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Home My WebLink About20233136.tiffl RESOLUTION RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PUDF22-0004 - OLSON BROS, LP, AND SPRING MEADOWS DEVELOPMENT, LLC, C/O ROGER OLSON 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 March 8, 2023, the Board of County Commissioners conditionally approved the application of Olson Bros, LP, and Spring Meadows Development, LLC, do Roger Olson, P.O. Box 86, Johnstown, Colorado 80534, requesting a Site Specific Development Plan and Planned Unit Development Final Plan, PUDF22-0004, for four (4) residential lots for E (Estate) Zoned Uses and one (1) lot for A (Agricultural) Zoned Uses, for a parcel of land located on the following described real estate, to -wit: Lot B of Recorded Exemption, RE -2746; being part of the NE1/4 of Section 30, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Kelsey Bruxvoort, AGPROfessionals, 3050 67th Avenue, Suite #200, Greeley, Colorado 80634, and WHEREAS, pursuant to certain Conditions of Approval, the Board of County Commissioners has been presented with an Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Olson Bros, LP, and Spring Meadows Development, LLC, do Roger Olson, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with collateral in the form of an Irrevocable Letter of Credit, number 2023-01, issued by Front Range State Bank, 2001 Main Street, Longmont, Colorado 80501, in the amount of $63,875.35, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Irrevocable Letter of Credit, as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Olson Bros, LP, and Spring Meadows Development, LLC, do Roger Olson, be, and hereby is, approved. 4929779 Pages: 1 of 34 11/07/2023 11:46 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 Iiireg hllalliVIININ In ighlihiiiliViii Bill cc: PL(TP/MW/Pe/3`CR/KR/G&) I1/M7 /23 2023-3136 PL1595 IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT - OLSON BROS, LP, AND SPRING MEADOWS DEVELOPMENT, LLC, C/O ROGER OLSON (PUDF22-0004) PAGE 2 BE IT FURTHER RESOLVED that collateral in the form of an Irrevocable Letter of Credit, number 2023-01, issued by Front Range State Bank, 2001 Main Street, Longmont, Colorado 80501, in the amount of $63,875.35, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of October, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: .,d ce4) jeki% Weld County Clerk to the Board B-r1.0m•000 0►c Deputy Clerk to the Board APPRO D AS T ounty tty Date of signature: 10` 2#T 1 13 eman, Chair Terry L. B, k, Pro-Tem 4929779 Pages: 2 of 34 11/07/2023 11:46 AM R Fee:$0.00 Carly Koppae, Clark and Recorder, Weld County CO 11111 aine 2023-3136 PL1595 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item - Approve On -Site and Off -Site Improvements Agreement for: Olson Bros, LP, and Spring Meadows Development, LLC c/o Roger Olson - PUDF22-0004 DEPARTMENT: Planning Services DATE: October 9, 2023 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Planning Services received a request from the applicant, Olson Bros, LP, and Spring Meadows Development, LLC do Roger Olson, requesting that the Board of County Commissioners consider approving the On -Site and Off -Site Improvements Agreement for (PUDF22-0004). Collateral in the amount of $63,875.35 is required with this agreement. Collateral has been provided in the form of an Irrevocable Letter of Credit, Number 2023-01, issued by Front Range State Bank, 2001 Main Street, Longmont, Colorado, 80501. Weld County Planning Services, Public Works, and the County Attorney's Office have reviewed the above mentioned signed original document and observed the following: • All Public Works related items, of the "Improvements & Road Maintenance Agreement According To Policy Regarding Coffateral For Improvements", are found to be acceptable. • This Agreement complies with the terms of the Use by Special Review Permit Resolution, as signed by the Board of County Commissioners. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. 3. Have this BOCC Hearing item not placed on the next available agenda as neither part of the Consent Agenda nor the Regular Agenda. Consequences: • New development can pay their way for developing County Right -of -Way, or the County will be required to cover the costs of the new development's impacts. Impacts: • New development is creating a new PUD Development so the road infrastructure needs to be constructed to County Standards. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): • New development will pay the costs of the construction of the new internal roadway so the County will not have to pay the of cost of developing the internal roadway. Recommendation: Option 2. The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements for PUDF22-0004, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine 2023-3136 10/23 pi__ 1595 Cheryl Hoffman From: Sent: To: Cc: Subject: Attachments: Karla Ford Wednesday, October 11, 2023 2:23 PM Jazmyn Trujillo Martinez; Cheryl Hoffman; Daniel Mesa; Dawn Anderson; Esther Gesick; Tom Parko Jr Ryan Rose RE: BOCC PA REVIEW - PUDF22-0004 — Olson 10.9.23 Olson Bros LP & Spring Meadows Development - PUDF22-0004.pdf All five commissioners support the recommendation to put this item on the agenda, if needed. Original coming back through interoffice mail. Karla Ford R Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford(a)iweldgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** 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: Jazmyn Trujillo Martinez <jtrujillomartinez@weld.gov> Sent: Tuesday, October 10, 2023 3:10 PM To: Cheryl Hoffman <choffman@weld.gov>; Daniel Mesa <dmesa@weld.gov>; Dawn Anderson <dranderson@weld.gov>; Esther Gesick <egesick@weld.gov>; Karla Ford <kford@weld.gov>; Tom Parko Jr <tparko@weld.gov> Subject: BOCC PA REVIEW - PUDF22-0004 — Olson ATTACHED BOCC PA REVIEW Improvements Agreement: On -Site and Off -Site Improvements Agreement Case/Applicant: PUDF22-00O4 — Olson Bros, LP, and Spring Meadows Development, LLC c/o Roger Olson Please note: Regular Agenda Thanks Karla! Best, Jazmyn Trujillo -Martinez Development Review Weld County Planning Services 1402 North 17th Avenue P.O. Box 758 Greeley, CO 80631 (970) 400-3711 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 FRONT RANGE State Bank .\(4�rMNSw •.! Teking Care 0( I3ueincee Sine, 1899 IRREVOCABLE LETTER OF CREDIT Number 2023-01 BENEFICIARY: APPLICANT: BOARD OF COMMISSIONERS WELD COUNTY 1555 NORTH 17TH AVE GREELEY, CO 80601 AMOUNT: USD $63,875.35 SPRING MEADOWS DEVELOPMENT LLC 19480 County Road 15 Johnstown, CO 80534 EXPIRATION DATE: August 25, 2025 OR AS EXTENDED AT THE REQUEST AND FOR THE ACCOUNT OF SPRING MEADOWS DEVELOPMENT LLC ("APPLICANT"). WE, FRONT RANGE STATE BANK A DIVISION OF RNB STATE BANK, 2001 MAIN STREET, LONGMONT, CO 80501. ("ISSUER") ISSUE THIS IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER 2023-01 ("STANDBY') IN FAVOR OF BOARD OF COUNTY COMMISSIONERS WELD COUNTY ("BENEFICIARY") IN THE MAXIMUM AGGREGATE AMOUNT OF USD $63,875.35. ISSUER UNDERTAKES TO BENEFICARY TO PAY BENEFICIARY'S DEMAND FOR PAYMENT IN THE CURRENCY AND FOR AN AMOUNT AVAILABLE UNDER THIS STANDBY AND IN THE FORM OF THE ANNEXED PAYMENT DEMAND COMPLETED AS INDICATED AND PRESENTED TO ISSUER AT THE FOLLOWING PLACE FOR PRESENTATION: FRONT RANGE STATE BANK A DIVISION OF RNB STATE BANK 2001 MAIN STREET, LONGMONT, CO 80501 BEFORE THE EXPIRATION DATE. THE EXPIRATION DATE OF THIS STANDBY IS AUGUST 25, 2025. THE EXPIRATION DATE OF THIS STANDBY SHALL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE ONE YEAR PERIODS, UNLESS ISSUER NOTIFIES BENEFICIARY BY OVERNIGHT COURIER, REGISTERED MAIL OR OTHER RECEIPTED MEANS OF DELIVERY SENT TO BENEFICIARY'S ABOVE STATED ADDRESS SIXTY (60) OR MORE DAYS BEFORE THE CURRENT EXPIRATION DATE THAT ISSUER ELECTS NOT TO EXTEND THE EXPIRATION DATE. 2001 \dais SL • Longmont, C:0 8o5oi (ton) 772-2296 • Fax (non) 772-2487 tvnxo.frontrangestatehank.com 1(cmbcr FDIC: PAYMENT AGAINST A COMPLYING PRESENTATION SHALL BE MADE WITHIN 3 BUSINESS DAYS AFTER PRESENTATION BY WIRE TRANSFER TO A DULY REQUESTED ACCOUNT OF BENEFICIARY. ANY ADVICE OF SUCH PAYMENT SHALL BE SENT TO BENEFICIARY'S ABOVE STATED ADDRESS. PARTIAL AND MULTIPLE DRAWING ARE PERMITTED. THIS STANDBY IS ISSUED SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998 (ISP98) (INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 590) AND, FRONT RANGE STATE BANK A DIVISION OF RNB STATE BANK UNDER THIS STANDBY ARE GOVERNED BY THE LAWS OF THE STATE OF COLORADO AND THE STATE OF WYOMING. THE COURTS LOCATED IN THE STATE OF COLORADO SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY ACTION TO ENFORCE FRONT RANGE STATE BANK A DIVISION OF RNB STATE BANK OBLICATIONS UNDER THIS STANDBY. ALL DOCUMENTS MUST BE ISSUED IN THE ENGLISH LANGUAGE EXCEPT THAT ANY STAMPS, LEGALIZATION, OR ENDORSEMENTS, SHOWN ON A DOCUMENT MAY BE IN A LANGUAGE OTHER THAN ENGLISH. DOUCUMENTS WHICH SHOW PRE-PRINTED FIELD HEADINGS IN BOTH ENGLISH AND A SECOND LANGUAGE ARE ALSO ACCEPTABLE. ANY PROPER NAMES (INCLUDING NAMES OF PERSONS, ENTITIES, VESSELS) THAT USE NON -LATIN CHARACTERS MUST BE TRANSLITERATED USING LATIN -ALPHABET CHARACTERS. ISSUER SHALL NOT BE LIABLE FOR ANY DELAY, NON -RETURN OF DOCUMENTS, NON-PAYMENT, OR OTHER ACTION OR INACTION COMPLETED BY A JUDICAL ORDER OR BY ANY LAW OR REGULATION APPLICABLE TO ISSUER. FRONT RANGE STATE BANK A DIVISION OF RNB STATE BANK Mel Green Senior Vice President ANNEXED PAYMENT DEMAND (INSERT DATE) TO: FRONT RANGE STATE BANK A DIVISION OF RNB STATE BANK 2001 MAIN STREET LONGMONT, COLORADO 80501 ATTN: LETTER OF CREDIT DEPARTMENT RE: STANDBY LETTER OF CREDIT NUMBER 2023-01 DATED August 25-2023 ISSUED BY FRONT RANGE STATE BANK A DIVISION OF RNB STATE BANK. THE UNDERSIGNED BENEFICIARY DEMANDS PAYMENT OF [INSERT CURRENCY / AMOUNT] UNDER THE STANDBY. BENEFICIARY STATES THAT: APPLICANT IS OBLIGATED TO PAY THE BENEFICIARY THE AMOUNT DEMANDED UNDER (OR IN CONNECTIONS WITH) THE BETWEEN BENEFICARY AND APPLICANT FOR ROAD CONSTRUCTION COSTS. BENEFICIARY REQUESTS THAT PAYMENT BE MADE BY WIRE TRANSFER TO AN ACCOUNT OF BENEFICIARY AS FOLLOW: [ INSERT NAME, ADDRESS, AND ROUTING NUMBER OF BENEFICIARY'S BANK, AND NAME AND NUMBER OF BENEFICIARY'S ACCOUNT). BOARD OF COUNTY COMMISSIONERS WELD COUNTY 1555 NORTH 17T5 AVE GREELEY, CO 80631 BY ITS AUTHORIZED OFFICERS: [INSERT ORIGINAL SIGNATURE] [INSERT TYPED / PRINTED NAME AND TITLE] IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Olson Bros, LP, and Spring Meadows Development, L c/o Roger Olson — PUDF22-0004 THIS AGREEMENT is made this 40612dayof •, 2023, by and between Olson Bros, LP, and Spring Meadows Development, LLC c/o Roger Olson, whose address is P.O. Box 86, Johnstown, Colorado 80534, 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, State of Colorado: Lot B of Recorded Exemption, RE -2746; being part of the NE1/4 of Section 30, Township 4 North, Range 67 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 PUDF22-0004 for four (4) residential lots for E (Estate) zoned uses and one (1) Lot for A (Agricultural) zoned uses, and WHEREAS, Property Owner acknowledges that the fmal approval of PUDF22-0004 is conditional upon Property Owner's funding and construction of the on -site and off -site improvements described in this Agreement and depicted in the following incorporated exhibits: Exhibit A-1 — Off -Site Improvements Costs of Construction, Exhibit B-1 — Off -Site Improvements Construction Schedule, Exhibit A-2 — On -Site Improvements Costs of Construction, mN Exhibit B-2 — On -Site Improvements Construction Schedule, o N Exhibit C — Construction Plans, Z. Exhibit D — Plat Map (recorded simultaneously with this Agreement), and -= WHEREAS, PUDF22-0004 may be developed in two phases. Phase I containing Lots 4 and 5. Zoo Phase II containing Lots 1, 2, and 3. Phase I and Phase II are delineated on Exhibit D. WHEREAS, Property Owner acknowledges no building permits will be issued for Lots 4 and 5 o w described in PUDF22-0004 until said Phase 1 improvements have been completed and accepted by County, -sao 0 o A and . �o m� WHEREAS, Property Owner acknowledges no building permit will be issued for Lots 1, 2, and 3 0 described in PUDF22-0004 until said Phase II improvements have been completed and accepted by County, ; and WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code Sec. 24-5-90 and 24-6-80, if no construction has begun or no use established within three (3) years of the date of the approval of the final plan or plat, the Board of County Commissioners may require the Property Olson Bros, LP, and Spring Meadows Development, LLC c/o Roger Olson — PUDF22-0004 - ONSIA23-0001 Page 1of11 Owner to appear before it and present evidence substantiating that the development has not been abandoned, and that the Property Owner has the willingness and ability to continue development, and WHEREAS, the parties agree that the Property Owner shall provide collateral for all on -site and off -site improvements required by this Agreement when the Board of County Commissioners approves this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant, and agree as follows: PART 1: SITE SPECIFIC PROVISIONS A. Off -Site Improvements: The Property Owner shall be responsible for the construction of certain off -site safety improvements required by the Board of County Commissioners, which may include, but are not limited to construction of adequate turning radii of sixty-five (65) feet at the main entrances and exits which extend into county road ROW connecting to the county road system, and off -site drainage and signage installations, as indicated on the accepted Exhibits. On -Site improvements that create more run-off than the historical amount may require off -site drainage improvements to roads and ROW. Additional Off -Site Improvements to be constructed prior to operation are: 1) Design and construct an approved, upgraded access road intersection with Weld County Road 15. Providing all construction materials and meeting the Weld County Code specifications and CDOT specifications for Road and Bridge Construction, beginning with a county approved tie-in at the approved site access and Weld County Road 15. Off -Site Improvements Area is delineated on Exhibit C. 1.0 Road Improvements Responsibilities. Property Owner is solely responsible for all the off -site designated improvements. These responsibilities may include but are not limited to the following: design, surveys, utility locates, acquisition of ROW, if necessary, dedication of ROW, if necessary, ROW and Access Permits and fees, coordination with oil and gas operators and facilities and affected irrigation facilities, and utilities, traffic control, and project safety during construction. Property Owner shall obey all applicable regulations issued by OSHA, CDOT, CDPHE, and other federal, state, or county regulatory agencies. 2.0 Cost of Construction Exhibit. The Cost of Construction estimate as identified in Exhibit A-1 details the costs used in determining the collateral requirement for the off -site improvements related to the development. A registered Colorado Engineer must sign and stamp the construction cost exhibit on Exhibit A-1. If more than three (3) years have passed since the last construction cost estimate was provided, the Property Owner shall provide an updated construction cost estimate prior to the start of construction. 3.0 Construction Schedule Exhibit. Exhibit B-1 is provided by the Property Owner indicating the construction schedule for all off -site improvements, including an anticipated completion date. Property Owner shall not commence construction of any improvements, record plat, or receive any permitting for the specific improvements planned pursuant to PUDF22-0004 prior to approval of the of this Agreement, the attached Exhibit C, 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-1 in order to request the warranty period begin. In the event that the construction schedule is not current, the Property Owner shall submit a revised construction schedule. Olson Bros, LP, and Spring Meadows Development, LLC c/o Roger Olson — PUDF22-0004 - ONSIA23-0001 Page 2 of 11 4.0 Off -site Improvements Collateral. As required, collateral is accepted and released by the Board of County Commissioners pursuant to the Weld County Code. Additional information about collateral is outlined in Part II.B of this Agreement. 5.0 As -Built Plans. "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or once the Property Owner has completed improvements as described in Part II.B, Subsection 3.2.3, of this Agreement. Property Owner shall also 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. On -Site Improvements: Property Owner shall be responsible for the construction of all On -Site Improvements as shown on the accepted Exhibits of PUDF22-0004. 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. Additionally, the Property Owner shall install and/or maintain fencing to screen the property where applicable as indicated 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 facility. Property Owner shall be responsible for all maintenance of the on -site improvements. Some of these improvements may include work extending into State or County ROW in which case a ROW or access permit is required. 3.0 Cost of Construction Exhibit. A registered Colorado Engineer or equivalent must sign and stamp the construction cost estimate on Exhibit A-2. If more than three (3) years have passed since the last construction cost estimate was provided, the Property Owner shall provide an updated construction cost estimate prior to the start of construction. 4.0 Construction Schedule Exhibit. Exhibit B-2, provided by the Property Owner indicates the construction schedule for all on -site improvements, including an anticipated completion date. Property Owner shall not commence construction of improvements prior to approval of this Agreement, including the attached Exhibits, and receipt of the appropriate Grading Permit, Access Permit, and/or ROW Permit, if applicable. Property Owner shall substantially complete all improvements in accordance with Exhibit B-2 in order to request the warranty period begin. In the event that the construction schedule is not current, the Property Owner shall submit a revised construction schedule. 5.0 On -site Improvements Collateral. Collateral is accepted and released by the Board of County Commissioners pursuant to the Weld County Code. In order to receive partial or full release of collateral, Property Owner must contact either the Planning Department who conducts inspections for all on -site Olson Bros, LP, and Spring Meadows Development, LLC c/o Roger Olson — PUDF22-0004 - ONSIA23-0001 Page 3of11 improvements, and the Development Review Team who conducts inspections for all on -site and off -site improvements. If all improvements are determined to be in accordance with this approved agreement, the Property Owner may submit either new or revised collateral documentation to the 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. 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. PART 2: GENERAL PROVISIONS A. Engineering and Construction Requirements: 1.0 Engineering Services. Property Owner shall furnish to County, at its own expense, all engineering services in connection with the design and construction of the off -site improvements and all on -site drainage -related structures if 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 off -site improvements herein agreed upon for public ROW or easements, Property Owner shall acquire, at its sole expense, good and sufficient ROW and easements made necessary for the improvements. The County will not exercise eminent domain on behalf of Property Owner. All such ROW and easements for the construction of roads to be accepted by the County shall be conveyed to the County on County -approved forms and the documents of conveyance shall be furnished to the County for acceptance with express written authority of the BOCC and recording. 3.0 Construction. Property Owner shall furnish and install, at its own expense, the improvements 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 construction schedule exhibits stated herein upon application by the Property Owner. Said construction shall be in strict conformance to the plans and drawings accepted by the County and the specifications adopted by the County. 4.0 Testing. Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results, Property Owner shall employ at its expense a third -party qualified testing company approved by County. Such third party shall furnish the certified results of all such testing to the County. At all times during said construction, the County shall have the right to test and inspect material and work, or to require testing and inspection of material and work at Property Owner's expense. Any material or work not conforming to the approved plans and specifications, including but not limited to damages to property adjacent to the construction plan Olson Bros, LP, and Spring Meadows Development, LLC c/o Roger Olson — PUDF22-0004 - ONSIA23-0001 Page 4 of 11 area shall be repaired, removed, or replaced to the satisfaction of the County at the expense of Property Owner. 5.0 Construction Standards. Design and construction of all off -site improvements shall conform to the current version of CDOT's "Standard Specifications for Road and Bridge Construction" and the Weld County Engineering and Construction Criteria. 6.0 Traffic Control. Prior to any construction in County and/or State ROW, and as a condition of issuance of any ROW or Access Permit, the Property Owner shall submit a traffic control plan for County review. During construction, appropriate safety signage shall be posted in accordance with the then -current version of the Manual of Uniform Traffic Control Devices. B. Collateral: 1.0 General 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 on -site and all off -site improvements as applicable, as described in this Agreement; and (2) Warranty Collateral is required for all off -site 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 off -site improvements identified in the Exhibits. Project Collateral must be submitted in an amount equal to 100% of the value of the improvements, as calculated in the cost of construction exhibits. Project Collateral must be submitted at the time of execution of the Agreement, unless otherwise directed by the Board of County Commissioners. In the event that Property Owner fails to adequately complete the required improvements, County may, in its sole discretion, access Project Collateral for the purpose of completing such improvements. It maybe necessary to provide additional collateral in the event the cost estimate is older than three (3) years. NO WORK SHALL COMMENCE UNTIL PROJECT COLLATERAL HAS BEEN SUBMITTED AND ACCEPTED BY THE COUNTY. 1.2 Warranty Collateral shall be submitted and held by the County until release after the two- year warranty period following the County's initial approval of the improvements. Warranty Collateral shall be in an amount equal to 15% of Project Collateral. In the event that Property Owner fails to adequately complete or repair improvements during the warranty period, County may, in its sole discretion, access Warranty Collateral for the purpose of completing such improvements. 2.0 Form of Collateral. Collateral may be in the form of a letter of credit, a surety bond, or a cash deposit, subject to the requirements and restrictions of section 2-3-30 of the Weld County Code, as that section may be amended from time to time. 3.0 Release of Collateral. Collateral shall be released in accordance with section 2-3-30 of the Weld County Code. For collateral release, the Planning Department conducts inspections for on -site improvements, and the Department of Public Works conducts inspections for off -site improvements. 3.1 Timing of Release. Project Collateral may be released upon completion of all improvements required by the Exhibits after initial approval by the County. Warranty Collateral shall be withheld by County from and at the time of release of Project Collateral or may be submitted separately by Property Owner. Warranty Collateral may be released upon the approval of the County at the end of the two-year warranty period. Olson Bros, LP, and Spring Meadows Development, LLC c/o Roger Olson — PUDF22-0004 - ONSIA23-0001 Page 5of11 3.2 Request for Release of Collateral. 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 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 Improvements: 1.0 Acceptance of On -Site Improvements: Upon completion of construction of all required on -site improvements as described in the Construction Plans, Property Owner shall submit to the Weld County Department of Planning a Statement of Substantial Compliance and shall request inspection of the On -Site Improvements. County personnel shall then inspect the improvements. If the County determines the improvements were not constructed in accordance with the Construction Plans, the County shall direct the Property Owner to correct the deficiencies. If the County determines the improvements were constructed in accordance with the Construction Plans, the County shall approve the improvements and request the Board of County Commissioners authorize release of collateral for On -Site Improvements. 2.0 Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, Property Owner shall contact the Weld County Departments of Planning Services- Development Review and request an inspection of such improvements. Upon request, County personnel will initiate the inspection, approval, Olson Bros, LP, and Spring Meadows Development, LLC c/o Roger Olson — PUDF22-0004 - ONSIA23-0001 Page 6of11 and acceptance process. 3.0 Inspection, Approval, and Acceptance Process: 3.1 Upon completion of construction of all off -site improvements as described in the Construction Plans, Property Owner shall submit to the Weld County Department of 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 Off -Site Improvements. County personnel shall then inspect the improvements. If the County determines the improvements were not constructed in accordance with the Construction Plans, the County shall direct the Property Owner to correct the deficiencies. If the County determines the improvements were constructed in accordance with the Construction Plans, the County shall initially approve the Off -Site Improvements. 3.2 Two -Year Warranty Period. Such initial approval begins the two-year warranty period. Upon completion of the two-year warranty period, County Public Works personnel shall, upon request by the Property Owner, inspect the subject improvements, and notify the Property Owner of any deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies. County personnel shall re -inspect the improvements after notification from the Property Owner that said deficiencies have been corrected. If the County personnel fords that the improvements are constructed according to County standards, he or she shall approve the improvements. Such final approval shall authorize the Property Owner to request the Board of County Commissioners to release the Warranty Collateral. 3.3 Placement of Improvements into Service Prior to County Approval. If requested by the Property Owner and agreed by the County, portions of the improvements may be placed in service when completed according to the schedule shown on the construction schedule exhibit, but such use and operation shall not alone constitute an approval or acceptance of said portions of the improvements. County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but not completed according to the schedule shown on the construction schedule exhibit and may continue to issue building permits so long as the progress of work on the improvements is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Property Owner. 3.4 The Board of County Commissioners does not accept any On -Site Improvements for maintenance purposes. On -Site Improvements may only be accepted as dedicated for public use. Maintenance of on -site improvements is the responsibility of the Property Owner or its successor, including the Homeowners' Association, should a Homeowner's Association be established or as provided for in other governing documents such as a Declaration of Covenants. The Board of County Commissioners does not represent or ensure the on -site improvements will be constructed and/or available for their intended use(s). The County does not and shall not assume liability for improvements designed and/or constructed by others. D. Permits: The Property Owner is required to apply for and receive all permits required by the County or any other applicable local, State, or federal permit, including but not limited to: 1.0 Access Permits. Property Owner shall not use any access onto any County Road unless and until an access permit has been issued by the Department of 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. Olson Bros, LP, and Spring Meadows Development, LLC c/o Roger Olson — PUDF22-0004 - ONSIA23-0001 Page 7of11 2.0 Right -of -Way (ROW) Permits. Per Article XIII of Chapter 8 of the Weld County Code, any work occurring within County ROW requires a ROW permit issued by the Department of Public Works. No work shall occur without said ROW permit. 3.0 Transport 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. Enforcement and Remedies: 1.0 Violation of Terms of Agreement. If in County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that the violation is continuing, County may consider Property Owner to be in breach of this Agreement. 2.0 Remedies for Breach by Property Owner. In the event that County determines that Property Owner has violated the terms of this Agreement, and has failed to correct said violation, County may exercise any or all of the following remedies, or any other remedy available in law or equity. 2.1 Access and Use of Collateral. County may access and use collateral to address the issues specific to the violation. For example, the County may access and use Project Collateral in order to complete improvements as required by the Construction Plans, when such improvements have not been completed in accordance with the Construction Schedule. 2.2. Withholding Permits. County may "lock" any or all lots within the Property, which precludes the continued issuance of building permits, zoning permits, septic permits, or any other permit issued by any department of the County. 2.3 Court Action. County may seek relief in law or equity by filing an action in the Weld District Court or Federal District Court for the District of Colorado, except that no such civil action or order shall be necessary to access collateral for the purpose of completing improvements as described above. 3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following events: 3.1 Failure to Commence. County may terminate this Agreement upon or after revocation of the underlying land use approval under Weld County Code. However, County may still exercise all necessary activities under this Agreement that the County determines necessary to protect the health, safety, and welfare of the residents of Weld County. 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. 4929779 Pages: 10 of 34 11/07/2023 11:48 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO VIII NU��LR� N��'M�Y��GP11��FrJ��4i'� ririlMit lid BIM Olson Bros, LP, and Spring Meadows Development, LLC c/o Roger Olson — PUDF22-0004 - ONSIA23-0001 Page 8 of 11 1.1 This Agreement shall be assigned by the Property Owner to the Homeowners' Association (BOA), if such HOA is established, 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. 2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 4.0 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement, including subsequent lot purchasers. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee. 6.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, the parties agree that the Weld County District Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute. 7.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owner, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 8.0 Release of Liability. Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature and description caused by, arising from, or on account of the design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, and notwithstanding section 7.0 above, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises Olson Bros, LP, and Spring Meadows Development, LLC c/o Roger Olson — PUDF22-0004 - ONSIA23-0001 Page 9 of 11 out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 9.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 10.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request. 11.0 Acknowledgment. County and Property Owner acknowledge that each has read this Agreement, understands it, and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 12.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential conflict between any term in this Agreement and the Resolution of the Board of County Commissioners approving the underlying land use permit, the provisions of the Board's Resolution shall control. In the event of a discrepancy between this agreement and the Weld County Code in effect at the time of the agreement, the terms of the Weld County Code shall control. 4929779 Pages: 12 of 34 11/07/2023 11:46 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO �IIIr.rli'lkaYanitiheyIII Olson Bros, LP, and Spring Meadows Development, LLC c/o Roger Olson — PUDF22-0004 - ONSIA23-0001 Page 10 of 11 PROPERTY OWNER: Olson Bros, LP By: Date • 5 Name: 174247er f' 4.o.✓ Title: *Ply ✓ D/Si.v ft.s "9.4.. d$ r /rw/ STATE OF COLORADO SS. County of Weld MONICA LYNN WATSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19954018552 MY COMMISSION EXPIRES MARCH 1, 2025 The foregoing instrument was acknowledged before me this Zday of 202 3, by Rcer WITNESS my hand and official seal. 4iw blic PROPERTY OWNER: Spring Meadows Development, LLC By: Name: Rose,, ©/19r Title: G<..c.,.., / ®.t, �•c.< ✓ STATE OF COLORADO County of Weld Date F - 2j SS. MONICA LYNN WATSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19954018552 MY COMMISSION EXPIRES MARCH 1, 2025 The foregoing instrument - was acknowledged before me this 2. 'day of 2023, by R x -tc 1. , C`7 Sk5,r'1 WITNESS my hand and official seal. 6l/Ii, Nota Public 1 WELD COUNTY: ATTEST: /,, J&c&k. Weld Co Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Cler / the Boar Olson Bros, LP, and Spring BOARD OF COUNTY COMMISSIONERS "ke Freeman, Chair 0CT 2 3 2323 C c/o Roger Olson — PUDF22-0004 - ONSIA23-0001 1ofll 02 aocu - 3/5 4, Contract Form Entity Information Entity Name * OLSON, ROGER Entity ID* @00020850 Contract Name * ON -SITE AND OFF -SITE IMPROVEMENTS AGREEMENT OLSON BROS, LP, AND SPRING MEADOWS DEVELOPMENT, LLC C/O ROGER OLSON PUDF22-0004 Contract Status CTB REVIEW New Entity? Contract ID 7525 Contract Lead * JTRUJ I LLOMARTI N EZ Contract Lead Email jtrujillomartinez@weldgo v.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description * ON -SITE AND OFF -SITE IMPROVEMENTS AGREEMENT OLSON BROS, LP, AND SPRING MEADOWS DEVELOPMENT, LLC C/O ROGER OLSON PUDF22-0004 COLLATERAL IN THE AMOUNT OF $63,875.35 IS REQUIRED AND HAS BEEN PROVIDED IN THE FORM OF AN IRREVOCABLE LETTER OF CREDIT Contract Description 2 NUMBER 2023-01, ISSUED BY FRONT RANGE STATE BANK, 2001 MAIN STREET, LONGMONT, COLORADO 80501 Contract Type AGREEMENT Amount* $63,875.35 Renewable * NO Automatic Renewal Grant IGA Department PLANNING Department Email CM- Planning@weldgov.com Department Head Email CM-Planning- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL RN EY@WEL DGOV.COM Requested BOCC Agenda Date * 10/25/2023 Due Date 10/21/2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date * 10/25/2024 Committed Delivery Date Renewal Date Expiration Date* 10/25/2024 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Approval Process Department Head TOM PARKO JR. DH Approved Date 10/12/2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10/23/2023 Finance Approver CHERYL PATTELLI Purchasing Approved Date Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 10/12/2023 10/12/2023 Tyler Ref # AG 102323 Originator JTRUJILLOMARTINEZ Hello