HomeMy WebLinkAbout992839.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE),
AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR SITE PLAN
REVIEW#305 - RAY MENARD
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 16, 1999, Department of Planning Services staff did approve
a Site Review Plan, SPR #305, for Ray Menard, for a machine shop on the following described
real estate, to-wit:
Lot 2, Block 2 of Sekich Business Park; Section 23,
Township 3 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 According to Policy Regarding Collateral for
Improvements (Private Road Maintenance) between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, and Ray Menard, with terms
and conditions being as stated in said agreement, and
WHEREAS, pursuant to said agreement, the Board has been presented with Irrevocable
Standby Letter of Credit#744-100, drawn on the Community Branch of the Bank in Boulder,
3033 Iris Avenue, Boulder, Colorado 80301, in the amount of $96,050.00, 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 According to Policy Regarding
Collateral for Improvements (Private Road Maintenance) between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and Ray
Menard, be, and hereby is, approved.
BE IT FURTHER RESOLVED that Irrevocable Standby Letter of Credit#744-100, drawn
on the Community Branch of the Bank in Boulder, 3033 Iris Avenue, Boulder, Colorado 80301,
in the amount of $96,050.00, be, and hereby is, accepted.
Pl-, cA, Illenard 992839
PL1368
IMPROVEMENTS AGREEMENT- RAY MENARD
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
1/�,��j® ELD COUNTY, C•LORADO
ATTEST: `�M""`t'r teary iN �� u /tad_;I.
�yiy� % D-le K. Hall, Chair
Weld County Clerk totir ', _�.�,r;^1�t L
-ate J. Kirkmeyer, Pro-Te
J �
Deputy Clerk to the BLS -
_/►� George ter
APP- 0 T ED AS TO FORM:
J. eile
y � 44, l,�
rt Attorne /r`
Glenn Vaad
992839
PL1368
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
2- (PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this 29th day of November ,by and between
the County of Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter called
"County", and Ray Menard 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 2, Block 2, Sekitch Business Park; Section 2:3, Township
Township 3 North, Range 68 West of the 6th P.M. , Weld
County, Colorado
WHEREAS, a final subdivision/PUD plat of said property, to be known as
a Office/Machine Shop has been submitted to the County for
approval; and
WHEREAS, 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.
I Revised 12/95
1111111 111111 nil 111111 III 111111i III IIIII It 1111 992839
2737892 12/10/1999 01:33P JA Suki Tsukamoto
1 of 12 R 0.00 0 0.00 Weld County CO
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.I 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
I Hill IIIII IIIIII 11111 IIIIII III IIIIIII III 11111 1111 I'II
2737892
R 0.00 999 01:33P D 0.00 Weld A Suki County Tsukamoto
County CO
4.0 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.
(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
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
IIIIII IIIII 11111111111113 III 111111 III 11111 IIII IIII
2737892 12/10/1999 01:33P JA Suki Tsukamoto
3 of 12 R 0.00 D 0.00 Weld County CO
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 Hat 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" and "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.
8.1 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
following:
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
Mill III 11111111111 lilt III 111111
2737892 12/10/1999 01:33P JA Suki Tsukamoto
4 of 12 R 0.00 0 0.00 Weld County CO
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
11111111111111111111111111111 III NIB III HIE IIII IIII
2737892 12/10/1999 01:33P JA Suki Tsukamoto
5 of 12 R 0.00 D 0.00 Weld County CO
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
I111111 "III IIIIII 11111 IIIIII III (IIIIII III IIIII (III 1111
2737892 12/10/1999 01:33P JA Suki Tsukamoto
6 of 12 R 0.00 13 0.00 Weld County CO
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 Soaces: 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
Illill Hill 11111111111111111III II EI III11111liii 1111
2737892 12/10/1999 01:33P JA SukiTsukamoto
7 of 12 R 0.00 0 0.00 Weld County CO
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, COL RADO
0111mortits D e K Hall, C a/r (11/29/99)
I''`r ' arb. a J. Kir e er, o -em
ATTEST: i if /�"`' 't �//
► # ' ' ► I' ..�iG'i4w&`.) � >`_.�: - . :.I axter .��r.fey
Weld County Clerk to the Board w y'1'
Deputy Clerk to the Board �, Glenn aad
APPROVED AS TO FORM: f.I�/I, AidaLA„af
starrearCounty A orney
/. C, J /'
APPLICANT ' 1 7 `pt-t_�n� /P�
BY:
(title)
Y P q
Subscribed and sworn to before me th i lay al.'s'.�; , 19 9 r ,/ice /
MyKIM Commission expires: i BERLEE . 1° ^ � Lt ---W
i
• SCHUETT ; :otary Public
My Commisse,o Expires October 1,2001
M FORMPAPRIVATE.DB
8 Revised 12/95
IIIIII IIIII 111111 IIIII 111111 III IIIIIII III IR III IIII
2737892 12/10/1999 01:33P JA Sukl Tsukamoto
8 of 12 R 0.00 D 0.00 Weld County CO
•
EXHIBIT"A"
Name of Subdivision: Ste_X i t c H pap — le_c 5„ z c ;
Filing:
Location: Lc 2 N 2 .`-;4"c r. ) 3 / 3 Q S. cz.'
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
Street grading
Street base
Street paving 617,J: rRN � 0.4c
Curbs,gutters.&culverts y cj
Sidewalk /2 ci xS
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Sanitary sewers
Trunk& forced lines
Mains
Laterals(house connected)
On-site sewage facilities F$)G
On-site water supply&storage
Water mains-Includes Bore
Fire hydrants
Survey& street monuments&boxes
Street lighting
Street name signs
Fencing requirements JO 9/6—
, Landscaping /e2 Soo
Park improvements
Road Culvert
Grass Lined Swale
Telephone
Gas l f( o
Electric 1.7 S-c)
Water Transfer S'&O
SUB-TOTAL 9(r c.L'
�111111111111111111111111111III111111I III 11111IIII 9 Revised 12/95
2737892 12/10/1999 01:33P JA Suki Tsukamoto
9 of 12 R 0.00 D 0.00 Weld County CO
Engineering and Supervision Costs /u'io'o`i) +^' `"'`l L.
(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 $ 9'&, r)5 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.
S provements shall be compl ted according to the construction sch ule set out in Exhibit "B".
I07/ 1,.....--L---,--ct r \SIA/Vi-s), )CcAi\R51 2
`qun, iv ogoration,to be signed by President and attested to by Secretary, together with corporate seal.)
``
`�PNI N -
•� `F-5;; Date: A k ar.L-- , 19
OF COS y� -z
MY COMMISSION EXPIRES 7/21/2001
1111111111111111111111111111III Hill 11111113 Ilil 1O Revised 12/95
2737892 12/10/1999 01:33P JA Suki Tsukamoto
10 of 12 R 0.00 0 0.00 Weld County CO
•
EXHIBIT"B"
Name of Subdivision: i kz tt -i — 0
Filing:
Location: Ccit` &i-K ] S rc .I3 (47. w€' L<.' G 1 I L3 c
c� IS)
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 Cam.1994e
Street base
Street paving _
Curbs,gutters,and culverts 3-4:71V-vr1.� [ A{L: FE- - en'tO .miz Ca'PLC,Te'3
Sidewalk •
fjc''j,N CA TAT .j t_) f1cTir✓_- WALL. Ei2 ticzi
Storm sewer facilities _
Retention ponds _
Ditch improvements _
Subsurface drainage _
Sanitary sewers _
Trunk and forced lines
Mains fVP A-:) 4);t 1- iT IA)S;ALCro Ft-5j(c
Laterals (house connected)
On-site sewage facilities /1l1 S (.L yv-
On-site water supply and storage _
Water mains _
Fire hydrants _
Survey& street monuments& boxes _
Street lighting _
Street name signs _
Fencing requirements (G.14 f%u'r /} / c ilz AP2r c_
Landscaping fww2 i c_ u P w I i c.i Cx get tfl smf ;t, ')/ fliP APS y
Park improvements _
Telephone G 1-L. A ID 8y .E R i
Gas /.ic y G.,/Z_
Electric S14)S ' LiAie gy iD```- — )(-Fcv2ce '2 /S ()v ;4t'LL; y
Water Transfer _
Sub-Total
I IIIIII IIIII IIIIII IIIII IIIIII III 'IIIIII III lilt III IIII
2737892 1211011999 01:33P JA Sukl Tsukamoto 11 Revised 12/95
11 of 12 R 0.00 0 0.00 Weld County CO
The County, at its option,and upon the request by the Applicant, may grant an extension of time for
completion for any particular improvementsjhown above, upon a showing by the Applicant that the
• above)schedule cannot be m t. 7
�1 kAiVarL4
(If corporation,to be signed by President and attested to by Secretary, together with corporate seal.)
Date: / _, I9j `j.
N Mc/N).°v,,,
�J.
8 CO• "`f6kr.emdn
C7ARY".
%U •.F U Ei L I G �``
:14/ COS „�� 2 61
_.it r \ _ . ' , U� 14" G1-
MY COMMISSION EXPIRES 112112001
1111111111111111111111111111III 1111111 III111111 III 1111 12 Revised 12/95
2737892 12/10/1999 01:33P JA Sukl Tsukamoto
12 of 12 R 0.00 D 0.00 Weld County CO
/44 , avn MEMORANDUM
I �. To: Board of County Commissioners November 29, 1999
COLORADO From: Kim Ogle, Planner
Subject: Acceptance of Irrevocable Letter of Credit
On November 24, 1999, the Department of Planning Services received an Irrevocable Letter of
Credit from Rocco DeMarco, agent for Ray Menard, for a machine shop in Sekich Business
Park, case number SPR-305, in the amount of ninety-six thousand fifty dollars and no/100s
($ 96,050.00.)
Items covered under this letter of credit include:
Site Paving March 2000 $ 31,820
Curbs, Gutters and Culverts March 2000 $ 9,240
Sidewalk February 2000 $ 12,085
On-Site Sewage facilities December 1999 $ 8,870
Fencing Requirements April 2000 $ 10,815
Landscaping Requirements May 2000 $ 18,800
Telephone December 2000 $ 620
Gas January 2000 $ 1,160
Electric - Temp Transformer December 1999 $ 1,780
Water - $ 860
Total Estimated Cost of Improvements and supervision $ 96,050.00
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 machine shop at Sekich Business Park, and the Department of Planning
Services recommends acceptance of this Letter.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
�jq�879
Page 2
Unless otherwise expressly stated, this Credit is subject to the Uniform Customs and Practice of
Documentary Credits (1993 Revision), International Chamber of Commerce Publication No. 500,
and, where not inconsistent therewith, to Article Five of the Uniform Commercial Code of the
state of the principal office of the Issuing Financial Institution. Unless otherwise expressly
stated above, only original documents will be accepted. No reproductions or carbon copies may
be substituted for originals.
THE BANK IN BOULDER shall have no right, duty, obligation, or responsibility to evaluate the
performance or nonperformance of the underlying contract between R& R Resources, LLLP and
the beneficiary of this credit.
Sincerely,
t%
wzti s k
Larry M. Stauss
Vice President
ri •
i CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970)352-0242
P. O. BOX 758
W C
GREELEY, COLORADO 80632
COLORADO
August 10, 2005
R & R Resources
do Ray Menard
122 NCR 21
Berthoud, Colorado 80513
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 $4,775.00, 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
W.,d County.Colorado .UMBER 3184783
INVOICE'NYRNSER Di VOICE INVOICE• IMSCOUNt OR: AflDIT7ONAL .NET".
OR REFERENCE OA'I'E AMOIIIC `: 3I*DVCTIONS, AMOUNT, AMOUNT
4E/COL/070800 08/10/05 4`,775.00 .00 .00 4,775.00
REMOVE DOCUMENT ALONG THIS PERFORATION
w R W •a , B, . b LL b "_Ex RN fif4u u0xrx A' Pr 2
° oW u
A
4e R r ' w"ti• .4* J"P # '14 u' t 1 ,.A"" 0 f i .L m r O35 2 A wTY T4u '4(4'
(970 FA
Marf*Farrilli
w t % My n wV� s +s'4 DATE ✓d ✓ g4,044.114 IC' '^ a y
I' E Nµw'W wl '�uu' m We n + � "''""S A )s ?^ g
! A n" wu ,T, RY.1� 4R4oFCo x VGOMM.eioroelA
A& IEFSOFiRCb�i ^^-x 'x t�` ""° .'"", - ° �'mrm ury iih,ww,. w' iii tlo
e: C/G AY ARHi. jS s"I, z "' , �,%` uwu Pu an 1 N„M wl 14 m' 1 / e./
„ f2Z-NCR421wa r e a '"9>w > u M'" °
` a � w Nry
8 k . BLII<7VffOt1)Y• O BOSH m ,' wi"w N 0
u f w uu
w '�'"� `" �k� � u�x Wux'wu'Nw u' °mm � �� �YU6Ldl/ I 8
�� N4 �"W �m,d IN
xoR JxER ♦no c
�'
00' 3 Lao 78 3I I: LO 2 L009 L81:80 L 27008480'
COLLATERAL RELEASED
IN CONJUNCTION WITH
OTHER CASES
SEE #2005-2091
Hello