HomeMy WebLinkAbout20150279.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
REGARDING SITE SPECIFIC DEVELOPMENT PLAN AND PLANNED UNIT
DEVELOPMENT (PUD) PF-1048, AND AUTHORIZE CHAIR TO SIGN - WELD 45
ACRE 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, Weld 45 Acre, LLC has received Board of County Commissioner approval
of a Site Specific Development Plan and Planned Unit Development (PUD) PF-1048, for seven
(7) lots with E (Estate) Zone uses and three (3) non-residential outlots for open space— Moorea
Manor North, for a parcel of land located on the following described real estate, to wit:
Lot B of Recorded Exemption #2812; being part of
the S1/2 NW1/4 of Section 2, Township 2 North,
Range 67 West of the 6th P.M., Weld County
Colorado
WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented
with an Improvements and Road Maintenance Agreement According to Policy Regarding
Collateral for Improvements between the County of Weld, State of Colorado, by and through the
Board of County Commissioner of Weld County, and Weld 45 Acre, LLC ("Property Owner"),
with terms and conditions being as stated in said agreement, and
WHEREAS, in accordance with section (E)7.2 of the agreement, the Property Owner
must submit collateral to the County upon execution of the agreement "or at a time determined
by the Board of County Commissioners", and
a
WHEREAS, the Property Owner does not expect to commence construction of the g3
improvements immediately, and therefore the Board of County Commissioners has determined
that collateral need not be submitted immediately, and
0-
GAM
WHEREAS, the parties agree that the Developer shall provide collateral for all on-site pia
and off-site improvements required by this Agreement prior to the issuance of any permits vas
pertaining to construction and/or prior to the sale of any lots within PF-1048, or at a time °LLo
determined acceptable by the Board of County Commissioners, c'p�!
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of fommY V
Weld County, Colorado, that the Improvements and Road Maintenance Agreement According to am"
Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, z
by and through the Board of County Commissioners of Weld County, and Weld 45 Acre LLC be, Om a -
and hereby is, approved.
°LI Ipt(cth )- I(FK/RH> eR(3C"3I q 2015-0279 �N
PL1811 vm��
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT, PF-1048 (MOOREA MANOR
NORTH) -WELD 45 ACRE, LLC
PAGE 2
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of January, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:W C jdo:ti a .4
rbara Kirkmeyer, Chair ✓
Weld County Clerk to the Board �, n
q Mike Freeman, Pro-Tem
B : ♦ 0.Oga- •
De.0 Clerk to the Bo.;r
4p; •. an P. Conwa
APPROVED AS TO FORM i ?] �
�.. r lie A. Cozad
Steve Moreno
Date of signature: �` 9
4085330 Pages: 2 of 26
02/24/2015 10:49 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, I1e1d County, CO
■III1R, W��1�4'Ii11LP:+ILrKIh1�2YA�kAAA 11111
2015-0279
PL1811
MEMORANDUM
TO: Clerk to the Board
i86
DATE: 1/16/2015
FROM: Richard Hastings,Public Works Department
GOUNTY ,
SUBJECT: BOCC Agenda Item -Approve Improvements
Agreement For:
Moorea Manor North- (PF-1048)
Request for Approval of Improvements Agreement:
The Department of Public Works and the Department of Planning Services received a request
from the applicant, Lee Petrides, requesting that the Board of County Commissioners consider
approving the Improvements Agreement for a Planned Unit Development(PUD) for seven(7) lots
with E (Estate) uses and three (3) non-residential outlots for open space for (PF-1048), located on
CR's 21.5 & 24.5, south west of the town of Platteville.
Weld County Public Works Department 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.
Collateral:
The applicant does not expect to commence construction of its improvements at this time, and the
Department of Public Works and the Department of Planning Services agree that construction of
the improvements is not required at this time. The Improvements Agreement establishes the
requirements for the posting of collateral.
Recommendation:
The Department's of Public Works and Planning Services are recommending approval of the
Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For
Improvements and that no collateral be required at this time for Moorea Manor North - (PF-1048).
4085330 Pages: 3 of 26
02/24/2015 10:49 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
•vNirMilliilifli 4kEK+r4k'WLNUUDIWvi ■I III
pc: Elizabeth Relford,Public Works
Chris Gathman,Planning Services 2015-0279
Bob Choate,Assistant County Attorney e /, '/\
C:\Users\kford\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content. nook BPT5DNY\Approve IA(PF-I 048)-Moorea /
Manor North-MEMO.docx /,.'
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (Residential Sub-Division)
Moorea Manor North - Weld 45 Acre, LLC —PF-1048
Part 1: Site Specific Provisions
THIS AGREEMENT is made this 12th_day of January , 2015_, by and
between Weld 45 Acre, LLC whose address is 9202 South Rockport Lane, Highland Ranch,
Colorado 80126, hereinafter referred to as "Property Owner," authorized to do business in the
State of Colorado, and the County of Weld, a body corporate and politic of the State of
Colorado, by and through its Board of County Commissioners, whose address is 1150 "O"
Street, Greeley, Colorado 80631 hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Property Owner is the owner of, the following described property in the
County of Weld, Colorado:
Lot B of Recorded Exemption #2812: being part of the S''/2 NW 1/4 of Section 2.
Township 2 North, Range 67 West of the 6th P.M. Weld County, Colorado and
hereinafter referred to as "the Property," and
WHEREAS, Property Owner has received Board of County Commissioner approval of a
Site-Specific Development Plan and Planned Unit Development (PUD) #PF-1048 for seven (7)
lots with E (Estate) uses and three (3) non-residential outlots for open space, and
WHEREAS, the Property Owner acknowledges that the issuance of the Final Plat for PF-
1048 is conditional upon Property Owner's funding and/or construction of the on-site and off-
site improvements and road maintenance which are described in this Agreement and depicted in
the Plat Map and the set of accepted Construction Plans provided by Property Owner(hereinafter
referred to as "Plans"), copies of which shall be attached to this Agreement as they become
available and made a part hereof, as Exhibit C, and
WHEREAS, Property Owner acknowledges that it may not engage in any activity
described in PF-1048 and/or any activity related to the businesses described above until said
improvements have been completed, and
o-o-
WHEREAS, the Property Owner agrees that pursuant to the provisions of Weld County
Code Sec. 23-2-290, the failure to commence construction of the improvements outlined herein �_c
or to commence the use of the Property as approved in PF-1048 within three (3) years of the m3
approval of the permit issued under PF-1048, may result in the revocation of PF-1048, upon
consideration and order of the Board of County Commissioners, and o LL o 2
�x
WHEREAS, the Property Owner agrees that the failure to record the plat within the time NE FS
limits imposed by the Weld County Board of County Commissioners, may result in the mm=V
revocation of PF-1048, upon consideration and order of the Board of County Commissioners, aam�
BU�
Page lof 19 s
C:\Users\Stephanie\AppData\Local\Microsoft\WindowsCfemporary Internet Files\Content.Outlook\OGBLWBHQ\PF- N m
1048_Nloorea_Manor_North_Parll Site Specific Provisions-Final IA (12-30-14)4ocx MN o ti
I+IN ca
In>.
cow
RBu-
and
WHEREAS, the parties agree that the Property Owner shall provide collateral for all on-
site and off-site improvements required by this Agreement when; the 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:
A. Required Off-Site Improvements
1.0 Weld County Road 21.5: The Property Owner shall be responsible for
certain on-site and off-site safety improvements, which shall include: construction of adequate
turning radii at the main site entrance, drainage and signage installations, approved vehicle
tracking control across the entire width of the CR 21.5 entrance to ensure a complete revolution
of the vehicle tires in order to minimize potential hazardous safety conditions relative to the
tracking of mud and debris onto the adjacent County roadways, which extend partially into CR
21.5 right-of-way (ROW), as indicated on the accepted Construction Plans and/or PF-1048 plat.
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, as specified above in Section A.1.0, on CR 21.5 and for any
construction improvements mandated by the Colorado Department of Transportation (hereinafter
"CDOT") and/or the County, and for all expenses associated therewith. These responsibilities
include, but are not limited to the following: design, surveys, utility locates, present and future
right-of-way clearances and permits; coordination with oil and gas operators and facilities, and
affected irrigation facilities; traffic control; and project safety during construction. Property
Owner shall obey all applicable regulations issued by the Occupational Safety and Health
Administration (hereinafter "OSHA"), CDOT, Colorado Department of Public Health and
Environment, (hereinafter"CDPHE") and other Federal, State or County regulatory agencies.
3.0 Engineering Design and Construction Plans: For Off-Site Improvements as set-
forth in Section A. 1.0-2.0 above, all engineering designs and construction plans must be
provided by Property Owner. All plans showing work within the County shall be reviewed and
accepted by Weld County, prior to the start of construction. For all construction in the County 3
right-of-way, prior to the issuance of any access permit or right-of-way permit, a construction
schedule giving times and locations of all proposed improvements shall be provided to Public
3j g
Works for review and acceptance. The approved and accepted construction plans are a part of
this Agreement. 03-0;
to
4.0 Construction Standards: All construction and materials controls for the project $
and any designated improvements shall conform to the requirements in effect as the time of the in,j4
4
completion of the improvements set forth in the "Standard Specifications for Road and Bridge ar-4
Construction"provided by CDOT. ma"
5.0 Traffic Control: Prior to any construction in the County Right-Of-Way and as a CI-,"E
condition of issuance of any access permit or Right-Of-Way permit, the applicant shall submit a m�
Page 2of 19 tea_
C:\Users\Stephanie\AppData\Local\ Microsoft\Windows\Temporary Internet Files\ContentOuttook\OGBLWBHQ\PF- MN o° ti
1048_Moorea_Manor_North_Partl_Site_Specitic_Provisions-Final_IA_(12-30-14).daex N Q>a
1t 19U.
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 (hereinafter"MUTCD").
6.0 Off-Site Dust Control/Abatement and/or Paving (If Applicable): The Property
Owner is required to provide dust abatement along affected Travel Route Roads approximately
two to five times per year, as determined by the County. County will determine the proportionate
share of dust control and/or paving costs to be paid by Property Owner based upon then current
Equivalent Single Axle Load (ESAL) Counts that identify traffic loading due to Property Owner
sourced traffic. The amount and extent of dust control and paving measures will be determined
by site-specific conditions at the time, as determined exclusively by County personnel. In order
to accurately determine percentage of Property Owner/PF-1048 vehicle traffic, the County
reserves the right to install traffic counters on the driveway(s) of their facility. The percentage of
vehicle traffic utilizing County roads in the vicinity of the site attributable to Property Owner/PF-
1048 (or their contractors, clients, tenants, or customers) activities will be determined by traffic
counts conducted by the County on the primary and requested alternate or revised travel routes.
The County will have sole responsibility for determination of the percentage of travel route
traffic on all affected roads.
Following is a list of traffic count triggers for the improvements for the upgrading and/or paving
of Travel Route Roads:
a. 200 vehicles per day Mag-Chloride
b. 300 vehicles per day Alternate Pavement
c. 400 vehicles per day Asphalt Pavement
7.0 Future Travel Route Road Improvements: Future improvements to the travel
route road(s) may be required by the County. Property Owner shall address all County and/or
Colorado Department of Transportation (CDOT) access issues associated with afore-mentioned
travel route road. Future County mandated measures may include improvements to any travel
route road intersection or roadways then extensively utilized by vehicle traffic from the Property.
The Property Owner shall pay a proportionate share of the cost of the entire road improvement
project, including engineering designs and construction plans based on the Property Owner's
share of ESAL Counts using then current data on the travel route roads in the implementation of
the above-mentioned road improvements. County personnel alone shall make all determinations 2
regarding the gathering of and use of traffic data when making decisions regarding cost sharing.
In order to accurately determine the percentage of travel route road traffic to and from the
Property, the County reserves the right to install traffic counters on the driveway(s) of the
Property. Future road improvements will be subject to any Federal, State or County regulations N-
in place at the time the road improvement project is initiated. St
m SF
w 3i
8.0 Timing of Improvements: Subject to the provisions of Weld County Code Sec.
23-2-290 and any conditions or considerations granted by the Board of County Commissioners, °LL
Property Owner shall not be required to complete the aforementioned offsite improvements as �cri '
described in Sections A.1.0-2.0 until the occurrence of the triggering event for each may±
improvement, namely the application for the Grading Permit, Building Permit or Right-Of-Way :Jilt
access permit or the commencement of activities on the property(s). At that time, Property m�i
Owner agrees that the required off-site collateral will be posted and all on-site and offsite T,ft
m
Page of 19 urt
C:Wsers\StephanieWppData\Local\Microsoft\Windows\Temporary InternetFiles\Content.Outlook\OGBLWBHQ\PF- mn Lo
104S_Moorea_Manor_North_Partl_Site_Specific_Provisions-Final_I.A_(12-30-I4).doex v m o
improvements shall commence and shall be completed within the parameters established in
Sections A.3.0 and E.7.2, and Exhibit B, herein.
B. Haul Routes: Not Applicable
C. Road Maintenance Requirements: Not applicable except as further identified in Section A.7.0
of this Agreement.
D. On-Site Improvements:
1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and/or
maintain the landscaping and re-seeding of the Property where applicable as shown on the
accepted Construction Plans and PF-1048 plat map. Specifically, 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 PF-1048 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 PF-1048 plat map. In the event any of these
improvements may include work extending into County Right-Of-Way in which case a Right-
Of-Way or access permit is required, but shall not be unreasonably withheld by the County.
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, and easements
areas, and install accepted drainage and signage components, adjacent to or within the interior
portion of the property in accordance with the reasonable directives of the Weld County
Department of Public Works and Department of Planning Services, as further described in the
accepted Construction Plans and PF-1048 Plat Map. The main entrance improvements will
include; construction of adequate turning radii at the main site entrance onto WCR 21.5,
appropriately sized drainage culverts, and any other on-site improvements shall be completed as
indicated on the accepted Construction Plans. Property Owner shall be responsible for all =
maintenance of the onsite improvements.
3.0 Timing of Improvements: Subject to the provisions of Weld County Code Sec.
23-2-290 and any conditions or considerations granted by the Board of County Commissioners, o}_
Property Owner shall not be required to initiate the landscaping or fencing on the Property as per
3 the approved Construction Plans-requirements until the occurrence of the triggering event for all 0
improvements, namely the approval of a Grading Permit or an amendment to the existing PUD. u rle
Except with prior County consent, a grading permit will not be released until collateral is posted t°m3A
for all on-site and off-site improvements and the final Construction Plans have been submitted to N" a
and accepted by the Department of Public Works. Access and/or Right-Of-Way permits might °LLo
also be required prior to approval of the grading permit. Grading shall not commence until r ix
Construction Plans are accepted. Any alterations to the accepted Construction Plans must be ,",ar"r
accepted in writing by the County Planning and Public Works Departments which approval shall qm
1:1-"Pan.
not be unreasonably withheld at that time, and unless otherwise amended. Property Owner COO
agrees that all landscaping and other on-site improvements, as described above indicated in �a
Section D. 2.0 above shall be completed within the parameters established in Section E. 7.2 and MNo
Exhibit B. �a r
imU-
4.0 Acceptance of On-Site Improvements: Upon completion of the on-site
Page 4 of 19
C:\Users\Stephanie\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OGBLW BHQ\PF-
1048_Moorea_Manor_North_Partl_Site_Specific_Provisions-Final_1.4_(12-30-14).docx
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 described in Paragraph D.1.0 and D.2.0 above. The County's representatives may
then initiate the process for "Acceptance of Improvements" set forth in Paragraphs E.6.0,
sections 6.1-6.3.
"End of Part 1"
4085330 Pages: 8 of 26
02/24/2015 10:49 RM R Fee:$0.00
Carly Koppes, Clerk and Recorder Weld County. Co
EICtIrgliiilMiliAll.iiileiNVIERIVIN414, 1I III
Page 5 of 19
C:\Users\Stephanie\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OG BLW BHQ\PF-
1048_Moorea_Manor_North_Partl_Site_Specific_Provisions-Final_IA_(I2-30-14).docs
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (Residential Sub-Division)
Moorea Manor North - Weld 45 Acre, LLC —PF-1048
Part 2: General Provisions
E. 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.
1.1 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 furnish construction 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.
2.0 Rights-of-way and Easements: Before commencing the construction of any
improvements herein agreed upon for public rights-of-way or easements, Property Owner shall
acquire, at the sole expense of Property Owner, good and sufficient rights-of-way and easements
on all lands and facilities traversed by the proposed improvements. All such rights-of-way and
easements used for the construction of roads to be accepted by the County shall be conveyed to
the County and the documents of conveyance shall be furnished to the County for recording.
3.0 Construction: Property Owner shall furnish and install, at its own expense, the
improvements identified on the accepted Construction Plans and PF-1048 Plat Map, be solely
responsible for the costs listed on Exhibit "A", and described in parts A and D of this agreement, 0=a
which are attached hereto and/or incorporated herein by reference, with the improvements
interior to the Property being completed by the dates set forth on Exhibit "B" (On-site), and
improvements to public rights-of-way or easements being completed also in accordance with the gY
schedule set forth in Exhibit "B" (Off-site). The Board of County Commissioners, at its option, maw
may grant an extension of the time of completion set forth in Exhibit B stated herein upon to�3
application by the Property Owner. N'"L*e.
m
oio`y
3.1 Said construction shall be in strict conformance to the plans and drawings mu-85 cc
accepted by the County and the specifications adopted by the County. m¢q me
mmxZ
<vz
—a—
Page6 of 19 y„
U:\Engineering\PLANNING-DEVELOPMENT REVIEW-Pre-Amin Referrals(Old Numbering)\.3-Final Plat(PF,MF,AWAIT- mm na
1048 Moores Manor North\Improvements Agreement\PF-1048 Moorea Manor North 2014 Part 2 General Provisions-Final IA(12-30- f9N o
14).docx N≤y
N ac
co�L
3.2 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.
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.
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 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.
5.0 Warranty of On-Site and Off-Site Improvements: Property Owner shall warranty
all improvements to public rights-of-way, (if any), and all privately created and maintained roads
or rights-of-way, or easements, and all on-site improvements for a period of two (2) years. The
warranty period shall begin only after the County's execution of a written acceptance of the
improvement(s).
o
Ua
6.0 Acceptance of On-Site and/or Off-Site Improvements by the County: Upon
compliance with the following procedures by the Property Owner, the improvements shall be
deemed accepted by the County, if collateral had been initially posted for the improvements. 0-
The BOCC does not represent or ensure the on-site improvements will be constructed and/or mv?'G
available for their intended use(s). a m
o
6.1 If requested by the Property Owner and approved by the County, portions a W1
of the improvements may be placed in service when completed according
or-2X
to the schedule shown on Exhibit "B," but such use and operation shall wa i
not, alone, constitute an acceptance of said portions of the improvements. ti<
mU�
omare
Page 7ot19 (Into
U:\Engineering\PLANNING—DEVELOPMENT REVIEW—Pre-Accela Referrals(Old Numbering)\3-Final Plat(PR MF,MJF)\PF- WO.
1048 Moorea Manor North\Improvements Agreement\PE-1048 Moores Manor North 2014 Part 2 General Provisions-Final 1.4(12-30- 83 —
14).docx eo0
6.2 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
Sub-Division improvements in that phase of the Sub-Division is
satisfactory to the County, and all terms of this Agreement have been
faithfully kept by Property Owner.
6.3a Upon completion of the construction of the required off-site
improvements, and the filing of a Statement of Substantial Compliance by
Property Owner's engineer, the Property Owner may, as set forth in
Section A.9.0, request in writing that the County inspect the improvements
and recommend to the Board of County Commissioners that the
improvements be accepted and further that the two-year warranty period
begin. Upon completion of the two-year warranty period, the County
Engineer 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. The County Engineer shall reinspect the improvements after
notification from the Property Owner that said deficiencies have been
corrected. If the County Engineer finds that the improvements are
constructed according to County standards, he or she shall recommend full
acceptance. Upon a receipt of a positive unqualified written
recommendation from the County Engineer for acceptance of
improvements within the Sub-Division, the Board of County
Commissioners shall fully accept said improvements.
6.3b Upon completion of the construction of the required on-site
improvements, and the filing of a Statement of Substantial Compliance,
when necessary, by Property Owner's engineer, the Property Owner may,
as set forth in Section D.4.0, request in writing that the County inspect the
improvements and recommend to the Board of County Commissioners
that the improvements be accepted if collateral had been initially posted —_
for the improvements, and further that the two-year warranty period begin.
Upon completion of the two-year warranty period, the County Engineer
and/or the Weld County Department of Planning Services shall, upon .
request of the Property Owner, inspect the subject improvements, and g
notify the Property Owner of any deficiencies. If any deficiencies are
discovered, the Property Owner shall correct the deficiencies. The County o
Engineer and /or the Department of Planning Services shall reinspect the maw
improvements after notification from the Property Owner that said Nm3-
deficiencies have been corrected. If the County Engineer and/or "'v 4. 1
Department of Planning Services find that the improvements are ,R5j
constructed according to County standards, he or she shall recommend full "mg z.
acceptance. Upon a receipt of a positive unqualified written iora
recommendation from the County Engineer and/or the Department of ma'`
mmx=S
Planning Services for acceptance of improvements within the Sub- a7q)r.
CDV
Il v�
Page of 19 Om air
t!:\Engineering\PLANNING—DEVELOPMENT REVIEw\—Pre-Accela Referrals(Old Numberingb3-Final Plat(PF,MF,MJF)\PF- M m oe�~
1048 Moorea Manor North\Improvements Agreement\PF-1048 Moorea Manor North 2014 Part 2 General Provisions-Final IA(12-30- lf1 iV
14).docx O N
e&UMO
Division, the Board of County Commissioners shall fully accept said
improvements.
7.0 General Requirements for Collateral:
7.1 County requires Property Owner to provide collateral to guaranty all of
Property Owner's obligations under this Agreement: (1) Project Collateral
for completion of all improvements described in this Agreement shall be
provided for off-site and on-site improvements for PF-1048 required at
this time. (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.
7.2 Project Collateral submitted to Weld County to guarantee completion of
the improvements indentified on the accepted Construction Plans and PF-
1048 Plat Map and further enumerated in the costs listed in Exhibit "A,"
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 Board of County Commissioners, and shall
be held in total by County as provided in Paragraph E. 7.3 below until all
improvements have been completed.
7.3 Warranty Collateral for all off-site and on-site 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).
7.4 In the event Property Owner fails to adequately complete and/or repair
improvements associated with this Improvements Agreement, County will
access, in its sole discretion, Project or Warranty Collateral to the extent
necessary to complete said improvements or repairs in order to preserve —_
public interest. •
7.5 Road Maintenance Collateral shall be submitted to County upon the
o
release of the warranty collateral by the Board of County Commissioners al
or at the time of approval of this Agreement, if no Project Collateral was
MB-
initially submitted. Road Maintenance Collateral is held for use on roads
associated with the designated travel route. -o
tp m a
m3—
If no Project Collateral was initially submitted, Road Maintenance ww
Collateral shall be submitted at the time of approval for this Agreement or wa o
at such time that approved PF-1048 activities are initiated. If the County 'rda
has accepted a Corporate Guaranty as collateral pursuant to Weld County iEa
Code Sec. 2-3-30.D. Road Maintenance Collateral shall be submitted at ma��
mmr--
the time of approval of the Improvements Agreement or at such time that °- . E
so r
Page 90119
01 19
U:1Engineering\PLANNING—DEVELOPMENT REVIEw1—Pre-Accela Referrals(Old Numbering)\3-Final Plat(PF,MF,MJF)\PF- -
1048 Moorea Manor North\Improvements Agreement\PF-1048 Moorea Manor North 2014 Part 2 General Provisions-Final IA(12-30- m N o a
14).docz el —
LONar
?m3•
approved permit activities are initiated. The submitted amount shall be
$3,600.00 for facilities adjacent to paved travel route roads or $2,400.00
for facilities adjacent to gravel travel route roads, and the amounts will be
listed on Exhibit"A"- Cost Sheet(OFF-SITE).
Road Maintenance Collateral shall be held by County as long as this
Agreement is in effect and returned to Property Owner upon vacation of
associated land use agreement or permit. The Road Maintenance
Collateral will only be accessed by County, if following notification to
Property Owner of required roadway safety related repairs, Property
Owner fails to perform said repairs within the time allowed in County's
notification. If any of this collateral shall be collected by County, Property
Owner shall replace the amount, plus interest, within six (6) months.
7.5.1 Road Maintenance Collateral Option (For Materials Haulers-If
Applicable):
In lieu of cash collateral, Property Owner may submit funds
quarterly to Weld County, at a rate of ten (10) cents per ton, based
on the amount of processed material leaving the site. These funds
will be escrowed by the County and utilized for roadway repairs
specific to the Sub-Division's designated travel route. The first
payment of funds will be due three months after the initial sale of
materials from the Sub-Division site. Subsequent quarterly
payments will be deposited in the associated escrow account until
the Sub-Division permit is terminated. Utilization of this collateral
option will negate any further obligations of the Property Owner to
participate in any future maintenance and/or improvements
projects for the associated Haul Route. Upon vacation of the Sub-
Division for this facility and following determination by Public
Works staff that no immediate repairs are required for the Haul
Route, any remaining funds in the escrow account will be returned
to the Sub-Division Permittee.
7.5.2 Road Maintenance Collateral (For Off-Site Dust Control —If =_—
Applicable):
The total costs for materials and application, will be listed on
Exhibit "A" (OFF-SITE) —Dust Control, of this agreement. These
funds will be utilized by the County for roadway applications g
specific to the Sub-Division's designated travel route, only if the
Property Owner does not adhere to the requirements for dust pan
suppression as specified in Section A.6.0 of this agreement.
Following completion of all construction phases, and/or upon t°o.3
vacation of this Sub-Division, and following determination by -12
ww
Public Works staff that no immediate repairs are required for the ° 4,L.--o
Travel Route, any remaining Dust Control collateral will be rc,v a
returned to the Sub-Division Permittee. N�aY
dayni
mmt
7.6 Acceptable Project Collateral shall be submitted by the Property Owner aav
o u ar
Page 10 of 19
U:\Engineering\PLANNING—DEVELOPMENT REVIEW\--Pre-Accela Referrals(Old Numberingp3-Final Plat(PF,MF,MJF)\PF- 'n aes
1048 Moorea Manor North\Improvements Agreement\PF-1048 Moorea Manor North 2014 Part 2 General Provisions-Final IA(12-30- O a n1
14).does x
1nN r�
tb.%• ^—
mNm
upon execution of this Agreement, as herein defined.
7.6.1 No grading or building permits shall be issued for any site related
activities, on the property and no Site Preparation shall commence
until cost estimates for all improvements are updated, and the
development plans are revised to comply with all current County
standards, policies and regulations, except with prior County
consent. The improvements shall be completed within the time
schedule set forth in Exhibit "B", which is attached hereto and
made a part of this Agreement. "Site Preparation" shall mean
earthwork grading or performance of work, or construction or
installation of improvements related to Property Owner's
operations pursuant to PF-1048 that require a grading or building
permit from the County pursuant to the Weld County Code. In the
event that the Improvements outlined in this Agreement and
Exhibit A are not completed within one year of the execution of
this Agreement Weld County may require Property Owner to
obtain current cost figures for one or more of the Improvements.
7.7 Collateral may be in the form of an irrevocable letter of credit (LOC) in an
amount equivalent to one-hundred percent (100%) of the total value of the
improvements set forth in the Improvements Agreement and the Plat; the
LOC shall be subject to the requirements of Weld County Code Section 2-
3-30 B. The Property Owner shall utilize only a County approved form
when obtaining an LOC: (IRRVEVOCABLE STANDBY LETTER OF
CREDIT FOR BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, COLORADO). A copy of said form shall be provided to
Property Owner upon request.
7.8 Collateral may be in the form of a corporate guaranty given by a legal
entity in good standing and authorized to do business in the State of
Colorado or the applicable governmental licensing agency of the
Guarantor's state of incorporation, in an amount equivalent to one hundred
percent (100%) of the value of the improvements set forth in the
Improvements Agreement and the Plat. The corporate guaranty shall
conform to and be subject to the requirements of Weld County Code
Section 2-3-30 B.4. The Property Owner shall utilize only a County
approved form when obtaining a corporate guaranty: (CORPORATE o
GUARANTY FOR BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, COLORADO). A copy of said form shall be provided
to Property Owner upon request.
N
G
7.9 Collateral may be in the form of a surety bond given by a corporate surety . " x
authorized to do business in the State of Colorado in an amount equivalent aLL or.
to one hundred percent (100%) of the value of the improvements set forth "o:0—
in the Improvements Agreement and the Plat. The surety bond shall N�a
conform to and be subject to the requirements of Weld County Code ma'•
mx�
Section 2-3-30 B.4. The Property Owner shall utilize only a County a'.v-T.
mU a�
Page 11of19
U:\Engineering\PLANNING—DEVELOPMENT REVIEW—Pre-/Veda Referrals(Old Numbering)\3-Final Plat(PF,MF,MJF)\PF- Ow
1048 Moores Manor North\Improvements Agreement\PF-1048 Moorea Manor North 2014 Part 2 General Provisions-Final IA(12-30- M N o
14).docx MN r�
a0� —_
C 9c'i�
approved form when obtaining a surety bond: (PERFORMANCE BOND
FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
COLORADO). A copy of said form shall be provided to Property Owner
upon request.
7.10 Collateral may be in the form of a cash deposit made with the Board in an
amount equivalent to One Hundred Percent (100%) of the value of the
improvements set forth in the Improvements Agreement. In the event the
Property Owner is required to warranty the improvements, the Property
Owner shall replace the original deposit with a deposit in the amount of
fifteen percent (15%) of the original amount and those funds shall remain
available to the County until released by the County at the end of the
warranty period.
7.11 The Board of County Commissioners reserves the right to reject collateral
which is deemed inappropriate or insufficient, which may be either as
collateral in the form of a letter of credit offered by a banking institution
which does not have at least a"three star" rating given by Bauer Financial,
or as collateral in the form of a performance bond offered by an insurance
company which does not have at least a B+ rating given by A.M. Best, or
as collateral in the form of a corporate guaranty offered by a legal entity
which does not have a rating classification of 5A, 4A, or 3A, and does not
have a Composite Credit Appraisal of 1, 2, or 3 given by Dun and
Bradstreet Credit Rating Reports. If the Applicant meets all of the
requirements provided in the previous sentence regarding a corporate
guaranty, the Board may then decide whether acceptance of a corporate
guaranty agreement is appropriate under the circumstances. The Board
may consider (1) the value listed in the improvements agreement, (2) the
net worth of the Guarantor, (3) the Applicant's history regarding
successful local projects, and (4) anything else the Board deems relevant
and appropriate for consideration for a corporate guaranty as a form of
acceptable collateral. The Board further reserves the right to require
Property Owner to obtain replacement collateral if the rating of the
financial institution providing said collateral drops below the levels stated
above. Replacement collateral shall be submitted by Property Owner
within sixty (60) days of the Board's notice to Property Owner that the
rating has fallen and that the collateral must be replaced. Property Owner o-s
may not terminate existing collateral until replacement collateral has been
secured.
o-r
8.0 Request for Release of Collateral: Collateral shall be released in accordance with m r
the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire Nma-
project or for a portion of the project by Weld County, the Property Owner must present a cv9
Statement of Substantial Compliance from an Engineer registered in the State of Colorado. The tnd o9G
Statement of Substantial Compliance shall state that the project or a portion of the project has „n"-0'
2 or
'° z
been completed in substantial compliance with accepted plans and specifications documenting da-Fk
the following: a.
�mx�
OU S
Page12of19 w� i
U:\Engineering\PLANNING—DEVELOPMENT REVIEW\—Pre-Aecela Referrals(Old Numbering)U-Final Plat(PF,MF,MJF)\PF- 08 a=
1048 Moores Manor North\Improvements Agreement\PF-1048 Moores Manor North 2014 Part 2 General Provisions-Final IA(12-30- M N o
14).docx Ng
N
IS)
N e—
aso�
8.1 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.
8.2 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.
8.3 "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 PF-1048 Accepted Construction
Plans and Plat Map, 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.
8.4 The Statements of Substantial Compliance must he accompanied, if
appropriate, by a letter of acceptance of maintenance and responsibility by
the appropriate utility company, special district or town for any utilities.
8.5 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.
8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the
final Construction Plans.
8.7 Following the submittal of the Statement of Substantial Compliance and
written recommendation of acceptance of the improvements by the Weld
County Department of Planning Services and the Weld County MO
Department of Public Works, the Property Owner (if Property Owner has
supplied any or all of the collateral) may request release of the collateral
for the project or portion of the project by the Board. This action will be 8
taken at a regularly scheduled public meeting of the Board.
8.8 Following the written request for partial release of the "Project c°a_
Collateral", the Weld County Department of Planning Services and the tom3
Weld County Department of Public Works County shall inspect the on-site �«
and/or off-site improvements. If the improvements require mitigation or o Law-
ni
further repairs are required, said work must be completed prior to the tortv�
partial release of "Project Collateral". For all off-site and on-site N
improvements (including improvements to public rights-of-way or m¢'
easements), the written request for release of"Project Collateral" shall be a"<v
NyK
Page 13 of 19 0mn1
U:\Engineering\PLANNING—DEVELOPMENT REVIEWI—Pre-Arcela Referrals(Old Numbering)\3-Final Plat(PF,MF,MJF)\PF- en N o
EL-
1048 Moorea Manor North\Improvements Agreement\PF-1048 Moorea Manor North 2014 Part 2 General Provisions-Final IA(12-30- N e a
14).docx o0 N-•o
at9ry,t—
m��
accompanied by "Warranty Collateral" in the amount of fifteen percent
(15%) of the value of the improvements as shown in this Agreement.
8.9 Following the written request for release of the `'Warranty Collateral", the
Weld County Department of Planning Services and the Weld County
Department of Public Works County shall inspect the improvements. If
the improvements require mitigation or further repairs are required, said
work must be completed prior to the conclusion of the Warranty period.
The "Warranty Collateral" shall be released to the Property Owner
following the expiration of the warranty period upon final written
acceptance by the Board of County Commissioners.
8.10 For all off-site and on-site improvements (including improvements to
public rights-of-way or casements), the written request for release of
"Warranty Collateral" shall be accompanied by "Road Maintenance
Collateral" (If Applicable) as specified in Section E.7.5 of this Agreement.
"Road Maintenance Collateral" for roads associated with the designated
travel route shall be maintained as long as the Sub-Division is active.
9.0 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 include a PF-1048 Home Owner's Association, 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. (See paragraphs F. 1.2 and 2.2 below) Consent to a
delegation or an assignment will not be unreasonably withheld by County. In the event of sale of
the Property, County may agree to release Property Owner in whole or in part from obligations
under this Agreement. 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.
10.0 County Engineer: 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.
0
11.0 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 m9S
which County believes constitute the violation. Property Owner shall have fifteen (15) days 4:lac
within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days ova
have elapsed, County believes in good faith that there has been a violation of the terms of this nLL 0
Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of "4,==
this Agreement. Violations of the terms of this Agreement include violations of the agreements i r!
contemplated by Sections C. 4.0 & C. 5.0 of this Agreement, and a failure to enter into such ma's'
Am �
Agreements in a timely manner.
9U an
Page 14 of 19 in -`p
U:\Engineering\PLANNING—DEVELOPMENT REVIEW\—Pre-Accela Referrals(Old Numbering)\3-Final Plat(PF,MF,MJF)\PF- t9 mn
1048 Moorea Manor North\Improvements Agreement\PF-1048 Moorea Manor North 2014 Part 2 General Provisions-Final IA(12-30- 0 n o
14).docx �v>
coNL_
Q mo.
F. Termination of Agreement:
1.0 Termination Event: This Agreement shall terminate upon the earliest of the
following events:
1.1 Cessation of all Permit Related Activities. Termination of this Agreement
shall occur upon Operator's complete cessation of all activities permitted under PF-1048
or any amendments thereto. 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. Operator shall provide written notice to Property Owner and County of
said cessation of activity, which County shall then verify. If written notice is not provided
to County, Termination of this Agreement shall not occur until County has determined
that the Use by Special Review is inactive, which shall be three (3) years following
County's observance of the cessation of activities, as provided in Sec. 23-2-200.E of the
Weld County Code.
1.2 Execution of Replacement "Improvements Agreement According to
Policy Regarding Collateral for Improvements — PF-1048 by New Property Owner: This
Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements—PF-1048 with a
new Property Owner who has purchased the Property, and intends to make use of the
rights and privileges available to it through the then existing Sub-Division.
1.3 Execution of Replacement "Improvements Agreement According to
Policy Regarding Collateral for Improvements — PF-1048 by New Operator: This
Agreement shall terminate following County's execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements—PF-1048 with a
new operator who has assumed the operation of the business on the Property which
business activities are permitted by the then existing Sub-Division.
2.0 Termination Procedures:
2.1 Termination Procedures Following Cessation of Permit Related Activities: MO
Following the events outlined in paragraph 1.1 above, County shall conduct its annualail
road inspection. Said road inspection shall be conducted on or before May 31 following ire
the announcement or determination of the cessation of permit related activities on the
Property. The results of the inspection shall be delivered in writing to the Property Owner
Min
and Operator. If the County determines that pursuant to the terms of this Agreement, the o
Operator must complete any of the improvements and/or road maintenance obligations a
outlined herein, said obligations must be completed within a reasonable period of time N3�
thereafter, but in no event later than six (6) months following the determination that �w
permit related activities have ceased. Collateral shall not be released by County until such �° o o lam
la
time as county determines that all of the improvements have been completed. '- v
.. a-
2.2 Termination Procedures Pursuant to Transfer of Ownership of the ma'!
Property or Transfer of Operations: If the Property Owner or Operator desires to assign
P Y P g
its rights and obligations under this Agreement to a successor Property Owner or
-•_
Page l5 of 19 emalie
II:\Engineering\PLANNING—DEVELOPMENT REVIEW\—Pre-Accela Referrals(Old Numbering)\3-Final Plat(PF,MF,MJF)\PF- fel N�o
1048 Moorea Manor North\Improvements Agreement\PF-1048 Moorea Manor North 2014 Part 2 General Provisions-Final IA(12-30- N i aat
14).docx W N�
Operator, the Property Owner or Operator shall, prior to the transfer, provide County with
a written Notice to Transfer, stating the date of transfer, and identifying the party to
whom the transfer shall be made. Following receipt of the Notice to Transfer, County
shall inspect the improvements required under the terms of this Agreement to determine
whether the improvements have been completed. If the improvements have not been
completed, the Property Owner and/or Operator shall either complete the improvements
or post collateral equal to the cost of the completion of the improvements, if such
collateral is not in place. If collateral is available at the time, County shall hold a hearing
to determine whether the collateral should be called upon to pay County or a contractor
of the County to complete the improvements. County shall also inspect the road(s) which
are covered by this Agreement to assess the current condition of the road(s) and
determine whether Operator and/or Property Owner would be required to perform road
maintenance within the following twelve months had the Agreement not been assigned. If
road maintenance is, in the opinion of County, required, Property Owner and/or Operator
shall be required to either perform the road maintenance or to post collateral equal to the
cost of said maintenance. County shall not execute a new Improvements Agreement
According to Policy Regarding Collateral for Improvements — PF-1048 with a successor
Property Owner and/or Operator prior to the performance of the road maintenance or the
posting of collateral for said maintenance, unless the new Property Owner and/or
Operator posts collateral for the required maintenance.
3.0 Consequence of Termination by Cessation of Permit Related Activities:
Following County's confirmation that Property Owner and/or Operator has/have ceased all
permit related activities and has/have completed previously uncompleted Improvements and or
completed any required road maintenance, County shall release Property Owner and/or Operator
from all further obligations under this Agreement. No Further permit related activities shall be
permitted unless and until approved by County following execution of a new Improvements
Agreement According to Policy Regarding Collateral for Improvements — PF-1048 with a
Property Owner and Operator.
4.0 Consequence of Termination by Execution of Replacement Improvements
Agreement: Following County's execution of an Improvements Agreement According to
Policy Regarding Collateral for Improvements — PF-1048 with a successor Property Owner
and/or Operator, the predecessor Property Owner and/or Operator shall have no further rights
and/or obligations under this Agreement or in PF-1048.
5.0 Consequence of Termination Pursuant to Section E.11.0: In the event that o
activities related to PF-1048 cease as a result of the revocation of the permit as described in 3
Section E.11.0 of this Agreement, neither Property Owner nor Operator will be released from DM-
any of the obligations imposed by the terms of this Agreement only after Property Owner's
successful completion of all improvements required under this Agreement or after County tom35.
accesses the collateral to the extent necessary to complete improvements County, in its sole NwLfe
.•
discretion, deems necessary to preserve public interests. o v9Q
0) vow
a
G. Governmental Immunity: No term or condition of this agreement shall be construed or is
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections ma°
or other provisions, of the Colorado Governmental Immunity Act 24-10-101 et seq., 1°°'Y�
§§ as acv-i
applicable now or hereafter amended. m
zsi
in Page 16 of 19 ^
\ nom
U:\EngineeringPLANNING—DEVELOPMENT REVIEW\—Pre-Accela Referrals(Old Numbering) Plat(PF,MF,MJF)\PF- MN a 'II
1048 Moorea Manor North\Improvements Agreement\PF-1048 Moorea Manor North 2014 Part 2 General Provisions-Final IA(12-30- Np ra
14).doex 00 .—
e
•
H. Enforcement: If, in the 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 the County believes
constitute violation. Property Owner shall have thirty (30) days within which to either cure the
violation or demonstrate compliance. lf, after thirty (30) days have elapsed, County believes in
good faith that a violation of the terms and conditions of this Agreement still exists (despite
cure), County may enforce by any legal means, including, but not limited to, legal action for
equitable or monetary relief filed in the Weld District Court, execution upon submitted collateral
(if applicable), and/or administrative action of the County to suspend or revoke the underlying
land use permit or approval pursuant to the procedural provisions of Section 2-4-40 of the Weld
County Code. Violations of the terms and conditions of this Agreement include, but are not
limited to, violations of the agreements Property Owner must enter into as required by this
Agreement, and/or failure to enter into such agreements in a timely manner.
1. 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.
J. 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.
4085330 Pages: 20 of 26
02/24/2015 10:49 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder. Weld County, CO
VIII M1�1�'!.4l1rY�i'1+r I� '�OF, LIl3�i����ropitniyi, iI III
Page 17 of 19
U:\Engineering\PLANNING—DEVELOPMENT REVIEW\—Pre-Accela Referrals(Old Numbering)\3-Final Plat(PF,ME,MJF)\PF-
1048 Moorea Manor North\Improvements Agreement\PF-1048 Moorea Manor North 2014 Part 2 General Provisions-Final IA(12-30-
14).docx
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
PROPERTY / /
OWNERS: /
SIGNATURE � - \ `k.'"�
PRINTED NAME I ' �"=, C �� � ,_1
TITLE (If Applicable)
STATE OF COLORADO
ss. BRIAN WILLIAM BETTERMAN
County of Weld ) NOTARY PUBLIC
I STATE OF COLORADO
.r. C.^-;"s:SS. N EX?',RES 0627;2015
The foregoing instrumenA was acknowledged before me thisIIII. day of'?.-nr1 ,
2014, b £ 1:.5 p •hr. d+ t 1
26,r two
WI S my hand and official seal. ---
Nota Public
My commission Expires: OG .2- R- tic t
SIGNATURE
PRINTED NAME
TITLE (If Applicable)
STATE OF COLORADO )
ss.
County of Weld )
The foregoing instrument was acknowledged before me this day of
2014, by
WITNESS my hand and official seal.
Notary Public
My commission Expires: 4085330 Pages: 21 of 26
02/24/2015 10:49 AM R Fee:$0.00
Carly Koppes, Clerk and Recordorderr.. Weld County, CO
YU EIIII
Page 18 of 19
U:\Engineering\PLANNING—DEVELOPMENT REVIEW\—Pre-Accela Referrals(Old Numbering)l3-Final Plat(PF,MF,MJF)\PF-
1048 Moores Manor North\Improvements Agreement\PF-I048 Moorea Manor North 2014 Part 2 General Provisions-Final IA(12-30-
14).docx
O2,0/0— CO2 7 �
LESSEE (If Applicable):
SIGNATURE
PRINTED NAME
TITLE
STATE OF COLORADO )
ss.
County of Weld )
The foregoing instrument was acknowledged before me this day of
2014, by
WITNESS my hand and official seal.
Notary Public
My commission Expires:
4085330 Pages: 22 of 26
02/24/2015 10:49 RM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, Co
IIIIRMIIII.6,1aLlgalihrlinPEVIVNivi1I III
+`$/% :La BOARD OF COUNTY COMMISSIONERS ATTEST: death) I� - _
Weld Canty Clerk to the 'ar ',; %WELD COUNTY, COLORADO
/ / test 411
BY: _ 4s. •' c�: �* . 1�.. i 11_._� �
Deputy Cl:rk to the Bo\ arbara Kirkmeye , Chair JA 2 6 2015
--
APPROVED ASS TO FORM: APPROVED AS T NCE:
County Attorney El d cial or De ment Head
ROVED AS T FUNDING:
Page 19 of 19
U:\Engineering\PLANNING—DEVELOPMENT REVIEW\--Pre-Accela Referrals(Old Numbering)\3-Final Plat(PF,MF,MJF)\PF-
1048 Moorea Manor North\Improvements Agreement\PF-1048 Moorea Manor North 2014 Part 2 General Provisions-Final IA(12-30-
14).docx
,i 04 00772
Name of Facility: Moorea Manor NorthFiling/Case#: Location: WRC 21.5
Personnel Contact:Name C \ r:.� �.1 ,t t U Title: f y, -.k�..,... L i Phone:
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this facility the[ollowing imerovements.
Improvements ll =�rT� . . . . . . . . . .
(Leave spaces blank where they do not apply) - E.... '
Quantity Units Unit Costs($) Estimated Construction
Cost($)
J,PUBLIC WORKS]
Site Grading
Street Grading 1688 CY $5.00 $8,440
Street Base,Gravel for Parking 1273 CY $35.00 $44,555
Street Paving 3010 SY $16.00 $48,160
Pavement Marking
Curbs,Gutters,and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention/Detention Ponds 1 Lump Sum $74,900 $74,900
Road Culvert 1 Lump Sum $15,125 $15,125
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Entrance/Access(per Sec.E.7.2)
Erosion Control Measures/BMP's 1 Lump Sum $46,960 $46,960
Road Maint.Collateral(per Sec.E.7.5)
Dust Control(per Sec.E.73.2) 26 Ac $100 $2,600
Fire Hydrants 3 Each $3,000 $9,000
Survey,Street Monuments/Boxes 1 Lump Sum $10,000 $10,000
PLANNING SERVICES j
Parking Area,Curb Stops,Bus Kiosks
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping,Seeding,Trees,etc.
Park Improvements
Handicap Accessibility,Parking& Rails 4085330 Pages: 23 of 26
y 02/24/2015 10:49 RR R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld Country CO
Septic Systems
VIIIM��1�,4l4��h��aII�LR,�tk1�l �l�?I �J�IIti II III
SUB-TOTAL: •
(1 eshng,inspection,as- mlt plans and work in adi Mon to preliminary and
Engineering and Supervision Costs($) final plat;supervision of actual construction by contractors) $15,000
TOTAL ESTIMATED COST OF IMPROVEMENTS,ENGINEERING AND SUPERVISION ($) $274,740
. . . . . . . . . . . . . . . . . . .e�. . .(.O. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
E�kI�I�TT � = S = � �>Eiau�� a��
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 improvement al be ompleted according to the construction schedule set out in Exhibit B
By:
Applicant
c' t
z � +�� 1/44) �'�i. ,d ,.' � �\lutv,ue Date I - f `-1 , 20 ( t�,
Title
By:
Applicant
Date ,20
Title
4085330 Pages: 24 of 26
02/24/2015 10:49 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder. Weld County, CO
lIIIEllidi'fjW' .IN NUIIN 'N'P'C I T,lh1i&ri1lIIII
[BRIAN'WILLIAM BETTERMAN nnrt.0
NOTARY PJBLIC 7r Arapahoe
=TATS OF COLORADO B :m114 i`—Ker4 a notary public, do certify
=— that on the y t_~_ days, T—..--. 20ir ,
MY COMMISSION EXPIRES 06;27'2015 I personally made '.'=---- ve//attached copy of
Ekt.'l6;-F - -Ceci-St..+ from the original,
and it is a true,exact, ^ a,an u tered copy.
ry
My CM; nex:iCIS ae1Z A •t5—
EXHIBIT B- Time Schedule(ON-SITE) & (OFF-SITE)
Name of Subdivision,PUD,USR,RE,SPR: fliUL :"'Y\ 1NL••• Filing/Case#: _ Location: L
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 umprovements listed in Exhibit A shall be completed as follows:
Improvements Time Schedule
(Leave spaces blank where they do not apply)
(ON SITE} (OFF-SITEZ
PUBLIC WORKS 1,
Site Grading
P.116 ._k
Street Grading
Street Base,Gravel for Parking ++
j V t ' \�i
Street Paving
tc - tl-,
Pavement Marking
Curbs,Gutters,and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention/Detention Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Entrance/Access
Erosion Control Measures/BMP's
Fire Hydrants
Survey,Street Monuments/Boxes
, PLANNING SERVICES j
Parking Area,Curb Stops,Bus Kiosks
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping,Seeding,Trees,etc.
Park Improvements
Handicap Accessibility,Parking&Rails
Septic Systems
Final Completion Date for Entire Project
i l�� J 4085330 Pages: 25 of 26
02/24/2015 10:49 AM R Fee:$0.00
Carly Koppes. Clerk and Recorder, Weld County CO
■III rAinilli IINIVA llelig,+ rilliA%Ui ariTi llyi, f II I
EXHIBIT B - 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. 7'
By: ' _ (
Applicant )
7 1 I .aL. \,/'‘.-.L:`e r,' Date ( . IL ( 20 )(1
Title
By:
Applicant
Date ,20
Title
4085330 Pages: 26 of 26
02/24/2015 10:49 R11 R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
IIIII IMPIIVAlkiiMihilliI VifiC nillyi, till
g,:'�w;k„� ,..•..' . a notary public, do certfl i
,' 1i1I1 d!..;��AYAf f
<+ �sonaSf`m� •r, :tR----h—d--
. acecoPY. or
t ifs: — S, ,.,,(, from the onginaI,
I BRIAN WI WAM BETTERMAN ;_s a true,exac,C unaltered copy.
j NOTARY PUBUC
STATE OF COLORADO {co31} (`pry ,! J � ! S
MY C "':).:5SIONEX�'.?FS06'27/2015 , 4s Z
O:1New Version Agreement\Exhibits120131Exh B Time Schedule-F INAL(2013).xlsx
Hello