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Home My WebLink About20240635.tiffRESOLUTION RE: APPROVE RELEASE OF COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL FOR SITE SPECIFIC DEVELOPMENT PLAN AND RURAL LAND DIVISION FINAL PLAN, RLDF22-0002 - CMH HOMES, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on October 26, 2022, the Weld County Board of Commissioners approved the application of CMH Homes, Inc., 3455 West Service Road, Evans, Colorado 80620, for a Site Specific Development Plan and Rural Land Division Final Plan, RLDF22-0002, for four (4) lots with A (Agricultural) Zone District Uses, on the following described real estate, being more particularly described as follows: Being part of the E1/2 SE1/4 of Section 36, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Tracy Johnson, CMH Homes, Inc., 3455 West Service Road, Evans, Colorado 80620, and WHEREAS, on May 8, 2023, pursuant to certain Conditions of Approval, the Board accepted an Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and CMH Homes, Inc., with further terms and conditions being as stated in said agreement, to include collateral in the form of Irrevocable Letter of Credit #SLCMMSP11084 issued by U.S. Bank National Association, Attn: Global Trade and Standby Services, BC-MN-H2OG, 800 Nicollet Mall, Minneapolis, Minnesota 55402, in the amount of $53,760.00, and WHEREAS, staff from the Weld County Department of Planning Services received a letter from U.S. Bank National Association stating that the Irrevocable Letter of Credit #SLCMMSP11084 was not extended for renewal and expired on December 31, 2023, and WHEREAS, the Board has been presented with replacement collateral in the form of Irrevocable Letter of Credit #SLCMMSP12243, issued by U.S. Bank National Association, 800 Nicollet Mall, Minneapolis, Minnesota 55402, in the amount of $53,760.00, and WHEREAS, after review, the Board deems it advisable to accept said Irrevocable Letter of Credit #SLCMMSP12243, as stated above, a copy of which is attached hereto and incorporated herein by reference. 4950977 Pages: 1 of 2 03/25/2024 12:25 PM R Fee:$0.00 Carly Kopp's, Clerk and Recorder, Weld County , CO R4 IL's NMill W�h UI II cc:pL.(ft/Mu/vn/s,rh/Ka/Kd/vn) 2024-0635 OH/12 /Z9 PL2843 RELEASE OF COLLATERAL AND ACCEPT REPLACEMENT COLLATERAL (RLDF22-0002) - CMH HOMES, INC. PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that replacement collateral in the form of Irrevocable Letter of Credit #SLCMMSP11084 issued by U.S. Bank National Association, Attn: Global Trade and Standby Services, BC-MN-H2OG, 800 Nicollet Mall, Minneapolis, Minnesota 55402, in the amount of $53,760.00, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said original expired collateral to the appropriate issuing party. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of March, A.D., 2024. BOARD OF COUNTY COMMISSIONERS ATTEST: j,w ;‘,k, Weld County Clerk to the Board BY: APPR ounty Attorney Date of signature: 03/(g/ '-f WELD COUN Kevin D. Mike Freeman cott K. James Lori Saine 4930977 Pages: 2 of 2 03/25/2024 12:25 PM R Fee:$0.00 C*rly Koppel, Clark and Reoordar, Weld County , Co Dili ktift �r ��i�� ri�'ii6P 1iC'�' Kati 1� �I 2024-0635 PL2843 1157) BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item —Accept Replacement Collateral for: CMH Homes, Inc — RLDF22-0002 - DEPARTMENT: Planning Services DATE: February 13, 2024 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Planning Services received a request from the applicant, CMH Homes, Inc, requesting that the Board of County Commissioners consider accepting the Replacement Collateral for the Improvements and Road Maintenance Agreement for (RLDF22- 0002). Collateral in the amount of $53,760.00 is required with the agreement. The original collateral was accepted by the Board on May 8, 2023, but the Irrevocable Letter of Credit Number SLCNNSP11O84 was not extended for renewal and expired on December 31, 2023. Replacement Collateral has been provided in the form of Irrevocable Letter of Credit Number SLCMMSP12243, issued by U.S Bank National Association, 800 Nicollet Mall, Minneapolis, Minnesota 55402. What options exist for the Board? (Include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as pad of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. 3. Have this BOCC Hearing item not placed on the next available agenda as neither part of the Consent Agenda nor the Regular Agenda. Weld County Collateral List CMH Homes, INC. - RLDF22-0002 (PL 2843, #2023-1273) Improvements and Road Maintenance Agreement Approved 05/08/23, #2023-1273 Irrevocable Letter of Credit #SLCMMSP11084 issued by U.S. Bank National Association, Attn: Global Trade and Standby Services, BC-MN-H2OG, 800 Nicollet Mall, Minneapolis 55402 $53,760.00 LETTER OF CREDIT EXPIRED DECEMBER 31, 2023. LETTER FROM BANK 10/20/2023 Consequences: • New development can pay their way for their impacts on the County Roadways, or the County will be required to cover the costs of the new development's impacts on the roadways. Impacts: • New development with high traffic volumes impacts the County Road systems and causes wear and tear more quickly than normal traffic volumes. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): • New development will pay their proportional share of repairs and upgrades completed by the County and the County will not be required to have a share in any improvements required if new development meet any future traffic triggers. Recommendation: Option 2. The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval and acceptance of the replacement collateral for the Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For improvements for RLDF22-0002, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Saine !), 2024-0635 3A3 y -//q/92-4- PLZ743 Cheryl Hoffman From: Sent: To: Subject: Attachments: Jazmyn Trujillo Martinez Friday, February 16, 2024 11:55 AM Cheryl Hoffman; Dawn Anderson; Elizabeth Relford; Esther Gesick; Jessica Reid; Karla Ford; Nick Marquez; Ryan Sinatra BOCC PA REVIEW - RLDF22-0002 — CMH Homes Signed PA & Collateral RLDF22-0002 CMH Homes.pdf ATTACHED BOCC PA REVIEW Improvements Agreement: Accept Replacement Collateral Case/Applicant: RLDF22-0002 — CMH Homes, Inc Please note: Regular Agenda Thank you, Karla! Best, Jazmyn Trujillo -Martinez Development Review Weld County Planning Services 1402 North 17th Avenue P.O. Box 758 Greeley, CO 80631 (970) 400-3711 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. April 19, 2024 CLERK TO THE BOARD. PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 Ms. Tracy Johnson Clayton Homes No. 277 3455 W Service Road Evans, CO 80620 RE: Release Collateral in the form of Irrevocable Letter of Credit No. SLCMMSP11084 and Accept Replacement Collateral in the form of Irrevocable Letter of Credit No. SLCMMSP12243 in the amount of $53,760.00 - RLDF22-0002 — CMH Homes, Inc. dba Clayton Homes #277 Dear Ms. Johnson: Attached please find a copy of the Board of County Commissioner's Resolution, dated March 13, 2024, authorizing the release of Irrevocable Letter of Credit No. SLCMMSP11084 in the amount of $53,760.00 and acceptance of replacement collateral in the form of Irrevocable Letter of Credit No. SLCMMSP12243 in the amount of $53,760.00. I have also attached a copy of the letter and released bond I sent to the insurance company. If you have any questions, please contact me at (970) 400-4227, or email me at choffman@weldgov.com. Very truly yours, heryl L. off an Deputy Clerk to the Board Enclosure cc: Dawn Anderson and Jazmyn Trujillo -Martinez, Department of Planning Services Elizabeth Relford and Max Nader, Department of Planning Services Clerk to the Board File PL2843 Cheryl Hoffman From: Sent: To: Cc: Subject: Good morning Cheryl, Jazmyn Trujillo Martinez Monday, April 22, 2024 7:22 AM Cheryl Hoffman; Dawn Anderson Esther Gesick; Jessica Reid RE: RLDF22-0002 - CMH Homes, Inc dba Clayton Homes Please send the communications to Tracy Johnson(tracy•lohnson@claytonhomes.com) and Mike Jansen (mike.lansen@claytonhomes.com). Best, Jazmyn Trujillo -Martinez Development Review Weld County Planning Services 1402 North 17`h Avenue P.O. Box 758 Greeley, CO 80631 (970) 400-3711 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Cheryl Hoffman <choffman@weld.gov> Sent: Friday, April 19, 2024 8:44 AM To: Jazmyn Trujillo Martinez <jtrujillomartinez@weld.gov>; Dawn Anderson <dranderson@weld.gov> Cc: Cheryl Hoffman <choffman@weld.gov>; Esther Gesick <egesick@weld.gov>; Jessica Reid <jreid@weld.gov> Subject: RLDF22-0002 - CMH Homes, Inc dba Clayton Homes Good morning, Jazmyn, I am getting ready to release the old collateral to the insurance company (even though it expired) and send a copy of the resolution to the applicant. Do you have an actual person you've been dealing with on Clayton Homes. I see the address is in Evans, CO, but would like a person's name and maybe an email address? Thanks so much! Cheryl L Hoffman Deputy Clerk to the Board 7750 O Street/P.O. Box 758 April 19, 2024 CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 U.S. Bank National Association Attn: Jon Hambidge Global Trade and Standby Services, BC-MN-H2OG 800 Nicollet Mall Minneapolis, MN 55402 RE: Release of Irrevocable Letter of Credit #SLCMMSP11084 - RLDF22-0002 — CMH Homes, Inc. dba Clayton Homes #277 Dear Mr. Hambidge: Enclosed please find the released Irrevocable Letter of Credit #SLCMMSP11084 and a copy of the Board of County Commissioner's Resolution, dated March 13, 2024, authorizing the release of this Irrevocable Letter of Credit #SLCMMSP11084 held as collateral in the amount of $53,760.00 for RLDF22-0002 — CMH Homes, Inc. dba Clayton Homes #277. If you have any questions, please contact me at (970) 400-4227, or email choffman@weld.gov. truly yours, Cheryl L.4'ioff rhan Deputy Clerk to the Board Enclosure cc: Dawn Anderson, Jazmyn Trujillo -Martinez, Department of Planning Services Elizabeth Relford and Max Nader, Department of Planning Services Clerk to the Board File PL2843 N rs- m ...D N Q' O O me os U, r -R rR O N U.S, Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com`. Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage Total Postage and Fees Postmar Here • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: G{5 altA) D �D pA/5,54D.z_ I NII 111111 IllIllIllIflIl II 9590 9402 7686 2122 8611 95 i i COMPLETE THIS SECTION ON DELIVERY A. Signature X i I ❑ Agent ❑ Addressee B. Received by (Printed Name) C. Date of Delivery -a5.- z •if D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No • 2. Article Number (Transfer from service label) 7017 1450 0000 9674 6377 PS Form 3811, July 2020 PSN 7530-02-000-9053 3. Service Type ❑ Adult Signature ❑adult Signature Restricted Delivery Certified Mail® ertified Mail Restricted Delivery O Collect on Delivery O Collect on Delivery Restricted Delivery '—ured Mail ured Mail Restricted Delivery er $500) ❑ Priority Mail Express® ❑ Registered MaiITM ❑ Registered Mail Restricted Delivery ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt , embank. C C : usbank.com U.S. BANK NATIONAL ASSOCIATION SWIFT: USBKUS44 GLOBAL TRADE & STANDBY SERVICES, BC-MN-H2OG TELEPHONE: 612-303-7395 800 NICOLLET MALL 612-303-7374 MINNEAPOLIS, MN 55402 FACSIMILE: 612-303-5226 NOTICE OF NON -EXTENSION 10/20/23 BOARD OF COUNTY COMMISSIONERS WELD COUNTY 1555 NORTH 17TH AVENUE GREELEY, CO 80631 RE: STANDBY LETTER OF CREDIT NO. SLCMMSP11084 DATE OF ISSUANCE: JANUARY 13, 2023 APPLICANT: CLAYTON HOMES INC DBA CLAYTON HOMES NO 277 3455 W SERVICE RD EVANS CO 80620 IN ACCORDANCE WITH THE TERMS OF THIS STANDBY LETTER OF CREDIT YOU ARE NOTIFIED THAT WE DO NOT ELECT TO EXTEND THIS INSTRUMENT FOR ANY ADDITIONAL PERIOD OF TIME. THE STANDBY WILL, THEREFORE, EXPIRE AT OUR COUNTERS ON DECEMBER 31, 2023 WITH NO FURTHER EXTENSIONS. REGARDS, U.S. BANK NATIONAL ASSOCIATION (Oa RIZED SIGNATUR CLAYTON HOMES INC DBA CLAYTON HOMES NO 277 3455 W SERVICE RD EVANS CO 80620 CC: (RM) UPS CampusShip: View/Prima Label 1. Ensure there are no other shipping or tracking labels attached to your package. Select the Print button on the print dialog box that appears. Note: If your browser does not support this function select Print from the File menu to print the label. 2. Fold the printed label at the solid line below. Place the label in a UPS Shipping Pouch. If you do not have a pouch, affix the folded label using dear plastic shipping tape over the entire label. 3. GETTING YOUR SHIPMENT TO UPS Customers with a Daily Pickup Your driver will pickup your shipment(s) as usual. Customers without a Daly Pickup Take your package to any location of The UPS Store®, UPS Access Point(TM) location, UPS Drop Box, UPS Customer Center, Staples® or Authorized Shipping Outlet near you. Items sent via UPS Return Services(SM) (including via Ground) are also accepted at Drop Boxes. To find the location nearest you, please visit the Resources area of CampusShip and select UPS Locations. Schedule a same day or future day Pickup to have a UPS driver pickup all your CampusShip packages. Hand the package to any UPS driver in your area. UPS Access PointTM UPS Access PointTM UPS Access POInITM THE UPS STORE 162ND & GLISAN MARKET ADVANCE AUTO PARTS STORE 3573 465 NE 181 ST AVE 16158 NE GLISAN ST 21325 SE STARK ST PORTLAND,OR 97230 PORTLAND ,OR 97230 GRESHAM ,OR 97030 FOLD HERE ELLS ALLISON LTR 1 OF 1 U.S. BANK 17650 SANDY BLVD PORTLAND OR 97230 SHIP TO: LD COUNTY BOARD OF COUNTY COMMISSIONERS 1555 NORTH 17TH AVENUE GREELEY CO 80631-9117 C08063-01 1 UPS NEXT DAY AIR SAVER ip TRACKING #: 1 Z 872 RF6131683 0121 BILLING: P/P � L 2��►S•;,t�'r' bank. usbank. U.S. BANK NATIONAL ASSOCIATION GLOBAL TRADE & STANDBY SERVICES, BC-MN-H2OG 40 NICOLLET MALL NEAPOLIS, MN 55402 JANUARY , 2023 BENEFICIARY: BOARD OF COU TY COMMISSIONERS WELD COUNTY 1555 NORTH 17TH A E GREELEY, CO 80631 AMOUNT: USD 53,760.00 SWIFT: USBKUS44 TELEPHONE: 612-303-7395 612-303-7374 FACSIMILE: 612-303-5226 Dep4 tY Cher DECti. the OR AS - Tt' AT THE REQUEST AND FOR THE A. COUNT OF CLAYTON HO S, INC DBA CLAYTON HOMES #277 ("APPLICANT'), WE U.S. BANK TIONAL ASSOCIATIO :00 NICOLLET MALL, MINNEAPOLIS, MN 55402, ATTN: GLOB L TRADE & STAND : SERVICES, BC-MN-H2OG ("ISSUER") ISSUE THIS IRREVOCABLE S NDBY LETTE OF CREDIT NUMBER SLCMMSP11084 ("STANDBY") IN FAVOR OF BOARD OF CO TY COMM •SIGNERS WELD COUNTY ("BENEFICIARY") IN THE MAXIMUM AGGRE TE AM • NT OF USD 53,760.00. ISSUER UNDERTAKES TO BENEFICIARY TO PA ENEFICIARY'S DEMAND FOR PAYMENT IN THE CURRENCY AND FOR AN AMOUNT AVAI : L. UNDER THIS STANDBY AND IN THE FORM OF THE ANNEXED PAYMENT DEMAND COMP TE' S INDICATED AND PRESENTED TO ISSUER AT THE FOLLOWING PLACE FOR PRESENT' ION: U. BANK NATIONAL ASSOCIATION, 800 NICOLLET MALL, MINNEAPOLIS, MN 5540 , ATTN: GLO: L TRADE & STANDBY SERVICES, BC- MN-H2OG, ON OR BEFORE THE EXPIRA ON DATE. THE EXPIRATION DATE OF THIS ST DBY IS DECEMBER 31, 023. THE EXPIRATION DATE OF THIS : ANDBY SHALL BE AUTOMATI • ALLY EXTENDED FOR SUCCESSIVE ONE YEAR PERI• 'S, UNLESS ISSUER NOTIFIES BE EFICIARY BY OVERNIGHT COURIER, REGISTERED MAI OR OTHER RECEIPTED MEANS OF D IVERY SENT TO BENEFICIARY'S ABOVE -ST ED ADDRESS SIXTY (60) OR MORE DAY BEFORE THE THEN CURRENT EXPIRATION D E THAT ISSUER ELECTS NOT TO EXTEND . E EXPIRATION DATE. PAYMENT AGAINST • OMPLYING PRESENTATION SHALL BE MADE WITHI 3 BUSINESS DAYS AFTER PRESENTAT •N BY WIRE TRANSFER TO A DULY REQUESTED ACCO T OF BENEFICIARY. AN • DVICE OF SUCH PAYMENT SHALL BE SENT TO BENEFICIA Y'S ABOVE - STATED ADDRE PARTIAL AN r MULTIPLE DRAWINGS ARE PERMITTED. THIS ST DBY IS ISSUED SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 199: (ISP98) (INTER' ATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 590) AND, U.S. BANK NATIONAL ASS • IATION'S OBLIGATIONS UNDER THIS STANDBY ARE GOVERNED BY THE LAWS OFT' ST E OF NEW YORK. THE COURTS LOCATED IN THE STATE OF NEW YORK SHALL HAVE E CLUSIVE JURISDICTION OVER ANY ACTION TO ENFORCE U.S. BANK NATIONAL ASSOCIATION'S OBLIGATIONS UNDER THIS STANDBY. SLCMMSP11084 U.S. Bank 1 1 3 olY IPI ALL DOCUMENTS MUST BE ISSUED IN THE ENGLISH LANGUAGE EXCEPT THAT ANY STAMPS, \ LEGALIZATION, OR ENDORSEMENTS, SHOWN ON A DOCUMENT MAY BE IN A LANGUAGE usbank.CCTHER THAN ENGLISH. DOCUMENTS WHICH SHOW PRE-PRINTED FIELD HEADINGS IN BOTH GLISH AND A SECOND LANGUAGE ARE ALSO ACCEPTABLE. ANY PROPER NAMES (I . LUDING NAMES OF PERSONS, ENTITIES, VESSELS) THAT USE NON -LATIN CHARACTER MU BE TRANSLITERATED USING LATIN -ALPHABET CHARACTERS. bank ISSUER ,HALL NOT BE LIABLE FOR ANY DELAY, NON -RETURN OF DOCUMENTS, NON- PAYMEN , OR OTHER ACTION OR INACTION COMPELLED BY A JUDICIAL ORDER OR BY ANY LAW OR RE ULATION APPLICABLE TO ISSUER. !' COLLA T U.S. BANK NATIO L ASSOCIATION AUTHOR SIGNATUE RELEASED EEF FRAM AS by BoardRDNO4ONGdataCounty REQUIRED by. �•?y ty Commissioners °mmiss D Deputy Cie °hors 0theB SLCMMSP 11084 U.S. Bank 2 13 ANNEXED PAYMENT DEMAND SERT DATE] COLLATERAL RELEASED NO LO date: /91,2, County Commissioners REQUIRED by Boar 9c ers d of by. TO: , .S. BANK NATIONAL ASSOCIATIOi. Deput, C f! 800 N OLLET MALL MINNE OLIS, MN 55402 ATTN: GLOBAL TRADE & STANDBY SERVICES, BC-MN-H2OG RE: STANDB ETTER OF CREDIT NO. SLCMMSP11084, DATED JANUARY 13, 2023, SUED BY U.S. BANK NA +NAL ASSOCIATION ("STANDBY") THE UNDERSIGNE BENEFICIARY DEMANDS PAYMENT OF [INSERT CURREN/AMOUNT] UNDER THE STAND BENEFICIARY STATES APPLICANT IS OBLIGATED TO AY THE BENEFICIARY THE AMOUN ' DEMANDED UNDER (OR IN CONNECTION WITH) THE AGRE. MENT RLDF22-0002 BETWEEN : ' NEFICIARY AND APPLICANT FOR ROAD CONSTRUCTION COS BENEFICIARY REQUESTS THAT PAYM T BE MADE BY ! ' E TRANSFER TO AN ACCOUNT OF BENEFICIARY AS FOLLOWS: [INSERT NA E, ADDRESS, • ND ROUTING NUMBER OF BENEFICIARY'S BANK, AND NAME AND NU BER OF B` EFICIARY'S ACCOUNT]. BOARD OF COUNTY COMMISSIONERS WELD COUNTY 1555 NORTH 17TH AVE GREELEY, CO 80631 BY ITS AUTHORIZED OFFICER: [INSERT ORIGINAL SIGNATURE] [INSERT TYPED/PRINTED NAME A TITLE] dirf SLCMMSP11084 U.S. Bank 3] 3 embank. usbank.com U.S. BANK NATIONAL ASSOCIATION GLOBAL TRADE & STANDBY SERVICES, BC-MN-H2OG 800 NICOLLET MALL MINNEAPOLIS, MN 55402 FEBRUARY 8, 2024 SWIFT: USBKUS44 TELEPHONE: 612-303-7395 612-303-7374 FACSIMILE: 612-303-5226 IRREVOCABLE LETTER OF CREDIT NUMBER SLCMMSP12243 BENEFICIARY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY 1555 NORTH 17TH AVE GREELEY, CO 80631 AMOUNT: USD 53,760.00 APPLICANT: CLAYTON HOMES, INC DBA CLAYTON HOMES #277 3455 W SERVICE RD EVANS, CO 80620 EXPIRATION DATE: JANUARY 31, 2025, OR AS EXTENDED AT THE REQUEST AND FOR THE ACCOUNT OF CLAYTON HOMES, INC DBA CLAYTON HOMES #277 ("APPLICANT'), WE U.S. BANK NATIONAL ASSOCIATION 800 NICOLLET MALL, MINNEAPOLIS, MN 55402, ATTN: GLOBAL TRADE & STANDBY SERVICES, BC-MN-H2OG ("ISSUER") ISSUE THIS IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER SLCMMSP12243 ("STANDBY") IN FAVOR OF BOARD OF COUNTY COMMISSIONERS WELD COUNTY ("BENEFICIARY") IN THE MAXIMUM AGGREGATE AMOUNT OF USD 53,760.00. ISSUER UNDERTAKES TO BENEFICIARY TO PAY BENEFICIARY'S DEMAND FOR PAYMENT IN THE CURRENCY AND FOR AN AMOUNT AVAILABLE UNDER THIS STANDBY AND IN THE FORM OF THE ANNEXED PAYMENT DEMAND COMPLETED AS INDICATED AND PRESENTED TO ISSUER AT THE FOLLOWING PLACE FOR PRESENTATION: U.S. BANK NATIONAL ASSOCIATION, 800 NICOLLET MALL, MINNEAPOLIS, MN 55402, ATTN: GLOBAL TRADE & STANDBY SERVICES, BC- MN-H2OG, ON OR BEFORE THE EXPIRATION DATE. THE EXPIRATION DATE OF THIS STANDBY IS JANUARY 31, 2025. THE EXPIRATION DATE OF THIS STANDBY SHALL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE ONE YEAR PERIODS, UNLESS ISSUER NOTIFIES BENEFICIARY BY OVERNIGHT COURIER, REGISTERED MAIL OR OTHER RECEIPTED MEANS OF DELIVERY SENT TO BENEFICIARY'S ABOVE -STATED ADDRESS SIXTY (60) OR MORE DAYS BEFORE THE THEN CURRENT EXPIRATION DATE THAT ISSUER ELECTS NOT TO EXTEND THE EXPIRATION DATE. PAYMENT AGAINST A COMPLYING PRESENTATION SHALL BE MADE WITHIN 3 BUSINESS DAYS AFTER PRESENTATION BY WIRE TRANSFER TO A DULY REQUESTED ACCOUNT OF BENEFICIARY. AN ADVICE OF SUCH PAYMENT SHALL BE SENT TO BENEFICIARY'S ABOVE - STATED ADDRESS. PARTIAL AND MULTIPLE DRAWINGS ARE PERMITTED. THIS STANDBY IS ISSUED SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998 (ISP98) (INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 590) AND, U.S. BANK NATIONAL ASSOCIATION'S OBLIGATIONS UNDER THIS STANDBY ARE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK. THE COURTS LOCATED IN THE STATE OF NEW YORK SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY ACTION TO ENFORCE U.S. BANK NATIONAL ASSOCIATION'S OBLIGATIONS UNDER THIS STANDBY. SLCMMSP12243 U.S. Bank 1 13 embank. usbank.eom ALL DOCUMENTS MUST BE ISSUED IN THE ENGLISH LANGUAGE EXCEPT THAT ANY STAMPS, LEGALIZATION, OR ENDORSEMENTS, SHOWN ON A DOCUMENT MAY BE IN A LANGUAGE OTHER THAN ENGLISH. DOCUMENTS WHICH SHOW PRE-PRINTED FIELD HEADINGS IN BOTH ENGLISH AND A SECOND LANGUAGE ARE ALSO ACCEPTABLE. ANY PROPER NAMES (INCLUDING NAMES OF PERSONS, ENTITIES, VESSELS) THAT USE NON -LATIN CHARACTERS MUST BE TRANSLITERATED USING LATIN -ALPHABET CHARACTERS. ISSUER SHALL NOT BE LIABLE FOR ANY DELAY, NON -RETURN OF DOCUMENTS, NON- PAYMENT, OR OTHER ACTION OR INACTION COMPELLED BY A JUDICIAL ORDER OR BY ANY LAW OR REGULATION APPLICABLE TO ISSUER. U.S. BANK NATIONAL ASSOCIATION AUTHORIZED SIGNATURE SLCMMSP12243 U.S. Bank 213 ANNEXED PAYMENT DEMAND [INSERT DATE] TO: U.S, BANK NATIONAL ASSOCIATION 800 NICOLLET MALL MINNEAPOLIS, MN 55402 ATTN: GLOBAL TRADE & STANDBY SERVICES, BC-MN-H2OG RE: STANDBY LETTER OF CREDIT NO. SLCMMSP12243, DATED FEBRUARY 8, 2024, ISSUED BY U.S. BANK NATIONAL ASSOCIATION ("STANDBY") THE UNDERSIGNED BENEFICIARY DEMANDS PAYMENT OF [INSERT CURRENCY/AMOUNT] UNDER THE STANDBY. BENEFICIARY STATES THAT: APPLICANT IS OBLIGATED TO PAY THE BENEFICIARY THE AMOUNT DEMANDED UNDER (OR IN CONNECTION WITH) THE AGREEMENT RLDF22-0002 BETWEEN BENEFICIARY AND APPLICANT FOR ROAD CONSTRUCTION COSTS, BENEFICIARY REQUESTS THAT PAYMENT BE MADE BY WIRE TRANSFER TO AN ACCOUNT OF BENEFICIARY AS FOLLOWS: [INSERT NAME, ADDRESS, AND ROUTING NUMBER OF BENEFICIARY'S BANK, AND NAME AND NUMBER OF BENEFICIARY'S ACCOUNT]. BOARD OF COUNTY COMMISSIONERS WELD COUNTY 1555 NORTH 17TH AVE GREELEY, CO 80631 BY ITS AUTHORIZED OFFICER: [INSERT ORIGINAL SIGNATURE] [INSERT TYPED/PRINTED NAME AND TITLE] SLCMMSP12243 U.S. Bank 313 S0S.0,MSS11CIUJE..MNVA/j:SCIJ,L1 a a 7123ION HA a E LTR 1 OF 1 03-73 4 U.S. BANK 800 NiCOLLET MALL MMNEAkkEs MN 55402 5 BaitD OF COUNTY COMMISSIONERS 1555 NORTH 17TH AVE GREELEY Co 80631-9117 • . : iii ,,• • - CO 806 3-01 UPS NEXT DAY AIR SAVER ip TRACKING #: 1Z 872 RF5 13 9564 5917 1111111111111111111 BILLING: P/P Reference # 1: 3000011311EMEIPkg Unique Identifi , 4MSP� T. w v e.nw ov7.az�+ embank usbenk.com U.S. BANK NATIONAL ASSOCIATION SWIFT: USBKUS44 GLOBAL TRADE & STANDBY SERVICES, BC-MN-H2OG TELEPHONE: 612-303-7395 800 NICOLLET MALL 612-303-7374 MINNEAPOLIS, MN 55402 FACSIMILE: 612-303-5226 NOTICE OF NON -EXTENSION 10/20/23 BOARD OF COUNTY COMMISSIONERS WELD COUNTY 1555 NORTH 17TH AVENUE GREELEY, CO 80631 RE: STANDBY LETTER OF CREDIT NO. SLCMMSP11084 DATE OF ISSUANCE: JANUARY 13, 2023 APPLICANT: CLAYTON HOMES INC DBA CLAYTON HOMES NO 277 3455 W SERVICE RD EVANS CO 80620 IN ACCORDANCE WITH THE TERMS OF THIS STANDBY LETTER OF CREDIT YOU ARE NOTIFIED THAT WE DO NOT ELECT TO EXTEND THIS INSTRUMENT FOR ANY ADDITIONAL PERIOD OF TIME. THE STANDBY WILL, THEREFORE, EXPIRE AT OUR COUNTERS ON DECEMBER 31, 2023 WITH NO FURTHER EXTENSIONS. REGARDS, U.S. BANK NATIONAL ASSOCIATION tZEDSIGN?ATUR, CC: CLAYTON HOMES INC DBA CLAYTON HOMES NO 277 3455 W SERVICE RD EVANS CO 80620 CC: (RM) RESOLUTION RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT PROJECT COLLATERAL FOR CERTAIN ON -SITE IMPROVEMENTS AND ALL OFF -SITE IMPROVEMENTS FOR SITE SPECIFIC DEVELOPMENT PLAN AND RURAL LAND DIVISION FINAL PLAN, RLDF22-0002 - CMH HOMES, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on October 26, 2022, the Weld County Board of Commissioners approved the application of CMH Homes, Inc., 3455 West Service Road, Evans, Colorado 80620, for a Site Specific Development Plan and Rural Land Division Final Plan, RLDF22-0002, for four (4) lots with A (Agricultural) Zone District Uses, on the following described real estate, being more particularly described as follows: Being part of the E1/2 SE1/4 of Section 36, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Tracy Johnson, CMH Homes, Inc., 3455 West Service Road, Evans, Colorado 80620, and WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and CMH Homes, Inc., with further terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Irrevocable Letter of Credit #SLCMMSP11084 issued by U.S. Bank National Association, Attn: Global Trade and Standby Services, BC-MN-H2OG, 800 Nicollet Mall, Minneapolis, Minnesota 55402, in the amount of $53,760.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Irrevocable Letter of Credit #SLCMMSP11084, 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 and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and CMH Homes, Inc., be, and hereby is, approved. 4090047 P1 45111842121 1. aee„en s a F.a: Oe court co tIIIN��irl�+�Llk'�r�lM'�7Fh'4YNlli �I III CC : P6(TF/M►r/De/STH /KR /pe) O5/24/23 2023-1273 PL2843 IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT (RLDF22-0002) - CMH HOMES, INC. PAGE 2 BE R FURTHER RESOLVED that Irrevocable Letter of Credit #SLCMMSP11084 issued by U.S. Bank National Association, Attn: Global Trade and Standby Services, BC-MN-H2OG, 800 Nicollet Mall, Minneapolis, Minnesota 55402, in the amount of $53,760.00, be and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of May, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 947, 3 "teal.'" e! : e F.:s?e se CI�rlY KaPW�� Cl� ad Rwordu�, Wld County , Co I 1i4� ��f9kJ�ili giii ��a III 2023-1273 PL2843 /0¢ G'1c BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item - Approve On -Site Improvements Agreement for: CMH Homes, Inc. — RLDF22-0002 DEPARTMENT: Planning Services DATE: April 18, 2023 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the p ebiern/tssue: The Department of Planning Services received a request from the applicant, CMH Homes, Inc., requesting that the Board of County Commissioners consider approving the On -Site Improvements Agreement for (RLD22-0002). Collateral in the amount of $53,780.00 is required with this agreement. Collateral has been provided in the form of Irrevocable Letter of Credit Number SLCNNSP11084, issued by U.S. Bank National Association, 800 Nicollet Mall, Minneapolis, Minnesota 55402. Weld County Planning Services, Public Works, and the County Attomey's Office have reviewed the above mentioned signed original document and observed the following: • All Public Works related items, of the "Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements", are found to be acceptable. • Thia Agreement complies with the terms of the Rural Land Division Permit conditional approval, as signed by the Director of Planning Services. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Recommendation: Option 2. The Departments of Planning Services, Public Works, and the County Attomey's Office are recommending approval of the Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements for RLDF22-0002, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. 9 Recommendation iffsdifsalan Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Seine 5/f CPS) 2023-1273 PL27-13 CPS. BANK NATIONAL ASSOCIATION GLOBAL TRADE & STANDBY SERVICES, BC-MN-H2OG wbank e8Q0 NICOLLET MALL MINNEAPOLIS, MN 55402 bank SWIFT: USBKUS44 TELEPHONE: 612-303-7395 612-303-7374 FACSIMILE: 612-303-5226 IRREVOCABLE LETTER OF CREDIT NUMBER SLCMMSP11084 JANURRY 13, 2023 BENEFICIARY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY 1555 NORTH 17TH AVE GREE_EY, CO 80631 AMOLI IT: USD 53,760.00 APPLICANT: CLAYTON HOMES, INC DBA CLAYTON HOMES #277 3455 W SERVICE RD EVANS, CO 80620 EXPIRATION DATE: DECEMBER 31, 2023, OR AS EXTENDED AT TI -E REQUEST AND FOR THE ACCOUNT OF CLAYTON HOMES, INC DBA CLAYTON HOMES #277 (APPLICANT"), WE U.S. BANK NATIONAL ASSOCIATION 800 NICOLLET MALL, MINNEAPOLIS, MN 55402, ATTN: GLOBAL TRADE & STANDBY SERVICES, BC-MN-H2OG ("ISSUER") ISSUE THIS IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER SLCMMSP11084 ("STANDBY") IN FAVOR OF BOARD OF COUNTY COMMISSIONERS WELD COUNTY ("BENEFICIARY") IN THE MAXIMUM AGGREGATE AMOUNT OF USD 53,760.00. ISSUER UNDERTAKES TO BENEFICIARY TO PAY BENEFICIARY'S DEMAND FOR PAYMENT IN THE C.JRRENCY AND FOR AN AMOUNT AVAILABLE UNDER THIS STANDBY AND IN THE FORM OF THE: ANNEXED PAYMENT DEMAND COMPLETED AS INDICATED AND PRESENTED TO ISSUER AT THE FOLLOWING PLACE FOR PRESENTATION: U.S. BANK NATIONAL ASSOCIATION, 800 NICOLLET MALL, MINNEAPOLIS, MN 55402, ATTN: GLOBAL TRADE & STANDBY SERVICES, BC- MN-H2DG, ON OR BEFORE THE EXPIRATION DATE. THE EXPIRATION DATE OF THIS STANDBY IS DECEMBER 31, 2023. THE EXPIRATION DATE OF THIS STANDBY SHALL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE ONE YEAR PERIODS, UNLESS ISSUER NOTIFIES BENEFICIARY BY OVERNIGHT COURER, REGISTERED MAIL OR OTHER RECEIPTED MEANS OF DELIVERY SENT TO BENEFICIARY'S ABOVE -STATED ADDRESS SIXTY (60) OR MORE DAYS BEFORE THE THEN CURRENT EXPIRATION DATE THAT ISSUER ELECTS NOT TO EXTEND THE EXPIRATION DATE. PAYMENT AGAINST A COMPLYING PRESENTATION SHALL BE MADE WITHIN 3 BUSINESS DAYS AFTER PRESENTATION BY WIRE TRANSFER TO A DULY REQUESTED ACCOUNT OF BENEFICIARY. AN ADVICE OF SUCH PAYMENT SHALL BE SENT TO BENEFICIARY'S ABOVE - STATE) ADDRESS. PARTIAL AND MULTIPLE DRAWINGS ARE PERMITTED. THIS STANDBY IS ISSUED SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998 (ISP98) (INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 590) AND, U.S. BANK NATIONAL ASSOCIATION'S OBLIGATIONS UNDER THIS STANDBY ARE GOVERNED BY THE LAWS OF THE STATEOF NEW YORK THE COURTS LOCATED IN THE STATE OF NEW YORK SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY ACTION TO ENFORCE U.S. BANK NATIONAL ASSOCIATION'S OBLIGATIONS UNDER THIS STANDBY. SLCMMSP11084 U.S. Bank 113 bank TALL DOCUMENTS MUST BE ISSUED IN THE ENGLISH LANGUAGE EXCEPT THAT ANY STAMPS, STAM , LEGALIZATION, OR ENDORSEMENTS, SHOWN ON A DOCUMENT MAY BE IN A LANGUAGE u�benk.cQ1�HER THAN ENGLISH. DOCUMENTS WHICH SHOW PRE-PRINTED FIELD HEADINGS IN BOTH ENGLISH AND A SECOND LANGUAGE ARE ALSO ACCEPTABLE. ANY PROPER NAMES (INCLUDING NAMES OF PERSONS, ENTITIES, VESSELS) THAT USE NON -LATIN CHARACTERS MUST BE TRANSLITERATED USING LATIN -ALPHABET CHARACTERS. ISSUER SHALL NOT BE LIABLE FOR ANY DELAY, NON -RETURN OF DOCUMENTS, NON- PAYMENT, OR OTHER ACTION OR INACTION COMPELLED BY A JUDICIAL ORDER OR BY ANY LAW OR REGULATION APPLICABLE TO ISSUER. U.S. BANK NATIONAL ASSOCIATION AUTHOR ' ED SIGNATU - E SLCMMSP110S4 U.S. Bank 2 I ANNEXED PAYMENT DEMAND [INSERT DATE] TO: U.S. BANK NATIONAL ASSOCIATION 800 NICOLLET MALL MINNEAPOLIS, MN 55402 ATTN. GLOBAL TRADE & STANDBY SERVICES, BC-MN-H2OG RE: STANDBY LETTER OF CREDIT NO. SLCMMSP11084, DATED JANUARY 13, 2023, ISSUED BY U.S. BANK NATIONAL ASSOCIATION ("STANDBY") THE UNDERSIGNED BENEFICIARY DEMANDS PAYMENT OF [INSERT CURRENCY/AMOUNT] UNDER THE STANDBY. BENEFICIARY STATES THAT: APPLICANT IS OBLIGATED TO PAY THE BENEFICIARY THE AMOUNT DEMANDED UNDER (OR IN CONNECTION WITH) THE AGREEMENT RLDF22-0002 BETWEEN BENEFICIARY AND APPLICANT FOR ROAD CONSTRUCTION COSTS. BENEFICIARY REQUESTS THAT PAYMENT BE MADE BY WIRE TRANSFER TO AN ACCOUNT OF BENEFICIARY AS FOLLOWS: [INSERT NAME, ADDRESS, AND ROUTING NUMBER OF BENEFICIARY'S BANK, AND NAME AND NUMBER OF BENEFICIARY'S ACCOUNT]. BOARD OF COUNTY COMMISSIONERS WELD COUNTY 1555 NORTH 17TH AVE GREELEY, CO 80631 BY ITS AUTHORIZED OFFICER: [INSERT ORIGINAL SIGNATURE] [INSERT TYPED/PRINTED NAME AND TITLE] SLCMMSP11084 U.S. Bank 3) 3 IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS CMH Homes, Inc. - RLDF22-0002 THIS AGREEMENT is made this bid day of 202,k, by and between CMH Homes, Inc., whose address is 3455 West Service Road, Evans, Colorado 8 20, hereinafter referred to as "Property Owner," authorized to do business in the State of Colorado, and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Property Owner is the owner of the following described property in the County of Weld, Colorado: Being a part of the E1/2 SEl/4 of Section 36, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, Property Owner has received Board of County Commissioner approval of the Rural Land Division Final Plan, RLDF22-0002, for four (4) lots with A (Agricultural) Zone District Uses, and WHEREAS, Property Owner acknowledges that the final approval of RLDF22-0002 is conditional upon Property Owner's funding and/or construction of the on -site and off -site improvements described in this Agreement and depicted in the following incorporated exhibits: Exhibit A-1 — Off -Site Improvements Costs of Construction, Exhibit B-1 — Off -Site Improvements Construction Schedule, Exhibit A-2 — On -Site Improvements Costs of Construction, Exhibit B-2 — On -Site Improvements Construction Schedule, Exhibit C — Construction Plans, Exhibit D — Plat Map (recorded simultaneously with this Agreement), and WHEREAS, Property Owner acknowledges no building permits will be issued for any lot described in RLDF22-0002 until said improvements have been completed and accepted by County, and WHEREAS, Property Owner aclmowledges that pursuant to the provisions of Weld County Code Sec. 24-6-80, if no construction has begun or no use established within three (3) years of the date of the approval of the final plan or plat, the Board of County Commissioners may require the Property Owner to appear before it and present evidence substantiating that the development has not been abandoned, and that the Property Owner has the willingness and ability to continue development, and WHEREAS, the parties agree that the Property Owner shall provide collateral for certain on -site and off -site improvements required by this Agreement when the Board of County Commissioners approves this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant, and agree as follows: CMH Homes, Inc. — RLD22-0002 - ONSIA22-0005 Page 1 of 1 1 02425-/ 73 PART I: SITE SPECIFIC PROVISIONS A. Off -Site Improvements Its required by the BOCCI: The Property Owner shall be responsible for the construction of certain off -site safety improvements identified in the RLD hearing Resolution, which may include, but are not limited to construction of adequate turning radii of sixty-five (65) feet at the main entrances and exits which extend into county road ROW connecting to the county road system, and off -site drainage and signage installations, as indicated on the accepted Exhibits. On -Site improvements that create more run-off than the historical amount may require off -site drainage improvements to roads and ROW. Additional Off -Site Improvements to be constructed prior to operation are: 1) Design and construct the approved, upgraded access road intersection with Weld County Road 38. Providing all construction materials and meeting the Weld County Code specifications and CDOT specifications for Road and Bridge Construction, beginning with a county approved tie-in at the approved site access and Weld County Road 38. 1.0 Road Improvements Responsibilities. Property Owner is solely responsible for all the off -site designated improvements. These responsibilities may include but are not limited to the following: design, surveys, utility locates, acquisition of ROW, if necessary, dedication of ROW, if necessary, ROW and Access Permits and fees, coordination with oil and gas operators and facilities and affected irrigation facilities, and utilities, traffic control, and project safety during construction. Property Owner shall obey all applicable regulations issued by OSHA, CDOT, CDPHE, and other federal, state, or county regulatory agencies. 2.0 Cost of Construction Exhibit. The cost of construction estimates (engineer's estimate) as identified in Exhibit A-1 detail the costs used in determining the collateral requirement for the off -site improvements related to the development. A registered Colorado Engineer must sign and stamp the construction cost exhibit on Exhibit A-1. If more than three (3) years have passed since the last construction cost estimate was provided, the Property Owner shall provide an updated construction cost estimate prior to the start of construction. 3.0 Construction Schedule Exhibit. Exhibit B-1 is provided by the Property Owner indicating the construction schedule for all off -site improvements, including an anticipated completion date. Property Owner shall not commence construction of any improvements, record plat, or receive any permitting prior to approval of the of this Agreement, the attached Exhibit C, receipt of the appropriate Grading Permit, Access Permit, and/or ROW Permit. Property Owner shall substantially complete all improvements in accordance with Exhibit B-1 in order to request the warranty period begin. In the event that the construction schedule is not current, the Property Owner shall submit a revised construction schedule. 4.0 Off -site Improvements Collateral. As required, collateral is accepted and released by the Board of County Commissioners pursuant to the Weld County Code. Additional information about collateral is outlined in Part II.B of this Agreement. B. On -Site Improvements: Property Owner shall be responsible for the construction of all On -Site Improvements as shown on the accepted Exhibits of RLDF22-0002. Improvements located on the Property shall be considered "On -Site Improvements." 1.0 On -Site Improvements Responsibilities. Property Owner is solely responsible for all designated improvements. These responsibilities include but are not limited to the following, as applicable: design, surveys, utility locates, dedication of ROW, if necessary, ROW acquisition, if necessary, ROW and Access Permits and fees, coordination with oil and gas operators and facilities and affected irrigation facilities and CM H Homes, Inc. — RLD22-0002 - ONSIA22-0005 Page 2 of 11 utilities, traffic control, and project safety during construction. Property Owner shall at its own expense, plant, install and/or maintain all grass and other landscaping and re -seeding where applicable as shown on the accepted Exhibits. Property Owner shall obey all applicable regulations issued by the Occupational Safety and Health Administration (OSHA), Colorado Department of Transportation (CDOT), Colorado Department of Public Health and Environment (CDPHE), and other Federal, State, or County regulatory agencies. 2.0 On -Site Grading, Drainage Facilities. Property Owner shall, at its sole expense, grade specified roadways, accesses, easements, and parking areas, and install accepted drainage and signage components, adjacent to or within the interior portion of the property in accordance with the directives of the Weld County Department of Public Works and Department of Planning Services, as further described in the accepted Exhibits. Any other on -site improvements shall be completed as indicated on the accepted Construction Plans for this development. Property Owner shall be responsible for all maintenance of the on -site improvements. Some of these improvements may include work extending into State or County ROW in which case a ROW and/or access permit is required. 3.0 Cost of Construction Exhibit. If applicable, A registered Colorado Engineer or equivalent must sign and stamp the construction cost estimate on Exhibit A-2. If more than three (3) years have passed since the last construction cost estimate was provided, the Property Owner shall provide an updated construction cost estimate prior to the start of construction. 4.0 Construction Schedule Exhibit, Exhibit B-2, provided by the property owner indicates the construction schedule for all on -site improvements, including an anticipated completion date. Property Owner shall not commence construction of improvements prior to approval of this Agreement, including the attached Exhibits, and receipt of the appropriate Grading Permit, Access Permit, and/or ROW Permit, if applicable. Property Owner shall substantially complete all improvements in accordance with Exhibit B-2 in order to request the warranty period begin. In the event that the construction schedule is not current, the Property Owner shall submit a revised construction schedule. 5.0 On -site Improvements Collateral. Collateral is accepted and released by the Board of County Commissioners pursuant to the Weld County Code. In order to receive partial or full release of collateral, Property Owner must contact either the Planning Department who conducts inspections for all on -site and off -site improvements, and the Public Works Department who conducts inspections for all off -site improvements. If all improvements are determined to be in accordance with this approved agreement, the Property Owner may submit either new or revised collateral documentation to the Planning Services Department. Then Planning Services submits the documentation to the Clerk to the Board's office, for the request to be placed on the BOCC agenda. Additional information about collateral is outlined in Part II.B of this Agreement. 6.0 As -Built Plans. "As -built" plans shall be submitted once the Property Owner has completed improvements as described in Part II.B, Subsection 3.2.3, of this Agreement. Property Owner shall provide an electronic copy of the as -built drawings. The as -built drawings shall be stamped, signed, and dated by a licensed and registered Professional Land Surveyor or Professional Engineer, registered in the State of Colorado. PART II: GENERAL PROVISIONS A. Engineerinn and Construction Requirements: 1.0 Engineering Services. Property Owner shall furnish to County, at its own expense, all engineering services in connection with the design and construction of the off -site improvements and all on -site CMH Homes, Inc. — RLD22-00112 — ONSIA22-11005 Page 3of11 drainage -related structures if required by any Municipal Separate Stone Sewer System (MS4) permit, identified on the accepted Construction Plans according to the construction schedule set forth in the constsuction schedule exhibits. 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. 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. 2.0 Rights -of -Way and Easements. Before commencing the construction of any off -site improvements herein agreed upon for public ROW or easements, Property Owner shall acquire, at its sole expense, good and sufficient ROW and easements made necessary for the improvements. The County will not exercise eminent domain on behalf of Property Owner. All such ROW and easements for the construction of roads to be accepted by the County shall be conveyed to the County on County -approved forms and the documents of conveyance shall be furnished to the County for acceptance with express written authority of the BOCC and recording. 3.0 Construction, Property Owner shall furnish and install, at its own expense, the improvements (and any drainage -related structures required by any MS4 permit) identified on the accepted Exhibits and shall be solely responsible for the costs listed on the cost of construction exhibits, with the improvements being completed also in accordance with the schedule set forth in the construction schedule exhibits. The Board of County Commissioners, at its option, may grant an extension of the time of completion set forth in constriction schedule exhibits stated herein upon application by the Property Owner. Said construction shall be in strict conformance to the plans and drawings accepted by the County and the specifications adopted by the County. 4.0 Testing. Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results, Property Owner shall employ at its expense a third -party qualified testing company approved by County. Such third party shall furnish the certified results of all such testing to the County. At all times during said construction, the County shall have the right to test and inspect material and work, or to require testing and inspection of material and work at Property Owner's expense. Any material or work not conforming to the approved plans and specifications, including but not limited to damages to property adjacent to the construction plan area shall be repaired, removed, or replaced to the satisfaction of the County at the expense of Property Owner. 5.0 Construction Standards. Design and construction of all off -site improvements shall conform to the current version of CDOT's "Standard Specifications for Road and Bridge Construction" and the Weld County Engineering and Construction Criteria. 6.0 Traffic Control. Prior to any construction in County and/or State ROW, and as a condition of issuance of any ROW or Access Permit, the Property Owner shall submit a traffic control plan for County review. During construction, appropriate safety signage shall be posted in accordance with the then -current version of the Manual of Uniform Traffic Control Devices. B. Collateral: 1.0 General Rectuirements for Collateral. Property Owner shall provide to County collateral to guarantee all of Property Owner's obligations under this Agreement: (1) Project Collateral is required for completion of certain on -site and all off -site improvements as applicable, as described in this Agreement; (2) Warranty Collateral is required for all off -site improvements during the two-year warranty period; and CMH Homes, Inc. — RLD22-0002 - ONSIA22-0005 Page 4 of l l (3) Road Maintenance Collateral is required to be kept in place for the life of the permit/project. Collateral acceptance and release is governed by the Weld County Code. 1.1 Project Collateral shall be submitted to guarantee completion of certain on -site and all required off -site improvements identified in the Exhibits. Project Collateral must be submitted in an amount equal to 100% of the value of the improvements, as calculated in the cost of construction exhibits. Project Collateral must be submitted at the time of execution of the Agreement, unless otherwise directed by the Board of County Commissioners. In the event that Property Owner fails to adequately complete the required improvements, County may, in its sole discretion, access Project Collateral for the purpose of completing such improvements. It may be necessary to provide additional collateral in the event the cost estimate is older than three (3) years. NO WORK SHALL COMMENCE UNTIL PROJECT COLLATERAL HAS BEEN SUBMITTED AND ACCEPTED BY THE COUNTY. 1.2 Warranty Collateral shall be submitted and held by the County until release after the two- year warranty period following the County's initial approval of the improvements. Warranty Collateral shall be in an amount equal to 15% of Project Collateral. In the event that Property Owner fails to adequately complete or repair improvements during the warranty period, County may, in its sole discretion, access Warranty Collateral for the purpose of completing such improvements. 2.0 Form of Collateral. Collateral may be in the form of a letter of credit, a surety bond, or a cash deposit, subject to the requirements and restrictions of section 2-3-30 of the Weld County Code, as that section may be amended from time to time. 3.0 Release of Collateral. Collateral shall be released in accordance with section 2-3-30 of the Weld County Code. For collateral release, the Planning Department conducts inspections for on -site and off -site improvements, and the Department of Public Works conducts inspections for off -site improvements. 3.1 Timing of Release. Project Collateral may be released upon completion of all improvements required by the Exhibits after initial approval by the County. Warranty Collateral shall be withheld by County from and at the time of release of Project Collateral or may be submitted separately by Property Owner. Warranty Collateral may be released upon the approval of the County at the end of the two-year warranty period. Road Maintenance Collateral may be withheld from and at the time of release of Warranty Collateral or maybe submitted separately by Property Owner. R tiss v a 3.2 Request for Release of Collateral. Prior to release of collateral by Weld County for the entire project or fora portion of the project, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 3.2.1 The Property Owner's 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 accepted by Weld County. 3.2.2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (COOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. CMH Homes, Inc. — RLD22-0002 - ONSIA22-0005 Page 5 of 11 3.2.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or at such time as the Property Owner has completed improvements as shown on the Exhibit C and/or Exhibit D and shall be stamped and approved by an Engineer registered in the State of Colorado, if an Engineer was initially required for the project. The Property Owner's 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 written acceptance from the County Engineer. 3.3 County's Response to Request for Release of Collateral. Following a written request for release of collateral, County personnel will inspect the improvements as provided in this Agreement. Upon approval, the Board of County Commissioners may release said collateral. C. Acceptance of Improvements: 1.0 Acceptance of On -Site Improvements: Upon completion of construction of all required on -site improvements as described in the Construction Plans, Property Owner shall submit to the Weld County Department of Planning a Statement of Substantial Compliance and shall request inspection of the On -Site Improvements. County personnel shall then inspect the improvements. If the County determines the improvements were not constructed in accordance with the Construction Plans, the County shall direct the Property Owner to correct the deficiencies. If the County determines the improvements were constructed in accordance with the Construction Plans, the County shall accept the improvements and request the Board of County Commissioners authorize release of collateral for On -Site Improvements. 2.0 Acceptance of Off -Site improvements: Upon completion of the off -site improvements, Property Owner shall contact the Weld County Departments of Planning Services and Public Works and request an inspection of such improvements. Upon request, County personnel will initiate the inspection, approval, and acceptance process. 3.0 Inspection. Approval, and Acceptance Process: ltd a Nop`� irlu. e~. orsi R P*1 3.1 Upon completion of construction of all off -site improvements as described in the Construction Plans, Property Owner shall submit to the Weld County Department of Planning Services a Statement of Substantial Compliance by Property Owner's Engineer along with "as - built" drawings as required in B.3.2.3, above, and shall request County inspection of the Off -Site Improvements. County personnel shall then inspect the improvements. If the County determines the improvements were not constructed in accordance with the Construction Plans, the County shall direct the Property Owner to correct the deficiencies. If the County determines the improvements were constructed in accordance with the Construction Plans, the County shall initially accept the Off -Site Improvements. 3.2 Two -Year Warranty Period. Such initial approval begins the two-year warranty period. Upon completion of the two-year warranty period, County Planning Services personnel shall, upon request by the Property Owner, inspect the subject improvements, and notify the Property Owner of any deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies. County personnel shall re -inspect the improvements after notification from the Property Owner that said deficiencies have been corrected. If the County personnel fords that the improvements are constructed according to County standards, personnel shall accept the improvements. Such final acceptance shall authorize the Property Owner to request the Board of County Commissioners to release the Warranty Collateral. CMH Homes, Inc. — RLD22-0002 - ONSIA22-0005 Page 6 of 11 3.3 Placement of improvements into Service Prior to County Approval. If requested by the Property Owner and agreed upon by the County, portions of the improvements may be placed in service when completed according to the schedule shown on the construction schedule exhibit, but such use and operation shall not alone constitute an approval or acceptance of said portions of the improvements. County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but not completed according to the schedule shown on the construction schedule exhibit and may continue to issue building permits so long as the progress of work on the improvements is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Property Owner. 3.4 The Board of County Commissioners does not accept any On -Site Improvements for maintenance purposes. On -Site Improvements may only be accepted as dedicated for public use. Maintenance of on -site improvements is the responsibility of the Property Owner or its successor, including the Homeowners' Association. The Board of County Commissioners does not represent or ensure the on -site improvements will be constructed and/or available for their intended use(s). The County does not and shall not assume liability for improvements designed and/or constructed by others. D. Permits, The Property Owner is required to apply for and receive all permits required by the County or any other applicable local, State, or federal permit, including but not limited to: 1.0 Access Permits. Property Owner shall not use any access onto any County Road unless and until an access permit has been issued by the Department of Planning Services. Planning Services may condition the issuance of an updated access permit on the amendment of this Agreement if the updated access permit authorizes the use of an additional access point, or if there is a change in use of the current access point, as permitted by Article XIV of Chapter 8 of the Weld County Code. 2.0 Right -of -Way (ROW) Permits. Per Article XIII of Chapter 8 of the Weld County Code, any work occurring within County ROW requires a ROW permit issued by the Department of Public Works. No work shall occur without said ROW permit. 3.0 Transport Penults. Per Article XV of Chapter 8 of the Weld County Code, a Weld County Transport Permit is required for Extra -legal vehicles using Weld County roadways to ensure the operation and movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner. a 84 !g3 OV .+ z E. Enforcement and Remedies; 1.0 Violation of Terms of Agreement. If in County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that the violation is continuing, County may consider Property Owner to be in breach of this Agreement. 2.0 Remedies for Breach by Property Owner. In the event that County determines that Property Owner has violated the terms of this Agreement, and has failed to correct said violation, County may exercise any or all of the following remedies, or any other remedy available in law or equity. 2.1 Access and Use of Collateral. County may access and use collateral to address the issues specific to the violation. For example, the County may access and use Project Collateral in order to complete improvements as required by the Construction Plans, when such improvements have not CMH Homes, Inc. — RLD22-0002 - ONSIA22-0005 Page T of 11 been completed in accordance with the Construction Schedule. 2.2. Withholding Permits. County may "lock" any or all lots within the Property, which precludes the continued issuance of building permits, zoning permits, septic permits, or any other permit issued by any department of the County. 2.3 Court Action. County may seek relief in law or equity by filing an action in the Weld District Court or Federal District Court for the District of Colorado, except that no such civil action or order shall be necessary to access collateral for the purpose of completing improvements as described above. 3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following events: 3.1 Failure to Commence. County may terminate this Agreement upon or after revocation of the underlying land use approval under Weld County Code. However, County may still exercise all necessary activities under this Agreement that the County determines necessary to protect the health, safety, and welfare of the residents of Weld County. 32 Execution of Replacement Agreement. This Agreement shall terminate following County's execution of a new Improvements Agreement regarding the subject matter of this Agreement related to the Property, provided that the new Improvements Agreement expressly supersedes this Agreement. F. General Provisions: 1.0 Successors and Assigns. 1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part, without the prior express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld by County. In such case, Property Owner's release of its obligations shall be accomplished by County's execution of a new Improvements Agreement with the successor owner of the property. 1.2 County's rights and obligations under this Agreement shall automatically be delegated, transferred, or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement. 2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 4.0 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of CMH Homes, Inc. — RLD22-0002 - ONS1A22-11005 Page 8 of 11 action whatsoever by any other person not included in this Agreement, including subsequent lot purchasers. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5.0 Board of County Commissioners of Weld County Approval, This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee. 6.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, the parties agree that the Weld County District Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute. 7.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owner, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 8.0 Release of Liability. Property Owner 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 the design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, and notwithstanding section 7.0 above, 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 the 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 worker'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. 9.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 10.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request. 11.0 Acknowledgment. County and Property Owner acknowledge that each has read this Agreement, understands it, and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 12.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential CMH Homes, Inc. — RLD22-0002 - ONSIA22-0005 Page 9 of 11 conflict between any term in this Agreement and the Resolution of the Board of County Commissioners approving the underlying land use permit, the provisions of the Board's Resolution shall control. In the event of a discrepancy between this agreement and the Weld County Code in effect at the time of the agreement, the terms of the Weld County Code shall control. CMH Homes, Inc. — RLD22-0002 - ONSIA22-0005 Page 10 of 11 PRO By: Name: Title: Pi4.4,4,4.-• STATE OF COLORADO County of Weld Date IA " -� SS. TRACY L JOHNSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20214031765 MY COMMISSION EXPIRES AUGUST 10, 2025 The foregoing instrument was acknowledged before me this jAd day of O.O,1,- , 2034_, by Ntc.O 1'211,'"4.41 WITNESS my hand and official seal. WELD COUNTY: ATTEST: Weld C BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Freeman, Chair MAY 0 8 2023 CMH Homes, Inc. — RLD22-0002 - ONS1A22-0005 Page 11 of 11 02de.2a -627,5 Cheryl Hoffman From: Sent: To: Cc: Subject: Good afternoon, Cheryl, Jazmyn Trujillo Martinez Tuesday, October 24, 2023 4:41 PM Cheryl Hoffman; Dawn Anderson; Tom Parko Jr; Maxwell Nader Esther Gesick RE: Notice of No -Extension of Standby Letter of Credit No. SLCMMSP11084 - Clayton Homes Inc This is news to all of us. You can hold on to the original for now. I will have to talk with Dawn to see how she would like for us to proceed but most likely, Clayton Homes will have to provide us with new collateral. I will follow up with you as soon as we have a plan. Best, Jazmyn Trujillo -Martinez Development Review Weld County Planning Services 1402 North 17th Avenue P.O. Box 758 Greeley, CO 80631 (970) 400-3711 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Cheryl Hoffman <choffman@weld.gov> Sent: Tuesday, October 24, 2023 11:50 AM To: Jazmyn Trujillo Martinez <jtrujillomartinez@weld.gov>; Dawn Anderson <dranderson@weld.gov>; Tom Parko Jr <tparko@weld.gov>; Maxwell Nader <mnader@weld.gov> Cc: Esther Gesick <egesick@weld.gov>; Cheryl Hoffman <choffman@weld.gov> Subject: Notice of No -Extension of Standby Letter of Credit No. SLCMMSP11084 - Clayton Homes Inc Good morning, all, I just received the above correspondence in the mail. I also attached information I have on my Planning Matters List. Do you know anything about this? Do you want me to keep the original or interoffice to someone else? Does something need to be done on this? Just let me know. Thanks! Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weld.gov From: CM103-05550@o.weld.co.us <CM103-05550@co.weld.co.us> Sent: Tuesday, October 24, 2023 11:45 AM To: Cheryl Hoffman <cl-offman@weld.gov> Subject: Attached Image 2 c/o Cloudbreak Energy Partners, LLC, Estromina Co Greeley Land, LLC aka ECA Co Greeley, LLC — USR21-0020 - SEE ESTROMINA CO GREELEY (PL2813, #2022-3380) — Approved 12/07/22 MH Homes, Inc. — RLDF22-0002 (PL2843, #2023-1273) Improvements and Road Maintenance Agreement Approved 05/08/23, #2023-1273 Irrevocable Letter of Credit #SLCMMSP11084 issued by U.S. Bank National Association, Attn: Global Trade and Standby Services, BC-MN-H2OG, 800 Nicollet Mall, Minneapolis 55402 $53,760.00 Coalbank Investment Partners, LLC c/o Rimrock Energy Partners, LLC — USR18-0090 (PL2612, #2019-0514) — Road Maintenance Agreement — Approved 02/04/2019 (Contract ID #2416) NO COLLATERAL AT THIS TIME Coburn, Russell, LLC (PL2714, #2020-0266) PUDF19-0004 Road Maintenance Agreement (Contract ID #3335) — Approved 01/20/20 NO COLLATERAL AT THIS TIME Cogburn, David c/o USS Cogburn Solar LLC (PL2828, #2023-0412) USR22-0013 — Road Maintenance Agreement During Construction Period Approved 02/08/23 — Contract ID 6667 NO COLLATERAL AT THIS TIME Colorado Interstate Gas Company, LLC, a subsidiary of Kinder Morgan, Inc. LAP19-0002 (PL2520, #2019-1322) Road Maintenance Agreement During Construction Period — Approved 4/3/2019 — Contract ID #2524 NO COLLATERAL AT THIS TIME Colorado Liberty Pipeline, LLC (PL2741, #2021-0161) USR20-0004 Road Maintenance Agreement Approved 01/13/21 — Contract ID 4375 NO COLLATERAL AT THIS TIME Colorado Liberty Pipeline, LLC (OG0003, #2021-2558) LAP21-0006 Road Maintenance Agreement Approved 08/25/21 — Contract ID 5194 NO COLLATERAL AT THIS TIME Colorado Outdoor Storage/Robert L Seltzer Family Trust (PL2170 - 2013-0016 USR #12-0022) Improvements Agreement, Irrevocable Standby Letter Of Credit No. 0069, Cache Band and Trust. Expires 11/30/2013 (Bank — Dave Thompson(dthompson@cachebankandtrust.com) Can be automatically extended unless 90 days notice $60,506.00 Partial Release (2013-0883) 04/08/2013 -51,430.00 Warranty Collateral received 4/8/13 $9,075.00 Expires 04/08/2015 Colorado Sand Company, LLC (AP19-00232, PL2520) 2019-3540 Temporary Road Maintenance Agreement Approved 08/05/2019 — Contract ID 3026 NO COLLATERAL AT THIS TIME 10 As of 10/09/2023 M:\COLLATERALLIST/COLLATERALDOC Contract For Entity Information Entity Name * CMH HOMES INC Entity ID" @00022809 Contract Name * ON -SITE IMPROVEMENTS AGREEMENT COLLATERAL REPLACEMENT CMH HOMES INC RLDF22-0002 Contract Status CTB REVIEW Q New Entity? Contract ID 7850 Contract Lead * JTRUJILLOMARTINEZ Parent Contract ID Requires Board Approval YES Contract Lead Email Department Project # jtrujillomartinez@weldgo v.com Contract Description * ON -SITE IMPROVEMENTS AGREEMENT COLLATERAL REPLACEMENT CMH HOMES INC RLDF22-OOO2 COLLATERAL IN THE AMOUNT OF $53,760.00 IS REQUIRED AND HAS BEEN PROVIDED IN THE FORM OF IRREVOCABLE LETTER OF CREDIT NUMBER SLCMMSPI 2243, ISSUED BY U.S. BANK Contract Description 2 Contract Type * Department AGREEMENT PLANNING Amount* $ 53,760.00 Renewable * NO Automatic Renewal Grant IGA Department Email CM- Planning@weldgov.com Department Head Email CM-Planning- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Requested BOCC Agenda Due Date Date* 02/29/2024 03/04/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 03/04/2025 Committed Delivery Date Renewal Date Expiration Date* 03/04/2026 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel ELIZABETH RELFORD CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 02/26/2024 02/26/2024 02/27/2024 Final Approval BOCC Approved Tyler Ref # AG 031324 BOCC Signed Date Originator JTRUJILLOMARTINEZ LLOMARTI N EZ BOCC Agenda Date 03/13/2024 Hello