HomeMy WebLinkAbout992033.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PRIVATELY MAINTAINED ROADS),
IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (OFF-SITE), AUTHORIZE CHAIR TO SIGN,
AND ACCEPT COLLATERAL FOR HUNT-WEIDEMAN PLANNED UNIT
DEVELOPMENT - DAVID HUNT/TERRY WEIDEMAN
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 July 22. 1999, the Department of Planning Services staff approved a
Site Specific Development Plan and Final Plat for a five-lot Planned Unit Development, S #493
for David Hunt and Terry Weideman, 13434 Weld County Road 42, Platteville, Colorado 8065'1,
on the following described real estate, to-wit:
Lot B of Recorded Exemption #2112, part of the
S'/z of Section 14, Township 4, Range 66 West of
the 6th P.M., Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval for said Planned Unit
Development, the Board has been presented with 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 David Hunt and Terry Weideman, with terms and conditions being as stated in said
agreement, and
WHEREAS, pursuant to certain Conditions of Approval for said Planned Unit
Development, the Board has been presented with an Improvements Agreement According to
Policy Regarding Collateral for Improvements (Off-Site) on the following described real estate
to-wit:
Weld County Road 33 beginning at Colorado State
Highway #256 and running approximately 400 feet
North of said Highway
WHEREAS, the Board has been presented with Irrevocable Standby Letter of Credit #4
drawn on the Weld County Bank, 3635 23rd Avenue. P.O. Box 59 Evans, Colorado 80620, in
the amount of $56,000.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreements and
accept collateral as stated above, copies of which are attached hereto and incorporated herein
by reference.
ift
PL. --vnt Aid
tIdevtar)
992033
PL1288
IMPROVEMENTS AGREEMENT - HUNT/WEIDEMAN PUD, S#493
PAGE 2
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 (Privately Maintained Roads) between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and David Hunt
and Terry Weideman, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County.
Colorado, that the Improvements Agreement According to Policy Regarding Collateral for
Improvements (Off-Site) between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and David Hunt and Terry Weideman, be,
and hereby is, approved.
BE IT FURTHER RESOLVED that Letter of Credit#4 drawn on the Weld County Bank
3635 23rd Avenue, P O. Box 59, Evans, Colorado 80620, in the amount of $56,000.00, be, and
hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of August, A.D , 1999.
BOARD OF COUNTY COMMISSIONERS
p ..4 LD COUNTY, CO ORADO
ATTEST: gull
•I ���'� Eft u� 4f r i 'i f
', f '' �, " Da} K. Hall, Chair
Weld County Clerk to the 'o ?iwtt1)
_INip
�' 1�4 )�-arbar J. Kirkmeyer, ro Tem
Deputy Clerk to the Bo -. U N ? ,if - .
'Georg E. xter
- <. n1
APPROVED AS TO FORM: i/ K'
. i J Ge /
C C.
duityAtto4-r ' C 41 ,i- 61/2a)(
Glenn Vaad - --
•
992033
PL1288
LM-PRol\i---ivEEN0.'S AGREEMENT ACCORD[NG
PCL.CYRE;;aL;ENGCOLLATERAL FOR ;l1PROvEI[ENT:
(PRIVATE ROAD MAIM I r,NA CE-•
�S ACRE:EN/LENT.. mace and entered into this 11th day of August , by and cenveta
the County of Weld, State of Colorado. acting hrougn its Beard of County Commissioners. hereinafter ca.led
'County'. and 1QVID uurrT &_'CI Tom/ Ml10DE?np1.1 hereinafter called "Applicant'.
WITNESSEi
W'EREAS. Applicant s the owner of or has a controlling interest in the following described
property in the County of Weld, Colorado:
Ls+ g •T {iuorJeU En'ew.r4io`. . IOS1• 14•Ts ' z-uz- , re.c.ortie,i
.tt to fltil4 rac.rcJS of *IdolLo....I'y, bpi..., - ?OA'cO6. of
k- �a+}L No-if o Sea-4-ion 14 ,To...-cl•��. '� ij.,kL Q..,- t, ly(y kJts+ of 'Ylt
t,{L. P.M. CJv.I^ of \Utloi , C7}a4c C.aloro-tIo.
WI-CERE.A.5. a final subdivisioniPUD plat of said property, to be :k.cwn s
L1vt.iT - W t-Cc-m.44 l p. u. D. has been submitted to the ,:.;unto
for approval: and
W EEFEAS, of:he Weld County Subdivision Ordinance provides that no final
snail be approved by the County until :he Applicant has submitted a Subdivision Improvement Agreement
guaranteeing the constriction of the public improvements shown on plans plats and supporting documents
of the subdivision. Nnich improvements. along with a time schedule for camoietion. are listed :n c:nnfo is
"A" and "5" of this Agreement,
NOW, -:=:R'=_CRE. iN CONSIDER-EON OF the foregoing and of:he acceptance ana a port; Li
of said final plat. :he patties hereto :finalise, covenant and agree as follows:
.0 Engineering, Services: Applicant shall famish. at its own expense. all engineering _eri.c_s
in connection with the design and constracdon of the subdivision improvements istec :n
Exhibit "A" which is attached hereto and made a part of anis reference.
.. The recuired engineering services shall be performed by a Professional Engineer
and Land Surveyor registered in :he State of Colorado. and shall conform to fie
standards and criteria established by the County for public improvements
The required engineering services shall consist of, but not be limited to, :ur;e•.s.
cesigs. plans and profiles. estimates, construcenn supervision. and use S1iittLSO .rL
of necessary ;ccuments to :he County
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Applicant shall furnish drawings and cost estimates for roads within the suoaiv sip I
to the Councv for aoprovai prior to he letting of any construction contract
Applicant shall furnish one set of reproducible "as-built" drawings and a float
statement of construction cost to the County.
c.p Rights-of-Wav and Easements: Before commencing the construction of any ;tricrnv ements
herein affeed Croon, Applicant shall acquire, at its own expense, good and sufficient nights
of-way and easements on ail lands and facilities traversed by the proposed improvemen s
5.0 Construction; Applicant shall furnish and install. at its own expense, the suoc.ivtsio❑
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 attacnec hereto
and made a part hereof by this reference.
Said contraction shall be in strict conformance to the plans and drawings aocrovec
by the County and the specifications adopted by the County for such ouo.
improvements. Whenever a subdivision is proposed within three :cue: of i::
incorporated community located in Weld County or located in any adjacent ounr,
the applicant snail be required to install improvements in accordance with tot
requirements and standaras :hat would exist if the plat were developed within the
corporate 'limits of that communir. if the incorporated community has not accpte
such requirements and standards at the time th.e subdivision is proposed. to,
requirements and standards of he County. shall be adhered to. If coin r .
incorporated community an the County have requirements and standards hc,c
requirements and standards that are more restrictive shall apoiy.
applicant shall employ, at its own expense, a qualified testing company ore,'sous::
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.
5.2 At all times during said construction, the Count'' shalt have the right tc :est a:;i
inspect or to require testing and inspection of material and work at -Apr:tear
expense. Any material or work not conforming to the approved DicirIS as
specifications :hail be removed and replaced to :he satisfaction of the ';.,
Appiicanss expense.
The applicant snail furnish proof that proper arrangements have been made or
installation of sanitary sewer or septic systems, water gas. electric and :e!echoce
seriices.
3.5 Said subdivision improvements shall be completed, according to the terms of n.s
agreement_ within the construction schedule appearing in Exhibit "3". The Board
of County Commissioners, at its option. may rant an extension of :he time I
completion shown on Exhibit "B" upon aooiicacion by the applicant sable::: to
terms of Section 5 herein
7
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3 Release pt. ,ability Applicant shall indemnify and hold harmless the Count. :tom isv
and ail 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 lad
construction of lmorovements, and pay any and all judgments rendered against the County
on account of any such suit, action or claim, together with ail reasonable expenses and
attorney fees incurred ov County in defending such suit, action or claim whether he
liability, loss or carnage is caused by, or arises out of the negligence of county or its
officers, agents, emplovees, or otherwise except for the liabiiay, 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 engagec n
construction of the improvements shall maintain adequate workman's compensation
insurance and public liability insurance coverage, and shall operate in strict accorhance with
the laws and regulations of the State of Colorado governing occupational safety ono health.
::ARE IS NC SECTION f)
6,0 Approval of Streets by the County: l:pon 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.
o.: If desired by the Countyi portions of street irnprovements may be placed in sernca wnen
completed according to the schedule shown on Exhibit "B", but such ase and operation snail
not constitute an approval of said porions.
5.: County may, at its option, issue building permits for constriction on lots for which sweet
improvements detailed herein have been started but not completed as shown on Exhibit ",
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 :he construction of streets within a subdivision and the :,g c_ a
Statement of Substantial Compliance, the acplicantis) may request in writing that the
Counry Engineer insoect its streets and recommend that the Board oil County
Commissioners partially approve them. Not sooner than nine months aver par-iai acorn .
the County Engineer shall. upon request by :he applicant, inspect he subject :greets. tnd
notify the applicands) of any deficiencies. The County Engineer shall reinspect :he stress
after notification from the applicants) that any deficiencies have been correc ed, T-e
County Engineer tines that the streets are constructed ac cording to County ;tarot.ands
shad recommend full approval. Upon. a receipt of a positive ancuaiitied recommendat,r n
from the County Engineer for approval of streets withal the development. the E5,oarc tf
County Commissioners shall fully approve said streets ai public but with private say.
7_0 General Requirements for Collateral:
The value of ail collateral submitted to Weld County roust 'be equivalent :o I '/D
value of toe improvements as shown in to-s A>reesen. Prior to F
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approves, the applicant shall indicated which of the five types of collateral prefereci
to be utilized to secure the improvements subject to final approval by the 3oara
County Commissioners and the execution of this Aaeement. Acceptable collateral
shall be submitted and the plat recorded within Six 6) months of the Final ?.at
approval, if acceptable collateral has not been submitted within six(6) months :hen
the Final Plat approval and all preliminary approvals shall automatically expire. .`_i
applicant may request that the County extend the Final. Flat approval proviced the
cost estimates are updated and the development plans are revised to comply with
all current County standards, policies and regulations. The improvements snail he
completed within one (1) year alter the Final P'at approval (not one year after
acceptable collateral is submitted) unless the appiicanc(s) requests that this
4r*eement be renewed at least thirty (30) days prior to its expiration and farther
provides that cost estimates for the remaining Improvements are undated arc
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 a2*etmem
not renewed within these time frames, the County. at its discretion, may maize
demand on all or a portion of the collateral and take steps to see that the
improvements are made.
The applicant may choose to provide for a phased development by means at
designating flings of a Planned Unit Development Plan or Final Plat Subdivision.
The applicant would need only to provide collateral for the improvements in end:
piing as approved. :he County will place restrictions on those portions of the
property that are not covered by collateral which will prohibit the conveyance of me
Property or the issuance of building permits until collateral is provided :r unti.
improvements are in place and approved pursuant ro the requirements for a Reddest
for Release of Collateral.
3 The applicant intends to develop in accordance with Exhibits "A" anc "B"
3.0 improvements Guarantee: The five types of collateral listed below are acceptable to We id
County subject to final approval by the Board of County commissioners.
3.l irrevocable getter of Credit from a Federal or State Licensed financiai In_Otut ui:
on a form approved by Weld County The letter of credit snail state at : tor
foilowina:
3 1.1 The Letter of Credit shall be in an amount equivalent of 1009<, ;tf are total
value of the improvements as set forth in Section 6.0 and exhipits ' a:ri
B
3.12 The Leger of Credit shall provide for payment upon demand to We'd
County if the developer has not performed the obligations spec,fe i ir. he
Improvements Agreement and the issuer has been notified of such sefau 7.
3.1.3 The applicant may draw from the Letter of Credit in =ccordanc
provisions of this policy.
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3.;.i The issuer of the Letter of Credit shad _uarantee that at ail times the
unreieased portion of the Letter of Credit shall be equal to a minimum :f
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 kern
exceed :he cost estimate in the Improvements Agreement i i.e., streetsi
sewers, water mains and landscaping, tic.). The issuer of the Letter t
Credit will sign the Improvements Agreement acknowledging tie
agreement aria its cost estimates.
8 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.
3.1.6 The Leaer of Credit shalt' 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 hat, In any event. the Letter DC
Crecit Mail remain in full force and effect until after the Board has
received sixty (60) days written notice from the issuer of me Letter if
Credit of the pending expiration. Said notice shall be sent by certified maxi
to the Clerk to the Board of County Commissioners.
3._ Trust Deed upon all or some of the proposed development or other proper i acceptable 7o
the Board of County Commissioners provided that the following are submitted:
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, mat
the value of the property encumbered in its current degree of development s
sufficient to cover 100% of the cost of the improvements as set forth In the
improvements Agreement Pius all costs of sale of the property.
3.:.L In the event proper/other than the property to be developed has been acceotec as
collateral 'qv Weld County, :hen an appraisal is required of the proper:: by ;
member of the Institute of Real Estate Appraisers indicating that the value of the
property encumbered in its current state of development .s sufficient to cover 100%
of the cost of the improvements as set forth in the Improvements Agreement ruts
all costs of sale of the prooerry.
3.:.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance
which is senior to all other liens and encumbrances.
3.3.1 A building permit hold shall be placed on the encumbered property_
3.3j=tow Agreement that provides at least the following:
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3.3.! One cash in escrow is at ,east equal :o '.009') of me amount specifiedn :he
:improvements Agreement.
3.3.E The escrow agent zuarantees that the escrowed funds will be used for improvements
as specified in he agreement and for no other purpose and will riot release any
portion of such Muds without prior approval of:he Board.
3_3.2 The escrow agent will be a Federal or State licensed bank or financial institution
3.3.4 li the County of Weld County determines there is a default of the Improvements
Agreement, the escrow agent, upon reauest by the County, shall release any
remaining escrowed funds to the County.
3.4 A surety bond given by a corporate surety authorized to do business in the State ofCopt-ado
in an amount equivalent to '00% of the value of the improvements as specified h t c
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 Callate;aj: 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 or
Substantial Compliance atom an Engineer registered in Colorado that he project or
portion of the project has been completed in substantial compliance with approved otans a la
specifications documenting the following:
9.1 The Engineer or ass representative has made regular on-site inspections luring gate
course ofconswuction and the constriction plans utilized are the same as hose
approved by Weld County.
9,2 Test results must be submitted for all phases of this project as per Colorado
Deparnner:t of Transportation Schedule for minimum materials sampling, testing
and inspections found in COOT Materials Manual.
9 3 "As built:" plans snail be submitted at the time the leer reauestina release ::
collateral ts submined. The Engineer shall ce-thythat the project "as butia' Is 'a
substantial compliance with the plans and specifications as approved or that an::
material deviations have received prior approval from he County Engineer.
9. The Statements of Substantial Compliance must be accompanied, if appropriate,
a letter of acceptance of maintenance and responsibility by the appropnate utiiuy
company, special dismict or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating :he titre
hydrants are in siace in accordance with the approved plans. One '.ever shall
indicate f the fire hydrants are operational and state the results of fire fico, test:
9.6 The requirements In 9 0 tidied 9_5 shall be rioted c i the final ocnstr uc;.on =tans
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9.7 Foilowing :he submittal of the Statement _f Substantial Compliance and
recommendation of approval of the streets by :fie County, the applicant(,) may
request release of the collateral for the project or portion of :he project by the
Board. his action will be taken at a regularly scheduled public meeting of :he
Board.
9.3 The requer;t for release of collateral shall be accompanied by "Warranty Codater-. "
.n the amount of 1:% 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 utiuty company.
9.9 The warranty collateral shall be released to the applicant upon lanai approva, by he
Board of County Commissioners.
10.0 Public Sites and ')pen Spaces: When the Board of County Commissioners, pursuant to a
rezoning, subdivision or planned unit development. requires the dedication. cieveiooment
and/or reservation of areas or sites other than subdivision streets and utility easements Of
a cnaracter, extent and location suitable for public use for parks, 3eenbeits or schools, said
actions shall be secured In accordance with one of the following alternatives, or as specified
in the PLO plan, if any:
1.0.1 The required acreage as may be determined according :o the We!(' fount—
Subdivision Regulations shad be dedicated to the County or the appropriate school
districit for cne of the above purposes. Any area to dedicated shad be maintained
by the County or school district.
10.2 The required acreage as determined according to the old County Suodivision
Regulations, may be reserved through deed restrictions as open area, rite
maintenance of which shall be a specific obligation in the deed of each tot within
the subdivision.
110.3 In lieu of and, the County may require a payment :o the County in an amount edicat
to the market vane at the time of final plat submission of the required acreage us
determined according to :he Subdivision Crcinance. Such value snail re
ceterrnined by a competent .and appraiser chosen jointly by the Board and the
applicant. The cash collected snail be deposited in an escrow account :o
expended for calks at a later date.
1 l_0 Successors and Assn s: This Agreement shall be binding upon the heirs. executer ,
personal representatives. successors and assigns of the Applicant, and upon recordm2 by he
County, shall be deemed a covenant running with the land herein described, and ;'nail `:e
binding upon the successors in ownership of said land.
I SVI T NESS W F REOF, the parties hereto have caused this Agreement to be e recited
on the day and year first above written.
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BOARD OF CO[,?i TY CON/EMISSION-FRS
D COLT<TY. COLORADO
E< e D le R. Hall, ,Ckt ' G `fir
! / it : II !! 1PT
weld County Clerk to the it imer
i
BY ✓% Ar F y' : /'�
Deouty C:erK :a the Beard Glenn Vaal,---
APPROVED AS TO FORM: / i
j` Count," Attorney
APPLICANT_ ---
BY:
utiel
Subscribed sad sworn to before :ne his day of i°-
My Commission expires:
Notary Pub he
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t 1HI 'A
Name of Subdivision: uvw-r - W 1 EOe.V A J P. u. D —
Filing: _ N A
Location: 4;4uo-+e- L tLe S �z aF inar -tois I -4 Ici LoQ k ,
intending to be legally bound, the undersigned Applicant hereby agrees to provide throng .cut this
subdivision and as shown on the subdivision final plat County gated j 19_
recorded on 19 , in Book , Page No. , Reception No
, :he following improvements.
(Leave spaces blank where they do not apoiy)
Estimated
ijnorovemencs Unit Cosi Gonstrucnon Cost
Street vradinz It O.-1G 41,. d. 4 ,r,900 . 00
Street base L• oo 5.4.44s1. C KKK _oo
Street oav;no 4 4. oo s%.yd. # to -411 .cc
Curbs. mzrters. & tulvertd_
iaewall'
si torte sewer-aciiine5 Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
`Sanitary -ewe
—
Trunk & 'or^ed 'roes
v[ains
Laterals (house connected` —
On-site sewage facilities
On-site ware• supply & storage
Water mains-lnciudes Bore (yxwrwr>)
F're nvrran�
Survey & street monuments & oes:es
ee_ohrn _
Stree=arr :leis_ 4;oo eCl. 7,0o.co
Fenc:ns -e item is
andscapina tr.0 - Itavrrelrec..-•,) 4w t,-F 4 moo.00
Part improvts
Road Culvert 4Zo.00 t.F 4voQo.00
Crass Lined Swale I t6•466oax., it o.o3 iy,.c+. 4LIt4o.00
Tzlephc 4 ,00 rea lv+ 4yaoo. o0
Cas (PFwAJc\Fizc^.ic
1000.OD Qr r �o-� ft hoop -Do
Water Transfer
TR-TOTA.L 4 34 93(p OC
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Engineering and Suoeriision Cost 35.900.(70
testing, inspection. as-buiit Plans and work in addition to preliminary ant nnai Mac superdsicn si lank.!
construction by contractors)
TOTAL, ESTLNEATED COST OF Iivt ROVEMENTS AND SUPERVISION S y4, 1ila.°o
The above improvement shall be constructed in accordance with all County requirements and sp.ecificat;ons_
and conformance with this provision shall be determined solely by Weld Counri, or its duly authorcec
agent.
Said imorpve. ncs shall be completed according to the cgnsrruction schedule set out in Exhibit lc/1
4 4�1, ' ;
(In corporation, to be sired by President and attested to by Secretary, together with corporate seal
i ,
Date: , 19 / ` 1 .
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EXHIB[T 'B"
Name of Subdivision: yMr - Jteic)ew&A,.J p. 0. D .
Filing: U/ _..
Location: AiL..ke. '/o a4 L,cc}.,. 14.4- IA;, vJ.lcl Ceu,-L1 CD
Intending to be legally bound, the undersigned Applicant hereby agrees to construct the
mprovementsshown on the final subdivision Diaz of Subdivision,
gated _ 9 , Recorded on 9 n Rook
Page No. , Reception No. e following schedule.
All improvements shall be compieted within years from the date or approval of he
Sinai 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 cading (4ttert seADw(,) ) Pors+ Ig99
Street base _ J„1., / A cl,..,+ 1999 _
Street paving April woo _
Curbs, Nutters, and culvertsSidewalk
Storm sewer facilities utsiao cm-vea rs' J ly / ASS ck 1999 _
Retention ponds _
Ditch improvements _
Subsurface drainage
Sanitary sewers _
Trunk and forced lines _
Mains
:aterajc (house connected) _
On-site sewage facilities —_
On-site water supply and storage
Water "rains /EXKrI1�1Ci'
Fire hydrants _
Survey_& freer monuments Sc bores _
Street lighting.
Street name sib C,� }L,.,6� 999
Fencing requirements
Landscaping I E'SeFAIaGI ccp}ar be ! Dc4obo. 1999
Park improvements
Telephpne - —__ 46p4«-her 1999
oa5
—
=.:ecn-ic — — Acpke..•ber 1919 --
',v'ater Transfer Sep}ew her 1999 __
Rub-Total April _ tow _
1111111 IIIII 11111111111111111IIII illlli III 111111 III Pill
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2715339 08/20/1999 02:04P Weld County CO
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M1PRCvEVIENTS AGREENE.NT ACCOROING
POLICY REGARDING COLLATERAL -OR IMPROVEMENTS
1016W Koko pJo. ;3
T ro5 AGREENENT, made and entered into this l lth day of August _. by and between
the County of Weld. State of Colorado, acorns through its Board of County Commissioners, heremafte- called
"County". and Cio..u ,GI Te.,y hereinafter called "Applicant".
Wn TNT.SSET
W?ilF:REAS. Applicant is the owner of or has a controlling interest in the following de;cribec
property in the
11County
11of pWeld. Colorado:
WL1c1 Loy r-'Fr WL� M1ID 'zZ, b9s;. . : c.'1 Culp ro(Jc �y+Y� {.{iGI-�..,.y
Uo. ZAP w.� vu�.�;_y c-P?ro* i...-��ol Moo c - t.b.k4 c4 &,a
Co Lye-do S+c-+e ll., O.. zsto.
WIFTEREAS, a final subdivision/PUD plat of said property, to be known
41/4„00uT - WIEDEw Qd ?. v. D . has been submitted to the
for approval; and
WSEREAS. or the Weld County Subdivision Ordinance provides that no fnai pia:
shall be approved by the County until the applicant has submitted a Subdivision Improvement .Ai/eemem
guaranteeing the construction of the public improvements shown on plans, plats and supporting document:
of the subdivision, which improvements, along with a time schedule for completion. are 'Lister, ir. Ethibr,:-
"A" and "B" of this Agreement.
NOW,T HEEREFORE. IN CONSIDERATION OF the foregoing and of the acceptance and approval
of said final plat, the parties hereto promise. covenant and agree as follows:
c Engineering Sen./ices: .Applicant shall furnish. at its own expense, all engineering service:
in connection with the design and construction of the subdivision improvements sated
Exhibit "A" which is attached hereto and made a pan of this reference
1.1 The reeuired engineering services shall be performed by a Professional Engineer
and Land Surveyor registerec in the State of Colorado, and shall col:oral to tie
standards and criteria established by the County for public improvements
ni The reauirec ensineenne services shall consist of, but not be limited to.
desio+.s. plans and profiles, estimates, constructor supervision. and the submission
of necessary documents to tne Counrv.
Rc:ae?
Mill 111111111111111111111IIII111111 III 111111111
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Applicant snail 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 Count-v.
_.o Rights-of-Way and Easements: Before commencing the consmuction of any improvements
herein agreed upon. Applicant shall acquire, at its own expense, good and sufficient 'Oahu-
of-way and easements on all lands and facilities traversed by the proposed improvements
;.o Construction; Applicant shall furnish and install, at its own expense, the subdivision
improvements listed on Exhibit "A: winch is attached hereto and made a par, hereof by thiii
reference, according to the conscuction schedule se: out in Exhibit "B" also attached berets
and made a pan hereof by this reference.
Said construction shall be in strict conformance to the plans and drawings approved
by she 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 counm.
the Applicant shall be required to install improvements in accordance wrath toe
requirements and standards that would exist if the plat were developed within the
corporate l:mits of that community. If the incorporated community has not adoetec
such requirements and standards at the time the subdivision is proposed, me
requirements and standards of the County shall be adhered to. If bod-. toe
incorporated community an the County have requirements and standards. :ncse
requirements and standards that are more restrictive shall apply.
- - Applicant shall employ, at its own expense, a qualified testing company oreviousi
approved by the County to perform all testing of materials or constructor than
required by the County; and snail furnish copies of test results to the Courty
At all times during said construction, the Count' shall have the right to Nest and
inspect or to require testing and inspection of material and work at A:tdiram':
expense. Any material or work not contemning to :he approved Hans and
specifications shall be removed and replaced to the satisfaction of the 'County a:
Applicant's expense.
d The Applicant shall furnish proof that proper atrangemens have been made for ire
installation of sanitary sewer or septic systems, water, gas, electric and teiephcoe
services.
3.5 Said subdivision improvements shall be completed. according to the :ern: of toss
Agreement- within the construction schedule appearing in Exhibit "B". Toe Board
of County Commissioners, at its option. may grant an extension of the time
completion shown on Exhibit ".l" upon apoiication by the Applicant sublet: to :re
terms of Section 6 herein.
�Il l II I11111111111111111 Mill III ill Milt
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a D Release of Liability: Applicant shall indemnify and hold harmless the County from any
and all liability loss and damage county may suffer as a remit of all suits, actions or claims
of every nature and description caused 'bv, arising from. or on account of said design and
construction of improvements, and pay any and all judgments rendered against the Count
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 tors or the gross negligence of the county or its employees while acting
within the scope of their employment. All contractors and other employees engages :n
construction of the improvements shall maintain adequate workman's compensation
insurance and puhiic liability insurance coverage, and shah operate in strict accordance win
the laws and regulations of the State of Colorado governing occupational safety and heattii.
iri 11ZE IS NO SECTION =1
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 repairer by a homeowners association or. in its absence, the owners
of lots within the subdivision.
6.1 If desired by me County, portions of street improvements may be placed in se-nice when
completed according to the schedule shown on Exhibit "B".'but such use and operation snail
not constitute an approval of said portions
o.- County may, at its option, issue building permits for construction on lots for which meet
improvements detailed herein have been started'but not completed as shown on Exhibit 'TB",
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 Court.;
and all terms of this Agreement nave been faithfully kept by Applicant.
6.0 Upon completion of the construction of streets within a subdivision and the fling col a
Statement of Substantial Compliance. the applicann;s) may request in writing that the
County Engineer inspect its streets and recommend that the Board of County
Commissioners partiaily approve them. Not sooner than nine months after partial aporovai.
the County Engineer shall. upon request by the applicant, inspect the subject streets, and
❑otifv the applicanr.(s) of any deficiencies. Tne County Engineer shall reinspect the sees is
after notification from the applicant(s) that any deficiencies have been corrected.. If 7.7e
County Engineer finds that the streets are constructed according to County standards.
snail recommenc nil approval Upon a receipt of a positive unqualified recommendation
from the County Engineer for approval of streets within the development the Boare >f
County Commissioners shall fully approve said streets as public but with phvate :say.
7 0 General Renuirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent tc .00%
of the value of the improvements as shown in this Agreement. Prior to Final r'.at
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_e i', o a as n a Wb JO Suit! Tsukameto
approval, the apoiicant shall indicated which of the five ypes of collateral prefere:
to be utilized to secure the improvements subject to final approval by the Board of
County Commissioners and the execution of this Agreement. Acceptable coilaten.i
shall he submitted and the plat recorded within six (6) months of the Final Hat
approval. If acceptable collateral has not been submitted within six (6) monms then
the Final Plat approval and all preliminary approvals shall automatically expire. .:.
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 wit.
all current County standards, policies and regulations. The improvements shall re
completed within one ('_) year after the Final Plat approval (not one year after
acceptable collateral is submitted) unless the applicant(s) requests that :hit
Agreement: be renewed at least thin (30) days prior to its expiration and fiche
provides that cost estimates for the remaining improvements are updated a:uc
collateral is provided in the amount of 100% of the value of the improvements
remaining to be completed. Ii improvements are not completed and the air*eemen•
not renewed within these time `tames. the County, at its discretion. mai, ma::
demand on ail or a portion of the collateral and take steps to see that in:
improvements are made.
The applicant may choose to provide for a phased development by means
designating filings of a Planned Unit Development Plan or Final Plat Subdivision_
The applicant would need only to provide collateral for the improvements in eae:.
ding as approved. The County will place rest.-actions on those portions of one
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 _r unc'.
improvements are in place and approved pursuant the requirements for a _.cones:
for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits 'A" and
S.0 Improvements Guarantee: The five types of collateral listed below are acceptable to We::
County subject to final approval by the Board of County Commissioners.
3.1 An irrevocable 'Letter of Credit from a Federal or State licensed financial inscmtion
on a form approved by Weld Counro. The letter of credit shall state a: least tnc
following:
8.1.1 The Letter of Credit shall be in an amount equivalent of 100% of the torn,
value of the improvements as set forth in Section 6.0 and exhibits anti
3 1.3 The Letter of Credit shall provide for ravment upon demand tc Weld
County if the developer has not performed the obligations specified in the
improvements Agreement and the issuer has beer. notified of such d efauk-
3.i.3 The applicant may draw from the Letter of Credit in accordance :iith :. _
provisions of this policy
I 1111111111 111111 11111 IIIII 1111 111111 III IIIII It 1111
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S.:A The issuer of the Letter of Credit shall guarantee that at all times :Mc:
unreieased portion of the Letter of Credit shall be equal to a minimum or
03% of the estimated costs of completing the uncompleted portions of me
required improvements, based on inspections of the development Dv the
issuer. in no case shall disbursement for a general improvement item:
exceed the cos; estimate in the Improvements Agreement (i.e . ;zeets
sewers, water mains and landscaping, etc.). The issuer of the Letter of
Creak will sign the Improvements Agreement acknowiedgmg toe
az:eement and its cost estimates.
8.1.f The Letter of Credit shall specify that 15% of the total Letter of :red;:
amount cannot be drawn upon and will remain available to Weld Count
until released 'by Weld County.
S.:.6 he Letter of Credit shall specify that the date of proposed expiration of toe
Letter of Credit shall be either the date of release by Weld count.. of toe
final '.:%, or one year from the date of Final Plat approval. whtcaever
occurs first. Said letter shall stipulate that. in any event the Letter c
Credit shah remain in full force and effect until after the Board has
receivec sixty (60) days written notice from the issuer of the Letter cif
Credit of the pending expiration. Said notice shall be sent by ten:fled mail
to the Clerk to the Board of County Commissioners.
8.2 77.15T Deed upon all or some of the proposed development or other property acceptabie :u
:he Board of Count:: Commissioners provided that the following are submitted.
8.2.: In the event property within the proposed development is used as collateral. air
appraisal is required of the property in the proposed development by a disinterested
M_ ..1. member of the American institute of Real Estate Appraisers indicating that
the value of the property encumbered in its current degree of development s
sufficient to cover 100% of the cost of the improvements as set forth in r__
Improvements .Agreement plus ail costs of sale of the property.
8.2.2 in the event orooery 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
member of the institute of Real Estate Appraisers indicating that the value of:'it
property encumbered in its current state of development is sufficient to cove: :0l 'o
of the cos: of the improvements as set forth in the improvements Agreement p.cs
all costs of sale of the propery.
S.13 A title insurance policy insuring that the Trust Deed creates a valid encumbrance
which is senior to all other :lens and encumbrances.
8.=.4 A building permit hold shah be placed on the encumbered properry
3.: Escrow ,Agreement that provides at least :de following:
11111111111 HIM 111111111111111111111 III 1111 IIII 1111
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3.3.1 The cash in escrow is at .east equal to 100% of the amount specified in roe
Improvements Aa_reement.
3.300 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:he Board.
3.3.3 The escrow agent will be a Federal or State licensed bank or financial institution.
3.3 A if the County of Weld County determines there :s a default of the Improvemens
Agreement, the escrow agent, upon request by the County, shall release any
remaining escrowed funds to the County.
3.4 A surety bond given by a corporate surety authorized to do business in the State ofCc..lorado
in an amount equivalent to 100% of the value of the improvements as specifies in roe
improvements Agreement.
8.5 A cash deposit mace 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 proiec: or for
a portion of the project by Weld County, the Applicant must present a Statement of
Substantial Compiiance :from an Engineer registered in Colorado that the project o-
portion of the proiec:has been completed in substantial compliance with, approved pians ard
specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections curing :fie
course of consu sction and the construction plans utilized are the same as those
approved by Weid County.
93 Test results must be submitted for all phases of this project as per Coiorac.o
Department of Transportation Schedule for minimum materials sampling, :est:ng
and inspections found in COT Materials Manual.
9.3 "As buil:" plans shall be suomitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project "as built" is in
substantial comoiiance with :he plans and specifications as approve:: or that an
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 responsi'biiity by the appropriate uti.iry
company, special district or town for any utilities.
9.5 A letter must be suomitted from the appropriate Fire Authority indicat:r.g the :ire
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 o: the final constructor 'mans
6 rtrvuec
11111111111111111111111111111111111111 III 11111 IIII IIII
2715340 08/20/1999 02:0SP Weld County CO
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9. ` Following the submittal of :he Statement of Substantial Compliance and
recommendation of approval of the streets by the County, the appiicanusi may
request release of the collateral for the protect or portion of the project by the
Board. This action will be taken at a regularly scheduled public meeting of the
Board.
9.3 The request for release of collateral shall be accompanied by "Warranty Coilaterth'
m 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 apo rcval by toe
Board of County Commissioners.
10.0 Public Sites and Qyen Spaces: When the Board of County Commissioners, pursuant tr a
rezoning, subdivision or planned unit development. requires the dedication. development
antvor reservation of areas or sites other than subdivision streets and utiiiry easements of
a character, extent and location suitable for public use for parks, zeenbels or schools. said
actions shall he secured in accordance with one of the following alternatives, or as specified
in the PLD plan, if any.
10.1 The required acreage as :nay 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 Co my 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 eccal
to the market value at the time of final plat submission of the required acreage as
determined according to the Subdivision Ordinance. Such vaiue shall De
determined by a competent land appraiser chosen jointly by the Board and toe
Applicant. The cash collected shall be deposited in an escrow account to ce
expended for parks at a later date.
11..0 Successors and Ass''-mns: 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 c.eemec a covenant running with the land herein described. and shall pc
binding upon the successors in ownership of said land.
TN WITNESS VY ERE SF, the panics hereto have caused this Agreement to be executed
on the day and year firs: above written.
IIIIII 11111 111111 111111 11111 IIII IIIIII III 11111 IIII El
2715340 08/20/1999 02:05P Weld County CO
7 of 12 o 01 pA n O1 010i TO l..I.i
BOARD OF COUNTY CONLIUSSIONERS
WELD COUNTY. COLOR-C./0
le K., Hall, Ch (08/11/99)
[
„i w4,4441 /7 � I ta,`` ar a Kirkme r, Ch Potem
1/4
..q e.r_. :, :axter
last t( it"„„g��� ��
N
Weld County Clerk to the lard 1 -4;1 . //_� _
B Y. < t, '-1, b L_ P. ..IJ i� A
Deputy Clerk tot e Board �� �`
nn t aa..
APPROVF_D AS TO FORM:
'Counry Attorney
(i
APPETCANT -----
Rv_ .
P.itle)
Subscribed and sworn to before me this _ day of 9.
My Commission expires:
Notary Puoiic
•
S ZtvI5i9_
11111111111 Hill 111111IIIII III IIIIII III ILL IIII IIII
28Tef340 12 R80.001D 0.00 JA Sukld CO County
Tsukamolo
E XI-1 B IT ,.A,.
Name of Subdivision: 1-Ivor - \4.iBPEMpr_1
Filing: uIP
Location: tic S'Iz. ,� 4av�w� 14-4-1,V 0,161 [o ly C,D
Intending to be legally bound, the undersigned Applicant hereby am-ee:s to provide throughout this
subdivision and as shown on the subdivision final plat County dated '
recorded on 19 , in Book , Page No. , Reception No
the following improvements.
(Leave spaces blank where they do not apply)
Estimated
Lryprovetnents Unit Cost Construction Cost
Street radius o.nS4e10 m IC i Lc+ . o0
Street base b 1—CO c yd. g 71144 - 00
Street Davis k.00 ,l.yc1• S 91.4.rta 00
Curbs. miners, & culverts
5 idewalk
storm seweerfacilities _
Retention Donds
Ditch imnrovernents
Subsurface drainage —
Sanitary sewers
Sanitary sewers
Trunk & forced lines
Mains
Laterals Mouse connected')
On-site sewase facilities
On-site water suDoly & storage
Water mains-Includes Bore
Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs_
Fencing recuirements
landscaping _
Park improvements
Road Culvert
Grass Lined Swale
Telephone
Gas -- --
Electric Water Transfer
STiB-TOT]r '09,opLe op
I 111111 liii! 111111111111111 11111 III Hill 1111 IIII
2715340 08/20/1999 02:0SP Weld County CO
_r » o 01 Ern n A-RM IA Suki Tsukamoto
Engineenno and Supervision casts it2,000.oO
:testing, inspection. as-built plans and work in addition to preliminary and final plat: .supervision if acnjai
consm action by contactors i
TOTAL ESTiVLATED COST OF IMPROVEMENTS AND SUPERVIS:O?v. S II. oou .uu
The above improvements shall be constructed in accordance with all County requirements and specircatic:is.
and conformance with mis provision ;hall be determined solely by Weld Counry. or its du v aurnor. :ed
agent.
Said imp ove.2 ents sh11 be completed according :o the construction schedule set out in Exhibit F^
-
i . /
24
Qn corporation, to be ;ioied by President and attested to by Secretary; together with corporate seal,:
Date: ,o
1111111 11III 11111111111111111 IIII 111111 III 111111 I1I 1111
2715340 08/20/1999 02:05P Weld County CO
10 of 12 R 0.00 0 0.00 JR Suitt Teukamoto
EXHIBIT "13„
Name of Subdivision: I-lopt - 1JiEUE.LN P.U. D .
ilne: uiA
Location: ctlz o S4-4-';01- 14- ti - s� VJtie c -L, Lo
Intending to be legally bound, the undersigned Applicant hereby agrees tc construct the
improvementsshown on the final subdivision plat of Subdivision.
dated_ . !9 , Recorded on . 19 n BOOK
Pace No. _ Reception No. . the following scheaule.
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 °trading (4rr-ter Gewiiu) Ppr 17.000 _
Street base p „ I loco
Street paving Apr; I Woo _
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
j locus _
Water Transfer
Sub-Total
1111111 HIM 111111 111111 11111 IIII 111111 III 111111 III IIII
2715340 08/20/1999 02:05P Meld County CO
11 at 19 a Oi as n a AM re era.,
The Counr.. at its option. and uoor. the request by the Applicant. may rant an extension of time for
completion for any ;Particular improvements shown above. upon a showing by the Applicant that toe
above sch pieannot;e met.
' /._
-- .; I '
(If corooration, to be sided by ?resident and attested to b' Secretary, together with corporate seat.;
Date: 1 9
a:'romuorwnc.ob
I illlll 11111 111111 1111 11111 IIII 111111 III 111111 III lull
2715340 08/20/1999 02:0SP Weld County CO
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fieiveW Weld County Bank
Modern _3anking With Old•frashioncd Senrice
IRREVOCABLE LETTER OF CREDIT NO. 4
July 16, 1999
Board of County Commissioners
ATTN.: Clerk to the Board
P. O. Box 758
Greeley, CO 80632
Re: Terry Wiedeman - Dave Hunt P.U.D. at WCR 33 and Hwy. 256
Dear Commissioners:
We hereby open our Irrevocable Letter of Credit in your favor for the account of Terry I,
Wiedeman, 13434 WCR 42, Platteville, CO 80651, for a sum not to exceed the aggregate of
$56,000. (Fifty-six Thousand One Hundred and No/100).
Each draft so drawn must be marked "Drawn under WELD COUNTY BANK, 3635 23rd Ave ,
Evans, CO 80620, Letter of Credit No 4 and be accompanied by a "signed statement from the
Board of County Commissioners of Weld County, Colorado stating the applicant has committed a
material breach of the Improvements Agreement according to Policy Regarding collateral for
Improvements regarding Hunt-Wiedeman PUD dated _ /6' day of July, 1999 by and between
Dave Hunt, Terry Wiedeman and the Board of County Commissioners of the County of Weld "
This credit is subject so far as applicable, to "The Uniform Customs and Practice for
Documentary Credit, 1983 Revision, The International Chamber of Commerce Publication No.
400."
We hereby agree with you that all drafts drawn under and in compliance with the terms of this
Letter of Credit will be duly honored and presented for payment to our main office, WELD
COUNTY BANK, 3635 23rd Ave., Evans, CO 80620.1 This letter of credit will expire on July
20, 2000 at 5:00 P.M.
This letter of credit is automatically extended without amendment, for additional one year periods
from the current expiration or any future expiration date unless 60 days prior to such current
expiration date WELD COUNTY BANK notifies beneficiary in writing that the letter of credit
will not be renewed. In the case you receive such a notification, you may draw by presentation of
the following: (a) a draft at sight on WELD COUNTY BANK; (b) a statement purportedly
signed by an official of the Board of County Commissioners of Weld County, Colorado stating
3635 23rdL$fr ✓¢aae o P,', (Sox 59° Fauns, &pinta0 80620
979" 506"1000 Sax 973.506°1937
that we have received notice from WELD COUNTY BANK the Letter of Credit No. 4 will not De
renewed and that Terry L. Wiedeman has failed to provide proof of adequate collateral and
substitution of this Letter of Credit No. 4; (c) copy of letter from WELD COUNTY BANK
stating non-renwal of Letter of Credit No. 4 and the original letter of credit.
Yours truly,
i
i
Robert L. eusch
Sr. Vice President
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