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Replacement collateral shall be submitted by Property Owner within sixty <br />(60) days of the Board's notice to Property Owner that the rating has <br />fallen and that the collateral must be replaced. Property Owner may not <br />terminate existing collateral until replacement of collateral has been <br />secured. <br />8.0 Request for Release of Collateral: Collateral shall be released in accordance with <br />the provisions of Weld County Code Section 2- 3 -30.C. Prior to release of collateral for the <br />entire project or for a portion of the project by Weld County, the Property Owner must present a <br />Statement of Substantial Compliance from an Engineer registered in the State of Colorado <br />(hereafter "Engineer "), that the project or a portion of the project has been completed in <br />substantial compliance with approved plans and specifications documenting the following: <br />8.1 The Property Owner's Engineer or his representative has made regular <br />on -site inspections during the course of construction and the construction <br />plans utilized are the same as those accepted by Weld County. <br />8.2 For the improvements to public rights -of -way or easements, test results <br />must be submitted for all phases of this project as per Colorado <br />Department of Transportation (CDOT) Schedule for minimum materials <br />sampling, testing and inspections found in CDOT Materials Manual. <br />8.3 "As- built" plans shall be submitted at the time the letter requesting release <br />of collateral is submitted. The Property Owner's Engineer shall certify <br />that the project "as- built" is in substantial compliance with the plans and <br />specifications as approved, or that any material deviations have received <br />prior written acceptance from the County Engineer. <br />8.4 The Statements of Substantial Compliance must be accompanied, if <br />appropriate, by a letter of acceptance of maintenance and responsibility by <br />the appropriate utility company, special district or town for any utilities. <br />8.5 Following the submittal of the Statement of Substantial Compliance and <br />written recommendation of acceptance of the improvements by the Weld <br />County Department of Planning Services and the Weld County <br />Department of Public Works, the Property Owner (if Property Owner has <br />supplied any or all of the collateral) may request release of the collateral <br />for the project or portion of the project by the Board. This action will be <br />taken at a regularly scheduled public meeting of the Board. <br />8.6 For all off -site and on -site improvements (including improvements to <br />public rights -of -way or easements), the request for release of "Project <br />Collateral" shall be accompanied by "Warranty Collateral" in the amount <br />of fifteen percent (15 %) of the value of the improvements as shown in this <br />Agreement. However, collateral for improvements fully accepted for <br />maintenance by a responsible governmental entity, special district or <br />utility company will be fully refunded to Property Owner. <br />12 <br />1 11111111111111111111111 IN 11111111111111111111 III 1111 <br />3791261 09/09/2011 11:42A Weld County, CO <br />12 of 17 R 0.00 D 0.00 Steve Moreno Clerk & Recorder <br />