HomeMy WebLinkAbout20230476.tiffRESOLUTION
RE: APPROVE RELEASE OF PROJECT COLLATERAL, ACCEPT WARRANTY
COLLATERAL, AND AUTHORIZE CHAIR TO SIGN, FOR PLANNED UNIT
DEVELOPMENT FINAL PLAN, PUDF18-0007 (SPANISH FOX ESTATES) -
LAWRENCE AND JACQUELYN BEBO
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 January 30, 2019, the Department of Planning Services administratively
approved Site Specific Development Plan and Planned Unit Development Final Plan,
PUDF18-0007, for Lawrence and Jacquelyn Bebo, P.O. Box W, Berthoud, Colorado 80513, for
nine (9) Residential lots with E (Estate) Zone Uses, one (1) Agricultural Outlot and an open space
easement, for a parcel of land located on the following described real estate, to -wit:
Lot A of Recorded Exemption, 2AMRECX17-04-3669; located in
part of the E1/2 SE1/4, along with the NE1/4 SW1/4, and the W1/2
SE1/4 to the north line of the Little Thompson River, all in
Section 19, Township 4 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, the applicant's authorized agent was Kent Bruxvoort, KBC Engineers,
5014 Rose Court, Fort Collins, Colorado 80528, and
WHEREAS, on March 4, 2020, pursuant to certain Conditions of Approval, the Board
approved 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 Lawrence and Jacquelyn Bebo,
representatives of Spanish Fox Estates, with further terms and conditions being as stated in said
agreement, and accepted project collateral in the form of Performance Bond #107166005
representing project collateral required for off -site improvements in the amount of $308,844.00,
issued by Travelers Casualty and Surety Company of America, One Tower Square, 2SHS,
Hartford, Connecticut 06183, and
WHEREAS, the Department of Planning Services received a request from Lawrence and
Jacquelyn Bebo, representatives of Spanish Fox Estates, requesting that the Board of County
Commissioners release the currently held project collateral, in the total amount of $308,844.00,
and accept warranty collateral in the form of Decrease Certificate #107166005, guaranteed by
Travelers Casualty and Surety Company of America, One Tower Square, 2SHS, Hartford,
Connecticut 06183, decreasing the amount of Performance Bond #107166005 from $308,844.00
to $46,326.60, to be held for the duration of the two (2) year Warranty Period, and
WHEREAS, staff from the Weld County Departments of Public Works and Planning
Services have conducted a site inspection and recommend full release of project collateral and
acceptance of warranty collateral for the aforementioned off -site improvements, and
4885141 Pages: 1 of 2
03/06/2023 03:18 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
"III
cc: pt. (Tr /)4*(/oaf rmivotjca)
a 3 /08 /2.3
2023-0476
PL2469
RELEASE PROJECT COLLATERAL, AND ACCEPT WARRANTY COLLATERAL
(PUDF18-0007 (SPANISH FOX ESTATES)) - LAWRENCE AND JACQUELYN BEBO
PAGE 2
WHEREAS, upon recommendation of staff, the Board deems it advisable to release the
currently held project collateral, in the amount of $308,844.00, and accept warranty collateral in
the form of Decrease Certificate #107166005, guaranteed by Travelers Casualty and Surety
Company of America, One Tower Square, 2SHS, Hartford, Connecticut 06183, decreasing the
amount of Performance Bond #107166005 from $308,844.00 to $46,326.60, to be held for the
duration of the two (2) year Warranty Period, 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 Performance Bond #107166005, in the amount of $308,844.00,
guaranteed by Travelers Casualty and Surety Company of America, be, and hereby is, released,
and warranty collateral in the form of Decrease Certificate #107166005, guaranteed by Travelers
Casualty and Surety Company of America, One Tower Square, 2SHS, Hartford,
Connecticut 06183, decreasing the amount of Performance Bond #107166005 from $308,844.00
to $46,326.60, to be held for the duration of the two (2) year Warranty Period, be, and hereby is,
accepted.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said Decrease Certificate.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of February, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: da,a44) J440;4,
Weld County Clerk to the Board
County Attorney
Date of signature: 02/7023
4885141 Pages: 2 of 2
03/06/2023 03:18 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
Ruth, 4V4h, Aid "III
2023-0476
PL2469
0# bZ,4
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item — Reduction of Project Collateral through Acceptance of
Warranty Collateral for: Lawrence and Jaquelyn Bebo — Spanish Fox Estates — PUDF18-0007
DEPARTMENT: Planning Services DATE: January 25, 2023
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from Lawrence and Jaquelyn Bebo, representatives of Spanish
Fox Estates, requesting that the Board of County commissioners consider reducing the currently hel roject Collateral for
Spanish Fox Estates from $308,844.00 to $46,3260. Warranty Collateral in the amount of $46,3260 is required to be
help for the duration of the two-year warranty period. Warranty Collateral has been provided in the form of a Bond Rider to
the original Performance Bond #107166005, issued by Travelers Casualty and Surety Company of America.
Weld County Planning Services and Public Works Departments performed a site inspection, at the above -mentioned site,
and observed the following:
• All items on Exhibit C, of the Improvements Agreement According to Policy Regarding Collateral for Improvements
Document Tyler #2020-0773, have been completed and are found to be acceptable.
The County Attorney's Office has reviewed the Improvements Agreement and Collateral requirements and recommends
this reduction 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 part of the Regular Agenda.
Weld County Collateral List:
Bebo, Lawrence and Jacquelyn (PL2469, #2020-0773) PUDF18-0007
Improvements and Road Maintenance Agreement
Contract ID 3402 — Approved 03/04/20
Performance Bond #107166005 issued by Travelers
Casualty and Surety Company of America
$308,844.00
Recommendation:
The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending
approval of the reduction of collateral for Lawrence and Jaquelyn Bebo — Spanish Fox Estates — PUDF18-0007.
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
A rove Schedule
R rnendation Work Session Other/Comments:
2023-0476
°at, 5
PL Co9
Cheryl Hoffman
From:
Sent:
To:
Subject:
Attachments:
Jazmyn Trujillo Martinez
Tuesday, January 31, 2023 1:27 PM
Cheryl Hoffman; Daniel Mesa; Dawn Anderson; Esther Gesick; Karla Ford; Tom Parko Jr.
BOCC JA REVIEW - PUDF18-0007 - Bebo/ Spanish Fox Estates
PA and Waranty Collateral PUDF18-0007 Bebo.pdf
ATTACHED BOCC PA REVIEW
Improvements Agreement: Reduction of Project Collateral and Acceptance of Warranty Collateral Bond Rider
Case/Applicant: PUDF18-0007 — Lawrence and Jaquelyn Bebo — Spanish Fox Estates
Please note: Regular Agenda
Thank you, Karla!
Best,
Jazmyn Trujillo -Martinez
Development Review
Weld County Planning Services
1555 North 17`h Avenue
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. Aiy 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.
1
TRAVELERS J
Principal: Lawrence L. Bebo
735 East Highway 56
Berthoud, CO 80513
Obligee: Weld County
1150 O Street
Greeley, CO 80632
As of
DECREASE CERTIFICATE
Bond No. 107166005
License No.
Amount of Bond: s308,844.00
Hereby decreased to: 546,326.60
December 12, 2022 , the amount of the above described bond is hereby decreased from the
sum of S308,844.00 to the sum of $46,326.60 for all past, present, and future liability.
Provided, however, that the liability under the above described bond, as changed by this Certi icate, shall not be
cumulative. This Certificate, when signed by the Obligee, shall become part of the said bond.
Signed, sealed, and dated
December 12, 2022
•
elers Casualty and Surety Company of America
Krist n C. Fox ` Attorney -in -Fact
By:
The Obligee hereby formally consents to the decrease.
Signed, sealed, and dated on this 15th day of February , 2023 .
ATTEST:
Weld Coisaty. lerk(�oBo�d
G-•tiC
BY
Deputy C oard
By:
•
I
Weld County
Obligee
Mike Freeman, Chair, Bo
County Commissioners
INSTRUCTIONS TO AGENTS - IMPORTANT
The Obligee must sign, seal, and date this Certificate. One signed copy must be returned to the Surety.
F -305-C (6/09)
T?4VELER5J
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and
St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein
collectively called the "Companies"). and that the Companies do hereby make, constitute and appoint Kristen C Fox of
CENTENNIAL , Colorado , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and
acknowledge any and all bonds. recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of
the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or
guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April,
2021.
State of Connecticut
By:
City of Hartford ss.
enior Vice President
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior
Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2026
711.14C:F:
P N$
! r.nlettY
Y 1
P U?AJC
00:011
Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of
the Companies, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint
Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority
may prescribe to sign with the Company's name and seal with the Company's seal bonds. recognizances, contracts of indemnity. and other writings
obligatory in the nature of a bond, recognizance. or conditional undertaking, and any of said officers or the Board of Directors at any time may
remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or
any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided
that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance,
or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive
Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the
Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;
or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her
certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority: and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President,
any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to
any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -
Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of
Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed
and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or
understanding to which it is attached.
I, Kevin E. Hughes, the undersigned. Assistant Secretary of each of the Companies, do hereby certify that the abcve and foregoing is a
true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect.
Dated this dayDaCCin6r
1v�
Kevin E. Hughes, Assistant Secretary
To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880.
Please refer to the above -named Attorneys) -in -Pad and the details of the bond to which this Power of Attorney is attached,
Jazmyn Trujillo Martinez
From:
Sent:
To:
Cc:
Subject:
Justus Bebo <jjbebo@lmenterprisesinc.com>
Wednesday, December 8, 2021 3:45 PM
Mike McRoberts
Jazmyn Trujillo Martinez; Dawn Anderson; Daniel Mesa
RE: PUDF18-0007 - Bond Release Procedure
Caution: This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Jazmyn,
I would like a request a final inspection and release of project collateral.
Thanks,
Justus
From: Mike McRoberts <rnmcroberts@weldgov.com>
Sent: Wednesday, December 8, 2021 3:04 PM
To: Justus Bebo <jjbebo@Imenterprisesinc.com>
Cc: Jazmyn Trujillo Martinez <jtrujillomartinez@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>; Daniel
Mesa <dmesa@weldgov.com>
Subject: FW: PUDF18-0007 - Bond Release Procedure
Hi Justus,
You will need to contact Jazmyn Trujillo -Martinez. See below for her contact information.
Regards,
Mike McRoberts, P.E.
Development Review Engineer
Weld County Planning & Zoning
1555 N. 17t"Avenue
Greeley, CO 8O631
(970) 4O0-3798
From: Jazmyn Trujillo Martinez <ltrujillomartinez@weldgov.com>
Sent: Wednesday, December 8, 2021 11:48 AM
To: Mike McRoberts <mmcroberts@weldnov.com>; Dawn Anderson <dranderson@weldgov.com>
1
Jazmyn Trujillo Martinez
From:
Sent:
To:
Subject:
Hi Jazmyn,
Daniel Mesa
Wednesday, January 25, 2023 9:50 AM
Jazmyn Trujillo Martinez
re: PUDF18-0007
After review of the Spanish Fox Subdivision PUDF18-0007 it looks like we are able to refer this to the board for release of
construction collateral. Dawn says to get together with you on it so it can be processed and to make sure we are both
available for the board hearing...
I send Justus Bebo an note stating that he would probably be hearing from you on hearing date etc.
Let me know if there is anything else you need from me or questions.
Thanks,
da;nhare:fet
Engineering Tech / Inspections
Weld County Planning Services
1555 N. 17th Ave.
Greeley, CO 80631
Email: dmesa@weldgov.com
Office: (970) 400-3738
I
(IranLed Vt&
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Improvements and Road Maintenance Agreement for:
Lawrence and Jacquelyn Bebo — PUDF 1 8-0007
DEPARTMENT: public Works DATE: January 20, 2020
PERSON REQUESTING: Tisa Juanicorena
Brief description of the Issue;
The Department of Public Works received a request from the applicant, Lawrence and Jacquelyn Bebo, requesting
that the Board of County Commissioners consider approving the Improvements and Road Maintenance
Agreement for (PUDF 18-0007). Collateral is required with this agreement and has been provided in the form of
a Performance Bond #107166005, in the amount of $3 08,844.00, and issued by Travelers Casualty and Surety
Company of America.
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 Alaintenance Agreement According To
Policy Regarding Collateral For Improvements", arc found to be acceptable.
• This Agreement complies with the terms of the Final Planned Unit Development Permit, as signed by the
Director of Planning Services.
Wbat options exist for the Board?
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option L 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 for PUDF 18-0007, and that this item be placed on the next regularly scheduled
BOCC Hearing, as part of the Regular Agenda.
Approve
R4commcrtdatica Othcr/Commcntai
I
Sean P. Conway
Mike Freeman, Chair
Scott K. James
Barbara Kirkrneyer
Steve Moreno, Pro -Tern
D3 X0`1
Pc.vf0Tdh113T,
Cc: L(CC, (KB)
03IIrI90
2020-0773
Pl_Lit6T
Karla Ford
From:
Sent:
To:
Subject:
Approve
Steve Moreno
Weld County Commissioner At Large
1150 0 Street
PO Box 758
Greeley CO 80632
Phone: 970-336-7204 Ext. 4207
Fax: 970-336-7233
Email: smoreno@co,welco.us
Website: www.co.weld.co.us
Steve Moreno
Thursday, January 23, 2O2O 9:4O AM
Karla Ford
RE. Please Reply - PA REVIEW IA PUDF18-OOO7 Bebo
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: Karla Ford <kford@weldgov.com>
Sent: Thursday, January 23, 2020 8:10 AM
To: Steve Moreno <smoreno@weldgov.com>
Subject: Please Reply - PA REVIEW IA PUDF18-OOO7 Bebo
Please advise If you approve recommendation. Thanks!
Karla Ford X
Office Manager, Board of Weld County Commissioners
1150 0 Street, 0.O, Box 758, Greeley, Coloradc 80632
:: 970.336-7204 :: kfQrd weldgov.con :: www.weldclov.com
My working hours are Monday -Thursday 7:00a.m.•4:00 p.m,
Friday 7:00a,m. - Noon
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
LAWRENCE AND JACQUELYN BEBO - PUDF18-0007
THIS AGREEMENT is made this _j�day of , 2020, by and between Lawrence and
Jacquelyn Bebo, whose address is P.O. Box W, Berthoud, Co 80513, 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:
Lot A of Recorded Exemption, 2AMRECX 17-04-3669,
located in part of the E1/2 SE1/4, /4, along with the NE1/4
/4
SW1/4, /4, and the W1/2 SE1/4 /4 to the north line of the Little
"Thompson River, all in Section 19, Township 4 North,
Range 68 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
PUDF 18-0007 for nine (9) Residential lots with E (Estate) Zone Uses, one (1) Agricultural Outlot and an
open space easement, and
WHEREAS, Property Owner acknowledges that the final approval of PUDF 18-0007 is conditional
upon Property Owner's funding and/or construction of the improvements and road maintenance described
in this Agreement and depicted in the following incorporated exhibits:
Exhibit A - On -Site Improvements Costs of Construction,
Exhibit B - On -Site Improvements Construction Schedule,
Exhibit C - On -Site Construction Plans,
Exhibit D - Plat Map, and
O
U -t
WHEREAS, Property Owner acknowledges no building permits will be issued for any lot described
in PUDF18-0007 until said improvements have been completed and accepted by County, and
;__ WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code
5 L'E Section 24-3 80, 24-4-70, and 27-8-60, if no construction has begun or no use established within three (3)
�m ar years of the date of the approval of the final plan or plat, the Board of County Commissioners may require
a A Ma
I1/4 the Property Owner to appear before it and present evidence substantiating that the development has not
N N i - Z• been abandoned, and that the Property Owner has the willingness and ability to continue development, and
'•• 0 t) understands they will need to be incompliance with current federal, state and local standards at that time,
oar
r, ;'= and
..
aEriN
: WHEREAS, the parties agree that the Property Owner shall provide collateral for certain
•e 4 improvements required a...3i
p q by this Agreement when the Board of County Commissioners approves this
Mc) Agreement.
Ngm
a No"I
NAY`_
eso
Lawrence and Jacquelyn Bebo - PUDF18-0007 - ONSIA19-0001
Page 1 of 10
a oav - 0773
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 I: SITE SPECIFIC PROVISIONS
A. On -Site Imursveweutt: Property Owner shall be responsible for the construction of all On -Site
Improvements as shown on the accepted Exhibits of PUDF 18-0007. 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
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 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 Exhibits. Any other on -site improvements shall be completed as
indicated on the accepted Construction Plans for this PUD. Some of these improvements may include work
extending into State or County ROW in which case a ROW 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. 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.
_.r
4.0 Construction Schedule Exhibit. Exhibit B 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
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
improvements, and/or the Public Works Department who conducts inspections for all 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 Public Works Department. Then, Public Works
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.
s
Lawrence and Jacquelyn Bebo - PUDF18-0007 - ONSL419-0001
Page 2 of 10
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.
B. Maiateaanee Requirements:
1.0 Property Owner shall be responsible for maintaining all common elements, including on -site
"internal" roadways and drainage features within the PUD. Property Owner shall also be responsible for
certain maintenance requirements related to the following designated County Roads (the "travel routes"):
County Road 3 between HWY 56 and County Road 40.5, excluding all portions of travel routes outside the
jurisdiction of Weld County.
2.0 Dust Control. Property Owner shall be financially responsible for dust control on unpaved
designated travel routes including on -site "internal" roadways during and after completion of construction.
The amount and extent of dust control will be determined by site -specific conditions at the time, as
determined exclusively by County personnel.
2.1 Oust Control During Construction.. If necessary, as determined by the County, the Property
Owner shall cause to be performed within 30 days of notification, at its sole expense, dust control
by a contractor approved by Weld County Public Works during the construction period of the
development.
3.0 Repair. Property Owner shall be financially responsible for its proportional share of excavation,
patching, and pavement repair on designated travel routes. The amount and extent of repair will be
determined by site -specific conditions at the time, m determined exclusively by County personnel.
4.0 Calculation of Prgperty Owner's Proportional Share of Costs. For costs which under this
Agreement which are not the sole expense of the Property Owner, the County shall notify Property Owner
of County's preliminary determination and assessment of Property Owner's proportional share of costs of
maintenance and/or repair to the travel routes. 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 methodology, and determinations. The County's preliminary determination shall
consider available traffic data, including percentage of vehicular traffic associated with trucks, percentage
of truck traffic by type, the relative impact of buck traffic versus light vehicle traffic, and traffic direction
taken by Property traffic. The County shall make available to the Property Owner all traffic data reasonably
available to the County for the travel routes and used to make its preliminary determination. The County
shall review and consider Property Owner's input prior to making a final determination and assessment.
The Property Owner shall have the right to appeal the final determination and assessment to the Weld
County Commissioners. The County shall have sole responsibility for determination of Property Owner's
proportional share of costs. Property Owner agrees to pay such proportional share of costs within 90 days
of receiving an invoice from County.
5.0 Road Inspection. County may conduct a road inspection annually, or m needed, with the
cooperation of Property Owner and all other Property Owners and/or Lessees who are required by County
to participate in road maintenance agreements for the travel routes designated in this Agreement. As a result
of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further
determine what road repair and/or maintenance work is to be performed during that construction season.
Notification to the Property Owner of the required roadway repairs will be given as soon as the data become
available.
Lawrence and Jacquelyn Bebo - PUDF 18-0007 - ONSIA 19-0001
Page 3 of 10
PART II: GENERAL PROVISIONS
A. gaeineerine and Construction Requirements:
1.0 Eggigeering Services, Property Owner shall furnish to County, at its own expense, all engineering
services in connection with the design and construction of the improvements and all on -site drainage -related
structures, which may also include those required by any Municipal Separate Storm Sewer System (MS4)
permit, identified on the accepted Construction Plans according to the construction schedule set forth in the
construction 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 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 furnisher) 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, which may also include those 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 ccnstruction 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 Toting. 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 constniction 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 improvements shall conform to the current
version of CDOT's "Standard Specifications for Road and Bridge Construction" and the Weld County
Engineering and Construction Guidelines.
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.
Lawrence and Jacquelyn Bebo - PUDF 18-0007 - ONS1A 19-0001
Page 4 of 10
B. Collateral:
1.0 General Requirements 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 improvements as applicable, as described in this Agreement; (2) Warranty Collateral
is required for all improvements during the two-year warranty period. Collateral acceptance and release
are governed by the Weld County Code.
1.1 Project Collateral shall be submitted to guarantee completion of certain on -site and all
required 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 maybe amended from time to time.
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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
improvements, and the Department of Public Works conducts inspections for all 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.
3.2 Prior to release of collateral by Weld County for the
entire project or for a 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
Lawrence and Jacquelyn Bebo - PUDF18-0007 - ONS1A19-0001
Page 5 of 10
Transportation (CDOT) Schedule for minimum materials sampling, testing and
inspections found in CDOT Materials Manual.
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.
3.2.4 The Statements of Substantial Compliance must be accompanied, as
applicable, by a letter of acceptance of maintenance and responsibility by
the appropriate utility company, special district, or town for any utilities.
3.2.5 A letter must be submitted from the appropriate Fire Authority, if
applicable, indicating the fire hydrants are in place in accordance with the
approved plans. The letter shall indicate if the fire hydrants are operational
and, if required by the County, state the results of fire flow tests.
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 Imgrovementa:
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 approve the improvements and request the
▪ Board of County Commissioners authorize release of collateral for On -Site Improvements.
2 2.0 Inspection. Approval. and Acceptance Process:
o
2.1 Upon completion of construction of all required improvements as described in the
Construction Plans, Property Owner shall submit to the Weld County Department of Public Works
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 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
°pmt constructed in accordance with the Construction Plans, the County shall initially approve the
a.If 5 Improvements.
2.2 Two -Year Warranty Period. Such initial approval begins the two-year warranty period.
Upon completion of the two-year warranty period, County Public Works personnel shall, upon
Lawrence and Jacquelyn Bebo - PUDF 18-0007 - ONS1A19.000I
Page 6of10
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 fmds that the
improvements are constructed according to County standards, he or she shall approve the
improvements. Such final approval shall authorize the Property Owner to request the Board of
County Commissioners release the Warranty Collateral.
2.3 Placement of Improvements into Service Prior to Count/ Approval. If requested by the
Property Owner and agreed by the County, portions of the improvements maybe 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.
2.4 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:
1.0 Access Permits. Operator shall not use any access onto any County road unless and until an access
permit has been issued by the Department of Public Works. Public Works 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 PROW) 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 Permits. 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.
E. gnforeement and Reunifies:
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.
Lawrence and Jacquelyn nebo - PUDFI 8-0007 - ONSIA 19-0001
Page 7 of 10
2.0 Remedies for Breach by Property flamer. 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
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 Sections 24-3-80, 24-4-70, and
27-8-60. 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.
3.2 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 This Agreement shall be assigned by the Property Owner to the Homeowners' Association
(HOA) in accordance with the provisions provided in the Declarations associated with the
residential subdivision. However, in all other circumstances, the 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 all cases other than an assignment to the HOA, 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.
Lawrence and Jacquelyn Belo - PUDF I8-0007.ONSIA 19-0001
Page 8 or 10
2.0 Sevetability. 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
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.
1 8
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7.0 Attorneys' Feesflegal 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
Lawrence and Jacquelyn Bela - PUDF18-0007 - ONSIAI9-000l
Page 9 of 10
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 thriller 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 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.
PROPERrAB' I wrence and Jacquelyn Bebo
By: Date: 0 k 10-1/0cat)
N
Tine: O wn "
STATE OF COLORADO
SS.
County of Weld
The foregoing instrument was acknowledged before me this day of
2020 , by 1.0. nf4.-1 \tt-• Sa00
WITNESS my hand and official seal.
MINNA BRADSHAW
NOTARY PUBLIC • STATE OF COLORADO
Notary ID N20104035960
, ,CommNalon Blares 1/5/2023
otary Public
WELD COUNTY:
_ Cam.
ATTEST: Cl.6gw1</ BOARD OF COUNTY COMMISSIONERS
Weld C ' Clerk to the l ard,� , ""+� WELD COUNTY, COLORADO
BY
Deputy C
t o Freeman, Chair
Lawrence and Jacquelyn Beta - PUDF18-0007 - ONS1A 19-000I
Page 10 of 10
MAR 0 4 2020
„vow _fl773
PERFORMANCE BOND FOR
HOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
BOND N 107166005
KNOW ALL PERSONS BY THESE PRESENTS, that Larry Bebo , an
Individual, whose principal address located at 20441 County Road 3,
Berthoud, CO 80513, hereinafter called "Principal", and Travelers
Casualty and Surety Company of America, One Tower Square, 2SHS,
Hartford CT 06183
hereinafter called "Surety" are held and firmly bound unto Board of
County Commissioners of Weld County, Colorado, on behalf of Weld
County, Colorado, hereinafter called "Obligee" in the full and penal
sum of Three hundred eight thousand eight hundred forty four and
00/100 dollars ($ 308,844.00 ), lawful money of the United
States for the payment of which well and truly made, we bind ourselves,
our heirs, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the above -bound Principal has entered into an
Improvements Agreement, dated January 7,2020 , with Obligee,
and
WHEREAS, The Improvements Agreement requires Principal to obtain
a performance bond in an amount equal to the total cost of the
improvements for which Principal is responsible and naming Obligee as
beneficiary, and
WHEREAS, the value of improvements for which Principal is
responsible equals Three hundred eight thousand eight hundred forty
four and 00/100 dollars , ($308,844.00 ).
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
Principal shall well, truly and faithfully perform its duties, and all
of its undertakings, covenants, terms, and conditions as set forth in
the Improvements Agreement, and if Principal shall satisfy all claims
and demands set forth in said agreement, and shall fully indemnify and
save harmless Obilgee from all costs and damages which it may suffer by
reason of Principal's failure to perform as agreed, and shall reimburse
and repay Obligee all outlay and expense which Obligee may incur in
making good any default, then this obligation shall be null and void;
PROVIDED FURTHER, that if Principal shall default in any of its
obligations set forth in the Improvements Agreement, and thereafter
fail to fully indemnify and save harmless Obilgee from all costs and
damages which it may suffer by reason of said default, this obligation
shall remain in full force and effect;
PROVIDED FURTHER, that Surety, for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition to the
terms of the Improvements Agreement to the work to be performed
thereunder, shall in any way affect its obligations on this bond, and
it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Improvements Agreement.
PROVIDED FURTHER, this bond is NONCANCELLABLE, and shall renew
annually automatically, from the date of this bond until its release by
Obligee, to guarantee that Principal shall well, truly and faithfully
perform its duties, and all of the undertakings, covenants, terms, and
conditions set forth in the Improvements Agreement, and any extensions
thereof which may be granted by Obligee with or without notice to
Surety.
The parties to this Performance Bond acknowledge that through the
Improvements Agreement, Obligee reserved the right to require Principal
to obtain a different Performance Bond from a financial institution
other than Surety in the event that the rating of Surety by AM Best
falls below a B+ rating.
IN WITNESS WHEREOF, this instrument is executed in four {4) ��
counterparts, each one of which shall be deemed an original, this
day of January
ry
(SEAL)
Address
tness
Address
By: DUfAO,X.
Title
By: a�1iv'f' M�:r►. /.iLvs" 1v
Renee cReynolds, At t•t e i —Fact
0P440dc(a.121-01 p #101
Address
/ 0VQJQWcd, Coo ° S'3
Addreoo
IMPORTANT: Surety company executing bond must appear on the Treasury
Department's most current list (Circular 570 as amended) and be
authorized to transact business in the State of Colorado.
Bond must be accompanied with Attorney -in Fact's authority from the
surety company certified to include the date of the bond.
TRAVELERS?
Travaders Casualty and Surety Company of America
Travelers Casualty and Surety Company
St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.
Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively calved the
"Companies"), and that the Companies do hereby make, cons.. and appoint Renee McReynolds of LOVELAND
Colorado , their true and lawful Attorney -in -Fact to sign, execute, seal and admowledge arty and e1 bonds, recognizances.
conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the
fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required ed or permitted in any
actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this Instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February,
2017.
State of Connecticut
By:
City of Hartford ss. R Raney, Sefea Vice President
On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of
Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine insurance Company, and
that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations
by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2021
r(Van;*t. C. ,*
Mara C. Tetreault, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and
Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in
full forte and effect, reading as follows;
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeyadn-Fad and
Agents toad for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with
the Company's name and seal with the Company's seal bonds, recognizartces, contracts of indemnity, aid other writings ablgatory in the nature of a
bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any .inch appointee and revoke
the power given him or her, and it b
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers or employees of Ihls Company, provided that each such delegation
is in writing and a copy thereof Is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond. recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior
Vice President or any Vice President, any Second Vice President the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or lb) duly executed (under seal, If required) by
one or more Attorneys -in -Fad and Agent. pursuant to the power prescribed in No or her certificate or their certificates of authority or by one or more
Compa, officers pursuant to a written delegation of authority; end it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, arty Vioe
President, any Asatstam Vice President any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power
of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -In -Fact for purposes only
of exexttkg and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Company end any such power so executed and certified by such facsimile
signature and facsimile seal shall be valid and binding on the Compary in the future with raped to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casuaty and Surety Company of America, Travelers Casualty and Surety
Company. and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of
Attorney executed by said Companies, which remains In full force and effect.
Dated this 16th day of January , 2020
Kevin E. Hughes, Asretary
To verify the aothentldly of Oils Power of Attorney, please callus at 1400 -42f -3M
Please refer to the above -named Attorney-xtr-Fact and. details of the bond to whidi the power is attached.
PUBLIC WORKS - APPROVED
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Public Improvements Opinion of Costs
Project Name:
AUGUST 22, 201
Spanish Fox Estates
Public
Improvement Item 1
Units
I Unit Cost
Qom'
tY-
Item Cast
20.2.1
Erosion Control
Stockpile Topsoil
CY
2 00
0�
$0 00
Straw Bales
EA
200.00
2
$400 00
Inlet Protection
EA
200.00
0
$0.00
Silt Fence ti
LF
2.25
0_
$0.00
Sediment Trap
EA
0
$0 00
Vehicle Tracking Pad
EA
1,500 00
0_
$0.00
Subtotal 20 2 1 Erosion Control
20.2.2 Street Improvements
$400.00
Clearing
and Grubbing
LS
5,000.00
1
$5,000.00
Removal of Structures and Obstructions s
EA
0
$0.00
Subgrade
Preparation
SY
0
$0.00
Excavation
SY
5 00
8100
$40,500.00
Borrow
CY
0
$0.00
Fill
CY
0
$0.00
Rock Excavation
CY
s
0
$0.00
Filter Material
CY
0
$0.00
Lime Treatment
SY s
0
$0.00
Cross Pan (8' x 6")
LF
85 00
52
$4,420.00
Asphalt
Patching
TONS _
0
$0.00
Asphalt
Pavement
TONS
65.00
1350
$87.750.00
Base Course
TONS
10 00
2450
$24,500.00
Concrete Pavement
SY-IN
0
$0.00
Geotextile
SY
0
$0.00
Riprap
CY
$0.00
Survey Monuments
EA
1.500 00
1
$1,500.00
Adjust
Manholes
EA
0
$0.00
Adjust
Valves
EA a
0
$0.00
Adjust
Monuments
EA
0
$0.00
Median Cover Material (Concrete)
_
SY _
0
$0 00
Subtotal 20 2 2 Street improvements
20.2.3 Structures
S163.670.00
Bridge Structure
EA
0
$0.00
Culverts
EA
0
soma,,
Guardrail
LF
Ol
$0.00
Railing (Pedestrian)
LF
0
$0.00
Railing
;Traffic)
LF
1
0
$0.00
Headwalls
EA
0
S0 00
Subtotal 20 2 3 Structures
20.2.4 Pedestrian and Bikeway Facilities
S0 00
Sidewalk Grading
SY
0
S0.00
4 -inch Thick Sidewalk
SY
0
S0.00
6 -inch Thick Sidewalk
SY
0
S0.00
Directional Curb Ramp
SY
0
50 00
Corner Curb Ramp
SY
0
$0 00
Mid Block Ramp
SY
0
SO 00
Concrete Bikeway
SY
0
50.00
Sidewalk Chase
EA
0
S0.00
Curb and Gutter Grading
LF
0
$0.00
Curb end Cutter - Type II
Li-
0
$0 00
Curb and Gutter - Type I
LF
o
so 00
Glue -Down Curb _
LF
_
Q S0 00
Subtotal 20 2.4 Pedestrian and Bikeway Facilities
20.2.5 Street L.hting
$0.00
Standard Pedestrian Light
EA
of $0.00
Standard Street Light
EA
Of
$0,00
Subtotal 20 2 5 Street Lighting
50 00
Public Improvements Opinion of Costs
0
JA. ' 20 211 Material Testing
i1241 20 212 Record Drawings
~sc3 20 213 Construction Management
i°
1 C
00
$000
LS I 8,000 001
Subtotal 20 2 11 Material Testing
Project Name
Spanish Fox Estates
• ' N �-" Pubro Wflpl'6ttetnen.4tt
20 2 8 Traffic Sigma.. 0350n9 &
,under I u;tc coat
t
Item Coati;
Standard Street Smits
EA
400 00
2
$80000
Sided Sign Posts
EA
200 00
5
$1,00000
Standard ReoulatoNlWamtng Signs
EA
400 00
2
e 00
Standard Speed Limit Signs
EA
400 00
1
' ' 00
Latex Paint j4 niches)
LF
0 75
0
$0 00
La$o Patnf (8 niches)
IF
0
$000
Latex Paint (12 inches
IF
0
$000
Latex Past (18 inches
LF
0
$0 00
Latex Pant (24 inches)
LF
0
00
Epoxy Martino (4 inches)
LF -
,
0
*0 00
Epoxy Marino (8 mates)
LF`
0
$0 00
Epoxy Marling (12 inches)
LF
0
$0 00
Epoxy Marking (18 inches)
LF
0
$000
Epoxy Marling (24 inches)
IF
0
$0 00
Preformed Tape for Symbols 8 Ctasawalka
LF
0
Preformed Thermipisattc
SF
0
$000
TraffIc Stgrtaie
Subtotal202 8 Traffic Son.. Siam
Each
o and Samna
0
$000
ss nnn nn
20 2 7 Work Zone Traffic Control
{Trait 001* l
1 EA I 2,00000]
Santis! 20 2 T Work Zone Traffic Control
20 2 $ 8tcnrr Drainage Facilities
s2,000 0
$2,000 00
Grading
CY
800
505
$4,04000
Inlets
EA
0
$0 00
Manholes
EA
0
$000
Pipe (18" RCP)
LF
0
00
Pipe (24" RCP)
LF
0
$000
Pipe (30" RCP)
IF
0
$000
Trickle Channel (2")
LF
0
$000
Outlet SW tiara (onfIce plate)
EA
0
$000
Moran -
CY
200 00
8
$1,20000
20 2 9 Removals end
Repair
z o �zxum txavrage
$5,24000
Asphalt Patch%
Concrete Sidewalk MIR
Concrete Curb R$R
Ring
Asphalt Removal
SY
SY
LF
SY
SY
$000
0000
$000
Subtatal202 S Removals and Roper
20 2 10 Construction Surveying/Staking
Subtotal 20 2 10 Construction SunraywypiStaking
$8,000 000
$8,000 00
Is I 5,000 001 11 $b,aao
goqi
Subtotal 20 2 12 Record Drawings
I 3,100 001
$3,000 0
$3,000 00
LS I 5,000 001
Subtotal 20 213 Constructron Management
Woo oo(
$5,000 00
Public Improvements Opinion of Costs
Protect Name Spanish Fox Estates
Water U,00 Conatruchoo - NOTE ALREADY COMPLETE WITH LTWD APPROVAL
8
d f QA
04
Water Maine (8" PVC)
Water Mains (12" PVC)
On -Site Water Supply Service
Fire Hydrants
LF
LF
EA
EA
45 00
0
$0 00
$0 00
$0 00
$0 00
$000
5,000 00
Subtotal Water Line Consfrucbon
Sewer Line Coostrucbon
Trunk Lines
Mains
Laterals or House Connechons
On -Site Sewage Faalihes
LF
LF
EA
LS
$000
$000
$0 00
$0 00
$000
Other
Subtotal Sewer tine ik+nstrucdon
LS
0� $D 00)
Subtotal Other
SUBTOTAL OF PUBLIC IMPROVEMENTS
Additional 10°/a
GRAND TOTAL OF PUBLIC IMPROVEMENTS
Landscaas knprovemerde
Plant Materials
LS
$000
Imgabon System
LS
$000
PavingtSulfeong
LS
$000
3truchiral Elements (Gazebos, Benches, etc )
LS
$000
MukltllNeed Bamer Wends
LS
$000
049110,ree Staking Materials
LS
$000
$0 00
$195,310 00
$19,531 00
$214,841 00
SUBTOTAL OF LANDSCAPE IMPROVEMENTS
Additional _°J required by the Development Agreement
GRAND TOTAL OF LANDSCAPE IMPROVEMENTS
Notes Work already completed indudes the following
- Water mein with approval by LTWD
- Electric installed by Platte River Power Authority
- Existing driveway removed by owner
- Bass course purchased end delivered to site, still needs to be placed
$000
$0 00
$0 00
4572791 Pages: 14 of 25
03/00/2020 03 40 Ph 0 Fnn.$0 00
Carty Koppgs Clam and R,corder &laic County. Co
■Ill tl".��;�f h���,i�tti��llr��' ��w i���t.Wrr� Ill III
EXHIBIT 8-2 PROPOSED SCHEDULE
Project:
Spanish Fox Estates PUD
Work Description
Week of Oct 7
Week of Oct 14
Week of Oct 21
Week of Oct 28
Week
of Nov 4
install Water Main
(complete)
Clearing and Grubbing
Excavate Existing Driveway
Swale Construction
,
Place Road Base
,
Palialiamso
Place
Asphalt Surface
Install
Signage
� � i, 0[�i�' sr�iAN�� e canty� co
Week of Nov 11
4572791 Pages: 16 of 25
03/00/2020 03:40 Ph R Fee :$0,00
Carl, Koaoss, Clark And Recorder, Weld County, CO
Bill MILT iSi l Iw,t golck9L VM N'I L &&?1 Ill!% /Ili I
.440
PUBLIC WORKS - APPROVED
AUGUST 22, 2019
0WNERJCONSULTANTS
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UTILITY PROVICERS
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ROAD PLANS FOR
SPANISH FOX ESTATES
PLANNED UNIT DEVELOPMENT INDEX OF DRAWINGS
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LEGAL DESCRIPTION
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JULY 5, 2019
VICINITY MAP
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COVER stet, ROAD PLAfos
PLAT ;BY OT1t4SI
2 QVERALL PLAN
1 ROAD PLAN MC PROFILE, t Or 2 I PN &i rox COtAi1
4 ROAD PLAN AND PROF LE 2 OF 2 SPAMSN FOX COURT
5 ROAD PLAN A40 PRO*AE PRAIRIE WOLF COURT
R ROAD Dt≤T ALL
7 DRAitAOE a EROSION CONTROL PLAN
UTILITY LOCATES
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SPANISH FOX ESTATES
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PAVEMEN78ECTION
ASPHALT TIE-IN DETAIL
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ir�roitwrfwwa mug liwirm a wiu
4972791 Psgss: 23 ei 29
eaieerreu eat vn w v1t0uVd county, co
Grlr Kovw1� Clerk ud N�nor
VIII NI�1RR4>4,?f4KJIY4tiVh)idd4I' i,KOrdl1�'alti Ywh II III
SPANISH FOX ESTATES PUDF18-0007
69 vf.h[ (Y :NG 6 N YY_ :N1NIV K %tLU, SYAt CC JHdi]fI
PUBLIC WORKS APPROVED
All US 122, 20.
AS
33 11474"&41341.
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SPANISH FOX ESTATES PUDF18-0007
na smS°°"n"w ra r mrsarr.=
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Contract Form
Request
En1
Entity Name.
BEBO, LAWRENCE
Entity ID*
@00041894
Contract Name*
REDUCTION OF PROJECT COLLATERAL THROGHT
ACCEPTANCE OF WARRANTY COLLATERAL LAWRENCE &
JAQUELYN BEBO SPANISH FOX ESATES PUDF18-0007
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
6665
Contract Lead*
JTRUJILLOMARTINEZ
Contract Lead Email
jtrujillomartinez@weldgov.c
om
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description
REDUCTION OF PROJECT COLLATERAL THROGHT ACCEPTANCE OF WARRANTY COLLATERAL LAWRENCE &JAQUELYN BEBO
SPANISH FOX ESATES PUDF18-0007 REDCUCE COLLATERAL FROM 3308,844.00 TO $46,329.60 VIA A BOND RIDER TO
PERFORMANCE BOND #107166005 ISSUED BY TRAVELERS
Contract Description 2
Contract Type
AGREEMENT
Amount
$46,329.60
Renewable
NO
Automatic Renewal
Department
PLANNING
Department Email
CM -Plan ning@weldgov.com
Department Head Email
CM-Planning-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM -
C O U NTYATTOR N EY WAE L D G
OV.COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda
Date.
02/13/2023
Due Date
02/09/2023
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
Note, the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Effective Date
Review Date.
02,`13/2024
Renewal Date
Termination Notice Period
Conl
Contact Name
Purc
Approval Prrces
Department Head
TOM PARKO JR.
DH Approved Date
02/02/2023
Final App/ va 1
ROCC Approved
1OCC Signed Date
11OCC Agenda Date
02/15/2023
Originator
JTRU}ILLOMARTINEZ
Contact Type
Committed Delivery Date
Contact Email
Finance Approver
CHERYL PATTELLI
Expiration Date*
02/13/2025
Contact Phone 1
Purchasing Approved Date
Finance Approved Date
02/03/2023
Tyler Ref #
AG 021523
Legal Counsel
BRUCE BARKER
Contact Phone 2
Legal Counsel Approved Date
02/03/2023
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