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Home My WebLink About20203157.tiffRESOLUTION RE: APPROVE FULL RELEASE OF PROJECT COLLATERAL AND ACCEPT WARRANTY COLLATERAL FOR FINAL PLANNED UNIT DEVELOPMENT, PUDF18-0001 - H & K INVESTMENTS, LLC 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 May 17, 2018, the Department of Planning Services approved Final Planned Unit Development, PUDF18-0001, for H & K Investments, LLC, 36107 CR 29, Eaton, Colorado 80615, for a Planned Unit Development, Serenity View Estates PUD, for nine (9) residential lots with E (Estate) Zone uses, along with Common Open Space and a Non -Buildable Outlot for oil and gas activities, on the following described real estate, being more particularly described as follows: • Lot B of Recorded Exemption, RE -3684; being part of the SW1/4 and SE1/4 of Section 5, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, on January 28, 2019, the Board of County Commissioners of Weld County, Colorado, approved an Improvements 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 H & K Investments, LLC, with terms and conditions being as stated in said agreement, and accepted project collateral in the form of an Irrevocable Letter of Credit #2910006596, guaranteed by the Bank of Colorado, 55 South Elm Avenue, Eaton, Colorado 80615, in the amount of $19,027.70, and WHEREAS, the Board has been presented with warranty collateral in the form of an Irrevocable Letter of Credit #2910007015, guaranteed by the Bank of Colorado, 55 South Elm Avenue, Eaton, Colorado 80615, in the amount of $3,576.66, and WHEREAS, staff from the Weld County Departments of Public Works and Planning Services have conducted a site inspection and recommend release of said project collateral and acceptance of warranty collateral for the aforementioned off -site improvements, and WHEREAS, upon recommendation of staff, the Board deems it advisable to release said project collateral, in the form of an Irrevocable Letter of Credit #2910006596, in the amount of $19,027.70, and accept warranty collateral for off -site improvements in the form of an Irrevocable Letter of Credit #2910007015, guaranteed by the Bank of Colorado, 55 South Elm Avenue, Eaton, Colorado 80615, in the amount of $3,576.66. 4648574 Pages: 1 of 2 11/06/2020 10:39 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 2020-3157 PL1919 •11 �l��l��'I��',L�4FC+ rI 'J'� Ilil der"/� M � 1I 111 FULL RELEASE OF PROJECT COLLATERAL AND ACCEPT WARRANTY COLLATERAL FOR OFF -SITE IMPROVEMENTS (PUDF18-0001) - H & K INVESTMENTS, LLC PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the project collateral in the form of an Irrevocable Letter of Credit #2910006596, in the amount of $19,027.70, be, and hereby is, released, and warranty collateral for off -site improvements, in the form of an Irrevocable Letter of Credit #2910007015, guaranteed by the Bank of Colorado, 55 South Elm Avenue, Eaton, Colorado 80615, in the amount of $3,576.66, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said project collateral to the appropriate issuing party. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of October, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dithiv je:L Weld County Clerk to the Board i BY: Deputy Clerk to the Board APPROVED AS ou y orney Mike Freeman, Chair Date of signature: toI29 /20 4648574 Pages: 2 of 2 11/08/2020 10:39 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII POI Mien li DM JAI 11 II Stev oreno, Pro-Tem Scott K. James I. 2020-3157 PL1919 November 12, 2020 CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 H & K Investments, LLC Attn: Todd Annand 36107 CR 29 Eaton, CO 80615 RE: Release of Project Collateral — Irrevocable Letter of Credit #2910006596 - $19,027.70 and Accept Warranty Collateral — Irrevocable Letter of Credit #2910007015 - $3,576.66 - PUDF18-0001 — H & K Investments, LLC Dear Mr. Annand: Enclosed please find a copy of the Board of County Commissioner's Resolution, dated October 21, 2020, authorizing the release of Irrevocable Letter of Credit #2910006596 held as project collateral in the amount of $19,027.70 to Bank of Colorado (Eaton Branch) and accepting warranty collateral in the form of Irrevocable Letter of Credit #2910007015 in the amount of $3,576.66 through Bank of Colorado (Eaton Branch). The original Letter of Credit in the amount of $19,027.70 has been returned to Bank of Colorado, 55 South Elm Avenue, Eaton, CO 80615. If you have any questions, please contact me at (970) 400-4227, or email choffman@weldgov.com. ery truly yours, Chery .f . He ma Deputy Clerk to the =oard Enclosure cc: Dawn Anderson and Jazmyn Martinez, Department of Public Works Tom Parko and Diana Aungst, Department of Planning Services Clerk to the Board File PL1919 November 12, 2020 CLERK TO THE BOARD PHONE: (970)400-4227 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, CO 80632 Bank of Colorado Attn: Timothy W. Croissant, Market President 55 South Elm Avenue Eaton, CO 80615 RE: Release Irrevocable Letter of Credit #2910006596 - PUDF18-0001 — H & K Investments, LLC Dear Mr. Croissant: Enclosed please find a copy of the Board of County Commissioner's Resolution, dated October 21, 2020, authorizing the release of the Irrevocable Letter of Credit #2910006596 held as project collateral in the amount of $19,027.70 for PUDF18-0001, H & K Investments, LLC. Additionally, you will find the released Letter of Credit. If you have any questions, please contact me at (970) 400-4227, or email choffman@weldgov.com. ry truly yours, Cheryl . Ho an Deputy Clerk to the Board Enclosure cc: Dawn Anderson and Jazmyn Martinez, Department of Public Works Tom Parko and Diana Aungst, Department of Planning Services Clerk to the Board File PL1919 rower: H & K Investments, LLC 36107 County Road 29 Eaton, CO 80615 IRREVOCABLE LETTER OF CREDIT Lender: Bank of Colorado Eaton 55 South Elm Avenue Eaton, CO 80615 (( q (970) 454-1800 ::::1;°;17:;:t%zzlizz4111? FAF� q� by. d� s NO.:29100096beau ,2pi°her FO EXPIRATION DATE. This letter of credit shall expire upon the close of bus,. S documents must be • esented to Lender on or before that time (the "Expiration Vo,. t0 Benefic ry: Weld County `'OL4 e8 AMOUNT OF CREDIT. Lender hereby establishes at the request and for the account ot Beneficiary for a sum of ineteen Thousand Twenty-seven & 70/100 Dollars ($19,027.70) (the available to Beneficiary u Lender's receipt from Beneficiary of sight drafts drawn on Lender at Lent,_ such address that Lender .y provide Beneficiary in writing) during regular business hours and accompanied u, or documents indicated belo WARNING TO BENEFICIARY: LEASE EXAMINE THIS LETTER OF CREDIT AT ONCE. IF YOU FEEL Ur ABLE TO MEt, ITS REQUIREMENTS, EITHER SINGL OR TOGETHER, YOU SHOULD CONTACT BORROWER IMMEDIATELY T• SEE IF THE LETTER Or .REDIT CAN BE AMENDED. OTHERWISE YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT F1' FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN. by e°ard DRAFT TERMS AND CONDITIONS. L nder shall honor drafts submitted by Beneficiary under the followi . terms and conditions: e ,er nts Upon Lender's honor of such drafts, Le .er shall be fully discharged of Lender's obligations under this etter of Credit and shall not be obligated to make any further payments under this etter of Credit once the full amount of credit available und this Letter of Credit has been drawn. Beneficiary shall have no recourse against ender for any amount paid under this Letter of Credi once Lender has honored any draft or other document which complies strictly with this . -tter of Credit, and which on its face appears oth: wise in order but which is signed, issued, or presented by a party or under the name of party purporting to act for Beneficiary, purpor ing to claim through Beneficiary, or posing as Beneficiary without Beneficiary's authorization. By paying an amount demanded in accord- ce with this Letter of Credit, Lender makes no representation as to the correctness of the amou t demanded and Lender shall not be liable • Beneficiary, or any other person, for any amount paid or disbursed for any reason whatsoever, inclu ng, without limitation, any nonapplicatior misapplication by Beneficiary of the proceeds of such payment. By presenting upon Lender or a c• firming bank, Beneficiary certifies tr -t Beneficiary has not and will not present upon the other, unless and until Beneficiary meets with dishon• . Beneficiary promises to return . Lender any funds received by Beneficiary in excess of the Letter of Credit's maximum drawing amount. USE RESTRICTIONS. All drafts must be marked "DRA N UNDER Bank of Color do IRREVOCABLE LETTER OF CREDIT NO. 2910006596 DATED 01-03-2019," and the amount of each draft shat •e marked on the draf Only Beneficiary may complete a draft and accompanying statements or documents required by this Letter of Credit nd make a draw u' •er this Letter of Credit. This original Letter of Credit must accompany any draft drawn hereunder. Partial draws are permitted under this Letter of Credit. Le .er's honor . a partial draw shall correspondingly reduce the amount of credit available under this Letter of Credit. Following a partial dra Lender all return this original Letter of Credit to Beneficiary with the partial draw noted hereon; in the alternative, and in its sole discretio Lend may issue a substitute Letter of Credit to Beneficiary in the amount shown above, less any partial draw(s). PERMITTED TRANSFEREES. The right to draw under this Letter of Cr: it shall be nontransferable, except for: ti. al B- art) by A. A transfer (in its entirety, but not in part) by direct ope liquidator, successor, or other representative at law of the on B. The first immediate transfer (in its entirety, but not in governmental body (judicial, administrative, or executive). TRANSFEREES REQUIRED DOCUMENTS. When the prese transfer from a legal representative, as described above, t documents which show the presenter's authority to claim COMPLIANCE BURDEN. Lender is not responsible for this Letter of Credit precisely as written. Beneficiary of Credit is amended with Lender's prior written con• and (ii) that Lender is relying upon the lack of such . NON-SEVERABILITY. If any aspect of this Lett having jurisdiction, Lender's entire engagemen Beneficiary shall be restored to the position occurred. This non-severability provision sh- within this Letter of Credit. of law to the administrator, executor, bankruptcy trustee, receiver, eficiary; and s h legal representative to a third party after express approval of a r is a permitte• documents requir- rough or to act with n ransferee (i) by operation of law or (ii) a third party receiving for a draw shall include a certified copy of the one or more a ority for the original Beneficiary. lty in achieving strict compliance with the requirements of i) that unless and until the present wording of this Letter tly with such wording remains solely upon Beneficiary, iar 's initial and continued approval of such wording. ri a impossibility or other diffi u .erstands and acknowledges: nt, the burden of complying st endment as constituting Benefic for any reason by any court or governmental body d null and void ab initio, and both Lender and .' able as though this Letter of Credit had never of edit, no matter where such provision appears v of Credit is ever declared unenforceabl under this Letter of Credit shall be dee ch would have occupied with all rights a override all other provisions in this Letter er governed by federal law applicable to Lender and, to r and to its conflicts of law provisions, and except to the and Practice for Documentary Credits of the International d by Lender in the State of Colorado. GOVERNING LAW. This Agreement will laws of the State of Colorado without 2007 Revision of the Uniform Custom - 600. This Agreement has been acce e extent not preempted by federal law, the tent such laws are inconsistent with the C mber of Commerce, ICC Publication No. with Beneficiary that drafts drawn under and in compliance with th. t on or before the Expiration Date unless otherwise provided for above. of Credit is secured by Promissory Note No. 2910006596 dated May 22, 2 rm of this Letter of Credit shall be renewed automatically for succeeding twelv notice of intent to terminate this Letter of Credit within thirty days of the Expir EX Lend PIRATION. Lender hereby agree duly honored if presented to Le SECURITY INTEREST. This Lett AUTOMATIC RENEWAL. The or Borrower shall deliver wri Dated: January 3, 2019 LENDER: BANK OF COLO By: DO Timot W Croissa t, arket President Ne.otiated B ENDORSEMENT OF DRAFTS DRAWN: Amount In Words at 18 in the amount of $72,162.70. onth terms unless either Bank n Date. Amount In Fi.ures erms of this Letter of Credit will be 7017 1450 0000 9675 2798 =rt^"r. mover Jver $500) PS Form 3311, July 2015 PSN 7530-02-000-9053 I FU ci H For delivery information, visit our website at www.usps.com® oirt } { Certified Mail Fee * Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Mk. or &OLAD0 err in: trim -O7* te46/6'5441- ELM AV6 bir/ t ICO gOi6D/ esso 1,1 aaas 1112114 Ill i 1611 10 1111 A. Signature X ❑ Agent ❑ Addressee B. Received by (nted Name) Q :k tt rd IA44, D. Is delivery kddress different from item 1? O Yes s If YES, enter delivery address below: ❑ No C. Date of Delivery i 4-a 3. Service Type ❑ Adult Signature O Adult Signature Restricted Delivery ,mortified Mail® ❑ Certified Mail Restricted Delivery O Collect on Delivery 2. Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery isured Mail isured Mail Restricted Delivery ❑ Priority Mail Express® ❑ Registered MaiITM ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise ❑ Signature ConfirmationTM ❑ Signature Confirmation Restricted Delivery Extra Services & Fees (check box, add fee as appropriate ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery O Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage Total Postage and Fees Sent Stree and r pt. , or /S, - ox No. City, s5ta#� , -." 4 Domestic Return Receipt A' C PS Form 3800, April 2015 PSN 7530-02-000..9047 TAY sc See Reverse for Instructions; CLERK TO THE BOARD 1150 O STREET PO BOX 758 GREELEY CO 80632-075€ suoponijsui Jo]. asaanaa aas .i'- ® •oN xodo 'ON '1 PLtE7GGJJs 997 A 1 1 O-7 ® 7tI Saa,di pue a6C4Sod Oepoj a6ea.sod $ Alanilaa palo!JTsaa oJmeu6!S 4lnPV ❑ $ pailnbaa einieu61S 1InPd ❑ $ I.ianllea Pelouasa lle6N Pel�l�a� ❑ $ (oluoApoIe) ldleoeu uan;e}J ❑ $ (Adoopaeq) idleooa uanzald (ew.doidde se ee; ppe 'xoq s/oego) seed 12 Sao!Mag t ATXD Bad pa!J!1JaO toa"sdsn'MMM }e 3f S aM ano Is!A `uOJi % 1 Man!Iap .Job 40.0.4m. a sewoo - lcdI20 ®1IVW 031dLL82o. wiOavues ieiSod •S•n- H Ln Li ci D U, ....,... r._ .•, ..a 1✓� d.�K. en... iw-:.•6.ti91e3evskal a', . ,kt3 :-,:,_ ` .. i i i i i 7017 1 450 0000 9675 2798 BANK OF COLORADO ATTN: TIMOTHY W. CROISSANT, MARKET PRESIDENT 55 SOUTH ELM AVENUE EATON, CO 80615 • J ` . :'31;caa.".F213.s' E._ • 1-2,... o... .... .,:+ _ • v, ; i •: . ■ Complete items 1, 2, and 3. IN Print your name and address on the reverse so that we can return the card to you.' I Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: eAvo 56 am Alle. alba Co go' Ann .ternotiff II i 11 u 9590 9402 4445 8248 1206 08 2. Article Number (Transfer_ from setvice_fabel) 701? 1450 D0DD 9675 2798 A. Signature X B. Received by (Printed Name) ® Agent ❑ Addressee C. Date of Delivery D. is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type O Adult Signature ❑ Adult Signature Restricted Delivery ,,><Cortified Mail® ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery lsured Mail inured Mail Restricted Delivery over $500) PS Form 3311, July 2015 PSN 7530-02-000-9053 O O Priority Mail Express® Registered MaiP ' Registered Mail Restricted Delivery Return Receipt for Merchandise Signature ConfirmationlM Signature Confirmation Restricted Delivery Domestic Return Rnrnint Ines.......... Borrower: H & K Investments, LLC 36107 County Road 29 Eaton, CO 80615 Beneficiary: Weld County 1111 H Street Greeley, CO 80634 IRREVOCABLE LETTER OF CREDIT Lender: Bank of Colorado Eaton Branch 55 South Elm Avenue Eaton, CO 80615 (970) 454-1800 NO.: 2910007015 EXPIRATION DATE. This letter of credit shall expire upon the close of business on 08-04-2022 and all drafts and accompanying statements or documents must be presented to Lender on or before that time (the "Expiration Date"). AMOUNT OF CREDIT. Lender hereby establishes at the request and for the account of Borrower, an Irrevocable Letter of Credit in favor of Beneficiary for a sum of Three Thousand Five Hundred Seventy-six & 66/100 Dollars ($3,576.66) (the "Letter of Credit"). These funds shall be made available to Beneficiary upon Lender's receipt from Beneficiary of sight drafts drawn on Lender at Lender's address indicated above (or other such address that Lender may provide Beneficiary in writing) during regular business hours and accompanied by the signed written statements or documents indicated below. WARNING TO BENEFICIARY: PLEASE EXAMINE THIS LETTER OF CREDIT AT ONCE. IF YOU FEEL UNABLE TO MEET ANY OF ITS REQUIREMENTS, EITHER SINGLY OR TOGETHER, YOU SHOULD CONTACT BORROWER IMMEDIATELY TO SEE IF THE LETTER OF CREDIT CAN BE AMENDED. OTHERWISE, YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN. DRAFT TERMS AND CONDITIONS. Lender shall honor drafts submitted by Beneficiary under the following terms and conditions: Upon Lender's honor of such drafts, Lender shall be fully discharged of Lender's obligations under this Letter of Credit and shall not be obligated to make any further payments under this Letter of Credit once the full amount of credit available under this Letter of Credit has been drawn. Benefic(ry shall have no recourse against Lender for any amount paid under this Letter of Credit once Lender has honored any draft or other document which complies strictly with this Letter of Credit, and which on its face appears otherwise in order but which is signed, issued, or presented by a party or under the name of a party purporting to act for Beneficiary, purporting to claim through Beneficiary, or posing as Beneficiary without Beneficiary's authorization. By paying an amount demanded in accordance with this Letter of Credit. Lender makes no representation as to the correctness of the amount demanded and Lender shall not be liable to Benefic.�Y or any other person, for any amount paid or disbursed for any reason whatsoever, including, without limitation, any nonapplication or misapation by Beneficiary of the proceeds of such payment. By presenting upon Lender or a confirming bank, Beneficiary certifies that Beneficia s not and will nit present upon the other, unless and until Beneficiary meets with dishonor. Beneficiary promises to return to Lender any funds received by Beneficiary in excess of the Letter of Credit's maximum drawing amount. USE RESTRICTIONS. All drafts must be marked "DRAWN UNDER Bank of Colorado IRREVOCABLE LETTER OF CREDIT NO. 2910007015 DATED 08-04-2020," and the amount of each draft shall be marked on the draft. Only Beneficiary may complete a draft and accompanying statements or documents required by this Letter of Credit and make a draw under this Letter of Credit. This original Letter of Credit must accompany any draft drawn hereunder. Partial draws are permitted under this Letter of Credit. Lender's honor of a partial draw shall correspondingly reduce the amount of credit available under this Letter of Credit Following a partial draw, Lender shall return this original Letter of Credit to Beneficiary with the partial draw noted hereon; in the alternative, and in its sole discretion, Lender may issue a substitute Letter of Credit to Beneficiary in the amount shown above, less any partial draw(s). PERMITTED TRANSFEREES. The right to draw under this Letter of Credit shall be nontransferable, except for: A. A transfer (in its entirety, but not in part) by direct operation of law to the adrranistrator, executor, bankruptcy trustee, receiver. liquidator, successor, Of other representative at law of the original Beneficiary; and B. The first immediate transfer (in its entirety, but not in part) by such legal representative to a third party after express approval of a governmental body ({udicial, administrative, or executive). TRANSFEREES REQUIRED DOCUMENTS. When the presenter is a permitted transferee (i) by operation of taw or (ii) a third party receiving transfer from a legal representative, as described above, the documents required for a draw shall include a certified copy of the one or more documents which show the presenter's authority to claim through or to act with authority for the original Beneficiary. COMPLIANCE BURDEN. Lender is not responsible for any impossibility or other difficulty in achieving strict compliance with the requirements of this Letter of Credit precisely as written. Beneficiary understands and acknowledges: (i) that unless and until the present wording of this Letter of Credit is amended with Lender's prior written consent, the burden of complying strictly with such wording remains solely upon Beneficiary, and (ii) that Lender is relying upon the lack of such amendment as constituting Beneficiary's initial and continued approval of such wording. NON-SEVERABILITY. If any aspect of this Letter of Credit is ever declared unenforceable for any reason by any court or governmental body having Jurisdiction, Lender's entire engagement under this Letter of Credit shall be deemed null and void ab initio, and both Lender and Beneficiary shall be restored to the position each would have occupied with all rights available as though this Letter of Credit had never occurred. This non-severability provision shall override all other provisions in this Letter of Credit, no matter where such provision appears within this Letter of Credit GOVERNING LAW. This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted try federal law, the laws of the State of Colorado without regard to its conflicts of law provisions, and except to the extent such laws are inconsistent with the 2007 Revision of the Uniform Customs and Practice for Documentary Credits of the International Chamber of Commerce, ICC Publication No. 600. This Agreement has been accepted by Lender in the State of Colorado. EXPIRATION. Lender hereby agrees with Beneficiary that drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored if presented to Lender on or before the Expiration Date unless otherwise provided for above. AUTOMATIC RENEWAL. The term of this Letter of Credit shall be renewed automatically for succeeding twelve month terms unless either Bank or Borrower shall deliver written notice of intent to terminate this Letter of Credit within sixty days of the Expiration Date. SECURITY INTEREST. This Letter of Credit is secured by Promissory Note No. 2910007015 dated August 4, 2020 in the amount of $3,576.66. Dated: August 4, 2020 LENDER: BANK OF COLORADO Y V Timothy W Croissant, Markeresident Date Negotiated By ENDORSEMENT OF DRAFTS DRAWN: Amount In Words Amount In Figures La VI, m,. ?0043 F,Astra 05A como,a.on,v5r, 2020 AS Righ.Rer.ane4 .e0 .wome.R CAILee F. 1 47,614 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular Agenda REQUEST RE: BOCC Agenda Item — Reduce Project Collateral to Warranty Collateral For: H & K Investments, LLC — PUDF18-0001 DEPARTMENT: Public Works DATE: August 14, 2020 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the issue: The Department of Public Works received a request from the applicant, Todd Annand, on behalf of H & K Investments, LLC, requesting that the Board of County Commissioners release the currently held project collateral of $19,027.70 for improvements related to PUDF 18-0001, and reduce it to warranty collateral. Warrant)/ collateral and collateral for seeding in the amount of $3,576.66 is required to be held for the duration of the warranty period. We request the Board approve the release of the Irrevocable Letter of Credit #2910006596 in the amount of $19,02'7,70, and accept warranty collateral in the amount of $3,576.66 procured in the form of Irrevocable Letter of Credit #2910007015 by H & K Investments, LLC, 36107 County Road 29, Eaton, Colorado 80615, and guaranteed by the Bank of Colorado — Eaton Branch, 55 South Elm Avenue, Eaton, Colorado 80615. Weld County Public Works and Planning Department performed a site inspection, at the above -mentioned site, and observed the following: • All items on Exhibit B, of the Improvements Agreement According to Policy Regarding Collateral for Improvements Document #2019-0440, have been correpleted and are found to be acceptable. Bob Choate/Assistant County Attorney has reviewed the Improvements Agreement and Collateral requirements and recommends this, release of project collateral and acceptance of warranty collateral. What options exist for the Board? 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Weld County Collateral List: H & K Investments, LLC - (PL1919 - #2019-0440) - PUDF18-0001 Improvements and Road Maintenance Agreement — Contract ID 2388 Irrevocable Letter of Credit #2910006596, Bank of Colorado — Eaton Approved 01/28/2019 Expires 07/10/2019 with auto renewal unless 60 days notice (full and final maturity date 07/10/2019) $19,027.70 Recommendation: The Departments of Public Works, Planning Services and the County Attorney's Office are recommending approval of the release of full project collateral and acceptance of warranty collateral for H & K Investments, LLC — PUDF 18-0001, and this item be places on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. Schedule as Regular Agenda BOCC Item Other/Comments: Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro -Tern Kevin D. Ross 2020-3157 ip�2� �'L1919 From: Trace Anderson To: Todd Annand Cc: Pawn Anderson; )azmyn Trujillo Martinez Subject: Serenity View PUDF18-0001 Release Process Date: Wednesday, March 11, 2020 2:29:29 PM Attachments: imaae001.ioq Todd, All items on the punch list have been completed or provided except installation of the Knox Box and stabilization/seeding of the drainage ditches and outlot berm. We can move forward in good faith, understanding that the Knox Box will be installed once construction/hauling is complete. I would like notification when the Knox Box is installed. To begin the release process you will need to reach out to Dawn Anderson and request the project be released down to warranty collateral. As discussed previously, the County will need to retain 100% of the seeding collatera$850); all other items in the cost estimate will be reduced down to 15%. The amount due for warranty collateral totals to $3576.66. A new letter of credit will need to be submitted for the specified amount and should not have an expiration date or an expiration minimum of 3 years. It will be your responsibility to contact Public Works when the warranty period ends for a final inspection. This inspection will require you to correct any items that need to be maintained/improved. Included in the correspondence are Dawn Anderson (Development Review Manager) and Jazmyn Trujilo-Martinez (Improvements Agreements). Please reach out with any questions. See below how the warranty collateral amount was calculated. Current collateral amount: $19,027.70 Current collateral to be reduced to warranty (15%): $18,177.70 Warranty collateral: $2726.66 Warranty collateral + full seeding collateral: $3576.66 Thank you, Trace Anderson Development Review Public Works 1111 H Street Greeley, CO 80634 tandersonl@weldgov. com tandersonl@co.weld.co.us Mobile: 970.397.4515 Office: 970.400.3714 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. /p 3 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST RE: BOCC Agenda Item - Approve Improvements and Road Maintenance Agreement for: H & K Investments, LLC — PUDF18-0001 DEPARTMENT: Public Works DATE: January 9, 2019 PERSON REQUESTING: Tisa Juanicore Brief description of the issue: The Department of Public Works received a request from the applicant, Todd Armand/ H & K Investments, LLC, requesting that the Board of County Commissioners confider approving the Improvements and Road Maintenance Agreement for (PUDF18-000t). Collateral, in the amount of $19,027.70, is required with this agreement for On -Site Improvements, and has been submitted in the form of an Irrevocable Letter of Credit #2910006596, by H & K Investments, LLC, 36107 CR 29, Eaton, CO 80615, and guaranteed by the Bank of Colorado - Eaton, 55 South Elm Avenue, Eaton, CO 80615. Weld County Public Works, Planning Services and the County Attorney's Office have reviewed the above -mentioned signed original document and observed the following: • All Public Works related items, of the "Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements", are found to be acceptable. • 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? 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Recommendation: Option 1. ?he 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 PUDFI 8-0001, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Sean P. Conway Scott K. James Steve Moreno Mike Freeman, Pro-Tem Barbara Kirkmeyer, Chair Approve Recommendation f‘ArKr Schedule as Regular $OCC Hearing item Other/Comments; Cc. RaC-00-IEP) . PLcoa/ KO) 2019-0440 O1O6/14 Cf IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS H & K Investments, LLC — PUDF 18-0001 THIS AGREEMENT is made this day of agnUw-)/ 2019, by and between H & K Investments, LLC, whose address is 36107 C 29, Eaton, Colorado 80615, hereinafter referred to as "Property Owner", 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 B of Recorded Exemption, RE -3684, being part of the SW1/4 and SE1/4 of Section 5, Township 7 North, Range 67 West of the 6`'' P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, Property Owner has received Board of County Commissioner approval of PUDF18-0001 8-0001 for nine (9) lots on approximately 59.3 acres, and WHEREAS, Property Owner acknowledges that the final approval of PUDF18-0001 is conditional upon Property Owner's funding and/or construction of the on -site and off -site 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 — Construction Plans, Exhibit D — Plat Map (recorded simultaneously with this Agreement), and WHEREAS, Property Owner acknowledges no building permits will issue for any lot described in PUDF18-0001 until said improvements have been completed and accepted by County. and WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code Sections 24-3-80, 24-4-70. and 27-8-60, if no construction has begun or no use established within three (3) years of the date of the approval of the final plan or plat, the Board of County Commissioners may require the Property Owner to appear before it and present evidence substantiating that the development has not been abandoned, and that the Property Owner has the willingness and ability to continue development, and WHEREAS, the parties agree that the Property Owner shall provide collateral for certain on -site (if applicable) and all 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 I: SITE SPECIFIC PROVISIONS H&K Investments, LLC - PUDFI8-0001 - IA , -"II 4463575 Pages: 1 of 27 01/31/2019 10:22 P11 R Fee:$0.00 Carly Koppes: Clerk and Recorder, Weld County CO moo/ 9- o H 1111 !fratlir ip: 10.0 11 111 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. B. On -Site Improvements: Property Owner shall be responsible for the construction of all On -Site Improvements as shown on the accepted Exhibits of PUDF 18-0001. 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 (CDPI IE), 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. 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 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 4463575 Pages: 2 of 27 01/31/2019 10:22 AM R Fee:$0.00 Carly Kopp Clerk and Recorder. Weld County, CO VIII �I ��I \�1 �'O�I I AAII ■�I ��A� 1 �i�ll r\�rll�lT.��I�I�1�■ IA I II u.e.k i.,.,Ac.ma.qc I I r - PUDF18-0001 - IA •11 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 1I.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. C. Maintenance 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 84 between County Roads 15 and 19 2.0 Dust Control. Property Owner shall be financially responsible for its proportional share of dust control on unpaved designated travel routes 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. Dust abatement along the travel routes is expected to occur approximately two to five times per year. Dust abatement is required for roads with more than 200 vehicles per day, per Section 8-6-100 of the Weld County Code. 2.1 Dust 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, as determined exclusively by County personnel. 4.0 Calculation of Property 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 shall review and consider Property Owner's input prior to making a final determination and assessment. The County shall have sole responsibility for determination of Property Owner's 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 Annual Road Inspection. County may conduct a road inspection annually 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. PART II: GENERAL PROVISIONS H&K Investments, LLC - PUDF I8-0001 - IA 11 4463575 Pages: 3 of 27 01/31/2019 10:22 PIM R Fee:$0.00 Carly Koopes Clerk and Recorder. Weld County, CO ■III M,��.r��"TAP �� III III 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 (and any drainage -related structures required by any MS4 permit) identified on the accepted Exhibits and shall be solely responsible for the costs listed on the cost of construction exhibits, with the improvements being completed also in accordance with the schedule set forth in the construction schedule exhibits. The Board of County Commissioners, at its option, may grant an extension of the time of completion set forth in 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 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 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. H&K Investments, LLC - PUDF 18-0001 - IA of 11 4463575 Pages: 4 of 27 01/31/2019 10.22 AM R Fee:$0.00 Carly !Cocoas . Clerk and Recorder. Weld County, CO 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: (l) 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 is governed by the Weld County Code. 1.1 Project Collateral shall be submitted to guarantee completion of certain on -site and all required off -site improvements identified in the Exhibits. Project Collateral must be submitted in an amount equal to 100% of the value of the improvements, as calculated in the cost of construction exhibits. Project Collateral must be submitted at the time of execution of the Agreement, unless otherwise directed by the Board of County Commissioners. In the event that Property Owner fails to adequately complete the required improvements, County may, in its sole discretion, access Project Collateral for the purpose of completing such improvements. It may be necessary to provide additional collateral in the event the cost estimate is older than three (3) years. NO WORK SHALL COMMENCE UNTIL PROJECT COLLATERAL HAS BEEN SUBMITTED AND ACCEPTED BY THE COUNTY. 1.2 Warranty Collateral shall be submitted and held by the County until release after the two- year warranty period following the County's initial approval of the improvements. Warranty Collateral shall be in an amount equal to 15% of Project Collateral. In the event that Property Owner fails to adequately complete or repair improvements during the warranty period, County may, in its sole discretion. access Warranty Collateral for the purpose of completing such improvements. 2.0 Form of Collateral. Collateral may be in the form of a letter of credit, a surety bond, or a cash deposit, subject to the requirements and restrictions of Section 2-3-30 of the Weld County Code, as that section may be amended from time to time. 3.0 Release of Collateral. Collateral shall be released in accordance with Section 2-3-30 of the Weld County Code. For collateral release, the Planning Department conducts inspections for on -site 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. 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. H&K Investments, LLC - PUDF18-0001 - IA 1 4463575 Pages: 5 of 27 01/31!2019 10:22 AM R Fee:$0.00 Carly Koopes Clerk and Recorder. Weld County. CO VIII !Kt WOIP IllONO II III 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 Department of Public Works and request an inspection of such improvements. Upon request, County personnel will initiate the inspection, approval, and acceptance process. 3.0 Inspection, Approval, and Acceptance Process: 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 H&K Investments, LLC - PUDF18-0001 - IA 4463575 Pages: 6 of 27 01/31,12019 10:22 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County CO SIIiNil Fri rlaiti heir: �`,t+�11111In I Hi I1414 iI II! 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 finds 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. 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. Access and Right-of-Wav Permits: 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 V of Chapter 12 of the Weld County Code. 2.0 Right -of -Way (ROW) Permits. Per Article IV of Chapter 12 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. 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 H&K Investments, LLC - PUDF I S-0001 - IA 0 oo..r11 4463575 Pages: 7 of 27 01/31/2019 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO 101 k'r1!.r1'Ml:'�u,I4P.kiii1,I10,: E 11141,,Il':l II III 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 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. 4463575 Pages: 8 of 27 01/31/2019 10:22 AM R Fee:$0.00 Carly Kopnes Clerk and Recorder, Weld County, CO Ell H&K Investments, LLC - PUDFIS-0001 - IA Page 8 of 11 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 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. H&K Investments, LLC - PUDFI8-0001 - IA Page 9 of II 4463575 Pages: 9 of 27 01/31/2019 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder: Weld County. CO ■�� PiPar riielhei ■I !�! 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 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. 4463575 Pages: 10 of 27 01/31/2019 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County; CO IIIII rill2NrCk NELIK4a'IMNilL'!E'iiil:IRLYIR UIII H&K Investments, LLC - PUDF I8-0001 - IA Page 10 of 11 ATTEST: PROPERTY OWNER: By: Date: //21/ Name: /aci Title: (°) c t_,ttitrs D ARF?A WAK<(I EN STATE OF COLORADO ss. County of Weld NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174031289 IMY COMMISSION EXPIRES 7-26-2021 The foregoing instrument was acknowledged before me this D day of M , 201O1,by TCScld An1�a.+-�cl D\ .)v,p - 0c k -k 4( K 1nveS+ e•�i S LLC WITNESS my hand and official seal. Notary Public WELD COUNTY: 5dr44.i Jeid.,:(1 Weld C•u ty Cler e the BY: BOARD OF COUNTY COMMISSIONERS WE D COUNTY, COLOR O Deputy Cler arbara Kirkmeyer, Chai 4463575 Pages: 11 of 27 01/31/2019 10:22 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County CO lilt MI KuUWillf+i'l1.3k Lthildilidevi, III! H&K Investments, LLC - PUDF18-0001 - IA Page I I of 11 JAN 282019 OW/9 -o $149 Serenity (Exhibit A) Public Improvement Engineers Estimate Date 10/16/18 Description Unit Quantity Unit Price Total Site Preparation LS 1 $ - $ - Erosion Control Storm Water Management 1 $ 850.00 $ 850.00 Temporary/Permanent Seeding LS Subtotals $ 850 00 Water Main 6" DR 14 C900 PVC LF 2072 0 $ - 6" Gate Valve EACH 3 0 $ - Water Main Fittings EACH 2 0 $ - 16"x6" Wet Tap EACH 2 p 0 $ - Fire Hydrant Assembly EACH 3 $ - $ - 15" Culvert RCP LF 30 $ - $ 600.00 Subtotal $ 600.00 Roadway 6" Gravel Section (Access Road/Pad) Tons 1.500 $ 8.00 $ 12,000.00 Road Prep/Earthwork SY 6562 $ 0.85 $ 5,577 70 Subtotal _ $ 17.577 70 Electrical Transformer and Service Trans 5 $ - $ - $ - Subtotal_ - _ $______L_____AMMIS Total 4463575 Pages: 12 of 27 01/31/2019 10:22 Aft R Fee :$0.00 Clerk and Pocc-de $©W l v r Weld County CO�. l��q (L �lI !III 1 ,I ( •1 I R I $ 19.027 70 EXHIBIT A-1 - Cost Sheet (OFF -SITE) - Signature Page The above Improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent Said improvements shall be completed according to the construction schedule set out in Exhibit B By 44 7A‘ -4 -- Applicant Owner Title By Applicant Title 4463575 Pages 13 of 27 01/31/2019 10 22 AM R Fee $0 00 Carly Koppes, Clerk and Recorder Weld County CO VIII Ili,irdrA'N9 /MI, ATi° r4 lilt illiriiii RI II Date January 8 2019 Date , 20 EXHIBIT A-2 - Cost Sheet (ON -SITE ) Name of Facility Serenity View Estates Filing/Case # pUDF18-0001 Personnel Contact Name Todd Annand Title Owner Location CR 84 Phone 970-413-1714 Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements Improvements (Leave spaces blank where they do not apply) (ON SITE) Quantity , Units Umt Costs (Sl Estimated Construction Cost (S) ,,PUBLIC WORKS,, Survey, Street Monuments/Boxes ' Street Grading ' Street Base Street Paving Pavement Marking Entrance/Access Improvements Road Culvert Dust Control (per Sec. E -7 5 2) Road Maint. Collateral (per Sec E -7 5) ,.PLANNING SERVICES,. , Sidewalks Curbs, Gutters, and Culverts Fire Hydrants Site Grading Retention / Detention Ponds Stormwater/Drainage Facilities Erosion Control Measures/BMP's Grass Lined Swale Subsurface Drainage , Ditch Improvements Parking Area, Curb Stops, Bus Kiosks, Mailboxes Street Lighting Street Names Signage Fencing Requirements Landscaping, Seeding, Trees, etc. Park Improvements Handicap Accessibility, Parking & Rails ,,Health Department,, Septic Systems SIM-TOTAL. (resting, inspection, as -built plans and work in addition to preliminary and Engineering and Supervision Costs ($) final plat, supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPRnVFMFNTS 4463575 Pages 14 of 27 01/31/2019 10 22 AM R Fee $0 00 Carly IKoppee�s Clerk and Re�coorrdeerrl WeldCounty pCO f��1� FNt"'TNurDING AND SUPERVISION ($) 0 00 EXHI IT A-2 - Cost Sheet (ON SITE) - Signature Page The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authonzed agent Said improvements shall be completed according to the construction schedule set out in Exhibit B By / 7A____ Applicant Owner Title By Applicant Title 4463575 Pages 15 of 27 01/31/2019 I0 22 AM R Fee $0 00 Carly Koppes Clerk and Recorder Weld County CO ®III RIPFIR«hiaA1 diiOt. arab dfY� Mtigi1h 9ii ®I II I Date January 8 20 19 Date , 20 EXHIBIT B-1 - Time Schedule (OFF -SITE) Name of Subdivision, PUD, USR, RE, SPR PUDF18 - 0001 Filing/Case # Location CR 84 Intending to he legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements All improvements shall be completed within _years from the date of approval of the final plat Construction of the improvements listed in Exhibit A-1 shall be completed as follows Improvements (Leave spaces blank where they do not apply) Time Schedule JOFF-SITE ) !PUBLIC WORKSI Survey, Street Monuments/Boxes Street Grading Street Base Street Paving Pavement Marking Entrance/Access Improvements , Road Culvert Sidewalks, Curbs, Gutters, and Culverts (OFF -SITE) Dust Control (per Sec E -7.5.2) Road Maint Collateral (per Sec. E.-7.5) ,.PLANNING SERVICESI Sidewalks, Curbs, Gutters, and Culverts (ON -SITE) Fire Hydrants Site Grading Retention / Detention Ponds Stormwater/Drainage Facilities Erosion Control Measures/BMP's Grass Lined Swale 1} Subsurface Drainage Ditch Improvements Parking Area, Curb Stops, Bus Kiosks, Mailboxes Street Lighting Street Names Signage Fencing Requirements Landscaping, Seeding, Trees, etc Park Improvements Handicap Accessibility, Parking & Rails !Health Department., Septic Systems Final Completion Date for Entire Protect No Off site 4463575 Pages 16 of 27 01/31/2019 10 22 AN R Fee $0 00 Carly Koppes Cierk and Recorder Weld County CO ®III ii01.017it1iiiiihl'Ililliqi 11r1 it el `skis Vil It'i ill'iiiii i 111111 EXHIBIT B-i - Time Schedule- Signature Page The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met By 4_,)LTA-------.4 Applicant Owner Title By Applicant Title 4463575 Pages 17 of 27 01/31/2019 10 22 AM R Fee $0 00 Carl,' Koppes Clerk and Recorde- Weld County CO ®III WAAL%Vi,li'd (MIlit PDAII PAliVillrciiiiiiii ®I III Date January 8 20 19 Date , 20 EXHIBIT B-2 - Time Schedule (ON -SITE) Name of Subdivision, PUD, ISR, RE, SPR PUDFl 8 - 0 0 0l Filing/Case # Location CR 84 Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements All Improvements shall be completed within years from the date of approval of the final plat Construction of the improvements listed in Exhibit A-2 shall be completed as follows Improvements (Leave spaces blank where they do not apply ) Time Schedule (ON -S _jE .jPUBLIC WORKS j ' Survey, Street Monuments/Boxes Street Grading Street Base Street Paving Pavement Marking Entrance/Access Improvements Road Culvert Sidewalks, Curbs, Gutters, and Culverts (OFF -SITE)\ Dust Control (per Sec. E -7.5 2) Road Maint Collateral (per Sec E -7 5) ,PLANNING SERVICESJ, Sidewalks, Curbs, Gutters, and Culverts (ON -SITE) Fire Hydrants Site Grading Retention / Detention Ponds Stormwater/Drainage Facilities Erosion Control Measures/BMP's Grass Lined Swale Subsurface Drainage Ditch Improvements Parking Area, Curb Stops, Bus Kiosks, Mailboxes Street Lighting Street Names Signage Fencing Requirements Landscaping, Seeding, Trees, etc Park Improvements Handicap Accessibility, Parking & Rails ,Health DepartmentJ, Septic Systems Final Completion Date for Entire Project See Attached 4463575 Pages 18 of 27 01/31/2019 10 22 AM R Fee $0 00 Carly Koppes Clerk and Recorder Weld Counts, CO Rill lerdklAIWICIViLPhl'OgittIJARirt'ivi,11111 NOTE 1 EL DE mm®aRYTvoea i� DC flit smnnn uo ED Our mum IOW AE I XEDDC, DAD DOD DEMM CCUSLOCCC D DC moo DMDS m RAI ODD tT AE.a DOa RED TIC mini GEED DC. ND RAI PIE Na AD DO &MUM A) ST TM CROP AEM elMl/ND uc TO SC Art O M SIAM DEC MEMO AS ML Waa YT KW Sam SC COIIIDa IT 11701941L,a EMU MM DWDD DRAM= SC RPM SEEM DCIUDa DASD Aa ®ma DE COMM CNL amnia Mel lea m 1431111001 OT AIR ME ED SAME EMI NaUP C mark a DmAPT, Pas ET ECM =DO SECT RUM TDCSIF AS SOO a SEEMS, manMElol IC AML NEC DE AT NT m muQ A MODE MD el A MEOW us AYE as DE IT NNW Di ana • ea-amm DO TA ENDUEDC asmuafrlEMLU COT M LED1 v mac DOD NTMEI a SI AN anima DOES OE DC WITier UATIDA CODED LOMETM=alif i it AIROwae11 arseAll LiEM m°EN WEB DIE MD IN DAA0 AD= En inn IeTc C Slim IT OWL C M r®amla ir M EDAM AMDE ALL MD AlIm EMI DDT EN M Imo® DMYMa sEa CO 110 CNa SITE DATA Pum.RULE Ste rnRMED P° 1121aa AN Am MAIM IBC EIJITNETna LEGAL DESCRIPTION DOD l DMA ®Tea in 004B-1 84t AT ®IILU/LE • a lTWOP 7l ARAlel OIC POD MD CT DOME IOC A TM Cr INC mmM VIH PAL COMP [MAO= SDOMD ®afal Ear EDItin a DT WELD COUNTY CONDITIONS W SCPam CO !I6,10 aam,E.,-E ®®ZEE= IGfALIZZEMmlpICE; ERSECi to au clan MO DM IOW all • I• R=DTCIeana DCC fCAIano I,Tit,rom MEE Dome&TEEMD PU4CC A TCLCo®•rt CC CI,,Aarlluc� • NOME., waw�m M=mow Wm, Ccosomm ;ME Dam WCI ne ouap �mwnam•mn ®nn mlmlarwmy nona TO ELME Ea MOM aVIE EMI ••v.M EN MEMEWED a N ELamin' Mali Emoo EN MAULER. OM MEP RP va•aiTEDLI matt NADPL•I.Caa•EM MI s mmmDm,o.Mt OSMumJ IfMENKE Munal NOL Dom ow Noo Er oono071lovema maw sumo manomMau aunt®DmniI4CAT �aLou*Dae a mveml DEMO u NA� NaeaaD® u maws=.aLo4Nmawass loom er NEaum) • rim MGRMasi Daa RE'A Hamm CCMDamn Crum mT.mramCz®P CRUD DM saccoomm • Ea fomum NoaUt Na a•a•UCANSAYmoans lc auoculooeus MOOT (Sonar IVIES LUIS PUDZ17-0005 Being ell of Lot B Recorded Exemption No 0705 05-3 RE -3684 Situate in a portion of the South 1/2 of Section 5, Township 7 North Range 87 West of the 6th Pnnaple Meridian County of Weld State of Colorado WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT NOTES •WE EMI Ur El YEM1EN N�.. COT KZ MITE® L SE MmE OREM=WEE .•m.sir. MO WIZ l.aa.aaMEM asa aTm®MEA®m.n NMa•m Cr le MEM ulNoavrlEE•.m MOM m Sam lima •ImI AN DEMO mar m • MD A LL E v =Sinn s•• REIM a mum [IMMIX MmTono :Lowe N MUM MO NIPall • NOEL WIMDiO nil MN. UM mPERM ®m an MY MIUMW WOW= E IMO • MEaEMENT COEM w iNI ® METROIIEAT EI® MI En ISD®mm =azmom. n. 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EL, Ey MEMDEMina oAaa MELEE MEI NE SW =MYEW OM =EL CI RN= D® a a NDR.1Nu CM CmllelaDE=OM VI DE a C.ODIm EE.•soy en ES WM INE MICE OETaa CnD„DaDq matlDE DETEDIILEcoMan Ai ®i Amin Samoaill mM A vaaual amamamaomNoma. �mucus meow molar et Et wrt Emu aRa cooro Nan =la Ella con IDo%Noma mum a • MM• EE OM wan..; N.RDWA®.u0cr.= oami.Nma CIYa.,Ma.D Sum E To=m Y. Alm iforcsomnl.ILE a.Emmlaml v R•DE DinEEcuolEL Me YeC m ��Elm LIMCM; E vaME..TEmAC Yon P=RE NI WPM= ®Eaa®a9 L11klOM=• mm ADZ MRnn•C E ORMBETO a1m ailDDim01MOLEM 1 UM a¢pp DMZ MREm®EWQMaapL017 mCI CISsemi=EDO �Ra� DY�aT4Cl® Ca Cal �mmaY0omII ClaW KM.®� MEM REaam ME EEULr DMZ. emaDIELEL mMl Mewl OaofI;"� m®m MIS 4463575 Pages 21 of 27 01/31/2019 10 22 AM R Fee $0 00 Carly Koppes, Clerk and Recorder, Weld County, CO as Warta Em5LU MI 18N 0 ® 9 El (11 1 VICINITY MAP PROPERTY OWNERS CERTIFICATE DRAWING INDEX Kr WIN M Tt•0 can AEI C -IA a® min Iva SID sr FA w NC AM aUIOM5 Ra GLI MU IOU MT RAM aaa CULLS PROJECT CONTACTS MUM wrap mom A CI Cur Bra aluio ls�atq>+Rm DD ONES DI ICIAt PS CC RS Dar Op Noe NOD NW WEAR DDND ED ✓biETI4g141 SLUT RIEDLEDE • AEma➢LDL10 DO WOE Da foal CO I T ilia aD AaW I SC VOOPAIII. DINT SILT SD PTY DAm Re LTUCIIPM IMMOa a WEI DR NKr Aet DADA Na OIL a IM AM TWIT I AD®mi la. WW1 CCOOT EMMET AM =RE TItUS LS MD r as MM CODA EOM Cia Na a I®mua Da Nrt w Y=OM0ASA! Aa male MID EGOaametima Con �r I! C EC TIEr linAlla A CIlia¢u NCOa£ ®SSNSDT mmnrNlammwTmlTl¢ IL N A 1 IIIaIe.a ITC DAM EWE Kama an A® As CO To aeo0 r m_ Dor_ a Y D•ASeraronlac n os IRNIM IA =IL SAL VI COMMA EMU WET PEE PLANNING COMMISSION CERTIFICATION Aa RY a PEP MO MI COO IM Mfa ON; Em Dorf SCO ttm1M1 MEDD WREN AI M® AO MS A ER Eml r m_ OT 41._. CT inns IRAs AM Mao SOL CT COMM CO NEAR POE BOARD OF COUNTY COMMISSIONERS CERTIFCIATION Ile RAT II MID NO ANWO ERMINE mw v mart DA®® M MEM MAD Cl! M®AMADa OHMIC rME_OAT V_, m• IT ETD NT AM As DCM EAL •T DIES aN WWI ▪ sErmNOLIuo TManm SERENITY VIEW PUD WELD COUNTY CO H&K INVESTMENTS LLC 38107 CR Da EATON COM815 RNAL PUT ▪ rgam 01282018 COVER SHEET CV -1 0 1 of 7 PUDZ17-0005 Being all of Lot B Recorded Exemption No 0705 05 3 RE 3684 Situate in a portion of the South 1/2 of Section 6, Township 7 North, Range 87 West of the 6th Pnnople Mendran County of Weld State of Colorado -- t- — c - T -' c - - 1 T'�-`'T�-1 C c^-7— +----r'- --1---,, ti'Vf f --t—', ti � `‘ anal\ \ II• 1 .. 12./: • III l {Il 1•{1 > 1_ �//p, - • ,, ,1 y{t f1} T° {E1 \ ` _ ` `,. l', ,. ,'i t 1•-S-r'S ti T Jf` 'I ,, 1%; La Its _ ,' , 1 { , •?t{ `" '9 s %% \ 4 1( J!^ OFF � . /' r , '11,il{ ,I M1 ��/i�% -L S' 1 �/ j : as/„,7 r [ „44,1 ' LEGEND Qma PROPOSED =Oil MIS 0, Imo¢ IOA RTI IX RGfllr O[ EROSION DETAILS ® O1 mama uuLuaO I' "t O { i , \ �`i1zL III ;1Atll,2T t I i l' 1['t 1{ I,, 'f �[ 1 L 11 ,1 1 ,I I[ ',M1 [ I ;'I, 1`14 ; •-•.' l' LIa Mate "•;1::-._-:-.--7.' 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WM a awp0®I ®la AN CSI I0 ONNALTIR 1 M LaaR at O02XSEIMEI Sal Som ALL Crx a SR 051 MT 0002042 If IUMI 1TNLID1N OM NHL CIT AIR�ILTN 10001121,900020 CS SwLMIN= DC R0O WO TO TO ICE ACM OM= 4463575 Pages 22 of 27 01/31/2019 10 22 AM R Fee $0 00 Carly Koppes, Clerk and Recorder, Weld County, CO ®III RIFFlttk1M+Nkrbl; ®I III 1 NTS I DGEI0P 04011000104 A COOrvNLTA SERENITY VIEW PUD NEL00011NTY CO TTIo,.,1 H&K INVESTMENTS LLC ]810100 20 EATON C000818 FINAL PLAT RVW.r. c.O� 01/2812018 aw Aamu m. —ti EROSION CONTROL PLAN ER -1 0 2 1n 7 J I i I .22 Irn c�A97I., MI IOLfA® i88jM,j 4115H MO MD 9�irll A® - _-- WELD COUNTY NOTES I K RO140 O)ID 900 MIMI I1m06IMO 014411 ADIIOR O TIM 010 L nt A®DIKc ROL BC -7021 m10AI AVMS TT it RAM TM mum NII INOflit31 15COMM O RCM CCM 1 OM MISS TUT VAT 00RAO CR 0®110 � AO MUT m10OIT 1I�009101 OM AA 12x10 REMO 410 MO x0101000.011 OVAMOT0 •...MMI 111 MAMA nn19RA11@619 RRM MIMS 009001 HWNOIm QOKOOT 1 SRO 01111€16162301 SO D1 MUM= O 6611 OA912040 m1Um 100110Qf O RHO ULM KID OWNS oar RR M 110019001 0611 944= 163 (.9.4060 If Mt PUDZ17-0005 Being all of Lot B Recorded Exemption No 0705 05 3 RE -3684 Situate in a portion of the South 12 of Section 5 Township 7 North Range 67 Wesl of the 6th Pnnciple Mendian County of Weld, State of Colorado _ I � f 1 I' f �II - a ' III Il A O4R O0• '�* 1141.40 4463575 Pages 23 of 27 01/31/2019 10 22 AM R Fee $0 00 Carly Koppes, Clerk and Recorder, Weld County, CO ®�(I MPAin't INN& kiltidki, Ni F,P311114TINA III f 5 fall] It ODl Al ,01 522 642 SAC LEGEND War VC ® 441* ORM Emu/ ML LOM TT O4®610T 16 PO MMUS CNMM MIL mR®vMr IAID91n NOTES I Al TMISM NO MUMS 1011 WM VIN YL 01x/2010710 11110C N0 00123 1 K MAN DIM 0 DAM ISM K OOOS MIGSTOM0 O IC cola 00006 LC MI 003101 UMW A 0012 MD 9/4I ➢0 00)02 00000 3611 01 D4 MA 941 /IL 8190 IN RIMY ROM) IV M1W6 00.000 0/2/011 0 TO M 010 0 K 9W OM= ROLMT 0090ROM IAT 1111[ 04vID M OM1010 0 RCPROAIr10191MO MD COMM MRMRL00 K P0:9291 5111M AMOMA161 MI AV CORM R D0MODEM 0650 IC COSOLICR9CI410IL O F ODMMA E MT SEEM 01 €IMAM7 IMAM MMAINS MET C• M 01 R MA1 0110®Ml 90O O44MIL Al M 001 DAM A 06PNK RPM OS A ®W MCI 917471 N0290 IT 0 K MAIM HEIL 1 NT. - ADM .1xIVIIR ,DI mIMIfl01 O SUM. 71 CNIOM MT M LOOM 1 OMTOI O MEM 1103 TIMM10 IS 0W, W UM KW0 SAM 01 IW I M NH 1/111110 )01 f®L MAIM 40.ICAMICARt MUNKIWA INC 1067.01 HM A O mm 00510 H1CT O MAIMK 016100 MST CO•Dr MMUS MITI COMP40*91 WSlO 010 MM MIT COMMIT 05(0)140 RIOT 71 l=M OT 001116 R90115K 5440®100 K MOM= T000 14L 000 2000 AO DEM 000009 O M CORM 110 060 * 44. 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'STOP' 901 11114 Cr ekst ( anco STANDARD Wt -1) 1W 'W0 OUR£1' 904 NTH NEW BAST Nun STANDARD 114-2) Q 1W. 'SPED LII1 25' SO M1H 0 BASE (111111) STANDARD R2-1) SPUD LIMIT 25 - r d CLASS I CRAWL 211 0C =PC M ;awl EN AAfl SNOW OCC1>x 1-$ (tDC co 7 . .. STOP t r*s ,o unarm OEM 10 INN aisU1at n a& Afu 111101 O SPED War aw OO1P*C1 a WN•Nt1 M DEM 161Au COPACRD was MAIN MANN 01 SiNUC11Rk 111. 1149.0MILL NAM mak KML E OWFJESCAYA Mb EOM PUDZ17-0005 Being all of Lot B, Recorded Exemption No. 0705-05-3 RE -3684 Situate in a portion of the South 1/2 of Section 5, Township 7 North, Range 67 West of the 6th Principle Meridian, County of Weld, State of Colorado GRAVEL SECTION >1� • tot 2 LIS) as . LOT1 u11 AOW3 . S. aeAaaaJaa. S S. RAO 2 tsn aOWs / N AOs HAND 00 E 515730 • • 1241ithos•4016n/n- •.ID . . S. ar_ . S. 10T 3 UN as 1 • I ADS 11.10 imc / E salt 9W AOXIS . S. .. 101 • al as — - 4463575 Pages: 24 of 27 01/31/2019 10:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. 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It, MULL PUNT cats ITT MA COMIC II WOO aCOWTIO t/y..t mss__-_ 01/28/2018 - al GRADING AND CHANNELIZATION PLAN CR-1 0 4 0 7 PUDZ17-0005 Being all of Lot B Recorded Exemption No 0705 05 3 RE -3684 Situate in a portion of the South 112 of Section 5 Township 7 North Range 67 West of the 6th Pnnciple Mendian County of Weld State of Colorado mm Ita lime t_t_t_—t_--r_r_r_—� �t_��t_t•t_t_�t_ t_t_�l_t_t_t_t_�Z��t•1■mm _r_r_r__r__■��-�G_r_=----r_-----r_--r_r_r.r_r_r_�r�l� sine_____t•________ � ___C___t t•______ n5 mm ■■■■■■■■■■■■■■■■ ■■■!■■■■■■■■■■■■■■■■a „��■■■■■I■ I..,.. iuuuuiuiiuiuiiiiuuuui:: ,um ■,1n ma Mt 4463575 Pages 25 of 27 01/31/2019 10 22 AM R Fee $0 00 Carly Koppes, Clerk and Recorder, Weld County, CO Rid !EAT WitsIMF®Pry'#1v110.1 X1491 Li ®l III olm SCALE 1610{. 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WATER UNE LOJSI BE PRESSUE TESTED PRIOR TO CWSIRUCR01 OF ROADWAY - 501 OFF IS REQUIRED 4463575 Pages 26 of 27 01/31/2019 10 22 AM R Fee $0 00 Carly Koppes, Clerk and Recorder, Weld County, CO ®Ill NUM I III k.*sN'ZN \ «43/4 8102121 m.8 \\ • kok I, IDGElOP GM Om. I IPPACG•Za SERENITY VIEW PUD WELD COUNTY CO H&K INVESTMENTS LLC 38101 CR 29 EATON C000619 FINAL PLAT OGJAVIIIIG 621..1 0031,14 44" 31.. " 01282018 UTILITY PLAN C30 6 a 7 PUDZ1 7-0005 I I 1 t 1 r I 1 1 AALUA1101 list (71106 Tat rnul ►IIALLtwattil Tung Mat TH n tarn u1t7Y aCITA fxt tte t it WOW* AWD It 1111.1tTr18 tiltar f 1T OAT! rtX1AOS.a torn ontaOruk'IT nt1A112 tt1ifT ALl t*' A(1 /1AtutAltl Tc ran uno OMNI Warn 1:411114C7 (ti Me, t l l DAIS It= TO Ccaatt(TLr. rOG ILL' •1711.t.A'AL r1a at T. l DOIutn '\ttMLMT Wi$T 61 ant 1.2-72 N. IM A INTtULI(# ItW L(1 M ALT All till In' (fnPL'JIs .111 N PA Ma 1IT21II dllltTh% tT 111 1. ix tn. Cr'4 Ta l'CrkM A nmit%Nl If floa t\ W. 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SERENITY VIEW PUD WELD COUNTY CO H&K INVESTMENTS, LLC 36107 CR 29 EATON CO 80615 -141 - FINAL PLAT DRAWN III SM Crircrtf O a7 sag MlOJtCl yp I74I4.rDi T fm 01/28/2018 DETAILS aarriiinzarizionzam C-40 6 a 7 4331626 08/30/2017 03 43 PM Total Pages 1 Rec Fee $13 00 Doc Fee $63 03 Carly Koppes - Clerk and Recorder, Weld County, CO 7 WARRANTY DEED THIS DEED, is dated the 28th day of August, 2017, and is made between Robert L Buderus (whether one, or more than one), the "Grantor" of the County of Laruner, and State of Colorado and H & K Investments, LLC, a Colorado limited liability company (whether one, or more than one), the "Grantee," whose legal address is 36107 County Road 29, Eaton, CO 80615 of the County of Weld and State of Colorado State Doc Fee $63 03 Recording Fee $13 00 WITNESS, that the Grantor, for and in consideration of the sum of Six Hundred Thirty Thousand Two Hundred Fifty Dollars and No Cents ($630,250 00), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Weld and State of Colorado described as follows ' Lot B of Recorded Exemption No 0705 -05 -3 -Re -3684, being a portion of the S 1/2 of Section 5, Township 7 North, Range 67 West of the 6th P M , as per map recorded February 18, 2004 at Reception No 3154844, County of Weld State of Colorado ' also known by street address as 0 County Road 84 Drive, Fort Collins, CO 80524 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances, TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and the Grantee's heirs and assigns forever The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, and the Grantee's heirs and assigns that at the time of the ensealmg and delivery of these presents, the Grantor is well seized of the premises above described, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, and in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except and subject to General taxes for the year 2017 and subsequent years, and those specific exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) in accordance with Section S 1 (Title Review) of the Contract to Buy and Sell Real Estate relating to the above described property, distribution utility easements (including cable TV), those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) in accordance with Section 8 2 (Matters not shown by the Public Records) and Section 8 3 (Survey Review) of the Contract to Buy and Sell Real Estate relating to the above described real property, Inclusion of the property within any special tax district, the benefit and burdens of any declaration and party wall agreements, tf any And the Grantor shall and will WARRANT AND FOREVER DEFEND the above described premises, but not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantee, against all and every person or persons lawfully claiming the whole or any part thereof IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above Robert L Buderus State of Colorado County of Lamer The foregoing instrument was acknowledged before me this 28th day of August, 2017 by Robert L Buderus 1 Witriess or n '0 ial seal CARLA A. SENTER PTE OF COLORADO / t;�' STATE OF COLORADO �'�/j{ NOTARY ID 19944020565 MY COMMISSION EXPIREe 1212712018 Notary Public My Commission Expires File No 206803 No 932A Rev 10-05 Warranty Deed (For Photographic Record) Page 1 of 1 Borrower: H & K Investments, LLC 36107 County Road 29 Eaton, CO 80615 Beneficiary: Weld County IRREVOCABLE LETTER OF CREDIT Lender: Bank of Colorado Eaton 55 South Elm Avenue Eaton, CO 80615 (970) 454-1800 NO.: 2910006596 EXPIRATION DATE. This letter of credit shall expire upon the close of business on 07-10-2019 and all drafts and accompanying statements or documents must be presented to Lender on or before that time (the "Expiration Date"). AMOUNT OF CREDIT. Lender hereby establishes at the request and for the account of Borrower, an Irrevocable Letter of Credit in favor of Beneficiary for a sum of Nineteen Thousand Twenty-seven & 70/100 Dollars (S19,027.70) (the "Letter of Credit"). These funds shall be made available to Beneficiary upon Lender's receipt from Beneficiary of sight drafts drawn on Lender at Lender's address indicated above (or other such address that Lender may provide Beneficiary in writing) during regular business hours and accompanied by the signed written statements or documents indicated below. WARNING TO BENEFICIARY: PLEASE EXAMINE THIS LETTER OF CREDIT AT ONCE. IF YOU FEEL UNABLE TO MEET ANY OF ITS REQUIREMENTS, EITHER SINGLY OR TOGETHER, YOU SHOULD CONTACT BORROWER IMMEDIATELY TO SEE IF THE LETTER OF CREDIT CAN BE AMENDED. OTHERWISE, YOU WILL RISK LOSING PAYMENT UNDER THIS LETTER OF CREDIT FOR FAILURE TO COMPLY STRICTLY WITH ITS TERMS AS WRITTEN. DRAFT TERMS AND CONDITIONS. Lender shall honor drafts submitted by Beneficiary under the following terms and conditions: Upon Lender's honor of such drafts, Lender shall be fully discharged of Lender's obligations under this Letter of Credit and shall not be obligated to make any further payments under this Letter of Credit once the full amount of credit available under this Letter of Credit has been drawn. Beneficiary shall have no recourse against Lender for any amount paid under this Letter of Credit once Lender has honored any draft or other document which complies strictly with this Letter of Credit, and which on its face appears otherwise in order but which is signed, issued, or presented by a party or under the name of a party purporting to act for Beneficiary, purporting to claim through Beneficiary, or posing as Beneficiary without Beneficiary's authorization. By paying an amount demanded in accordance with this Letter of Credit, Lender makes no representation as to the correctness of the amount demanded and Lender shall not be liable to Beneficiary, or any other person, for any amount paid or disbursed for any reason whatsoever, including, without limitation, any nonapplication or misapplication by Beneficiary of the proceeds of such payment. By presenting upon Lender or a confirming bank, Beneficiary certifies that Beneficiary has not and will not present upon the other, unless and until Beneficiary meets with dishonor. Beneficiary promises to return to Lender any funds received by Beneficiary in excess of the Letter of Credit's maximum drawing amount. USE RESTRICTIONS. All drafts must be marked "DRAWN UNDER Bank of Colorado IRREVOCABLE LETTER OF CREDIT NO. 2910006596 DATED 01-03-2019," and the amount of each draft shall be marked on the draft. Only Beneficiary may complete a draft and accompanying statements or documents required by this Letter of Credit and make a draw under this Letter of Credit. This original Letter of Credit must accompany any draft drawn hereunder. Partial draws are permitted under this Letter of Credit. Lender's honor of a partial draw shall correspondingly reduce the amount of credit available under this Letter of Credit. Following a partial draw, Lender shall return this original Letter of Credit to Beneficiary with the partial draw noted hereon; in the alternative, and in its sole discretion, Lender may issue a substitute Letter of Credit to Beneficiary in the amount shown above, less any partial draw(s). PERMITTED TRANSFEREES. The right to draw under this Letter of Credit shall be nontransferable, except for: A. A transfer (in its entirety, but not in part) by direct operation of law to the administrator, executor, bankruptcy trustee, receiver, liquidator, successor, or other representative at law of the original Beneficiary; and B. The first immediate transfer (in its entirety, but not ir part) by such legal representative to a third party after express approval of a governmental body (judicial, administrative, or executive). TRANSFEREES REQUIRED DOCUMENTS. When the presenter is a permitted transferee (i) by operation of law or iii) a third party receiving transfer from a legal representative, as described above, the documents required for a draw shall include a certified copy of the one or more documents which show the presenter's authority to claim through or to act with authority for the original Beneficiary COMPLIANCE BURDEN. Lender is not responsible for any impossibility or other difficulty in achieving strict compliance with the requirements of this Letter of Credit precisely as written. Beneficiary understands and acknow edges: (i) that unless and until the present wording of this Letter of Credit is amended with Lender's prior written consent, the burden of complying strictly with such wording remains solely upon Beneficiary, and (ii) that Lender is relying upon the lack of such amendment as constituting Beneficiary's initial and continued approval of such wording. NON-SEVERABILITY. If any aspect of this Letter of Credit is ever declared unenforceable for any reason by any court or governmental body having jurisdiction, Lender's entire engagement under this Letter of Credit shall be deemed null and void ab initio, and both Lender and Beneficiary shall be restored to the position each would have occupied with all rights available as though this Letter of Credit had never occurred. This non-severability provision shall override all other provisions in this Letter of Credit, no matter where such provision appears within this Letter of Credit. GOVERNING LAW. This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Colorado without regard to its conflicts of law provisions, and except to the extent such laws are inconsistent with the 2007 Revision of the Uniform Customs and Practice for Documentary Credits of the International Chamber of Commerce, ICC Publication No. 600. This Agreement has been accepted by Lender in the State of Colorado. EXPIRATION. Lender hereby agrees with Beneficiary that drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored if presented to Lender on or before the Expiration Date unless otherwise provided for above. SECURITY INTEREST. This Letter of Credit is secured by Promissory Note No. 2910006596 dated May 22, 2018 in the amount of S72,162.70. AUTOMATIC RENEWAL. The term of this Letter of Credit shall be renewed automatically for succeeding twelve month terms unless either Bank or Borrower shall deliver written notice of intent to terminate this Letter of Credit within thirty days of the Expiration Date. Dated: January 3, 2019 LENDER: BANK OF COLORADO B Timothy W Croissa t, arket President Date Negotiated By ENDORSEMENT OF DRAFTS DRAWN: Amount In Words Amount In Figures Copy New Contract Request Entity Information ' Entity Name'* H AND K INVESTMENTS LLC Entity ID* @00040386 Contract Name* PUDF18-0001 H & K INVESTMENTS LLC WARRANTY COLLATERAL - IMPROVEMENTS AGREEMENT Contract Status CTB REVIEW ❑ New Entity? Contract ID 4117 Contract Lead* DRANDERSON Contract Lead Email dranderson@co weld co us Parent Contract ID Requires Board Approval YES Department Project # Contract Description k PUDF18-0001 H & K INVESTMENTS LLC WARRANTY COLLATERAL $3,576 66 ACCEPT WARRANTY COLLATERAL $3,576 66 - LETTER OF CREDIT #2910007015 GUARANTEED BY THE BANK OF COLORADO RELEASE PROJECT COLLATERAL $19,027 70 (PL1919, #2019-0440) LOC #2910006596 Contract Description 2 Contract Type* AGREEMENT Amount* $3,576 66 Renewable* NO Automatic Renewal r Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov corn Department Dead Email CM-PublicWorks- DeptHeadc weldgov corn County Attorney BOB CHOATE County Attorney Email BCHOATE@CO WELD CO US If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date* 10/12/2020 Due Date 10/08/2020 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 Contract Dates Effective Date 09/30/2020 Review Date* 10/05/2021 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date* 10/12/2021 Contact Information Contact kilo, Contact Name Contact Type _ ,Purchasing Purchasing Approver Approval Process Department Head JAY MCDONALD Contact Email Finance Approver BARB CONNOLLY Contact Phone 7 Purchasing Approved Date DH Approved Date Finance Approved Date 10/06/2020 -Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10/21/2029 Originator SSWANSON 10/07/2020 Legal Counsel BOB CHOATE Tyler Ref # AG 102120 Contact Phone 2 Legal Counsel Approved Date 10/08/2020 4xiw M3",r ". .• 11 ▪ iK,. +°'rr r1s`t' ki°rte" Hello