HomeMy WebLinkAbout20171578.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Improvements Agreement and Accept Collateral For:
Gander Valley Farms PUD — PUDZ16-0001
DEPARTMENT: Public Works DATE: 5/5/2017
PERSON REQUESTING: Evan Pinkham
Brief description of the issue:
The Department of Public Works received a request from the applicant, Gander Valley Farms PUD, requesting
that the Board of County Commissioners consider approving the Improvements Agreement for the residential
subdivision, (PUDZ16-0001), located on CR 72 west of CR 19.
RECEIVED
MAY 0 9 201?
WELD COUNTY
COMMISSIONERS
Weld County Public Works, Planning Services and the County Attorney's Office have reviewed the above -mentioned
signed original document and observed the following:
All Public Works related items, of the "Improvements & Road Maintenance Agreement According To Policy Regarding
Collateral For Improvements", are found to be acceptable. The Agreement has been signed by Jay
McDonald/Public Works Director.
The Department of Public Works received a request from the applicant, Gander Valley Farms PUD, requesting that the
Board of County Commissioners consider accepting off -site collateral in the form of an Irrevocable Letter of Credit
(Advantage Bank 90928) in the amount of $260,960.30, for the above -mentioned Improvements Agreement.
What options exist for the Board?
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option 1. The Departments of Public Works, Planning Services and the County Attorney's Office are recommending
approval of the Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For
Improvements and the acceptance of off -site collateral for (PUDZ16-0001), and that this item be placed on the next regularly
scheduled BOCC Hearing, as part of the Consent Agenda.
Sean P. Conway
Julie A. Cozad, Chair
Mike Freeman
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
Approve Schedule as Regular
Recommendation
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BOCC Hearing Item Other/Comments:
O: IBOCC PassAround\PUDZ16-0001 Passaround-BOCC Hearing Request 2017.docx
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2017-1578
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IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
GANDER VALLEY FARMS PUD - PUDZ16-0001
THIS AGREEMENT is made this 24 day of S'r6 a 2011_, by and between
Gander Valley Farms LTD, hereinafter referred to as "Property Owner," and the County of Weld,
by and through its Board of County Commissioners, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Property Owner is the owner of the property described in the application to
PUDZ16-0001, referred to as "the Property," which is currently being considered by the County,
and
WHEREAS, as a condition of approval of PUDZ 16-0001, the Property Owner agrees to
complete the improvements required by this Agreement; pursuant to Exhibit A (Costs) and Exhibit
B (Schedule) which are included, and depicted in the Plat Map and, if applicable, the set of
accepted Construction Plans, copies of which shall be attached to this Agreement as they become
available and made a part hereof, as Exhibits C (Plat Map), found at reception number
4304787 and D (Construction Plans), found at reception number N/A
respectively, and
WHEREAS, the parties agree that the Property Owner shall provide collateral for all
improvements required by this Agreement before the Property Owner submits and receives
approval of an application for a Grading Permit, Building Permit or for a Right -Of -Way Permit
for construction of accesses and work within the County and/or State of Colorado Right -Of -Way,
or at a time determined acceptable by the Board of County Commissioners.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein, the parties hereto promise, covenant and agree as follows:
Part 1 (of 2): Site Specific Provisions
A. Required Off -Site Improvements:
1.0 Weld County Roads: The Property Owner shall be responsible for the construction of the
following off -site safety improvements, as described in the accepted Construction Plans (Exhibit
D)•
1.1 Construction of adequate turning radii of not less than sixty (60) feet at the main
entrances and exits which extend partially into CR 72 right-of-way (ROW);
1.2 Drainage installations;
1.3 Signage Installations;
1.4 Standard County approved tracking control, placed across the entire width of the
roadway, to eliminate the tracking of mud and debris onto the adjacent Public Road;
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Carly Koppes, Clerk and Recorder, Weld County, CO
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Granting of any new point of access may generate additional obligations with County for
Off -Site Improvements and the need to post additional "Road Maintenance Collateral", if
applicable. A County access permit is needed for every access to a County road.
2.0 Road Improvements Responsibilities: Property Owner is solely responsible for all
designated improvements and for all expenses associated therewith.
3.0 Timing of Improvements: Subject to the provisions of Weld County Code and any
conditions or considerations granted by the Board of County Commissioners, Property Owner shall
not be required to complete the aforementioned improvements until the occurrence of the
triggering event for each improvement, namely the application for the Grading Permit, Building
Permit or Right -Of -Way access permit or the commencement of activities on the property(s).
B . Haul/Travel Routes
1.0 Established Haul Routes from the facility access point:
1.1
Exiting or entering the site: haul vehicles shall enter or exit the site at the approved
accesses onto CR 72 for further dispersal. My County roads routinely utilized by
subdivision traffic may become part of the established haul routes.
1.2 No haul vehicles may exceed CDOT required specifications for pounds per
axle.
1.3 In unusual or rare occasions, if particular projects mandate deviation from the above -
mentioned haul route, the County may approve a deviation for a limited period of time
(not more than thirty days). If County approves such deviation, haul vehicles will utilize
paved county roads whenever possible. A deviation from the established Haul route
lasting more than thirty (30) days or requests for two or more deviations within a twelve
month period shall be subject to the terms of Section B.4.0. In the event that haul route
traffic, in excess of 15% of the daily facility haul vehicle trips, utilizes alternate haul
routes, the provisions of Section 4.0 of this Section B shall be triggered.
2.0 No Deviation from Approved Haul Routes: Except under the provisions provided in
Section B.1.3, no deviation in the use of any roads other than those specifically authorized for use
in this Agreement is permitted without the prior written amendment of this Agreement.
3.0 Haul Route Signage (Not Applicable): Property Owner shall install haul route signs, as per
MUTCD standards, at all exit points of the Property which can be clearly seen by drivers leaving
the facility and which clearly depict County approved haul routes.
4.0 Effect of Future Changes to Haul Routes: Any future changes to haul routes requiring use
of unpaved County road may require dust control or paving of such roads, as defined by an
amended agreement. In such circumstance, County will determine the proportionate share of dust
control and/or paving costs to be paid by Property Owner based upon then current vehicle trip
counts that identify traffic loading due to Property Owner's facility. The amount and extent of dust
control and/or paving measures will be determined by site -specific conditions at the time, as
determined exclusively by County personnel.
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Carly Koppes. Clerk and Recorder. Weld County, CO
5.0 Off -Site Dust Control/Abatement: The Property Owner may be required to provide dust
abatement along affected Haul Route Roads approximately two to five times per year, as
determined by the County. County will determine the proportionate share of dust control to be paid
by Property Owner. The amount and extent of dust control measures will be determined by site -
specific conditions at the time, as determined exclusively by County personnel. The County
reserves the right to install traffic counters on the driveway(s) of the Property Owner's facility.
The County will have sole responsibility for determination of the percentage of haul route traffic
on all affected roads.
6.0 Obligation to Maintain Current and Future Haul Routes: Property Owner will be financially
responsible for the excavation, repair, and patching of any damage on current or future haul route
roads, which in the sole opinion of County has been created by vehicle traffic to and from the
Property. Should Property Owner's site activities or vehicle circulation patterns change in the
future so that County approves an alternate haul route, and all or a significant portion of Property
Owner's sourced traffic no longer utilizes the above -described haul route and instead utilizes other
portions of County roads, Property Owner shall cooperate with County in maintenance of said
roads which are included within the new haul route. The type and method of repair will be
determined by the County Engineer or his representative. Repairs shall commence within 48 hours
of notification by the County for any roadway damage that exposes the driving public to adverse
or unsafe driving conditions. All other repairs shall commence within thirty (30) days of receipt
of Weld County's written notice.
6.1 Need for Immediate Repairs: In the event of damage to an Approved Haul Route by
Project traffic that causes an immediate threat to public health and safety or renders the
road impassible ("Significant Damage"), County shall, after inspection, notify Property
Owner of such Significant Damage. Property Owner shall identify the repair required
and shall consult with County on the extent, type, timing, materials and quality of repair
(i.e. temporary versus permanent) within twenty-four (24) hours after receipt of such
notice and shall commence such repair within forty-eight (48) hours after receipt of
such notice. If such repair is not commenced within such forty-eight (48) hour period,
County shall have the right to draw on the Road Maintenance Collateral and use such
funds to perform such repair. If Property Owner identifies Significant Damage prior
to receiving notice thereof from County, Property Owner may commence repair of such
Significant Damage and shall concurrently notify County of the extent, type, timing,
materials and quality of repair (i.e. temporary versus permanent).
6.2 Repair of Road: On or before December 31 of the calendar year in which County staff
has determined through site analysis and/or pavement testing that a particular haul route
road portion will require paving measures in order to protect the public health, safety,
and welfare, and has budgeted sufficient funds for the following calendar year to pay
its share of the Off -Site Improvement/Repair Costs, County shall notify Property
Owner in writing that the Off -Site Improvements/Repairs shall be undertaken. Within
ninety (90) days of its receipt of County's notice of the need to undertake the road
maintenance repairs and/or improvements, Property Owner shall submit Off -Site
Construction Plans and Cost Estimates to County for review. Property Owner shall
have sole responsibility for the completion of the repairs and/or improvements on or
before December 15 of the year following County's notice of the need for repairs.
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Carly Koppes Clerk and Recorder; Weld County CO
III
6.3 In County's sole discretion, County may undertake the repairs and/or improvements.
Property Owner's payment for its Proportionate Share of the road
repairs/improvements will be calculated as described in this Agreement.
7.0 Annual Road Inspection: County will conduct a road inspection annually with the
cooperation of Property Owner and all other Property Owner and/or Lessees who are required by
County to participate in road improvement/maintenance agreements. As a result of the annual
inspection, County, in its sole discretion, shall determine actual conditions and shall further
determine what road repair/improvement/maintenance work is to be performed during that
construction season. Notification to the Property Owner of the required roadway repairs will be
given as soon as the data becomes available.
8.0 Future Improvements to Haul Routes: If traffic volume or conditions require future
improvements to be made to the haul route(s), including intersections, the County may require
Property Owner to pay a proportionate share of the cost of the entire project. Future improvements
will be subject to any Federal, State or County regulations in place at the time the improvement
project is initiated.
Other roadways Improvements may be triggered due to heavy truck traffic associated with
the facility including additional turn lanes onto CR 72; the following is a list of the triggers
for turn lanes:
a. 25 vph turning right into the facility during a peak hour.
b. 50 vph turning right out of the facility during a peak hour.
c. 10 vph turning left into the facility during a peak hour.
9.0 Future Road Replacement: At any time in the future, if, in the opinion of County, road
damage increases beyond the point that repair of damage cannot maintain the road in a safe and
usable condition, Property Owner shall pay a proportionate cost of a complete road restoration.
Notification to the Property Owner of the required roadway replacements will be given as soon as
the data becomes available and typically takes place before the end of the year prior to the start of
the replacement project.
10.0 Proportionate Share of Road Maintenance Responsibilities:
10.1 Property Owner shall pay its Proportionate Share of costs of dust control/abatement,
paving, repairs, maintenance, improvements, or future road replacement of any
particular Haul Route Road. Property Owner's Proportionate Share shall be based upon
the percentage of traffic on the road that is attributable to Property Owner's facility.
County personnel will determine the percentage based on then current Equivalent
Single Axle Load (ESAL) Counts. Property Owner shall not be responsible for traffic
that is not sourced from the Property Owner's facility.
10.2 The County shall notify Property Owner of County's preliminary determination and
assessment of Property Owner's proportionate share of costs. Prior to County's final
determination and assessment, County shall provide Property Owner with a reasonable
opportunity to review, comment upon and supplement County's data, collection
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Carly Koppes Clerk and Recorder. Weld County, CO
methodology, and determinations. The County shall review and consider Property
Owner's input prior to making a final determination and assessment. The County shall
have sole responsibility for determination of Property Owner's proportionate share of
costs.
11. Road Maintenance Collateral: Property Owner shall post Road Maintenance Collateral as
described by Part 2 of this Agreement.
C. On -Site Improvements
1.0 Landscaping and Fencing Requirements: Property Owner shall at its own expense, plant,
install and/or maintain all grass and other landscaping and re -seeding where applicable as shown
on the accepted Construction Plans and/or Plat Map. Additionally, the Property Owner shall install
and/or maintain fencing to screen the property where applicable as indicated on the accepted
construction plans and/or Plat Map. In the event any of these improvements may include work
extending into State or County Right -Of -Way, a Right -Of -Way or access permit is required.
2.0 On -Site Grading, Drainage Facilities and Paving: Property Owner shall, at its sole expense,
grade and/or pave, if applicable, specified roadways, accesses, easements and parking areas, and
install accepted drainage and signage components, adjacent to or within the interior portion of the
property in accordance with the directives of the Weld County Department of Public Works and
Department of Planning Services, as further described in the accepted Construction Plans and Plat
Map. Any other on -site improvements shall be completed as indicated on the accepted
Construction Plans for this facility. Property Owner shall be responsible for all maintenance of the
on -site improvements. Additional infrastructure improvements will be addressed at the time of
application for any future amended subdivision. Some of these improvements may include work
extending into State or County Right -Of -Way in which case a Right -Of -Way or access permit is
required.
3.0 Timing of Improvements: Subject to the provisions of Weld County Code and any
conditions or considerations granted by the Board of County Commissioners, Property Owner shall
not be required to initiate the landscaping requirements until the approval of the grading permit or
an amendment to the existing subdivision. Except with prior County consent, no grading permit
will be released until collateral is posted for all on -site and off -site improvements and the final
Construction Plans have been submitted to and accepted by the Department of Public Works.
Access and/or Right -Of -Way permits might also be required prior to approval of the grading
permit. Grading shall not commence until Construction Plans are accepted. Any alterations to the
accepted Construction Plans must be accepted in writing by the County Planning and Public Works
Departments. At that time, and unless otherwise amended, Property Owner agrees that all
landscaping and other on -site improvements shall be completed within the parameters established
in this Agreement.
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Carly Koppes, Clerk and Recorder, Weld County, CO
Adk14 1:MMrS htii
Page 5 of 13
4.0 Acceptance of On -Site Improvements: Upon completion of the on -site improvements,
Property Owner shall contact the Weld County Department of Planning Services and the Weld
County Department of Public Works and request an inspection of the on -site improvements. On -
Site improvements will be accepted in accordance with Part 2 of this Agreement. The BOCC does
not represent or ensure the on -site improvements will be constructed and/or available for their
intended use(s). The County does not and shall not assume liability for improvements designed
and/or constructed by others.
"End of Part 1"
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Carly Koppes, Clerk and Recorder, Weld County, CO
11111 LIMA "Ill
U:\Engineering\PLANNING — DEVELOPMENT REVIEW\ -2016 Planning Referrals\PUDZI6\PUDZ16-0001 Gander Valley\Improvements
Agreement\Gander Valley (PUDZ16-0001)- Part 1 Draft IA (8-8-16).docx
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IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
GANDER VALLEY FARMS PUD — PUDZ16-0001
Part 2 tof 2): General Provisions
A. General Requirements:
1.0 Engineering Services: Property Owner shall furnish, at its own expense, all engineering
services in connection with the design and construction of the improvements identified on the
accepted Construction Plans according to the construction schedule set forth in Exhibit "B," both
of which are attached hereto and incorporated herein by reference.
The required engineering services shall be performed by a Professional Engineer and
Land Surveyor registered in the State of Colorado, and shall conform to the standards
and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs, plans and profiles, estimates, construction supervision, and the submission of
necessary documents to the County.
1.3 Property Owner shall furnishconstruction drawings for the road improvements on
public rights -of -way or easements and all improvements interior on the Property for
approval prior to the letting of any construction contract.
1.4 Construction Standards: All improvements shall conform to the "Standard
Specifications for Road and Bridge Construction" provided by CDOT.
2.0 Rights -of -way and Dedication of Right -of -Way: If necessary, Property Owner agrees to
acquire any property interests, such as right-of-way, utility or access easements, necessary to
complete any improvements required by this Agreement. Any rights -of -way to be dedicated to the
County shall be conveyed by appropriate deed and, after acceptance by the County, recorded in
the records of the Weld Count Clerk and Recorder.
3.0 Construction: Property Owner shall furnish and install, at its own expense, the
improvements identified on the accepted Construction Plans and Plat Map, be solely responsible
for all associated costs. All improvements must be completed in accordance with the schedule set
forth in Exhibit "B". The Board of County Commissioners, at its option, may grant an extension
of time upon application by the Property Owner.
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3.1 Said construction shall be in strict conformance to the plans and drawings accepted by 44. t
the County and the specifications adopted by the County. ° o
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3.2 Property Owner shall employ, at its own expense, a qualified testing company • as •
previously approved by the County to perform all testing of materials or construction; ere,
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and shall furnish copies of test results to the County. If County discovers z:,�
inconsistencies in the testing results, Property Owner shall employ at its expense a third
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party qualified testing company approved by County. Such third party shall furbish the
certified results of all such testing to the County.
3.3 At all times during said construction, the County shall have the right to test and inspect,
or to require testing and inspection of material and work, at Property Owner's expense.
Any material or work not conforming to the approved plans and specifications,
including but not limited to damages to property adjacent to the construction plan area
shall be repaired, removed or replaced to the satisfaction of the County at the expense
of Property Owner.
3.4 Permits. Property Owner must still apply for and abide by the terms of any necessary
right-of-way permits, grading permits, and building permits. No work may occur in the
County's right-of-way without a County -issued right-of-way permit and access permit.
4.0 Release of Liability: Property Owner shall indemnify and hold harmless the County from
any and all liability loss and damage County may suffer as a result of all suits, actions or claims
of every nature and description caused by, arising from, or on account of said design and
construction of improvements, and pay any and all judgments rendered against the County on
account of any such suit, action or claim, together with all reasonable expenses and attorney fees
incurred by County in defending such suit, action or claim whether the liability, loss or damage is
caused by, or arises out of the negligence of the County or its officers, agents, employees, or
otherwise except far the liability, loss, or damage arising from the intentional torts or the gross
negligence of the County or its employees while acting within the scope of their employment. All
contractors and other employees engaged in construction of the improvements shall maintain
adequate worker's compensation insurance and public liability insurance coverage, and shall
operate in strict accordance with the laws and regulations of the State of Colorado governing
occupational safety and health.
5.0 Acceptance of Improvements by the County: Upon written request by the Property Owner,
the County shall accept the Property Owner's improvements, if the following conditions are met:
• The improvements have been completely constructed, and
• The Property Owner's Engineer has filed a Statement of Substantial Compliance, and
• The County Engineer has inspected the improvements and agrees they are complete.
5.1 The County does not represent that the improvements will be constructed and/or
available for their intended use(s). The County does not assume liability for
improvements designed and/or constructed by others.
5.2 If approved by the County Engineer, portions of the improvements may be placed in
service, but such use shall not constitute an acceptance by the BOCC.
5.3 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 Exhibit "B," and may continue to issue building permits so long as
the progress of work on the subdivision improvements in that phase of the subdivision
is satisfactory to the County, and all terms of this Agreement have been faithfully kept
by Property Owner.
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6.0 Warranty Period: Property Owner agrees to warrant the improvements for two years from
the date the improvements are accepted by the County. Upon completion of the two-year warranty
period and at the request of the Property Owner, the County Engineer shall inspect the
improvements and direct the Property Owner to correct any deficiencies. The County Engineer
shall re -inspect after all corrections have been completed. If the County Engineer finds that the
improvements are constructed according to County standards and the accepted Construction Plans,
he/she shall recommend full acceptance. Upon receipt of the County Engineer's unqualified
recommendation for acceptance, the BOCC shall accept the improvemnents.
7.0 General Requirements for Collateral: County requires Property Owner to provide collateral
to guaranty all of Property Owner's obligations under this Agreement: (I) Project Collateral for
completion of improvements described in this Agreement; (2) Warranty Collateral required for all
improvements during the warranty phase; and (3) Road Maintenance Collateral (If Applicable) to
be kept in place for the life of the permit.
7.1 Project Collateral — Property Owner shall submit Project Collateral ina form accepted
by Weld County to guarantee completion of any improvements. Such collateral must
be equivalent to One -Hundred Percent (100%) of the value of the improvements as
shown in this Agreement. This collateral must be submitted to County upon the
execution of this Agreement, or at a time determined acceptable by the BOCC, and
shall be held in total by County until such improvements are accepted and collateral is
released by the BOCC.
7.2 Warranty Collateral for all improvements shall be submitted to County and shall be
held in total by the County for two (2) years following its written acceptance of the
improvement(s).
7.3 If required by Part 1 of this Agreement, Road Maintenance Collateral shall be
submitted to County at the time of approval of this Agreement. Road Maintenance
Collateral is held for use on roads associated with the designated haul route. The
submitted amount shall be $3,600.00 for facilities adjacent to paved haul route roads
or $2,400.00 for facilities adjacent to gravel haul route roads.
7.4 Collateral may be in any form permitted by Weld County Code Chapter 2, Section 3.
7.5 The Board of County Commissioners reserves the right to reject collateral as permitted
by Weld County Code Chapter 2 Section 3.
7.6 Collateral shall be released in accordance with the provisions of Weld County Code
Chapter 2 Section 3.
B. Violations of Agreement 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 so notify Property Owner and shall state with
specificity the facts and circumstances which County believes constitute the violation. Property
Owner shall have thirty (30) days within which to either cure the violation or demonstrate
compliance. Thereafter, County may seek any remedy described in this Agreement or otherwise
provided by law.
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2.0 Termination, of Agreernenit: Termination Event: This Agreement shall terminate upon the
earliest of the following events:
2.1 Cessation of all Permit Related Activities: Termination of this Agreement shall occur
upon Property Owner's complete cessation of all activities permitted by the PUDZ. A
partial cessation of activities shall not constitute a Termination of this Agreement, nor
shall County's issuance of a partial release constitute a Termination. Unless informed
in writing by the Property Owner of cessation of activities, and verified by the County,
cessation shall be presumed if the County determines that the PUDZ has been inactive
for three (3) years. Property Owner shall not be entitled to a release of Project or
Warranty Collateral unless and until the improvements required by this Agreement are
completed.
2.2 Execution of Replacement Agreement: This Agreement shall terminate following
County's execution of a new Improvements Agreement with a new Property Owner or
Operator who has purchased the Property or has assumed the operation of the business
permitted by the PUDZ, and intends to make use of the rights and privileges available
to it through the then existing PUDZ.
2.3 Revocation of PUDZ: This Agreement shall terminate following County's revocation
of Property Owner's PUDZ, except that the Property Owner shall only be released from
this Agreement after the successful completion of all improvements required under this
Agreement, which may be completed by County after accessing Property Owner's
collateral if Property Owner fails to complete such improvements.
3.0 Revocation of PUDZ: Property Owner acknowledges that failure to comply with the terms
of this Agreement constitutes cause to revoke the PUDZ, and County may exercise this option in
its sole discretion by proceeding with revocation under the then current provisions of the Weld
County Code.
4.0 County Completion of Improvements / Accessing Collateral: County reserves the right to
access any collateral provided by Property Owner in order to complete the improvements required
under this Agreement, if Property Owner fails to do so for any reason, after receiving notice of a
violation of the terms of this Agreement as provided herein.
5.0 Court action: Upon notice of violation and failure to cure within the time permitted by this
Agreement, County may seek relief in law or equity by filing an action in the Weld District Court,
except that no such civil action or order shall be necessary to access collateral for the purpose of
completing improvements as described above.
C. Miscellaneous Provisions.
1.0 Definitions:
1.1 All references in this Agreement to "County Engineer" shall refer to the any individual
or individuals appointed by the County Engineer to act on his/her behalf
1.2 All references to "Haul Routes" include identified travel routes for subdivisions;
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references to "haul vehicles" include subdivision vehicular traffic, as applicable.
1.3 All references to "Property Owner" shall include any individual or entity, including an
"Operator", who is acts on behalf of the Property Owner regarding this Agreement.
2.0 Successors and Assigns: This Agreement may not be delegated, transferred or assigned in
whole or in part by Property Owner without the express written consent of County and the written
agreement .of the party to whom the obligations under this Agreement are assigned. Property
Owner's release of its obligations shall be accomplished by County's execution of a new
Improvements Agreement with the successor owner of the property. Consent to a delegation or an
assignment will not be unreasonably withheld by County. 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 the roads affected by this Agreement. All of the terms and conditions set forth
in this Agreement shall be binding upon the heirs, executors, personal representatives, successors
and assigns of Property Owner, and upon recording by the County, shall be deemed a covenant
running with the land herein described.
3.0 Governmental Immunity: No term or condition of this agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections
or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
4.0 No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any other person or entity
not included in this Agreement. It is the express intention of the undersigned parties that any person
or entity, other than the undersigned parties, receiving services or benefits under this Agreement
shall be an incidental beneficiary only.
5.0 Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto
and incorporated herein, contains the entire agreement between the parties with respect to the
subject matter contained in this Agreement. This instrument supersedes all prior negotiations,
representations, and understandings or agreements with respect to the subject matter contained in
this Agreement. This Agreement may be changed or supplemented only by a written instrument
signed by both parties.
6.0 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.
7.0 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, Property
Owner agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said
dispute.
Page 11 of 13
NoS
r e
O -
ON oGI.
'too
8.0 Severability: If any term or condition of this Agreement shall be held to be invalid, illegal,
or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and
enforced without such provision, to the extent that this Agreement is then capable of execution
within the original intent of the patties.
9.0 Attorney Fees/Legal Costs: In the event of a dispute betweenCounty and Contract
Professional, concerning this Agreement, the parties agree that each party shall be responsible for
the payment of attorney fees and/or legal costs incurred by or on its own behalf.
10.0 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.
11.0 Authority to Sign: Each person signing this Agreement, and associated Exhibits, represents
and warrants that he or she is duly authorized and has legal ,capacity to execute and deliver this
Agreement. Each party represents and warrants to the other that the execution and delivery of the
Agreement and the performance of such party's obligations hereunder have been duly authorized
and that the Agreement is a valid and legal agreement binding on such party and enforceable in
accordance with its terms. If requested by the County, Property Owner shall provide the County
with proof of Property Owner's authority to enter into this Agreement within five (5) days of
receiving such request.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
PROPERTY OWNERS:
SIGNATURE &Asti Pere Vr2ti FP Z.L5, LTP.
PRINTED NAME Lb- Pc=S S. (4' LLµ o cts E
•
4w -A Iiszua
TITLE (If Applicable) r'(1 6-si oG-)J i
STATE OF COLORADO
SS.
County of Weld
r --
o
al
The foregoing instrument was acknowledged before me thisR-7 day of Sept-, 2016>, ()Q
by Juois £ 1 -till hou st (&irdpr a inns , LTD.) -A
WITNESS my hand and official seal.
Ler.40(-022-)1144a-
Notary Public
CHRISTINA MARIE HARRIS
NOTARY PUBLIC
STATE OF COLORADO
Notary ID 20154036583
My Commission Expires 09/17/2019
Page 12 of 13
NO W N m0 in
Nli o -
r4 mCr aa
Cr
ATTEST:
Weld Co
BY:
VachAA.
ty Clerk to the Board
Deputy Cle to the Board
APPROVED AS TO FORM:
•
County Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
cie Cozad, Chair
TANCE:
APPROVED AS T
1 or Department Head
U:\Engineering\PLANNING — DEVELOPMENT REVIEW\ -2016 Planning Referrals\PUDZI6\PUDZ16-0001 Gander Valley\Improvements
Agreement\Gander Valley (PUDZ 16-0001)- Part 2 Draft IA (8-8-16).docx
4307158 Pages: 13 of 22
06/02/2017 12:41 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
P! k4'1 NAP II II
Page 13 of 13
ao��-15-7e
EXHIBIT A - Cost Sheet (OFF -SITE)
Name of Facility: Gi jN o egg- thz-Le-r FPM ?Li O Filing/Case #: e u 17 up -600 1 Location: C IZ l s 4 ca . -12.
i'L
Personnel Contact: Name 5 CctTr Pre e P rv2 s
Title: t7e Ve W peR
Phone:'(1O •394, -Oct 8l'
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements.
(Leave spaces
Ln p rovemen is
blank where they do not apply)
(OFF -SITE)
Quantity
Units
Unit Costs
($)
Estimated Construction
Cost (S)
1
PUBLIC WORKS"
1
4
1
Survey, Street MonumentsBoxes
Street Grading
Street
Base
Street
Paving
Pavement Marking
Curbs, Gutters, and Culverts
Sidewalk
l
Entrance/Access
Improvements
Road Culvert
Dust Control
(per Sec.
E.-7.5.2)
Road Maint. Collateral (per Sec. E.-7.5) 1
1
1
,'
3 / oa
,
A
"PLANNING SERVICES"
,
Fire
Hydrants
Site Grading
Retention /
Detention
Ponds
Stormwater/brainage Facilities
r
Erosion Control
MeasuresBMP's
Grass
Lined
Swale
,
Subsurface Drainage
Ditch
Improvements
Parking
Mailboxes
Area, Curb Stops, Bus Kiosks,
4307158 Pages: 14 of 22
06/02/2017 12:41PM R Fee:$0.00 $0.00
Street Lighting
Carly
VIII
Koppes,
PliFig
Clerk
and Recorder,
II din*, Mil
4A
Weld County,
G I'i
1
CO
Cali
h 1I
II
1
Street Names
-
Signage
Fencing Requirements
Landscaping, Seeding,
Trees,
etc.
Park
Improvements
Handicap
Accessibility, Parking & Rails
"Health Department"
Septic Systems
;
l$UB-TOTAL.
(Testing, inspection, as -built plans and work in addition to preliminary and
Engineering and Supervision Costs ($) final plat; supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS, ENGINEERING AND SUPERVISION ($)
3, loon
EXHIBIT A - 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
Applicant
Title
By:
Applicant
Title
4307138 Pages: 15 of 22
06/02/2017 12:41 PM R Fee:$0.00
Carly Koppes Clerk and Recorder, Weld County: CO
,III rsI lII{ h!c1 I I'hN
' f, 1 I �I I` ������ I�'�1 ■�I 1► ,I II I
Date `r�z 7/
, 20 /6
Date , 20
EXHIBIT A - Cost Sheet (ON -SITE
Name of Facility: Garth -v. 11(2.1/y /i/et4—Filing/Case#: PC-4-4-1� A—C(S Location: „.),\K-,,Scs-r- CCS
kSC n -f CSC T
Personnel Contact: Name
to
Title: DL)4;:ziQl1
Phone: 970 -3?(e- a9Rl
Intending to be legally bound, the undersigned Applicant hereby agrees to Provide throughout this facility the following improvements.
•
•Improvements
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(Leave spaces where not apply)
Ouantitv
Units
Unit Costs ($1
Estimated Construction
Cost (5)
,,PUBLIC WORKSI
Survey, Street Monuments/Boxes
Street Grading Z&4.cl ;. f�aui"J
Street Base r--
—1/)e.icet.efctl t n pa. (.Jan
f
Street Paving
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/4/3,343 =EC
Pavement Marking
Entrance/Access Improvements
/
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Road Culvert
39v‘ f
23 ,Sa
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Dust Control Sec. E.-7.5.2)-7-
(per
_.kPa or1'
Road Maint. Collateral
(per Sec. E.-7.5)
,,PLANNING
SERVICES,,
Sidewalks
Curbs, Gutters, and Culverts
Fire Hydrants
y
950 os
%7?2.6• - so
Site Grading
x'777 O y
Z lss'
17, fsV. dS
Retention / Detention Ponds
f
es
/6/2 esio . --
Stormwater/Drainage Facilities
/
elge,c, '
V4/4°a
Erosion Control Measures/BMP's
:WS -L F
73 ' r°
Grass Lined Swale
(p�'csb •�
a
LvaO,'--
Subsurface
Drainage
Ditch Improvements
Parking
Mailboxes
Area, Curb Stops, Bus Kiosks,
_
Street Lighting
�__.
,_, _
_
Street Names
r
250 , •.-
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Signage
/
7,00es. -••'
Zbbv .
Fencing Requirements
Landscaping, Seeding, Trees, etc.
/
3coc-)-a
"o� .a
Park Improvements
Handicap Accessibility, Parking & Rails
4307158 Pages: 16 of 22
06/02/2017
Carly
�IKopplees,uCClerku
12:41
PM
and
R Fee:$0.00
Weld County,
CO
Health Department,
111
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KURL
�ReucoordLer,,'
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Septic Systems
I
SI I B -TOTAL;,
2457460 r
. •
Engineering and Supervision Costs ($) 1no/ud
(Testing, inspection, as -built plans and work in addition to preliminary and
_iAbaft, final plat; supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS, ENGINEERING AND SUPERVISION ($) 2572(00 , 3`'
r
' t t 5 •� -
. •. . . . . . . . . . . . .r.▪ '.
S.
P.;
•
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:
Applicant
Diaaa_ldro
Title
By:
Applicant
Title
4307158 Pages: 17 of 22
06/02/2017 12:41 PM R Fee:$0.00
Carly Koppes: Clerk and Recorder, Weld County CO
VIII WY NI ,P21 Yk11/21 M C),11111
Date `WV 20 /7
Date , 20
EXHIBIT B - Time Schedule (ON -SITE) & (OFF - SITE)
Name of Subdivision, PUD, USR, RE, SPR: Ci/s-N Date- \I} t.L61 ft-tM rtAD Filing/Case # n : t't(n * no' °'l Location: CR let 1 CA 72
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 shall be completed as follows:
Improvements
(Leave spaces blank where they do not apply )
Time Schedule
(ON -SITE)
(OFF -SITE)
IPUBLIC
WORKS,
Survey,
Street Monuments/Boxes
Street
Grading
1
Street
Base
Street
Paving
L
L
'Pavement
Marking
r
'
Entrance/Access Improvements
Road Culvert
F
,
Sidewalks,
Curbs, Cutters,
and
Culverts
(OFF
-SITE)
Dust Control (per Sec. E.-7.5.2)
Road
Maint. Collateral per
Sec.
E.-7.5) '
1
tPLANNING S€RVICESL
(ON
Sidewalks,
-SITE)
Curbs, Gutters,
and Culverts
Fire
Hydrants
'Site
Grading
r
i
Retention / Detention Ponds
Stormwater/Drainage
Facilities
I
r
Erosion Control Measures/BMP's
Crass Lined
Swale
Subsurface
Drainage
t
r
Ditch Improvements
Parking Area, Curb Stops,
Mailboxes
Bus
Kiosks,
Street
Lighting
Street Names
Signage
r
t
Fencing
Requirements
Landscaping,
Seeding, Trees, etc.
Park
Improvements
4307138 Pages: 18 of 22
08/02/2017 12:41 PM R Fee:$0.00
Handicap Accessibility,
Parking
&
Rails
Carly
VIII
Koppes,
liedgt
hri'4
Clerk
and Recorder, Weld
gflifil YID' OM
County,
CO
alealth bepartmentl,
ILNI
41.,
KU iii I
II
Septic Systems
Ruin CompletionThvte let' Fartine'Prot
J4L`1 2rtt
EXHIBIT B - Time Sebethik- 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: L��r� � /•
Applicant
Date 9/27 ,20/(c
Title
By:
Applicant
Date , 20
Title
4307158 Pages: 19 of 22
06/02/2017 12:41 PM R Fee:$0.00
Carly Koppel, Clerk and Recorder,
1111 Pail % it �� N��ri� ��r� �Weld i���ti�i
��11
M:\AGREEMENTS\Exhibits\2016Combine Echibits\2016 Combined Exhibits PUD.docx
!i/AAclvantage Bank
IRREVOCABLE LETTER OF CREDIT
No. 90928
April 20, 2017
Weld County
County Clerk's Office
1402 N. 17th Ave., Greeley, Co 80631
Attn: County Clerk:
We have established an existing Letter of Credit (LOC) #90928 for the account of Upland
Homes, Inc.. in your favor. in the initial amount of Two Hundred Sixty Thousand, Nine Hundred
Sixty Dollars and 30 cents (S260.960.30) effective immediately and expiring at the close of
banking business August 20, 2018, at our office at Advantage Bank, 1801 59th Avenue, Greeley,
Colorado 80634. The LOC shall only be applicable to the Gander Valley Farms improvements.
This Letter of Credit will automatically be extended for a period of twelve (12) months from the
present or any future expiration date unless we notify you in writing by certified mail thirty (30)
days prior to any expiration date that we elect not to renew this Letter off Credit for any
additional period.
Funds under this LOC are available to you for one or more drawings presented on or before this
LOC expires pursuant to the terms herein against sight drafts in an aggregate cumulative
amount not to exceed the available balance, dated the date of presentment, drawn on our office
referred to above, referring thereon to the number of the LOC and accompanied by your written
certificate signed by you and acknowledged as therein provided in the form of Exhibit 1 hereto.
During the term of this LOC the amount available to be drawn by the County may be reduced
from time to time in the sole discretion of the County after the completion of the installation of
public improvements for Gander Valley Farms for such items as Road Infrastructure, Entry
Signage, Retention Ponds and other items referenced in the On Site Improvement Agreement
and inspection and acceptance of that particular stage by the applicable County representative,
the County Board and an engineer approved by the County and licensed by the State of
Colorado.
Presentation of such draft and certificate shall be made at our office referred to above.
Loveland 970-613-1982
1475 North Denver Avenue
Loveland, Colorado 80538
Fort Collins 970-204-0450
4532 McMurrylAve., Ste. 100
Fort Collins, Colorado 80525
Greeley 970-353-0047
1801 59th Avenue
Greeley, Colorado 80634
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COm a�
ION
re\YL
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is
www.advantagebanks.com
Upon the earlier of (i) our honoring your draft(s) totaling the aggregate amount available,
presented on or before this LOC expires pursuant to the terms herein, or (ii) the surrender to us
by you of this LOC for cancellation, this LOC shall automatically terminate.
This LOC shall be governed by the laws of the State of Colorado, including the Uniform
Commercial Code as in effect in the State of Colorado. Communications with respect to this
LOC shall be addressed to us at the office referred to above, specifically referring to the number
of this LOC.
This LOC is not transferable.
This LOC shall only bind the parties hereto and their successors and shall not create any third
party beneficiary rights or any other rights in any other parties. The County expressly reserves
the right to enter into an LOC with any other party under whatever terms it deems necessary in
its sole discretion.
This credit is subject to the Uniform Customs and Practice for Documentary Credits, 1993
revisions. ICC publication number 500.
This Irrevocable Letter of Credit sets forth in full the terms of our undertaking and such
undertaking shall not in any way be modified, amended or amplified by reference to any
document or instrument referred to herein or in which the Irrevocable Letter of Credit relates and
any such reference shall not be deemed to incorporate herein by reference any document or
instrument.
Sincerely,
-
Michael Lombardelli
Chief Credit Officer
Advantage Bank
4307158 Pages: 21 of 22
06/02/2017 12:41 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
'III POrdil'ta isai;101.16+ glitkil4'rN i;hGM' 1'► Nl ityi II
EXHIBIT "1" TO LETTER OF CREDIT
No. 90928
Certificate
The undersigned hereby certifies as follows with respect to the certain Irrevocable Letter of
Credit #90928 dated April 20. 2017, established in favor of Weld County (the "Letter of Credit"):
(a) He (She) is authorized to execute this Certificate on behalf of Weld County and
(b) Upland Homes, Inc. has defaulted under the Development Agreement between the
parties
(c) The sum of $ , which is the amount of the draft presented with this
Certificate, is the amount currently due to and
(d) The Letter of Credit has not expired
IN WITNESS WHEREOF, the undersigned has executed this Certificate on behalf of Weld
County this day of , 2
By:
Title:
STATE OF COLORADO
SS.
COUNTY OF WELD
The foregoing instrument was acknowledged before me on the day of
2 , by
WITNESS my hand and official seal.
Notary Public
My Commission Expires:
4307158 Pages: 22 of 22
06/02/2017 12:41 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder. Weld County. CO
!Oleg fir cillA1NdtrA9h'aKa 11111
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