HomeMy WebLinkAbout780987.tiff 411
RESOLUTION
RE: AUTHORIZATION TO RELEASE LETTERS OF CREDIT OF IDA INDUSTRIAL
PARK, WELD COUNTY, COLORADO.
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, the Board of County Commissioners of Weld County,
Colorado has been informed that all of Ida Industrial Park has
been annexed into the City of Brighton, and
WHEREAS, Weld County' s Subdivision Supervisor has determined
that the letters of credit are in order. The County Attorney' s
office finds the letters of credit in order also, and
WHEREAS, the Board of County Commissioners has now granted
authorization to release the guarantee of payment by the Platte
Valley Bank of Brighton, Colorado in regard to Ida Industrial
Park.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the release of the
letters of credit regarding Ida Industrial Park, which is now
being totally annexed into the City of Brighton, Colorado, be,
and hereby is, authorized.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 22nd day of
March, A.D. , 1978 .
BOARD OF COUNTY COMMISSIONERS
�} /� �, ".y, WELD COUNTY, COLORADO
ATTEST: ' (c'.:_ r ( ,...,., `j'??rj^^ �2 (j /'^qJ
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Weld County Clerk and Recorder
rahaNClerk to the Board
Deputy County Clerk (i
CØDAS
TO) F
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County Attorney
Date Presented: April 3 , 1978
780987
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Platte Valley Bank c�� rid, A1h and Bride Street
Brighton Colorado 80601
LETTER OF CREDIT
it
February 16, 1977 (.umber 77-1
TO: Board of County Commissioner?,
Weld County, Colorado ("
n.
Dear Sirs:
Please be advised that the PLATTE VALLEY BANK,,,at tfje request of L.
Harlow Leeper, has established for Ida Indusit'ia1ark - First Filing,
a credit with our banlibr $16,727.50 which%shall be irrevocable until
August 16, 1978. We'Shereby authorize yp3/,A0 dr6 on same at sight for
any sum or sums not exceeding $16 , 27..^,5Q'for said period.
if to
We hereby agreeawi �
th the Drawers , ndorsers,!and Bonafide Holders of
all drafts drawn under and in co pyrance,Mi,th the terms hereof will
be duly hgno1ed and paid-by thpfundersi ed.
Funds tti tie used in accordal+cl/ww/h . division Improvements Agreement
Exhibit A". //
Ead \raft drawn h?r u��der` male specifically mention the number and
of this Letter ,i'�'4.erec�rt.-oThe draft amount must be endorsed on
the reverse side of i y4Strtpment.
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Richard enoweth
Senior ice President
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Platte Valley Bank Brighto,Bridge
orado80601
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LETTER OF CREDIT
February 16, 1977 Number 77-2
TO: Board of County Commissionetit
Weld County, Colora88o
Dear Sirs: '
Please be advised that . he 'pLATTE VALLEY BANK, at the request of L. Harlow
Leeper, has established\e' Ida Industrial Park,- Second Filing, a credit
with our bank for $12,4014.'7 which shall be 4.r,,revocable until February 16,
1979. We hereby auth9rize you to draw 1n s ne at si;
; Y'it for any sum or sums
not exceeding $17;(94.87 for said perio / rt„
We hereby agree-,with the Drawers, Endor`Sers , andBonafide Holders of all
drafts drawn [Oder and in cowpliance,j4 th tha terms hereof will be duly
honored and'jid by the undersigned;•`
Funds tp bd used in accordance�Wjth Subditlision Improvements Agreement
Exhibi " " lF 'CJ 5
Ea Ch x.daft drawn hereunderJmG t Pe i ically mention the number and date
of this Letter of Credi{I'. /',The?raftl'•\pmount must be endorsed on the re-
verse side of this ins r m gypsy
P ATT VAL EY B /0.4)
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michard1,41 � Chenoweth
Senior Vice President
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WIIDCTo County Commissioners Date March 20, 1978
COLORADO From Gilman Olson , Sub-Division Supervisor
Subject Ida Industrial Park
All of Ida Industrial Park has been annexed into the City of
Brighton, and Mr. L. Harlow Leeper has requested the release
of his Letters of Credit from the Platte Valley Bank of
Brighton , Colorado.
I have received this request and find it to be in order. Also,
the Weld County Attorney ' s office has received said request and
found no problems with releasing the Letters of Credit .
Please find attached a copy of a letter from the City of
Brighton, dated March 6 , 1978 , approving the release of said
Letters of Credit .
At this time I would recommend the Board of Weld County
Commissioners release the Ida Industrial Park Letters of Credit
from the Platte Valley Bank of Brighton , Colorado , Number 77-1 ,
dated February 16 , 1977 in the amount of $16 ,727 . 50 and Number
77-2 , dated February 16 , 1977 in the amount of $12 ,404 . 87 .
Gilman Olson
Sub-Division Supervisor
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March 6, 1978
Weld County, Colorado
Department of Engineering
P.O. Box 758
Greeley, Colorado 80631
Attention: Gilman E. Olson
RE: IDA Industrial Park
Second Filing
Dear Mr. Gilman:
Attached please find a copy of a water and sewer
service utility contract between the City of Brighton
and IDA Investments .
We feel that this contract will take the place of
the letters of credit which have been filed with Weld
County, by IDA Investments .
We hereby approve the releasing of the letters
of credit which you hold for IDA Investments .
Sincerely,
in
Leslie A . Fraley
Engineer/Planner
LAF/dki
22 south 4th avenue,brighton,co. 80601 (303) 659-4050
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COMMERCE CITY REALTY & INVESTMENT CO.
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gagtOxEctilbufdlcitiletAY PHONES: 288-5061 ORIVax(t1;5:k COMMERCE CITY, COLORADO 80022
7290 Magnolia Street 289-5555
January 27, 1978
Weld County Colorado
P. 0. Box 758
Greeley, Colorado 80631
Attn: Mr. Gilman E. Olson, Subdivision Director
Department of Engineering
Dear Gil:
Re: IDA Industrial Park, 2nd Filing
Enclosed is a copy of the City of Brighton
Ordinance No. 958, which was passed on 2nd and final
reading January 17, 1978, thereby annexing all of
IDA Industrial Park into the City of Brighton.
I respectfuly request the release from the
Board of County Commissioners of Weld County the
following Letters of Credit from the Platte Valley
Bank of Brighton, Colorado:
1 . Number 77-1 , Dated February 16, 1977, in
the amount of $16,727.50.
2. Number 77-2, Dated February 16, 1977 in
the amount of $12,404.87.
Thanking you in advance for your help in this
S� , I remain,
Resitfully yours,
JAN Jo 7977 Gl!'
MELD COUNTY �Z�
Engineering Department L. Harlow Leeper
LHL/mac
enc. Copy of Ordinance
Copies of Letters of Credit
c. James Adams
Harold Baumgartner
Ralph Heinz
Mr. Richard Chenowith, Platte Valley Bank
COMMERCIAL
INDUSTRIAL
RESIDENTIAL
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YfILLIAli SOKOL •
COUNTY RECORDER
ADAMS COUNTY,COLO.
WATER AND SEWER SERVICE UTILLTYCONTRACT DEC ld in
AH! '75 30
THIS AGREEMENT , made and ontered into this —1.f:a day of
/I -Cm ILL: 1975 by and between the City of Brighton ,
Colorado, a municipal corporation , hereinafter referred to as
City and IDA INVESTMENTS , a Joint Venture , hereinafter referred
to as Developer;
WITESSITB
WHEREAS , developer is in need of t;aLeer and sewer service
from the City of Brighton in order for Developer to proceed
with plans for development of that tract of real estate described
on attached Exhibit "A" , and
WHEREAS , the City deems it to be in the best interests
of the City of Brighton , Colorado to encourage such development
and to provide water and sewer service to the development in
accordance with the terms and conditions hereinafter set forth,
now therefore ,
IN CONSIDERATION of the mutual covenants and agreements
herein contained, the parties hereto agree as follows :
1 . Contemporaneously with the execution of this Agreement
the developer will transfer and convey to the City of Brighton ,
all right, title and interest in and to the irrigation wells
located on the property described on attached Exhibit "A" .
Provided, however , that all such wells must represent a minimum
of three ( 3) acre feet per acre of land described on attached
Exhibit "A" , and 'such water measurement shall be construed to
mean the amount permitted for consumptive use by the City for
municipal purposes and after adjudication by the Water Court ,
State of Colorado.
The developer shall have the right to use the irrigation
well for irrigating crops on the subject property for the year
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1976 and annually thereafter for each crop year until notified
in writing by the City to cease using same . The City shall
give 30 days written notice . Nevertheless developer can continue
using said well after notice in the event a crop has already
been planted on the subject property and upon harvest of such
crop the devoloper shall not thereafter use said well .
The developer agrees to convey .a 5t) ' x 50 ' well site to
the City at a location on property owned by developer adjacent
to North 5th Avenue or Ida Street selected by the City and mutually
agreed upon by developer . The parties agree that the City shall
be entitled to said well site at the location where it appears
that the maximum quantity of water will Le produced . The site
shall he finally selected within 6 months from date . The well
house constructed shall have a brick cxEerior and ba architectually
compatible with the area .
2 . Developer shall pay for the installation and construc-
tion of a twelve inch (12 " ) water line from, the existing twelve
inch (12" ) water line located on county line road to the South-
west corner of Lot 5 of developer ' s tract of real estate des-
cribed on attached Exhibit "A" . The water line shall be extended
as provided in Paragraph 15 .
3 . Developer shall pay for the insrallation of a sewer line
from the nearest point of the existing sewer line to the South-
west corner of Lot 5 of developer ' s tract of real estate described
on attached Exhibit "A" . Tho sewer line shall be extended as
provided in Paragraph 15 .
4 . It is expressly understood and agreed that developer
shall pay all usual and related costs of construction of the
proposed development, including engineering costs , right of
way construction costs and any and all other costs incurred for
the development of the project . No costs whatsoever shall he
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incurred by the City of Brighton for such purposes .
5 . Upon installation and acceptance by the City , all water
and sewer lines provided for herein shall become the sole pro-
perty of the City , and the City shall maintain such lines there-
after. The said lines shall be constructed and installed in
accordance with the City specifications . The City shall inspect
same as and when installed .
6 . It is :Igreed and understood that all land development
projects anticipated by developer on the real estate (1encribed
on attached Exhibit "A" shall be served by the City. Prior to
annexation no water or sewer tap shall be issued to developer
for the subject property without the prior consent of the City
Council of the City of Brighton. The City hereby reserves
its right to deny water services to any given facility on the
subject real estate in the event that the water demand for such
facility would be excessive in the judgment and determination
of the City of Brighton. The City agrees to be reasonable in
making this judgment and determination .
7 . It is further agreed and understood that all City Codes
and Ordinances shall be complied w.ithi❑ the construction and
development of the real estate described on attached Exhibit "A" ,
even though at the time of such developmment and construction
the said real estate may not be located within the city boundaries
of the City of Brighton . The City shall have the right to inspect
all construction but until annexation no building permit or
payment of building permit fees to the City shall be required .
Until annexation in the event of a conflict between the building
Codes of the City and those of Weld County the codes of Well
County shall be decisive on any such conflict.
8 . The parties hereto recognize that developer shall pay to the
City on behalf of Public Service Company any sum agreed upon between
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Developer and Public Service Company for connecting to the water
line installed by Public Service Company in 1968 , pursuant to the
agreement dated September 2 , 1969 , between the City of Brighton and
Public Service Company of Colorado as set forth in attached Exhibit "B" .
9 . The City agrees that developer snail be charged plant in-
vestment fees , tap fees , service fees and such other fees and
charges relating to water and sewer and water and sewer rates
as set forth in existing City Ordinances or as they may hereafter
be amended, equal to those charges assessed against water and
sewer users who are residents of the City of Brighton with the
same or similar type facilities of the developer , so long as
the service fee is paid pursuant to Paragraph 10 .
10 . Developer agrees to pay annually to the City of Brighton
a City service fee equal to City ad valorem property taxes until
such time as the real estate described on attached Exhibit "A"
is annexed to the City of Brighton . Thy City service fee shall
he prorated in accordance with City ad valorem taxes for any
portion of a year for which such City service fee would be due .
The said fee shall be due and payable on April 1 of each year ,
commencing after the date of execution of this Agreement . The
City shall prepare a proper statement annually for such service
feeproperty described
and present sane to the then owner of the
on Exhibit "A" 54 long
same is paid the subject land and devel-
oper shall be entitled to receive all city services at the same
rate and cost as property within the City .
11 . it is understood and agreed by and between the parties
hereto that the City shall collect pro rata share costs from any
person tapping onto the said water line and sewer line agreed
herein to be installed by developer . The pro rata share to be
collected from each person tapping onto any such water or sewer
line shall be in accordance with the schedule attached 'hereto
as Exhibit "C" . The pro rata share collected by the City pursuant
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to this Agreement shall be refunded to developer as the same is
collected by the City during the period of eight ( 8) years from
the date of acceptance by the City of the respective water and
sewer facilities , or any segment thereof , and not thereafter .
After eight (8) years from the date of acceptance by the City ,
of water and sewer lines , or any segment thereof , no further
pro rata refunding shall be made to developer . The City shall
not allow anyone to tap on to sa ci wit -. r te wL r line installed
by developer unless and until the af„renaid pro rata share has
been collected by City .
12 . At such time as the property described in attached
Exhibit "A" is eligible for annexation to the City in accordance
with the annexation laws of the State of Colorado, developer
shall , upon request of the City, forthwith annex its property
to the City of Brighton . In addition , developer shall cooperate
with the City of Brighton in the annexation of any lands necessary
to accomplish annexation of the tract of land described on attached
Exhibit "A" . The tract of land described on Exhibit "f," shall
be annexed with the same or equivalent zoning as sanehad by
Weld County at time of annexation . At present the zoning is
Industrial . The City hereby agrees to accept os the full land
donation and for any other annexarioa charge or fee required by
City on annexation the ownership of the irrigation well and the
sum of $5 , 000 . 00 paid by developer through Weld County for use
by School District 27.3 for mutually agreeable recreational facilities .
13 . The City approves the attached plat of developers land
and agrees that it conforms to the requirements of the City and
no changes in same will be required or requested upon annexation .
14 . The present City subdivision regulations require curb
and gutter , but not sidewalk , along industrial zoned ground
and, assuming the same requirement exists at the date of ennexa-
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tion , same shall be installed along North 5th Street , the East
side of Great Western Road , and North side of Ida Street adjacent
to Developer ' s property as required by the City regulations after
annexation as provided in Parayx-apb 15 .
The present City subdivision regulations likewise require
all street., to be paved and .ertii Ski; Strer 1 ,and Great Western
Road adjacent to Developers property, if not paved prior to
annexation, shall be paved as required by the City regulations
after annexation as provided in Paragraph 15 .
15 . The water line and newer lino shall be extended by
developer as the property adjacent is developed and as required
by the development of the aunject property pin tded that after
annexation all paving, curb .and gutter, not installed prior to
annexation, shall be installed and constructed no later than five
( 5) years after annexation by the owner of the adjacent property
upon request by the City or it same are not so installed by the
owner within a reasonable time after reciuost then same may be
installed by the City through the formation of a special improve-
ment or assessment district and the developer hereby agrees and
consents to join any such district that may be formed for the
installation of all or any part of said improvements and pay its
proportionate share of the cost of installation by annual tax
assessment through the District upon the adjacent property as
provided by law.
The developer as owner of the subject property hereby
appoints the City Clerk of the City of Brighton at the time
any such district is formed as its true and lawful attorney for
the developer , and in its name and stead , for the purpose of
executing any and all petitions and doing all things and acts
required to create , form and operate such a District .
16 . It is expressly understood and agreed that the covenants ,
restrictions and agreements contained herein shall be binding
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upon the parties hereto , their successors and assigns , and
shall be construed as running with and binding the land described
y making all subsequent- ow crs and occupants
therein , thercb making
thereof subject to the provisions of this agreement upon recording
thereof in the public real estate records .
IN WITNESS WHEREOF , the parties have hereunto set their
hands F" '/ day of !/�., ,. __ , 1975 .
thisu
_ CITY, (.,t'' B]tlCi1Tnfl , COLORADO
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That part of the Southeast c'ne--;uart( r uf Section 31 ,
Township 1 , North , Range 66 West c' !` LI-:e 6th i'rincipal Meridian ,
Weld County , Colorado , der.crihucl es . !3ht' inniny, at the Southeast
corner said Section 31 ; thence S90°06 ' 00"W on an assumed bearing
along the South line said Section 31 a distance of 1804 . 55 feet
to a point on the West R. O .W. line of the Union Pacific Railroad
Company ; thence N13°47 ' 30"E along said West R. O .W. line a distance
of 1205 . 60 Het to the tru,- Li•r,innit,, honer coutinning
N13047 130"E L•' along said West R. O . V. line a distance of 718 . '.6
feet to the Southeast Corner of a Parcel of land described in
Book 1598 , Page 377 , Weld County records ; thence S90°00 ' 00"W
along the South line said described creel a distance of 182 . 30
feet to the Southwest corner said parcel ; thence N00°O0 ' 00 ' F;
along the West line said parcel a distance of 120 . 00 feet ; thence
N13°47 ' 30"3 a distance of 62.7 . 06 foot to a point 40 . 00 feet South
of the North line said Southeast one-clt:tarter Section 31 ; thence
S89°52 ' 30"W parallel with said North line a distance of 316 . 58
feet to the beginning of a curve to the right , the delta of
said curve is 1 /°18 ' 55" , the uolu:{ '.l : ILI curve i0 717 . 35 feet ,
tRe chord of said curve bears 303°11 ' 57"W , 215 . 97 i.eeC ; thence
along the arc of said curve a distance of 216 . 80 feet to the end
of said curve ; thence S17°, 1 ' Sd''U a distance of 332 . 191 feet ;
thence S90°00 ' 00"W a distance of 721 . 703 feet to a point on the
Easterly R. O .W. line of U . S . Highway No . 85 ; thence S16°34 ' 30"W
along said Easterly R. 0 .W . line a distance of 1065 . 034 feet to
a point 1045 . 20 feet North of the South line said Section 31 ;
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thence N90°00 ' 00"E parallel with said South line a distance of
1004 . 15 feet ; thence N13°47 ' 30"E a distance of 129 .41 feet ;
thence N90°00 ' 00"E a distance of 298 . 90 feet to the true point
of beginning .
Contains 31 . 8376 Acres more or less .
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