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 Loa) s \l 1'r vt
Fire hydrants s 3 nCO 2,
O
Survey & street monuments & boxes
Street lighting ��
Street name signs * ;co `' e:�h
Fencing reouirements �r
Landscaping (. rt. -sLtd'i.::)) s 0 'Q y,� 44 t SIDC
Park improvements o0
Aoad Culvert l 1Z") a to °p I ,�-, `/ '-IC
Grass lined Swale
Telephone $ ADO `� 1r-r 141- 9 ;o
Gas
Flectric
Water Transfer a I CGO °= r I e ' a 5.cc0 cc
STIR-TOTAL R 3� t'�5 -1
1111111 Lilll 111111 11111 111111 III 1111111 III IIIII IIII 1111
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Engineering and Supervision Costs 14 2,CJ °=
(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 SUPERVISIONS 4Qi%S1 cc
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 Counry, 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: , 19
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EXHIBIT "B"
Name of Subdivision:
Filing: 13/A
Location: S, ,z 5 '/4 cF cpir..dr%orl 77) - V kJ/LA
Intending to be legally bound, the undersigned Applicant hereby agrees to construct the
improvementsshown on the final subdivision plat of Subdivision,
dated , 19 , Recorded on . 19 , in Book
, Page No. , Reception No. , the following schedule.
All improvements shall be completed within years from the date of approval of the
final plat.
Construction of the improvements listed in Exhibit "A" shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading }..\tw�tir If1�lf
Street base ! ( °titr bei 1Y91°0
Street paving
Curbs. gutters. and culverts
Sidewalk
Storm sewer facilities (. Gil x tl-) hl ou t mbz✓ 1Q
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines_
Mains
laterals (house connected)
On-site sewage facilities
On-site water supoly and storage
Water mains t,m1,Lr / fLLCrnbbr I*lk
Fire hydrants / t�t�c 'bz� 1W114
Survey& street monuments_& boxes
$treetJ ishting
Street name sins T?Lk..i.rv+l-it‘/ l` 'b
Fencing requirements
Landscaping Ift - stcd;rr. ) 1(71°)(?1
Park improvements JJ 1
Telephone te“0.1>4-r
C'ras
Electric 1`Zt t l�tr 1W1i) [Jc"r+I IF1'l111
Water Transfer 1 1
Sub-Total EfTrrr kci Proyi.4- (:.gyp\ .;-i'nvl - ir-r\ 1°lolq
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The County, at its option, and upon the request by the Applicant, may zrant an extension of time for
completion for any particular improvements shown above, upon a showine by the Applicant that the
above schedule cannot be met.
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
Date: , 19
m Yo,muprtnm.db
111111 "III 111111 IIIII 111111 III IIIIIII III 11111 11111111
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MEMORANDUM
#0;,( ltr:
TO: Ben Patton, Planner DATE: June 4, 1999
FROM: Donald Carroll, Engineering Administrator 0/116
es SUBJECT: S-446; Larry Intermill
COLORAD
At the request of the applicant and Planning Services, I have reviewed the transportation portion of the
Improvements Agreement Regarding Collateral for Grandview Acres Minor Subdivision. Unit costs and estimated
construction costs appear to be adequate to complete the transportation portion of the agreement . Weld County
Public Works has no conflict with these items.
cc: S-446
plan24
' • i MEMORANDUM
tsOttari
TO: Ben Patton, Planner DATE: July 12, 1999
FROM: Donald Carroll, Engineering Administrator
C. SUBJECT: S-446; Larry Intermill, Release of Collateral
COLORADO
•
At the request of the applicant and Planning Services, I have visited the site and performed the final field inspection
for Grandview Acres Minor Subdivision. All items were checked and field verified as to the location and adequate
size identified in the drawing.
In accordance with the Improvements Agreement, Weld County Public Works Department will retain $1,300.00
(15%) of the street base item for approximately one year. At that time, the developer shall request, in writing, a
reinspection of the site. If no repairs are needed, the 15% will be released at that time.
cc: S-446
planl
Post-its Fax Note 7671 Date a_
pages.
To 1/'G W, From n cry
Co./Dept c�-� Co. ' 1/7 L<J
Phone# Phone#
Fax# Fe,c'; / 'c a Fax#
From: CAROL HARDING
To: LMORRISON
Date: 9/14/99 3:45pm
Subject: GRANDVIEW ACRES MINOR SUBDIVISION COLLATERAL
Lee,
Since we only talked and I did not send a follow up E-Mail, I just wanted to remind you of our
conversation last month (8/5/98) regarding Grandview Acres, who is submitting $1,300 in
reduced collateral (15% retainage), since the original collateral and agreement were never
submitted to the Board. If you'll remember you said you could modify the basic Imps
Agreement to use for acceptance of the reduced amount and specifications of when to release,
etc. (I gave you a paper copy of Exhibits A and B when we talked, let me know if you need
them recopied.)
Let me know if I can be of assistance in any way. Thanks.
Carol
CC: BBARKER
From: LEE MORRISON
To: charding
Date: 10/19/99 12:35pm
Subject: draft- needs renumbering-talk to you on wednesday
Reply requested when convenient
From: LEE MORRISON
To: charding
Date: 10)19/99 12:35pm
Subject: draft- needs renumbering-talk to you on wednesday
Reply requested when convenient
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
C GREELEY, COLORADO 80632
COLORADO
August 10, 2005
Larry Intermit]
1301 North Cleveland Avenue
Loveland, Colorado 80537
RE: Cancellation and release of Collateral
To Whom It May Concern:
Attached hereto please find copies of the Board of County Commissioner's Resolution approving
the cancellation and release of collateral, as referenced above. A Weld County Warrant, in the
amount of$1,300.00, is enclosed.
If you have questions or need additional information, please do not hesitate to contact me at(970)
356-4000, Extension 4217.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
By:
Carol A. Harding,
Deputy Clerk to the Board
YBIC COYnry�Colorado Y*HRAWT NUMBER 3184115
INVOICE NUMBERINVOICa t acb�'ri'`ok : A1}u$tw$A11 NET
INVOCa
Oa RBPEaP$Ca DATE AMOes ;Da00CT/pNB.:.. t AM011MT AMOUNT
RE/COL/102899 08/10/05 1 ,300.00 00 00 1 .300.00
1
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COLLATERAL RELEASED
IN CONJUNCTION WITH
OTHER CASES
SEE #2005-2091
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