HomeMy WebLinkAbout20233615.tiff RESOLUTION
RE: APPROVE FULL RELEASE OF WARRANTY COLLATERAL FOR CHANGE OF ZONE,
PUDZ16-0001,AND PLANNED UNIT DEVELOPMENT FINAL PLAN,PUDF16-0003-
GANDER VALLEY FARMS,LTD.
WHEREAS,the Board of County Commissioners of Weld County,Colorado,pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County,Colorado,and
WHEREAS,by Resolution dated July 6,2016,the Board approved the application of
Gander Valley Farms,LTD.,8897 Gander Valley Lane,Windsor,Colorado 80550-2621,for a
Change of Zone,PUDZ16-0001,to Rezone Lot 5 of Gander Valley PUD from Planned Unit
Development with A(Agricultural)Zone District Uses to Planned Unit Development with E(Estate)
Zone District Uses,along with 6.09 acres of open space,on the following described real estate,
to wit:
Lot 5 of Gander Valley PUD;being part of Section 4,
Township 6 North,Range 67 West of the 6th P.M.,
Weld County,Colorado,and
WHEREAS,on May 22,2017,the Board of County Commissioners of Weld County,
Colorado,approved an Improvements Agreement According to Policy Regarding Collateral for
Improvements for Gander Valley Farms,LTD.,between the County of Weld,State of Colorado,
by and through the Board of County Commissioners of Weld County,and Gander Valley Farms,
LTD.,with terms and conditions being as stated in said agreement,and accepted Irrevocable
Letter of Credit#90928,drawn on the Advantage Bank,1801 59th Avenue,Greeley,Colorado
80634,in the amount of$260,960.30,and
WHEREAS,on March 19,2018,the Board of County Commissioners of Weld County,
Colorado,approved release of the project collateral in the form of a Letter of Credit#90928,drawn
on the Advantage Bank, 1801 59th Avenue, Greeley, Colorado 80634, in the amount of
$260,960.30 and accepted warranty collateral in the form of an Irrevocable Letter of Credit
#90928,drawn on the Advantage Bank, 1801 59th Avenue,Greeley,Colorado 80634,in the
reduced amount of$50,944.05,and
WHEREAS, the Department of Planning Services received a request from
Scott Preisendorf,representative of Gander Valley Farms,LTD.,requesting that the Board of
County Commissioners release the warranty collateral in the form of an Irrevocable Letter of
Credit#90928,in the amount of$50,944.05,and
WHEREAS,upon recommendation of staff from the Weld County Departments of Public
Works and Planning Services who conducted a final site inspection,the Board deems it advisable
to release said warranty collateral.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the currently held warranty collateral,in the amount of$50,944.05,in the
form of an Irrevocable Letter of Credit#90928,drawn on the Advantage Bank,1801 59th Avenue,
Greeley,Colorado 80634,be,and hereby is,released.
4938135 Pages: 1 of 2 Cc:PL('?/DA/STrt/KR)
01/0 .00
Carly3Kopp s,/2024 iClerBk alnd Recorder,Weld County,CO O1/04/2M
ki'sd � ��I.�tiw'MI��MINI� �� 11111 2023-3615
PL1165
FULL RELEASE OF WARRANTY COLLATERAL- GANDER VALLEY FARMS, LTD.
(P U DZ 16-0001/P U D F 16-0003)
PAGE 2
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be,and hereby
is,directed to return said 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 11th day of December,A.D.,2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: ddtt4do
Mike man,Chair
Weld County Clerk to the Board
B 1 Perry L. k,Pro-Tem
Deputy Clerk to the Board
ott K.James
AP ED AS
D.Ross
ounty A orney r %�►►�' �)
174/ / ?." s,-��aine
Date of signature:
, \ O ,3
4938135 Pages: 2 of 2
01/03/2024. 0
,1Cle 8 and Recorder,OWE d County,CO
11111 2023-3615 PL11165
CLERK TO THE BOARD
1861 PHONE:(970)4004227
Lc-. .- FAX: (970)336-7233
1�A [r1 1150 O STREET
P.O.BOX 758
I A IGREELEY,CO 80632
G O U N AK
January 5,2024
Advantage Bank
Attn:Kevin Kempema and Michael Lombardelli
1801 59th Avenue
Greeley,CO 80634
RE: Full Release of Irrevocable Letter of Credit#90928—
PUDZ16-0001/PUDF16-0003
Gander Valley Farms,Ltd.
Dear Mr.Kempema and Lombardelli:
Enclosed please find the fully released Irrevocable Letter of Credit#90928 and a copy of the
Board of County Commissioner's Resolution,dated December 11,2023,authorizing the full
release of the Irrevocable Letter of Credit#90928 held as warranty collateral in the amount of
$50,944.05 for PUDZ16-0001/PUDF16-0003,Gander Valley Farms,Ltd.
If you have any questions,please contact me at(970)400-4227,or email choffman@weld.gov.
V truly yours,
Cheryl L. ffma
Deputy Clerk to the Board
Enclosure
cc: Dawn Anderson and Jazmyn Trujillo-Martinez,Department of Planning Services
Tom Parko,Max Nader and Diana Aungst,Department of Planning Services
Scott Preisendorf,Upland Homes
Clerk to the Board File PL1165
U . S. Postal Service'
CERTIFIED MAIL° RECEIPT
N- Domestic Mail Only
im For delivery information, visit our website at www. usps.com9.
40% pm
, 11 A n- �'•`. 4 P:"
. 1 %, w 5.711, 0 is, '`'sw.i E
.C3. '[i,,,,. u; �1;'a •
N Certified Mail Fee
r $
Extra Services & Fees (check box, add fee as appropriate)
ci ❑ Return Receipt (hardcopy) $
a 0 Return Receipt (electronic) $ Postmark
a ❑ Certified Mail Restricted Delivery $ Here
Q ❑ Adult Signature Required $ _ l
Adult Signature Restricted Delivery $ /
O Postage 0 p2
u ,
2- $
r R Total Postage and Fees
Sent T
r-9
I.
Stie f . Nbeog nice " ---
7Ciy, 15 - eZIP+4®,
, ai 'Dee
PS Form 3800, April 2(, 15 PSN 7530-02-000-9047 See Reverse for Instructions
♦ .-e
4 , • .
SENDER : COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1 , 2, and 3. A. Signature
• Print your name and address on the reverse X (MC
22v C_ 4so that we can return the card to you . 0 Addressee
• Attach this card to the back of the mailpiece, B. Received by (Printed Name) C. too Delivery
or on the front if space permits. ( _ \t._& c ¶ / "z y_____
1 . rticle Addressed to: D. Is delivery address different from item 1 ? 0 Yes
If YES, enter delivery address below: 0 No
•
/t , s59-n . fi.e 4
, -4t6p8r-7
3. Service Type O Priority Mail Express®
O Adult Signature D Registered MailTM
• O ult Signature Restricted Delivery 0 Registered Mail Restricted
ertified Mail® Delivery
9590 9402 7686 2122 8606 00 O ertified Mail Restricted Delivery 0 Signature Confirmation."'
❑ Collect on Delivery ❑ Signature Confirmation
2. Article Number (Transfer from service label) O Collect on Delivery Restricted Delivery Restricted Delivery
O Insured Mail
' 017 1450 0000 96714 5974 ❑ Insured Mail Restricted Delivery
_ (over $500)
3S Form 3811 , July 2020 PSN 7530-02-000-9053 Domestic Return Receipt
?002 c - (5 & / 2
COLLATERAL
\ \Acivantage Bank RELEASED NO LONGER REQUIRED by Board
of Weld County Commis loners
date: .2.04217L
-
by:
Deputy Clerk the oard
IRREVOCABLE LETTER OF CREDIT
No.90928
February 16, 018
Weld County
County Clerk's Offic\
1402 N.17th Ave.,Gree ,Co 80631
Attn: County Clerk: \,
We have established an existing\etter of Credit(LOC)#9092 or the account of Upland
Homes,Inc.,in your favor,in the init(al amount of Fifty Thou nd Nine Hundred Forty Four
Dollars and Five Cents($50,944.05)0 ective immediately nd expiring at the close of banking
business May 31,2020,at our office advantage Bank 1801 59th Avenue,Greeley,Colorado
80634. The LOC shall only be applicable\to the Gand Valley Farms improvements. This
replaces and reduces the existing letter of credit oft e same number issued in April 2017.
This Letter of Credit will be automatically exten for a period of sixty(60)days from the
present or any future expiration date unless w no• you in writing by certified mail thirty(60)
days prior to any expiration date that we el t not to new this Letter of Credit for any additional
period.
Funds under this LOC are available t you for one or more awings presented on or before this
LOC expires pursuant to the terms erein against sight drafts an aggregate cumulative
amount not to exceed the availa balance,dated the date of p sentment,drawn on our office
referred to above,referring the on to the number of the LOC and ccompanied by your written
certificate signed by you and cknowledged as therein provided in thy form of Exhibit 1 hereto.
During the term of this L C the amount available to be drawn by the Coun ty may be reduced
from time to time in th sole discretion of the County after the completion(Ate installation of
public improvement for Gander Valley Farms for such items as Road InfrastrL cture,Entry
Signage,Retentio Ponds and other items referenced in the On Site Improvement Agreement
and inspection d acceptance of that particular stage by the applicable County representative,
the County B rd and an engineer approved by the County and licensed by the State.,of
Colorado.
Presen tion of such draft and certificate shall be made at our office referred to above.
eland 970-613-1982 Fort Collins 910-204-0450 Greeley 970-353-0047 \
1475 North Denver Avenue 4532 McMurry Ave.,Ste.100 1801 59th Avenue
Loveland,Colorado 80538 Fort Collins,Colorado 80525 Greeley,Colorado 80634
www.advantagebanks.com
on the earlier of(i)our honoring your draft(s)totaling the aggregate amount available,
pre ented on or before this LOC expires pursuant to the terms herein,or(ii)the surrender to us
by yo of this LOC for cancellation,this LOC shall automatically terminate.
This LOC hall be governed by the laws of the State of Colorado,including the Uniform
Commercia Code as in effect in the State of Colorado. Communications with respe to this
LOC shall be ddressed to us at the office referred to above,specifically referring the number
of this LOC.
This LOC is not trap erable.
This LOC shall only bin1,he parties hereto and their successors and s II not create any third
party beneficiary rights or y other rights in any other parties. The unty expressly reserves
the right to enter into an LO with any other party under whatever rms it deems necessary in
its sole discretion.
This credit is subject to the Uniform Customs and Practice fo Documentary Credits,1993
revisions,ICC publication number 50 .
This Irrevocable Letter of Credit sets forth\n full the tenths of our undertaking and such
undertaking shall not in any way be modifi amend or amplified by reference to any
document or instrument referred to herein or i wh(ch the Irrevocable Letter of Credit relates and
any such reference shall not be deemed to inco orate herein by reference any document or
instrument.
COLLATERAL
RELEASED NO LONGER REQUIRED
Sincerely,
/ by Board of Weld County Commissioners
dat . 57.ZDo'l71--
b
Michael Lombardelli j
Chief Credit Officer
Advantage Bank
2
EXHIBIT"1"TO LETTER OF CREDIT
No.90928
Certificate
The undersigns hereby certifies as follows with respect to the certain Irrevocab Letter of
Credit#90928 dat d February 16,2018,established in favor of Weld Count e"Letter of
Credit"):
(a)He(She)is auth ized to execute this Certificate on behalf of 1/),t/Id County and
(b)Upland Homes,Inc. s defaulted under the Development/Agreement between the
parties /
(c)The sum of$ ,which is the amour/of the draft presented with this
Certificate,is the amount curr tly due to and
(d)The Letter of Credit has not expire
IN WITNESS WHEREOF,the undersigned h ecuted this Certificate on behalf of Weld
County this day of ,2
By:
Title:
STATE OF COLORADO
ss.
COUNTY OF WELD
The foregoing instr ent was acknowledged before me on the d of
2 ,by
WITNESS m hand and official seal. COLLATERAL
RELEASED NO LONGER REQUIRED
by B d of Weld C9unty Commissioners
/ge0o2sfr"da .
Notar Public
b '
My Commission Expires: •
3
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW
PASS-AROUND TITLE:BOCC Agenda Item—Full Release of Warranty Collateral for:
Gander Valley Farms,LTD—PUDZ16-0001/PUDF16-0003
DEPARTMENT:Planning Services DATE:November 14th,2023
PERSON REQUESTING:Jazmyn Trujillo-Martinez !
Brief description of the problem/issue:
The Department of Planning Services received a request from Scott Preisendorf,representative of Upland Homes,requesting that the
Board of County Commissioners release the currently held warranty collateral for Gander Valley Farms,LTD in the amount of$50,944.05
in the form of a Letter of Credit#90928 Issued by Advantage Bank.No further collateral is required to be held.
Weld County Planning Services and Public Works Departments performed a site inspection,at the above-mentioned site,and observed
the following:
•All items on Exhibits A and C,of the Improvements Agreement According to Policy Regarding Collateral for Improvements
Document Tyler#2017-1578,have been completed and are found to be acceptable.
County Attorney's Office has reviewed the Improvements Agreement and Collateral requirements and recommends this full release of
collateral.
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:
Gander Valley Farms PUD(PL1165,#2017-15781 Improvements and Road Maintenance Agreement
Irrevocable Letter of Credit#90928 from Advantage Bank
Expires 08/20/2018 with auto renewal
Unless notify 30 days notice certified mail $260;988:30
Collateral reduced(2018-0818)to reflect$11,800.00
remaining required Improvements and$39,144.05 in Warranty Collateral-Returned the L0C#90928 for
$260,960.30 and accepted L0C#90928 for$50,944.05 from Advantage Bank
Expires 08/2012018 with auto renewal
Unless notify 30 days notice certified mail $50,944.05
Consequences:
• The new development paid their way for the improvements required by the new development in the County,and the
County was not required to pay for the improvements required by the new development. Mt
Impacts:
• The new development required that improvements be made on and off site.Those improvements have been completed,
inspected,and warranty collateral was held and is ready to be released.
Costs(Current Fiscal Year/Ongoing or Subsequent Fiscal Years):
• County held warranty collateral incase the County needed to draw on it in order to fix the work required.The
improvements were inspected and did not require correction.No direct costs for the County by supporting the
recommendation.
Recommendation:
The Departments of Planning Services,Public Works,and the County Attorney's Office are recommending approval of the full release of
warranty collateral for Gander Valley Farms,LTD—PUDZ16-0001/PUDF16-0003 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,Chair me
Scott K.James tie
Kevin D.Rossyo-
Lori Saine if
(f' 2O23-3615
17—/11 P 1 \kU25
Jazmyn Trujillo Martinez
From: Dawn Anderson
Sent: Wednesday,October 18,2023 10:36 AM
To: Jazmyn Trujillo Martinez
Subject: FW:Final Inspection Gander Valley Farm
t
,
Dawn R.Anderson
Development Review Manager
Weld County Planning Services
1402 N.17th Avenue
Greeley,CO 80632
Email:dranderson@weld.gov
Office:(970)400-3736
1.....4_ ms_ '
Y Ti r: ,- 11
(� ' r 1
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:Scott<scott0986@hotmail.com>
Sent:Wednesday,October 18,2023 8:50 AM
To:Dawn Anderson<dranderson@weld.gov>
Subject:Final Inspection Gander Valley Farm
ICaution:This email originated from outside:of Weld County Government.Do not click links or open attachments unless;you recognize the
smnder and know the content is safe.
Good morning Dawn,
Can we schedule the final inspection for our development in Windsor,Gander Valley Farm.Please let me know when
this can take place.
Thank you,
Scott Preisendorf
Upland Homes
970.396.0986
i.
Jazmyn Trujillo Martinez
From: Mike McRoberts
Sent: Wednesday,November 8,2023 11:07 AM
To: Jazmyn Trujillo Martinez
Cc: Diana Aungst;Dawn Anderson
Subject: PUDF16-0003 Gander Valley PUD-Release of Collateral
Hi Jazmyn,
I reviewed the results of my October 20,2023,inspection with Dawn.We concluded that you may start the process to
release the collateral.Dawn will prepare a letter to send to the developer,Scott Preisendorf,notifying him of our
intentions.I have copied Diana on this email so that she can inform us if she has any concerns with releasing the
collateral.
Let me know if you have any questions.
Regards,
Mike McRoberts,P.E.
Development Review Engineer
Weld County Planning&Zoning
1555 N.1710 Avenue
Greeley,CO 80631
(970)400-3798
1 t •
l '�rr
\! X\Advantage Bank ei‘ey
IRREVOCABLE LETTER OF CREDIT
No.90928
February 16,2018
Weld County
County Clerk's Office
1402 N.17th Ave.,Greeley,Co 80631
Attn: County Clerk:
We have established an existing Letter of Credit(LOC)#90928 for the account of Upland
Homes,Inc.,in your favor,in the initial amount of Fifty Thousand Nine Hundred Forty Four
Dollars and Five Cents($50,944.05)effective immediately and expiring at the close of banking
business May 31,2020,at our office at Advantage Bank,1801 59th Avenue,Greeley,Colorado
80634. The LOC shall only be applicable to the Gander Valley Farms improvements. This
replaces and reduces the existing letter of credit of the same number issued in April 2017.
This Letter of Credit will be automatically extended for a period of sixty(60)days from the
present or any future expiration date unless we notify you in writing by certified mail thirty(60)
days prior to any expiration date that we elect not to renew this Letter of Credit for any additional
period.
Funds under this LOC are available to you for one or more drawings presented on or before this
LOC expires pursuant to the terms herein against sight drafts in an aggregate cumulative
amount not to exceed the available balance,dated the date of presentment,drawn on our office
referred to above,referring thereon to the number of the LOC and accompanied by your written
certificate signed by you and acknowledged as therein provided in the form of Exhibit 1 hereto.
During the term of this LOC the amount available to be drawn by the County may be reduced
from time to time in the sole discretion of the County after the completion of the installation of
public improvements for Gander Valley Farms for such items as Road Infrastructure,Entry
Signage,Retention Ponds and other items referenced in the On Site Improvement Agreement
and inspection and acceptance of that particular stage by the applicable County representative,
the County Board and an engineer approved by the County and licensed by the State of
Colorado.
Presentation of such draft and certificate shall be made at our office referred to above.
Loveland 970-613-1982 Fort Collins 910-204-0450 Greeley 970-353-0047
1475 North Denver Avenue 4532 McMurry Ave.,Ste.100 1801 59th Avenue
Loveland,Colorado 80538 Fort Collins,Colorado 80525 Greeley,Colorado 80634
www.advantagebanks.com
Upon the earlier of(i)our honoring your draft(s)totaling the aggregate amount available,
presented on or before this LOC expires pursuant to the terms herein,or(ii)the surrender to us
by you of this LOC for cancellation,this LOC shall automatically terminate.
This LOC shall be governed by the laws of the State of Colorado,including the Uniform
Commercial Code as in effect in the State of Colorado. Communications with respect to this
LOC shall be addressed to us at the office referred to above,specifically referring to the number
of this LOC.
This LOC is not transferable.
This LOC shall only bind the parties hereto and their successors and shall not create any third
party beneficiary rights or any other rights in any other parties. The County expressly reserves
the right to enter into an LOC with any other party under whatever terms it deems necessary in
its sole discretion.
This credit is subject to the Uniform Customs and Practice for Documentary Credits,1993
revisions,ICC publication number 500.
This Irrevocable Letter of Credit sets forth in full the terms of our undertaking and such
undertaking shall not in any way be modified,amended or amplified by reference to any
document or instrument referred to herein or in which the Irrevocable Letter of Credit relates and
any such reference shall not be deemed to incorporate herein by reference any document or
instrument.
Sincerely,
Michael Lombardelli
Chief Credit Officer
Advantage Bank
2
EXHIBIT"1"TO LETTER OF CREDIT
No.90928
Certificate
The undersigned hereby certifies as follows with respect to the certain Irrevocable Letter of
Credit#90928 dated February 16,2018,established in favor of Weld County(the"Letter of
Credit"):
(a)He(She)is authorized to execute this Certificate on behalf of Weld County and
(b)Upland Homes,Inc. has defaulted under the Development Agreement between the
parties
(c)The sum of$ ,which is the amount of the draft presented with this
Certificate,is the amount currently due to and
(d)The Letter of Credit has not expired
IN WITNESS WHEREOF,the undersigned has executed this Certificate on behalf of Weld
County this day of ,2 .
By:
Title:
STATE OF COLORADO )
ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me on the day of
2 ,by
WITNESS my hand and official seal.
Notary Public
My Commission Expires:
3
RESOLUTION
RE: APPROVE PARTIAL RELEASE AND ACCEPTANCE OF NEW COLLATERAL FOR
CHANGE OF ZONE,PUDZ16-0001-GANDER VALLEY FARMS,LTD.
WHEREAS,the Board of County Commissioners of Weld County,Colorado,pursuant to
Colorado statute and the Weld County Home Rule Charter,is vested with the authority of
administering the affairs of Weld County,Colorado,and
WHEREAS,by Resolution dated July 6,2016,the Board approved the application of
Gander Valley Farms,LTD.,8897 Gander Valley Lane,Windsor,CO 80550-2621,for a Change
of Zone,PUDZ16-0001,to Rezone Lot 5 of Gander Valley PUD from Planned Unit Development
with A(Agricultural)Zone District Uses to Planned Unit Development with E(Estate)Zone District
Uses,along with 6.09 acres of open space,on the following described real estate,to wit:
Lot 5 of Gander Valley PUD;being part of Section 4,
Township 6 North,Range 67 West of the 6th P.M.,
Weld County,Colorado,and
WHEREAS,on May 22,2017,the Board of County Commissioners of Weld County,
Colorado,approved an Improvements Agreement According to Policy Regarding Collateral for
Improvements for Gander Valley Farms,LTD.,between the County of Weld,State of Colorado,
by and through the Board of County Commissioners of Weld County,and Gander Valley Farms,
LTD.,with terms and conditions being as stated in said agreement,and accepted Irrevocable
Letter of Credit#90928,drawn on the Advantage Bank,1801 59th Avenue,Greeley,CO 80634,
in the amount of$260,960.30,and
WHEREAS,staff from the Weld County Departments of Public Works and Planning
Services have conducted a site inspection and found that the improvements required,per
Exhibit A of the Improvements Agreement,have been completed and found acceptable,except
signage,landscaping,and a grass-lined swale,with the remaining work to be done costing
$11,800.00,and the 15 percent warranty collateral amounting to$39,144.05,thereby requiring
the acceptance of$50,944.05 in remaining collateral,and
WHEREAS,staff from Weld County Department of Public Works and Planning Services
recommend a partial release of said collateral,and acceptance of a replacement Letter of Credit
for the remainder of the required collateral,and
WHEREAS,upon recommendation of staff,the Board deems it advisable to release said
collateral and accept replacement collateral,and
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the Letter of Credit#90928,drawn on the Advantage Bank,1801 59th
Avenue,Greeley,CO 80634,in the amount of$260,960.30 be,and hereby is,reduced and
partially released, and a replacement Irrevocable Letter of Credit#90928, drawn on the
Advantage Bank,1801 59th Avenue,Greeley,CO 80634,in the reduced amount of$50,944.05,
be and hereby is accepted.
4386892 Pages: 1 of 2 cc PcwcEr),c&cFH),
03130/2018 10:25 AM R Fe;.:$0,00 cTg(sot TS),
Carly Koppes,Clerk and Recorder,Weld County,CO r Pretse clorc
II III onItasC, 2018-0818
/Grua PL1165
PARTIAL RELEASE AND ACCEPT REDUCED REPLACEMENT COLLATERAL-GANDER
VALLEY FARMS,LTD.
PAGE 2
BE T FURTHER RESOLVED by the Board that the Clerk to the Board be,and hereby is,
directed to return the$260,960.30 collateral to the appropriate issuing party and to accept the
replacement collateral in the amount of$50,944.05 for the purpose of warranty collateral and
$11,800.00 in improvements remaining,including signage,landscaping,and a grass lined swale.
The above and foregoing Resolution was,on motion duly made and seconded,adopted
by the following vote on the 19th day of March,A.D.,2018.
BOARD OF COUNTY COMMISSIONERS
WEL C UNTY,COLORADO
ATTEST: J '�
Ste a Moreno,Chair
Weld County Clerk to the Board
rbara Kirk Pro-Tem BYfea)-O4,'puffy Clerk to the Board �►�+.
l J ♦ can P.C•nwa
APPROVED AS TO- /
ismt. .� «R Cozad
•until ttomey
` `N�f ike Freeman
Date of signature:,3/a9/f
4380892 Passe: 2 of 2
03/38/2018 18:25 AM R F••a0.88
carlr Kopp•s.C1•rk and R•oi rdar,w�td County,co 2018-0818
fl PL1165
can tt ILA-#1653
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW/Regular Agenda REQUEST
RE:BOCC Agenda Item—Partial Release and Acceptance of Collateral For:
Gander Valley Farms PUD—PUDZ 16-000 l
DEPARTMENT:public Works DATE:2/27/2018
PERSON REQUESTING:Evan Pinkham
Brief description of the issue:
The Department of Public Works received a request from Scott Preisendorf,requesting that the Board of County
Commissioners release the currently held collateral for Gander Valley Farms PUD in the amount of$260,960.30,
and consider accepting collateral in the form of a letter of credit(Advantage Bank)in the amount of$50,944.05.
The collateral being accepted is for warranty collateral,and items that have not been completed on the site.The
items that have not been completed on the site are seeding,landscaping,and installation of the main sign.
Weld County Public Works and Planning Department performed a site inspection,at the above-mentioned site,
and observed the following:
•With exception of the items listed above,all items on Exhibit A,of the Improvements Agreement
According to Policy Regarding Collateral for Improvements Document#2017-1578,have been completed
and are found to be acceptable.
Frank Haug/Assistant County Attorney has reviewed the Improvements Agreement and Collateral requirements
and recommends this partial release of collateral.
What options exist for the Board?
1.Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Weld County C lteral. :
Gander Valley Farms PUD(PL1165,#2017-1578)
Improvements and Road Maintenance Agreement
Irrevocable Letter of Credit#90928 from Advantage Bank
Expires 08/20/2018 with auto renewal
Unless notify 30 days notice certified mail $260,960.30
Recommendation:
The Departments of Public Works,Planning Services and the County Attorney's Office are recommending
approval of the release of collateral,and acceptance of warranty collateral for Gander Valley Farms PUD—
(PUDZ 16-0001).
Schedule as Consent $citedule as Rueter
Agenda BOCC Item BOCC Heaelna llem Other/Comments:
Sean P.Conway
Julie A.Cozad
Mike Freeman
Barbara Kirkmeyer,Pro-Terri 2018-0818
Steve Moreno,Chair PL f I(&5j
3i'l'
eentAALt it.*145'3
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW/Regular Agenda REQUEST
RE:BOCC Agenda Item—Partial Release and Acceptance of Collateral For:
Gander Valley Farms PUD—PUDZ 16-0001
DEPARTMENT:public Works DATE:2/27/2018
PERSON REQUESTING:Evan Pinkham
Brief description of the issue:
The Department of Public Works received a request from Scott Preisendorf,requesting that the Board of County
Commissioners release the currently held collateral for Gander Valley Farms PUD in the amount of$260,960.30,
and consider accepting collateral in the form of a letter of credit(Advantage Bank)in the amount of$50,944.05.
The collateral being accepted is for warranty collateral,and items that have not been completed on the site.The
items that have not been completed on the site are seeding,landscaping,and installation of the main sign.
Weld County Public Works and Planning Department performed a site inspection,at the above-mentioned site,
and observed the following:
•With exception of the items listed above,all items on Exhibit A,of the Improvements Agreement
According to Policy Regarding Collateral for Improvements Document#2017-1578,have been completed
and are found to be acceptable.
Frank Haug/Assistant County Attorney has reviewed the Improvements Agreement and Collateral requirements
and recommends this partial release of collateral.
What options exist for the Board?
1.Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Weld Counts Ctersl Lint:
Gander Valley Farms PUD(PL1165,#2017-1578)
Improvements and Road Maintenance Agreement
Irrevocable Letter of Credit#90928 from Advantage Bank
Expires 08/20/2018 with auto renewal
Unless notify 30 days notice certified mail $260,960.30
Recommendation:
The Departments of Public Works,Planning Services and the County Attorney's Office are recommending
approval of the release of collateral,and acceptance of warranty collateral for Gander Valley Farms PUD—
(PUDZ 16-0001).
Schedule as Consent 5chedule as Regular
Mends SOCC Item $OCC Hearing Item Other/Comments:
Sean P.Conway
Julie A.Cozad .X.01
Mike Freeman
Barbara Kirkmeyer,Pro-Tern 2018-0818
Steve Moreno,Chair _ PL l l(a 5
3/1
03/13/2018
To:Weld.County Commissioners
From:Scott Preisendorf/Upland Homes
RE:Release of Collateral and Acceptance of New Letter of Credit
Please acept this letter as a request to release the collateral for the Gander Valley Farm project,located
in Windsor,CO.Weld County Attorney,Frank Haug has requested this letter for record keeping
purposes We are requesting the release of collateral in the amount of$260,960.30 from Advantage
Bank andlthat you accept the new collateral amount on$50,944.05 from Advantage Bank.
Respectfilly,
Scott Prekendorf
Upland Homes
970-396-0986
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE:BOCC Agenda Item-Approve Improvements Agreement and Accept Collateral For:
Gander Valley Farms PUD—PUDZ 16-0001
RECEIVED
DEPARTMENT:Public Works DATE: 5/5/2017
MAY 092017
PERSON REQUESTING:Evan Pinkham WELD COUNTY
CBrief description of the issue:
OMMISSIONERS
The Department of Public Works received a request from the applicant,Gander Valley Farms PUD,requesting
that the Board of County Commissioners consider approving the Improvements Agreement for the residential
subdivision,(PUDZ16-0001),located on CR 72 west of CR 19.
Weld County Public Works,Planning Services and the County Attorney'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. The Agreement has been signed by Jay
McDonald/Public Works Director.
The Department of Public Works received a request front the applicant,Gander Valley Farms PUD,requesting that the
Board of County Commissioners consider accepting off-site collateral in the form of an Irrevocable Letter of Credit
(Advantage Bank 90928)in the amount of$260,960.30,for the above-mentioned Improvements Agreement.
What options exist for the Board?
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 1.The Departments of Public Works,Planning Services and the County Attorney's Office are recommending
approval of the Improvements&Road Maintenance Agreement According To Policy Regarding Collateral For
Improvements and the acceptance of oft-site collateral for(PUDZ 16-0001),and that this item be placed on the next regularly
scheduled BOCC Hearing,as part of the Consent Agenda.
Approve $chech�ly_ Regular
Recommendation
8OCC;Fleari item Other,/Comments:
Sean P.Conway
Julie A.Cozad,Chair
Mike Freeman
Barbara Kirkmeycr
Steve Moreno,Pro-'fcm ,Q y,1
().,O))('('Passr ro,n,rl51'('DLl6-000/Perssuroand-1.,'Hear,Request 201'e5vn 2017-1578
Crw. �t r� NO, l- t►(vs
IMPROVEMENTS&ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
GANDER VALLEY FARMS PUD-PUDZI6-0001
THIS AGREEMENT is made this 24 day of S e+. .;2011,by and between
Gander Valey Farms LTD,hereinafter referred to as"Property Owner,"and the County of Weld,
by and throatgh its Board of County Commissioners,hereinafter referred to as"County."
WI—NESSETH:
WI=EREAS,Property Owner is the owner of the property described in the application to
PUDZl6-0]01,referred to as"the Property,"which is currently being considered by the County,
and
WF EREAS,as a condition of approval of PUDZ16-0001,the Property Owner agrees to
complete tl-e improvements required by this Agreement;pursuant to Exhibit A(Costs)and Exhibit
B(Schedue)which are included,and depicted in the Plat Map and,if applicable,the set of
accepted Construction Plans,copies of which shall be attached to this Agreement as they become
available and made a part hereof, as Exhibits C(Plat Map), found at reception number
4304787 and D (Construction Plans), found at reception number N/A
respective',e,and
WEEREAS,the parties agree that the Property Owner shall provide collateral for all
improvematts required by this Agreement before the I'roperty Owner submits and receives
approval o'an application for a Grading Permit,Building Permit or for a Right-Of-Way Permit
for construction of accesses and work within the County and/or State of Colorado Right-Of-Way,
or at a time determined acceptable by the Board of County Commissioners.
NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein,the parties hereto promise,covenant and agree as follows:
Part 1(of!):Site Specific Provisions
A. Renuired Off-Site Improvements:
1.0 Weld County Roads:The Property Owner shall be responsible for the construction of the
following off-site safety improvements,as described in the accepted Construction Plans(Exhibit
D):
1.1 Construction of adequate turning radii of not less than sixty(60)feet at the main
ent-ances and exits which extend partially into CR 72 right-of-way(ROW);
1.2 Drainage installations;
1.3 Signage Installations;
1.4 Standard County approved tracking control,placed across the entire width of the
roadway,to eliminate the tracking of mud and debris onto the adjacent Public Road;
4307138 Pages: 1 of 22
06/02/2017:2:41 PM R Fee:30.00
Carly KoPPes,Clark and Recorder.Weld County,CO
VIII fra rlk0611,11i'FitOMAN Mai 11111
Page I of l3
020/7--,57f
Granting of any new point of access may generate additional obligations with County for
Off-Site Improvements and the need to post additional"Road Maintenance Collateral", if
applicable.A County access permit is needed for every access to a County road.
2.0 Road Improvements Responsibilities: Property Owner is solely responsible for all
designated improvements and for all expenses associated therewith.
3.0 Timing of Improvements: Subject to the provisions of Weld County Code and any
conditions or considerations granted by the Board of County Commissioners,Property Owner shall
not be required to complete the aforementioned improvements until the occurrence of the
triggering event for each improvement,namely the application for the Grading Permit,Building
Permit or Right-Of-Way access permit or the commencement of activities on the property(s).
B. Haul Travel Routes
1.0 Established Haul Routes from the facility access point:
1.1 Exiting or entering the site:haul vehicles shall enter or exit the site at the approved
accesses onto CR 72 for further dispersal.Any County roads routinely utilized by
subdivision traffic may become part of the established haul routes.
1.2 No haul vehicles may exceed CDOT required specifications for pounds per
axle.
1.3 In unusual or rare occasions,if particular projects mandate deviation from the above-
mentioned haul route,the County may approve a deviation for a limited period of time
(not more than thirty days).If County approves such deviation,haul vehicles will utilize
paved county roads whenever possible.A deviation from the established Haul route
lasting more than thirty(30)days or requests for two or more deviations within a twelve
month period shall be subject to the terms of Section B.4.0.In the event that haul route
traffic,in excess of 15%of the daily facility haul vehicle trips,utilizes alternate haul
routes,the provisions of Section 4.0 of this Section B shall be triggered.
2.0 No Deviation from Approved Maul Routes: Except under the provisions provided in
Section B.1.3,no deviation in the use of any roads other than those specifically authorized for use
in this Agreement is permitted without the prior written amendment of this Agreement.
3.0 Haul Route Signage(Not Applicable):Property Owner shall install haul route signs,as per
MUTCD standards,at all exit points of the Property which can be clearly seen by drivers leaving
the facility and which clearly depict County approved haul routes.
4.0 Effect of Future Changes to haul Routes:Any future changes to haul routes requiring use
of unpaved County road may require dust control or paving of such roads,as defined by an
amended agreement.In such circumstance,County will determine the proportionate share of dust
control and/or paving costs to be paid by Property Owner based upon then current vehicle trip
counts that identify traffic loading due to Property Owner's facility.The amount and extent of dust
control and/or paving measures will be determined by site-specific conditions at the time,as
determined exclusively by County personnel.
Pagc 2 of IJ
4307158 Pages: 2 of 22
00/02/2017 12:41 PM R Fee:$0.00
Cer1y Kopp** CIerk and Recorder,.d County,CO
■III ►��IL' I��f+:'4�� �ht�i Jlt tiMa`���Ld��tY4rh 11111
5.0 Off-Site Dust Control/Abatement: The Property Owner may be required to provide dust
abatement along affected Haul Route Roads approximately two to five times per year,as
determined by the County.County will determine the proportionate share of dust control to be paid
by Property Owner.The amount and extent of dust control measures will be determined by site-
specific conditions at the time,as determined exclusively by County personnel.The County
reserves th=right to install traffic counters on the driveway(s)of the Property Owner's facility.
The Counts will have sole responsibility for determination of the percentage of haul route traffic
on all affected roads.
6.0 Obligation to Maintain Current and Future Haul Routes:Property Owner will be financially
responsibly for the excavation,repair,and patching of any damage on current or future haul route
roads,which in the sole opinion of County has been created by vehicle traffic to and from the
Property. Should Property Owner's site activities or vehicle circulation patterns change in the
future so that County approves an alternate haul route,and all or a significant portion of Property
Owner's sourced traffic no longer utilizes the above-described haul route and instead utilizes other
portions of County roads,Property Owner shall cooperate with County in maintenance of said
roads which are included within the new haul route. The type and method of repair will be
determinec by the County Engineer or his representative.Repairs shall commence within 48 hours
of notificaion by the County for any roadway damage that exposes the driving public to adverse
or unsafe criving conditions.All other repairs shall commence within thirty(30)days of receipt
of Weld County's written notice.
6.1 Need for Immediate Repairs: In the event of damage to an Approved Haul Route by
Project traffic that causes an immediate threat to public health and safety or renders the
road impassible("Significant Damage"),County shall,after inspection,notify Property
Owner of such Significant Damage.Property Owner shall identify the repair required
and shall consult with County on the extent,type,timing,materials and quality of repair
(i.e.temporary versus permanent)within twenty-four(24)hours after receipt of such
notice and shall commence such repair within forty-eight(48)hours after receipt of
such notice.If such repair is not commenced within such forty-eight(48)hour period,
County shall have the right to draw on the Road Maintenance Collateral and use such
funds to perform such repair. If Property Owner identifies Significant Damage prior
to receiving notice thereof from County,Property Owner may commence repair of such
Significant Damage and shall concurrently notify County of the extent,type,timing,
materials and quality of repair(i.e.temporary versus permanent).
6.2 Repair of Road:On or before December 31 of the calendar year in which County staff
has determined through site analysis and/or pavement testing that a particular haul route
road portion will require paving measures in order to protect the public health,safety,
and welfare,and has budgeted sufficient funds for the following calendar year to pay
its share of the Off-Site Improvement/Repair Costs,County shall notify Property
Owner in writing that the Off-Site Improvements/Repairs shall be undertaken.Within
ninety(90)days of its receipt of County's notice of the need to undertake the road
maintenance repairs and/or improvements, Property Owner shall submit Off-Site
Construction Plans and Cost Estimates to County for review.Property Owner shall
have sole responsibility for the completion of the repairs and/or improvements on or
before December 15 of the year following County's notice of the need for repairs.
Page 3 of 13
4307158 Pages: 3 of 22
08/02/2017 12 41 PM R Fee:$0.00
Carly Kopp.,Clark and Recorder,Weld County,CO
«til.4 O11441FMil Ali II III
6.3 fn County's sole discretion,County may undertake the repairs and/or improvements.
Property Owner's payment for its Proportionate Share of the road
repairs/improvements will be calculated as described in this Agreement.
7.0 Annual Road Inspection: County will conduct a road inspection annually with the
cooperation of Property Owner and all other Property Owner and/or Lessees who are required by
County to participate in road improvement/maintenance agreements.As a result of the annual
inspection,County,in its sole discretion,shall determine actual conditions and shall further
determine what road repair/improvement/maintenance work is to be performed during that
construction season.Notification to the Property Owner of the required roadway repairs will he
given as soon as the data becomes available.
8.0 Future Improvements to Haul Routes: If traffic volume or conditions require future
improvements to be made to the haul route(s),including intersections,the County may require
Property Owner to pay a proportionate share of the cost of the entire project.Future improvements
will be subject to any Federal,State or County regulations in place at the time the improvement
project is initiated.
Other roadways Improvements may be triggered due to heavy truck traffic associated with
the facility including additional turn lanes onto CR 72;the following is a list of the triggers
for turn lanes:
a. 25 vph turning right into the facility during a peak hour.
b. 50 vph turning right out of the facility during a peak hour.
c. 10 vph turning left into the facility during a peak hour.
9.0 Future Road Replacement: At any time in the future,if,in the opinion of County,road
damage increases beyond the point that repair of damage cannot maintain the road in a safe and
usable condition,Property Owner shall pay a proportionate cost of a complete road restoration.
Notification to the Property Owner of the required roadway replacements will be given as soon as
the data becomes available and typically takes place before the end of the year prior to the start of
the replacement project.
10.0 Proportionate Share of Road Maintenance Responsibilities:
10.1 Property Owner shall pay its Proportionate Share of costs of dust control/abatement,
paving, repairs, maintenance, improvements, or future road replacement of any
particular Haul Route Road.Property Owner's Proportionate Share shall be based upon
the percentage of traffic on the road that is attributable to Property Owner's facility.
County personnel will determine the percentage based on then current Equivalent
Single Axle Load(ESAL)Counts.Property Owner shall not be responsible for traffic
that is not sourced from the Property Owner's facility.
10.2 The County shall notify Property Owner of County's preliminary determination and
assessment of Property Owner's proportionate share of costs. Prior to County's final
determination and assessment,County shall provide Property Owner with a reasonable
opportunity to review,comment upon and supplement County's data,collection
Page J cal'l J
4307158 Pages: 4 of 22
06/@2/2017 12:41 PH R Fee:$0.00
Carty Kopper,Clore and Recorder;Wald County,CO
VIII r1R'MCM P'�'LI, � lYlr 11111
methodology,and determinations. The County shall review and consider Property
Owner's input prior to making a final determination and assessment.The County shall
have sole responsibility for determination of Property Owner's proportionate share of
costs.
11. Road Maintenance Collateral:Property Owner shall post Road Maintenance Collateral as
described by Part 2 of this Agreement.
C. On-Site Improvements
1.0 Landscaping and Fencing Requirements:Property Owner shall at its own expense,plant,
install andfor maintain all grass and other landscaping and re-seeding where applicable as shown
on the accepted Construction Plans and/or Plat Map.Additionally,the Property Owner shall install
and/or maintain fencing to screen the property where applicable as indicated on the accepted
construction plans and/or Plat Map. In the event any of these improvements may include work
extending into State or County Right-Of-Way,a Right-Of-Way or access permit is required.
2.0 On-Site Grading,Drainage Facilities and Paving:Property Owner shall,at its sole expense,
grade and/or pave,if applicable,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 Construction Plans and Plat
Map. Any other on-site improvements shall be completed as indicated on the accepted
Construction Plans for this facility.Property Owner shall be responsible for all maintenance of the
on-site improvements. Additional infrastructure improvements will be addressed at the time of
application for any future amended subdivision.Some of these improvements may include work
extending:nto State or County Right-Of-Way in which case a Right-Of-Way or access permit is
required.
3.0 Timing of Improvements: Subject to the provisions of Weld County Code and any
conditions or considerations granted by the Board of County Commissioners,Property Owner shall
not be required to initiate the landscaping requirements until the approval of the grading permit or
an amendment to the existing subdivision.Except with prior County consent,no grading permit
will be released until collateral is posted for all on-site and off-site improvements and the final
Construction Plans have been submitted to and accepted by the Department of Public Works.
Access and/or Right-Of-Way permits might also be required prior to approval of the grading
permit.Grading shall not commence until Construction Plans are accepted.Any alterations to the
accepted Construction Plans must be accepted in writing by the County Planning and Public Works
Departments.At that time,and unless otherwise amended,Property Owner agrees that all
landscaping and other on-site improvements shall be completed within the parameters established
in this Agreement.
4307158 Pages: g of 22
06/02/2017 12:41 PM R Fee:$0.00
Carly Koppel,Clark and Reoorder,Weld County,CO
����I��.r�1'1't'IrIM�I�I�Cr��hl�lrrl�lIr�Wrikil 1 II
Page S of 13
4.0 Acceptance of On-Site Improvements: Upon completion of the on-site improvements,
Property Owner shall contact the Weld County Department of Planning Services and the Weld
County Department of Public Works and request an inspection of the on-site improvements.On-
Site improvements will be accepted in accordance with Part 2 of this Agreement.The BOCC 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.
"End of Part I"
1
43071'38 Pages: 6 of 22
08/02/2017 12:41 PM R Fee:$0.00
Carly Kamm,Clerk and Recorder,Weld County,CO
WdLIMMINALICI riPMANIPTAIWIA/III
U:\Engineering\PLANNING-DEVELOPMENT REVIEW\-DI 6 Planning Referrals\PUDZI6\PEJD/I6-000f Gander Valley\Improvements
Agreement\Gander Valley(PEDZ 16.0001)-Part I Draft IA(8.8-I6)docx
Page 6 of l3
IMPROVEMENTS&ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLI.ATF.RAL FOR IMPROVEMENTS
GANDER VALLEY FARMS RID—PUDZ16-0001
Part 2(of2):General Provisions
A. General Requirements:
1.0 Engiteering Services: Property Owner shall furnish,at its own expense,all engineering
services i■connection with the design and construction of the improvements identified on the
accepted Construction Plans according to the construction schedule set forth in Exhibit"B,"both
of which are attached hereto and incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional Engineer and
Land Surveyor registered in the State of Colorado,and shall conform to the standards
and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of,but not be limited to,surveys,
designs,plans and profiles,estimates,construction supervision,and the submission of
necessary documents to the County.
1.3 Property Owner shall furnish construction drawings for the road improvements on
public rights-of-way or easements and all improvements interior on the Property for
approval prior to the letting of any construction contract.
1.4 Construction Standards: All improvements shall conform to the "Standard
Specifications for Road and Bridge Construction"provided by COOT.
2.0 Ri rrhts-of-wav and Dedication of Right-of-Way: If necessary,Property Owner agrees to
acquire aay property interests,such as right-of-way,utility or access easements.necessary to
complete any improvements required by this Agreement.Any rights-of-way to be dedicated to the
County shall be conveyed by appropriate deed and,after acceptance by the County,recorded in
the records of the Weld Count Clerk and Recorder.
3.0 Construction: Property Owner shall furnish and install, at its own expense, the
improvements identified on the accepted Construction Plans and Plat Map,be solely responsible
for all associated costs.All improvements must be completed in accordance with the schedule set C
forth in Exhibit"B". the Board of County Commissioners,at its option,may grant an extension
of time upon application by the Property Owner. a
o:V
N•3�
3.I Said construction shall be in strict conformance to the plans and drawings accepted by 14
the County and the specifications adopted by the County. °LL
Property Owner shall employ, at its own expense,a qualified testing company pi—
previously approved by the County to perform all testing of materials or construction; ai*„
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 ; "
.t
ees.
us F
party qualified testing company approved by County.Such third party shall furnish the
certified results of all such testing to the County.
3.3 At all times during said construction,the County shall have the right to test and inspect,
or to require testing and inspection of material and work,at 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.
3.4 Permits.Property Owner must still apply for and abide by the terms of any necessary
right-of-way permits,grading permits,and building permits.No work may occur in the
County's right-of-way without a County-issued right-of-way permit and access permit.
4.0 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 said design and
construction of itnproventents,and pay any and all judgments rendered against the County on
account of any such suit,action or claim,together with all reasonable expenses and attorney fees
incurred by County in defending such suit,action or claim whether the liability,loss or damage is
caused by,or arises out of the negligence of 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.
5.0 'lee tancc of lntprovexncnts by the County:Upon written request by the Property Owner,
the County shall accept the Property Owner's improvements,if the following conditions are met:
• the improvements have been completely constructed,and
• The Property Owner's Engineer has filed a Statement of Substantial Compliance,and =_
• The County Engineer has inspected the improvements and agrees they arc complete. •
2
5.1 The County does not represent that the improvements will be constructed and/or 31--
available
for their intended use(s). The County does not assume liability for ,,se
improvements designed and/or constructed by others.
5.2 If approved by the County Engineer,portions of the improvements may be placed in Q32
service,but such use shall not constitute an acceptance by the BOCC.
County may,at its option, issue building permits far construction for which the magi.,
improvements detailed herein have been started but not completed according to the i2
schedule shown on Exhibit"B,"and may continue to issue building permits so long as
the progress of work on the subdivision improvements in that phase of the subdivision
Nu_
is satisfactory to the County,and all terms of this Agreement have been faithfully kept '":�
by Property Owner.
nagar
I'agrt,IS
6.0 Warranty Period:Property Owner agrees to warrant the improvements for two years from
the date tl-e improvements are accepted by the County.Upon completion of the two-year warranty
period aril at the request of the Property Owner, the County Engineer shall inspect the
improvements and direct the Property Owner to correct any deficiencies.The County Engineer
shall re-inspect after all corrections have been completed.If the County Engineer finds that the
improvements are constructed according to County standards and the accepted Construction Plans,
he/she shall recommend full acceptance.Upon receipt of the County Engineer's unqualified
recommendation for acceptance,the BOCC shall accept the improvements.
7.0 General Requirements for Collateral:County requires Property Owner to provide collateral
to guarany all of Property Owner's obligations under this Agreement:(1)Project Collateral for
completicxi of improvements described in this Agreement;(2)Warranty Collateral required for all
improvements during the warranty phase;and(3)Road Maintenance Collateral(If Applicable)to
he kept in place for the life of the permit.
7.1 Project Collateral—Property Owner shall submit Project Collateral in a form accepted
by Weld County to guarantee completion of any improvements.Such collateral must
be equivalent to One-Hundred Percent(100%)of the value of the improvements as
shown in this Agreement.This collateral must be submitted to County upon the
execution of this Agreement,or at a time determined acceptable by the BOCC,and
shall be held in total by County until such improvements are accepted and collateral is
released by the BOCC.
7.2 Warranty Collateral for all improvements shall he submitted to County and shall be
held in total by the County for two(2)years following its written acceptance of the
improvement(s).
7.3 If required by Part 1 of this Agreement, Road Maintenance Collateral shall be
submitted to County at the time of approval of this Agreement.Road Maintenance
Collateral is held for use on roads associated with the designated haul route. The
submitted amount shall be S3,60(I.00 for facilities adjacent to paved haul route roads
or$2,400.00 for facilities adjacent to gravel haul route roads.
7.4 Collateral may be in any form permitted by Weld County Code Chapter 2,Section 3. =_
7.5 The Board of County Commissioners reserves the right to reject collateral as permitted
by Weld County Code Chapter 2 Section 3.
U
7.6 Collateral shall he released in accordance with the provisions of Weld County Code
Chapter 2 Section 3, �MZ
m:=-t
B. Violations of Nereement and Remedies N 3
1.0 Violation of Terms of Agreement:If in County's opinion,Property Owner has violated any .1;;ag
of the te-ms of this Agreement.County shall so notify Property Owner and shall state with VA
specificity the facts and circumstances which County believes constitute the violation.Property!
Owner stall have thirty(30)days within which to either cure the violation or demonstrate
eompliaroe.Thereafter.County may seek any remedy described in this Agreement or otherwise
provided by law. w�
Page 9u113 Wig
�.�ll�
2.(1 Termination of Agreement:'lamination Event,This Agreement shall terminate upon the
earliest of the following events:
2.1 Cessation of all Permit Related Activities:Termination of this Agreement shall occur
upon Property Owner's complete cessation of all activities permitted by the PUDZ.A
partial cessation of activities shall not constitute a Termination of this Agreement,nor
shall County's issuance of a partial release constitute a Termination.Unless informed
in writing by the Property Owner of cessation of activities,and verified by the County,
cessation shall be presumed if the County determines that the PUDZ has been inactive
for three(3)years.Property Owner shall not be entitled to a release of Project or
Warranty Collateral unless and until the improvements required by this Agreement are
completed.
2.2 Execution of Replacement Agreement:This Agreement shall terminate following
County's execution of a new Improvements Agreement with a new l'roperty Owner or
Operator who has purchased the Property or has assumed the operation of the business
permitted by the PUDZ,and intends to make use of the rights and privileges available
to it through the then existing PUDZ.
2.3 Revocation of PUDZ:This Agreement shall terminate following County's revocation
of Property Owner's PUDZ,except that the Property Owner shall only be released from
this Agreement after the successful completion ofall improvements required under this
Agreement,which may be completed by County after accessing Property Owner's
collateral if Property Owner fails to complete such improvements.
3.0 Revocation of PUDZ:Property Owner acknowledges that failure to comply with the terms
of this Agreement constitutes cause to revoke the PUDZ,and County may exercise this option in
its sole discretion by proceeding with revocation under the then current provisions of the Weld
County Code.
4.0 County Completion of lmprovements/Accessing Collateral:County reserves the right to
access any collateral provided by Property Owner in order to complete the improvements required =
under this Agreement,if Property Owner fails to do so for any reason,after receiving notice of a f:
violation of the terms of this Agreement as provided herein.
5.0 Court action:Upon notice of violation and failure to cure within the time permitted by this or
Agreement,County may seek relief in law or equity by filing an action in the Weld District Court,
except that no such civil action or order shall he necessary to access collateral for the purpose of
completing improvements as described above.
Nm =
N
C. Miscellaneous Provisions. o
1.0 t)ctiesilions: aa`4
IELP-
1.1 All references in this Agreement to"County Engineer"shall refer to the any individual trw,
or individuals appointed by the County Engineer to act on his/her behalf.
1.2 All references to"Haul Routes"include identified travel routes for subdivisions; Si
pa,Ill of 13 f^`�.K#g
references to"haul vehicles"include subdivision vehicular traffic,as applicable.
1.=All references to"Property Owner"shall include any individual or entity,including an
"(perator",who is acts on behalf of the Property Owner regarding this Agreement.
2.0 Successors and Assigns: This Agreement may not be delegated,transferred or assigned in
whole or in part by Property Owner without the express written consent of County and the written
agreement of the party to whom the obligations under this Agreement are assigned.Property
Owner's "elease of its obligations shall be accomplished by County's execution of a new
Improvements Agreement with the successor owner of the property.Consent to a delegation or an
assignmert will not be unreasonably withheld by County.County's rights and obligations under
this Agreement shall automatically he delegated,transferred or assigned to any municipality
which,6r, and through annexation proceedings, has assumed jurisdiction and maintenance
responsibiiity over the roads affected by this Agreement.All of the terms and conditions set forth
in this Agreement shall he binding upon the heirs,executors,personal representatives,successors
and assigns of Property Owner,and upon recording by the County,shall be deemed a covenant
running with the land herein described.
3.0 Governmental Immunity:No term or condition of this agreement 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 Enforcement: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 contained in this
Agreement shall give or allow any claim or right of action whatsoever by any other person or entity
not included in this Agreement.It is the express intention of the undersigned parties that any person
or entity,other that:the undersigned parties,receiving services or benefits under this Agreement
shall be an incidental beneficiary only.
5.0 Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto
and incorporated herein,contains the entire agreement between the parties with respect to the
subject minter contained in this Agreement. This instrument supersedes all prior negotiations,
representations.and understandings or agreements with respect to the subject matter contained in
this Agreement.This Agreement may be changed or supplemented only by a written instrument 2
signed by both parties. sR
�.r
6.0 Board of County Commissioners of Weld County Approval. This Agreement shall not
he valid'mil it has been approved by the Board of County Commissioners of'Weld County, um
Colorado or its designee. .31g
7.0 Choice of l,aw/Jurisdiction.Colorado law,and rules and regulations established pursuant °014,7,
thereto,shall he applied in the interpretation,execution,and enforcement of this Agreement.Any Jr_
provision included or incorporated herein by reference which conflicts with said laws,rules and/orEa
regulations shall be null and void.In the event of a legal dispute between the parties,Property mY;";!
Owner agees that the Weld County District Court shall have exclusive jurisdiction to resolve said :F.
dispute.
�pA
1'rlei 11 0f 13 N�`�
8.0 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.
9.0 Attorney Fees/Legal Costs:In the event of a dispute between County and Contract
Professional,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.
10.0 finding 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.
11.0 Authority to Sign:Each person signing this Agreement,and associated Exhibits,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.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the
day and year first above written.
PROPERTY OWNERS: •
SIGNATURE CUP r 4';frue--t FP 12,5 L.T17. CI)ItakA
PRINTED NAME J f DES S.
TITLE(If Applicable) f r1.Es►ot
STATE OI'COLORADO )
) ss. 2
County of Weld ) Si
The foregoing instrument was acknowledged before me this day of c ( . ,2016, °*_
by +t -e Linda U lle ink. J _ a ='
_a��.S. t11 hoc S �-_. �. �
WITNESS my hand and official seal. °�9,
—
Notary Public �Y
CHRISTINA MARIE HARRIS
NOTARY PUBLIC
STATE OF COLORADO dQ:=y
Notary ID 20164036583
My Commission Expires 09/17/2019
Si 15
P.C.=
Page 1'_or
Omu�
ATTEST: djajyt f�.. 4 BOARD OF COUNTY COMMISSIONERS
Weld Co y Clerk to the Board WELD COUNTY,COLORADO
BY: cLiel/.46)02/
Deputy Cle to the board ulie Cozad,Chair
APPROVED AS TO FORM: APPROVED AS T TANCE:
Vrit.44 -
County Attorney d F.. e d i or Department Head
►861143;11.40�
\Engineering\PLANN(NG—DEVELOPMENT REVI1:11M2016 Planning Referrals\PUDZ16\PUDZI6.0001 Gander Valle)\Improvements
Agreement\.der Valley(PUDZ16.0001)-Pan 2 Draft IA(8.8-16)docx
4307138 Pagss: 13 of 22
08/02/2017 12:41 PM R Fee:$0.00
Carly Kowa,Clark and Recorder,Weld County,CO
lIIIMP.#111Yl0241M t�h'� M�,I VIII 11111
Page 13 of 13
aQt"1-15-1eg
Hello