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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. I ofee Eva os— el OP; ass 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 5r El 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 eGB" v� C 0 U v_ -t NC mT°, .-n tL o o� Sa A 'e. CLeoulag 0 i Gi Ir. qN o )) `'� N\Y NIS) or) 10o 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 :$0,00 Carl, Koaoss, Clark And Recorder, Weld County, CO Bill MILT iSi l Iw,t golck9L VM N'I L &&?1 Ill!% /Ili I .440 PUBLIC WORKS - APPROVED AUGUST 22, 2019 0WNERJCONSULTANTS t ants re Jacquelyn Bette PO eutW I;erpwT CO 90611 913.50! 7790 Q tO fEtlff4$CM. (MIMES Hair Baer tut E•pr.a'•+V ' M Ind 9b++✓ Slav t. netj CO IIYS)1 g roAA, eo"i Nails Ll M 'hangman Wile OMarin Kt CO unit `b t;..vv.t, CO •DS ) 91V 511 7r'V6 WRY E YO 4 Mao Pa •tf ttitti utr.nr Lana Ensur rt AI N Clon nl rare Loard CO Arian 070 NS O316 UTILITY PROVICERS .•-a \ tr lar—j. ea a„ T.. I a,r' at •. - AIA a Ira. CIV t. ENONELR Set alosittlat MK Enron 1014 Rise C•<• Ion St CO BO67• DM -7'976V el ECTA!CR LS ll I LEC T IOC; PetSi a Vann REA 7M.0 MA:'etkwap. FsI COY* CO a052t1 e(b-4J3 I0t7 OAS *Gel the y t rgcO IV Cons &AC B-aW t i.►roal CO a34O) &6472 1011 7 ROAD PLANS FOR SPANISH FOX ESTATES PLANNED UNIT DEVELOPMENT INDEX OF DRAWINGS ••,• .•.n liana CalUrn MK LEGAL DESCRIPTION F►rN . vane .:) M So3n .Ott of 3aCton I% %w .* I tbrm, N ate 64 r'.!•t of t'e Ai n P Y Covey d W'sY Sas vl C:dwtOo BENCHMARK 3C C)+NlAR?C fin tera'h Aotnfpn a ret.ed•a h I Mein' I a'0 I'.tytg) IC9C Error% a rd •eenaale b arc sane ro ettveI 4 7* sway of IM nlpnaco JULY 5, 2019 VICINITY MAP • aI ICAt cot: ■ r 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 f.1 fes'0 „ats. tag Owl a.-,eled been on MCI B 0? Gast: ■ oodar t Mp--, ann BMA • e. • .Eb► ♦ en. 1 a 1r e, re VIP* , •7.aa•► ••. ' . nog wan delia: VII S MILT •• c=leriptin. • Iamb • • • -• .-uw.a a as I .• • C • Jo • t I t a n r'Sa t 1 j1 ill !! SPANISH FOX ESTATES 443/:27/21 a : 1Fli-t4 25 cart, mom, asse Clai ud MarM ��Wi1A country CO IN MEP NAL 14 CAW& IIIII Lot 3 '°-6' -�yatC+•. e ,.... 34 55 AcresLot 6 t4 011 Acres of . + •• �� � f� •,' �. J �/ �� � � fit^'-_.^�_ � _ .� w r. t7 Acreajf a ,. { _. � wp z * O � "lot 4- a i�jp t8 6e8 Area\ 1, �t�� 3 ...m.m.,_.„_.....e._�.+-+....w.._.-. .. .� .�.... .ate -.�. d4 Mf11y � t{tQp r31W ADD 1490k 18100 tN00 t�fEp fAOp orce fU.LC IN00 fNW f 1 r—� Mn N UV", ,oerd1,17.d couMr co art aunt wl Lot, sit 57 Acres .. `....__ -_.. _. ._— we l � ,�j♦♦♦�_.. �� � .r,. HALF CQI/ir aauj t53$6t,zes ._ — EftLot 3 p 155 Acres 1 ir° 4a f - -=,= - a te. = i =LE :. , #i�.�... �.ww� �� y�� .1.R Nets _ H.04 tt.p Wf40 N90 N06 .... K.a6 !Om •.C. Ed • a 1�3j� � R Pw r►� � g i� "�i a tii�� � iii TrPlca-ASPrwLr PAVEMEN78ECTION ASPHALT TIE-IN DETAIL m p,4,1at nwl w 1t qof N a rsa■p Raawi, ciaiie i d too a wsa c.ntr, co 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. r1Y 3 tGt+ri� t:0 46727Yi ►apse! pppof t� C�aM�kw�-;-� �Cl� � R�altl4`.�4M�d caunliCO viti SPANISH FOX ESTATES PUDF18-0007 na smS°°"n"w ra r mrsarr.= 4�f# Li ml Ji 2F 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 Hello