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Home My WebLink About20103464.tiff • POC Planner ' " Plat Checklist • Item Comments Check I Check Proper size and material 4" x 36" 18"x 24"/Minimum.3 millimeter polyester sheet i '°°'°r. Lettering No stick-on lettering / Minimum 8 pt.lettering Boundaries of Lots Scale • Suitable Scale? (1"=200'0 1'=10 ' 1..! . r-- v� Accesses indicated Shared Access?If so,is easement Certificate included? Roads labeled,including 1.7..... R.O.W Building Envelope(s) c'' • ~Vicinity Map Suitable Scale?(Minimum 1" =2000') le°d11.C:' North Arrow Legal Description Notes from Planner/ —-- - -- --- _. Development Standards - Conditions of Approval " 921C Og (611C/1-- - - . Owner's Certificate Notarial Certificate included? All owners must sign the plat, 1 -- check the deed. Surveyor's Certificate and All surveyed plats Surveyor's Stamp Note:USR plats do not need to be surveyed • Director of Planning Notarial Certificate included? (RE,SE, SPR,Final PUD if ' t...../..---- Certificate - Staff Approved) Planning Commission (USR, COZ,Minor Sub.Final) Certificate Board Certificate (USR, COZ„ Minor Sub Final) (Final PUD,RE, SE&ZPMH if B oard approved) Typical Road Cross Section , (COZ, Final Minor Sub. and Final PUD) Easements Ct Please return the pint to the C Technician within 24 hours of receiving the plat. flp 1 d0 Planner on Call: 'tials) • Planner Si mat-_e: Date: . c70/0-3' 5/ ,#) ,73,3- Michelle Martin From: Clayton D. Kimmi Sent: Thursday, June 13, 2013 4:23 PM To: Michelle Martin Cc: Clayton D. Kimmi Subject: RE: Construction Drawings for Schrage PUD I have received the construction drawings and have provided them to Rich. I had no comments on them. Clay Kimmi, P.E.,CFM Drainage & Floodplain Engineer Weld County Public Works 1111 H St PO Box 758 Greeley, CO 80632-0758 O: 970-304-6496 x 3741 F: 970-304-6497 • ! 36t 2 Ji i '!I£{eli:.d V,,,7Y U Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Michelle Martin Sent: Thursday,June 13, 2013 4:18 PM To: Clayton D. Kimmi Subject: FW: Construction Drawings for Schrage PUD Clay, Is this true? Do you have everything you need for me to record the plats? Michelle Martin Planning Manager 1555 N 17th Ave Greeley,CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 1 Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Dennis Messner [mailto:dennis©messnereng.com] Sent: Thursday, June 13, 2013 4:20 PM To: Michelle Martin Cc: Ted Schrage Subject: FW: Construction Drawings for Schrage PUD Michelle, Here is Clay Kimmi's e-mail that he sent to us after he had finished his review of the revised construction drawings. forwarded the set of signed and sealed prints to him on the 31st. I copied you on the transmittal letter that I included with the prints. So, I believe that everything is done on this end. Dennis R. Messner, P. E. Consulting Civil Engineer 1355 N. Cleveland Ave., Ste#1 Loveland, CO 80537 Telephone: (970)461-3501 Mobile: (970)402-4360 E-mail: dennisc messnerenq.com Original Message From: Clayton D. Kimmi [mailto:CKimmk co.weld.co.us] Sent: Thursday, May 16, 2013 11:12 AM To: Dennis Messner Cc: Clayton D. Kimmi; Michelle Martin Subject: Construction Drawings for Schrage PUD Dennis, I have finished the review of the construction drawings. I have no comments regarding the drawings. I need a set of stamped,signed, and dated drawings from you. Thanks Clay Kimmi, P.E.,CFM Drainage& Floodplain Engineer Weld County Public Works 1111 H St PO Box 758 Greeley,CO 80632-0758 O: 970-304-6496 x 3741 2 Michelle Martin From: Stephanie Arries Sent: Monday, June 03, 2013 10:39 AM To: Richard Hastings; Michelle Martin Cc: Donald Carroll; Elizabeth Relford Subject: RE: Schrage PUD (PF-1079): Exhibits Package fr Dennis Messner for staff review Rich—I looked at my notes from when I reviewed the covenants for this project...The property is owned by a Trust. What you will need is evidence that the lady signing for Theodore Schrage is either an attorney or has a power of attorney.—That information or document should be recorded with the improvements Agreement when it is recorded. Stephanie L. Arries Assistant Weld County Attorney 1150 "O" Street P.O. Box 758 Greeley, Colorado 80632 Tel: 970-356-4000 ext 4394 Fax: 970-352-0242 Email: sarriesco.weld.co.us ",,c rte 44, s 1O1 STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. From: Richard Hastings Sent: Monday, June 03, 2013 8:59 AM To: Michelle Martin Cc: Donald Carroll; Elizabeth Relford; Stephanie Arries Subject: Schrage PUD (PF-1079): Exhibits Package fr Dennis Messner for staff review Michelle, Please find attached,the above-mentioned Exhibits Package for PF-1079 that I received today.As this is an older version of the Exhibits, it includes Water Supply($55,930.00)which is no longer required to be collateralized.Other than that line item,the rest of improvements listed appear to be adequate.Also, I have a date of 4/18/11 as the last IA version you sent to Ted Schrage. Is that correct or were there more recent versions sent to Ted?Also, I see that Ted did not sign the Exhibits but that the"Trustee"did. Do we need some type of verification of the legitimacy of the signee? Thanks, Rich Richard Hastings Compliance Analyst&Construction Inspector 1 Weld County Public Works 1111 H Street, P.O. Box 758 Greeley, CO 80632 (970)304-6496 Ext. 3727 Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Dennis R. Messner, P. E. Consulting Civil Engineer TRANSMITTAL LETTER DATE: May 31,2013 PROJECT NO: 1031—GRD- 12 The Meadows Estates—PUD P-1079 Weld County, CO TO: MICHELLE MARTIN WELD COUNTY PLANNING 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 WE TRANSMIT THE FOLLOWING: FOR YOUR: ttached 0 Prints/Bluelines 0 Use O Under Separate Cover Ci Originals O Approval O Information Below O Copy of Letter I' formation C)Applications 0 Review& Comment 0 Specifications O Material Returned AOther E7 Revise&Resubmit Number of Copies Dated Sheets Description 1 4 Subdivision Improvements Agreement Exhibits A&B Remarks: Michelle, Attached are copies of the the above listed items that I am forwarding for your use and records. Please note that I have forwarded the same to Rich Hastings. I have also forwarded a set of sealed and signed final construction plans to Clay Kimmi. If you should have any questions, please conta m Signed: Dennis . Messner, . . cc: Ted Schrage&Rick Zier 1355 N.Cleveland Ave.,Ste#1 * Loveland, Colorado 80537 * Telephone:(970)461-3501 r.: • - EXHIBIT A- Cost Sheet(ON-SITE) Name of Subdivision,PUD,USR,RE,SPR: THE MEADOWS ESTATES—P.U.D. Filing/Case#: P—1079 Location: NE'/SEC.6.T4N,R68W Personnel Contact: Name THEODORE (TED) SCHRAGE Title OWNER Phone 970-290-4186 Intending to be legally bound the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. Improvements (ON-SITE) (Leave spaces blank where they do not apply) Quantity Ihijk Unit Costs($1 Estimated Construction Cost($) Site Grading Street Grading LUMP SUM $20,000.00 $20,000.00 Street Base 1,120 TON $26.00 $29,120.00 Street Paving 4,000 SQ.YD. $12.00 $48,000.00 Entrance Improvements(Per Sec. E.-7.2) LUMP SUM $5,400.00 $5,400.00 Curbs,Gutters,and Culverts Sidewalk Stormwater/Drainage Facilities Retention/Detention Ponds Road Culvert LUMP SUM $3,450.00 $3,450.00 Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Water Supply LUMP SUM $55,930.00 $55,930.00 Erosion Control Measures/BMP's LUMP SUM $5,500.00 $5,500.00 Fire Hydrants 3 EACH $4,250.00 $12,750.00 Survey,Street Monuments/Boxes Parking Area Street Lighting Street Names Signage&Pavement Marking LUMP SUM $750.00 $750.00 Fencing Requirements Landscaping(Seeding,Trees,etc.) LUMP SUM $750.00 $750.00 Park Improvements SUB-TOTA_L; $181,650.00 Engineering and Supervision Costs$7,500.00 (Testing,inspection,as-built plans and work in addition to preliminary and final plat•,supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION: $189,150.00 . EXHIBIT A - Cost Sheet (ON-SITE) - Signature Page The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B BY: �` ��' CAL¢ DATE: APRIL 3 , 2013 THEODORE G ,TRUSTEE For SCHRAGE LIVING TRUST 414 EXHIBIT B - Time Schedule(ON-SITE) & (OFF-SITE) Name of Subdivision,PUT),USR,RE,SPR: The Meadows Estates P.U.D. Filing/Case It: P-1079 Location: M1't'h Sec.6,T4N,ROW Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this fadlity the following improvements. All improvements shall be completed within Three(3) years from the date of recording of the final plat. Construction of the improvements listed in Exhibit A shall be completed as follows: Improvements Time Schedule (Leave spaces blank where they do not apply) (0'V-SITE 1 (OFF-SITE 1 Site Grading Street Grading October 2013 Street Base October 2013 Street Paving May 2014 v Curbs,Gutters, and Culverts Sidewalk Stormwater/Drainage Facilities Retention/Detention Ponds Road Culvert October 2013 Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities _ ~ Sanitary Sewer Forced Main Erosion Control Measures/BMP's LateraLs(house or building connected) Water Supply and Storage Water Mains(includes bore) September 2013 Fire Hydrants September 2013 Survey, Street Monuments/Boxes Parking Area Street Lighting Street Names Signage& Pavement Marking June 2014 Fencing Requirements Landscaping May 2014 Park Improvements Telephone June 2014 Gas June 2014 Electric June 2014 �� M Water Transfer 1 innl Completion Date far Entire Protect August 2014 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. By: 1ThCc/ �J - ' /� czs Date: APRIL 3 , 2013 THEODORE H. SCHRAGE,TRUSTEE For SCHRAGE LIVING TRUST - Dennis R. Messner, P. Consulting Civil Engineer TRANSMITTAL LETTER DATE: May 31,2013 PROJECT NO: 1031—GRD- 12 The Meadows Estates—PUD P-1079 Weld County, CO TO: CLAYTON KIlVEVII,P.E. WELD COUNTY ENGINEERING 1111 'H' STREET GREELEY, COLORADO 80632-0758 WE TRANSMIT: THE FOLLOWING: FOR YOUR: iitAttached .*Paints/Bluelines e O Under Separate Cover O Originals O Approval O Information Below O Copy of Letter O Information O Applications O Review& Comment O Specifications O Material Returned O Other O Revise& Resubmit Number of Copies Dated Sheets Description 1 15 Subdivision Improvements Plan Set Remarks: Clay, I am forwarding the attached print set for the Count's use. If you should have any questions, please co ct Signed: Dennis . Messne , P. . cc: Ted Schrage&Rick Zier 1355 N. Cleveland Ave., Ste#1 Loveland,Colorado 80537 Telephone: (970)461-3501 Dennis R. Messner, R . Consulting Civil Engineer TRANSMITTAL LETTER DATE: May 31,2013 PROJECT NO: 1031 —GRD- 12 The Meadows Estates—PUD P-1079 Weld County, CO TO: RICH HASTINGS WELD COUNTY ENGINEERING 1111 'H' STREET GREELEY, COLORADO 80632-0758 WE TRANSMIT: THE FOLLOWING: FOR YOUR: tached O Prints/Bluelines O Use O Under Separate Cover 0 Originals O Approval O Information Below O Copy of Letter O Information O Applications -13. & Comment O Specifications O Material Returned O her O Revise& Resubmit Number of Copies Dated Sheets Description 1 4 Subdivision Improvements Agreement Exhibits A& B Remarks: Rich, I am forwarding the attached Exhibits for your review and acceptance. If you should have any questions, please con Signed: 1 Dennis . Messner, P. . cc: Ted Schrage&Rick Zier 1355 N. Cleveland Ave., Ste#1 Loveland, Colorado 80537 * Telephone: (970) 461-3501 r ' Durable General Power of Attorney Theodore Schrage I,Theodore Schrage,whose address is 23505 Weld County Road 3, Loveland, CO 80537, (the"PRINCIPAL"),designate my Spouse, Mary Martin Schrage(the"AGENT"),as my attorney-in- fact and agent in my name and for my benefit pursuant to the general provisions of§15-1-1301, et. seq., Colorado Revised Statutes. A. General Grant of Power. Except as expressly provided to the contrary in paragraph E, to exercise or perform any act, power, duty, right or obligation whatsoever that I now have or may hereafter acquire, relating to any person, matter, transaction or property, real or personal,tangible or intangible, now owned or hereafter acquired by me, including, without limitation, the following specifically enumerated powers. I grant to the Agent full power and authority to do everything necessary in exercising any of the powers herein granted as fully as I might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that the Agent—shall lawfully do or cause to be done_by virtue of-tliis power of attorney_and-the powers herein granted. These powers shall include but not be limited to the following. 1. Powers of Collection and Payment. To forgive, request, demand, sue for. recover, collect, receive, hold all such sums of money, debts, dues, commercial paper, checks, drafts, accounts, deposits, legacies, bequests, devises, notes, interests, stock certificates, bonds, dividends, certificates of deposit, annuities, pension, profit sharing, retirement, social security, insurance and other contractual benefits and proceeds, all documents of title, all property, real or personal, intangible and tangible property and property rights, and demands whatsoever, liquidated or unliquidated, now or hereafter acquire an interest, to have, use and take all lawful means and equitable and legal remedies and proceedings in my name for the collection and recovery thereof, and to adjust,sell,compromise, and agree for the same,and to execute and deliver for me,on my behalf,and in my name,all endorsements,releases,receipts,or other sufficient discharges for the same; 2. Power to Acquire and Sell. To acquire, purchase, exchange, grant options to sell,and sell and convey real or personal property,tangible or intangible,or interest therein, on such terms and conditions as my agent shall deem proper; 3. Management Powers. To maintain,repair,improve,invest,manage,insure,rent, lease, encumber, and in any manner deal with any real or personal property, tangible or intangible, or any interest therein, that I now own or may hereafter acquire in my name and for my benefit, upon such terms and conditions as the Agent shall deem proper; Page 1 4. Banking Powers. To make, receive and endorse checks and drafts, deposit and withdraw funds, acquire and redeem certificates of deposit, in banks, savings and loan associations and other institutions, execute or release such deed of trust or other security agreements as may be necessary or proper in the exercise of the rights and powers herein granted; 5. Motor Vehicles. To apply for a Certificate of Title upon,and endorse and transfer title thereto, for any automobile, truck, pickup, van motorcycle or other motor vehicle, and to represent in such transfer assignment that the title to said motor vehicle is free and clear of all liens and encumbrances except those specifically set forth in such transfer assignment; 6. Business Interests. To conductor participate in any lawful business of whatever nature for me and in my name;execute partnership agreements and amendments thereto; incorporate, reorganize, merge, consolidate, recapitalize, sell, liquidate or dissolve any business; elect or employ officers, directors and agents; carry out the provisions of any agreement for the sale of any business interest or stock therein;and exercise_voting rights with respect to stock, either in person or by proxy, and exercise stock options; 7. Tax Powers. To prepare, sign and file joint or separate income tax returns or declarations of estimated tax for any year or years; to prepare, sign and file gift tax returns with respect to gifts made by me for any year or years; to consent to any gift and to utilize any gift-splitting provision or other tax election; and to prepare, sign and file any claims for refund of any tax; 8. Safe Deposit Boxes. To have access at any time or times to any safe deposit box rented by me, wheresoever located, and to remove all or any part of the contents thereof, and to surrender or relinquish said safe deposit box, and any institution in which any such safe deposit box may be located shall not incur any liability to me or my estate as permitting my agent to exercise this power. a result of pe g g 9. Government Obligations. To acquire, purchase, sell,exchange and redeem any obligations or securities(of every nature, including bills, notes and bonds, all regardless of series)of the United States or any of its agencies, of any state or any agencies thereof, of any other government or municipality, of any obligations or securities backed by the full faith and credit of the United States or any other government, and any obligations or securities for which the United States Treasury Department or any other government agency acts as transfer agency. 10. Power to Make Gifts. I give the Agent the power and authority to make gifts to charity or other objects as I might have been expected to make of a similar kind and nature Page 2 which, in the sole opinion of the Agent, are consistent with my prior actions and which, in the sole opinion of the Agent, are not needed for my health, support or welfare. Furthermore,if I have made a will or a memorandum disposition of personal property which disposes of certain tangible personal property upon my death,and if the Agent in good faith determines (a)that I am incapacitated to the point I am unable to make any decisions with respect to such property; (b) I am unlikely to recover to the point where I would be able to make such decisions; and(c)that such property or the proceeds from the sale thereof are not necessary for my own health, support or welfare, I hereby grant the Agent the power and authority during my lifetime to make delivery of such gifts to those persons who would take such property as if I were then deceased. In order to assist the Agent in making any decisions under this provision, I hereby authorize any attorney, accountant, physician, hospital or other person who may have information which might be deemed confidential to release such information to the Agent upon the request of the Agent, any privilege hereby being expressly waived as to such disclosures to the Agent only(such waiver should not be deemed a general waiver of any privilege). B. Interpretation. This instrument is to be construed and interpreted as a general power of attorney. The enumeration of specific powers herein is not intended to, nor does it, limit or restrict the general powers herein granted to the Agent. C. Third-Party Reliance. Third parties may rely upon the representations of the Agent as to all matters relating to any power granted to the Agent, and no person who may act in reliance upon the representations of the Agent or the authority granted to the Agent shall incur any liability to me or my estate as a result of permitting the Agent to exercise any power. D. Disability of Principal. Pursuant to§15-1-1303 Colorado Revised Statutes,this General Power of Attorney will continue to be effective even though I become disabled, incapacitated or incompetent. E. Fiduciary Powers. Notwithstanding any other provision of this General Power of Attorney,the Agent shall have no rights or powers hereunder with respect to any act, power,duty, right or obligation, relating to any person, matter, transaction or property, owned by me or in my custody as a trustee, custodian, personal representative or other fiduciary capacity. Dated this . day of .);=41 :,L , 20 J , r a i Theodore Schrage Principal Page 3 a I and each of us hereby declare that the person who executed this document in my presence is personally known to me, and that she appears to be of sound mind and under no duress, fraud, or undue influence. I am not the person appointed as Agent by this document. WITNESSES: WIT SS WITNESS STATE OF COLORADO COUNTY OF LARIMER On the above written date, before came Theodore Schrage,to me known and known to me to be the Principal described in the foregoing Durable General Power of Attorney who swore to the foregoing Durable General Power of Attorney and who acknowledged to me that said Principal executed said instrument. / Further, on this the above written date, came AL 7 j/r7/ and T05111/4. 1740frtv,S 1--- to me known and known to me to be the Witnesses described in the foregoing Durable General Power of Attorney,and each of whom swore to me that: 1)(s)he personally knows the Principal; 2)(s)he witnessed the Principal execute said instrument in his(her) presence; 3)the Principal appeared to him(her) at the time of execution of said instrument to be of sound mind and under no duress, fraud, or undue influence; and 4) (s)he is not the person appointed as Agent by said instrument. Witness my hand and official seal. (:)61 My Commission Expires: t _l-2-0/ Notary Public t /J - 69 9 k a.. L v -t-t° �c 1 Page 4 Michelle Martin From: Clayton D. Kimmi Sent: Thursday, May 16, 2013 11:12 AM To: Dennis Messner Cc: Clayton D. Kimmi; Michelle Martin Subject: Construction Drawings for Schrage PUD Dennis, I have finished the review of the construction drawings. I have no comments regarding the drawings. I need a set of stamped,signed, and dated drawings from you. Thanks Clay Kimmi, P.E.,CFM Drainage 8t Floodplain Engineer Weld County Public Works 1111 H St PO Box 758 Greeley,CO 80632-0758 O: 970-304-6496 x 3741 F: 970-304-6497 is aa � i yre£i€a,,-do'vE,Tt i I Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 Michelle Martin From: Michelle Martin Sent: Thursday, March 28, 2013 4:14 PM To: 'Dennis Messner'; 'mmartinschrage@gmail.com'; 'rickzier@aol.com' Cc: Brad Yatabe Subject: PF-1079 Attachments: PF-1079 Schrage PUD Imp Agmt Final 4-18-11 (2).docx; Exhibits-Combined (2012) Update.pdf Hi Everyone, As we discussed in our meeting today attached is a copy of the improvements agreement and the exhibits which I will need filled out and returned to me. The recording fees are as follows: Plats-$21.00 WELD C1Y..R:LENNiNG NOR'T Quit Claim Deed-$11.00 155`0 N 17TH AVE GREELEY, CO 80631 Covenants-$216.00 Merchant ID: 00000000001552527 Total-$248.00 Term 31c 02337425 107043166999 Sale Michelle Martin Planner Ill MC 1555 N 17th Ave Greeley,CO 80631 AAXXXAAb,AA.AC ID0 mmartin@co.weld.co.us Entry Ne`H a PHONE: (970)353-6100 x 354O I,"lifl 1 � 1chi: 4635 FAX: (970)304-6498 t�NflYd. Glli,llr 6aLliin� d4JCV! ..,� I/13 33:56;1? teat 'j " Inv n; U0@@Q1 Ivor Code: 1@64IE N8.16] _ � Confidentiality Notice:This electronic tr tents or other writings are intended only for the person or entity to which it is addre Customer COPY -tat is privileged,confidential or otherwise protected from disclosure. If you have r , please immediately notify sender by return e-mail and destroy the communication.. ._., ____.__.__., __r,_. , -.._-..__.._.i or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 After recording return to: Theodore H. Schrage QUIT CLAIM DEED This Deed Made this day of�� d 200 between Schrage Living Trust of the County of Weld and State of Colorado grantor(s),and The Meadows Estates Homeowners Association whose legal address is Located in the east half of the northeast ono-quarter of Section 6, Township 4 North, Range 68 West of the 6th P.M. , Weld Contyly, Colorado. of the County of and State of , grantee(s), WITNESSTH, that the grantor(s), for and in consideration of the sum of e . Dollars ($ ),, o. ), The receipt and sufficiency of which is hereby confessed, acknowledged, has remised, released, sold and QUIT CLAIMED, and by these present does remise, release, sell and QUIT CLAIM unto the grantee(s),their heirs,successors and assigns,forever,all the right, title, interest, claim and demand which the grantor(s) has in and to the real property, together with improvements, if any, situate, lying and being in the said!NEU!) totck/T/ , and State of Colorado described as follows: Outlots A,B and C,THE MEADOWS ESTATES P.U.D.-PF-1079,County of Weld,State of Colorado. also known as street and number: TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate,right,title, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s),their heirs and assigns forever. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor )has executed this deed on the date set forth above: Signed this day o£ O ,2010 S hrage Living Trust _ tpR,' h. o• N Theodore H. Schrag ,Trustee / f C e4 44, • '- ® } STATE OF COLO O TA‘P�BLIC COUNTY OF 1 1 1�e }Ss: pF 4p The foregoing instrument was acknowledged before me this day of 20/U by Theodore H.Schrage,Trustee of the Schra L• g Trust Witness my hand and official seal. Mly C0ii3illiteicii Expires 3/14/281trY Publ. : / ./�. My commission expires: CX"t' X.". s< cpJtti -- iftjan, -4, / . �cAtt'la- G%' £—O cu,f<4 r-vE� � �O vrti<r,Z G-C' rO .” --- -7 Michelle Martin From: Michelle Martin Sent: Wednesday, January 02, 2013 10:19 AM To: 'Dave Owen' Subject: FW: Bond Form Hi Dave, As you can see from the email below the "change to 60 days is fine." Michelle Martin Planner III 1555 N 17th Ave Greeley,CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 T. ra> fir' Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Stephanie Arries Sent: Wednesday,January 02, 2013 10:08 AM To: Michelle Martin Subject: RE: Bond Form I think the change to 60 days is fine Stephanie L. Arries Assistant Weld County Attorney 1150"O" Street P.O. Box 758 Greeley, Colorado 80632 Tel: 970-356-4000 ext 4394 Fax: 970-352-0242 Email: sarriesaco.weld.co.us Ii r' 1 STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. From: Michelle Martin Sent: Wednesday,January 02, 2013 9:29 AM To: Stephanie Arries Subject: FW: Bond Form Stephanie, Do you see this as a problem if they insert a 60 day cancellation clause in the form (see the below email)? Michelle Martin Planner Ill 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 1,14 ;, .I Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Dave Owen [mailto:dowen@firstmainstreet.com] Sent: Wednesday,January 02, 2013 9:18 AM To: Michelle Martin Subject: RE: Bond Form Hi Michelle, I have a bond company that will write these bonds but they need to insert a 60 day cancellation clause in the form. Will that be acceptable to Weld County? Thanks Dave Owen Commercial Insurance Agent First MainStreet Insurance,LLC 275 S. Main Street, Suite 100 PO Box 847 2 Longmont, CO 80502 303.774.2934 Direct Phone 303.776.5495 Fax Visit our website at http://www.Frstmainstreet.com CONFIDENTIALITY NOTICE:The information contained in this e-mail and attached document(s)is covered by the Electronic Communication Privacy Act,CSC IS Sections 2510-2521 and may contain confidential information that is intended only for the addressee(s).If you are not the intended recipient,you are hereby advised that any disclosure,copying,distribution or the taking of any action in reliance upon the information is prohibited.If you have received this e-mail in error,please immediately notify the sender and delete it from your system.Thank you From: Michelle Martin [mailto:mmartin@co.weld.co.us] Sent: Wednesday, December 26, 2012 4:30 PM To: Dave Owen Subject: FW: Bond Form Hi Dave, attached is a draft copy of a bond form. Let me know ifyou have any questions. Per your request Michelle Martin Planner III 1555 N 17th Ave Greeley, CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 ,7 Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Stephanie Arries Sent: Wednesday, December 26, 2012 4:18 PM To: Michelle Martin Subject: Bond Form Michelle Attached is a draft of the bond form. Stephanie L. Arries Assistant Weld County Attorney 1150 "O"Street P.O. Box 758 Greeley, Colorado 80632 Tel: 970-356-4000 ext 4394 Fax: 970-352-0242 Email: sarriesco.weld.co.us 3 s � GOPHER EXCAVATION, INC. Estimate PO Box 1079 BERTHOUD, CO 80513 Date Estimate# 970-532-1112 1/1/2013 08-392 Name/Address Ted H.Schrage 23505 Weld County Road 3 Loveland.Colorado 80537 H:970-532-9868 M:970-290-4186 F:970-532-9956 Description Qty Cost Total All Work Will Be Completed For The Meadows Estates P.U.D.-PF -1079 Mr.Ted Schrage I.Clear&Grub Top Soil_Rough Grade Compaction Testing,Of 1 23.450.00 23,450.00 Road Approx 1450'Long From HWY 60 To The End Of Cu1-De Sac.WI 1'- 18"CMP With Flared End Sections 2.Vehicle Tracking Pad 1 1,500.00 1,500.00 3.Erosion Control Wattles In Front Of Culverts/Silt Fence 1 4,000.00 4,000.00 4. Water Utilities Consisting Of 10"Tie In With 2-10 Gate Valves 1 19,500.00 19,500.00 Tie Into Existing 6"To North Install 55'Of 8"C-900 Dr 14. 4a.Water Line Utilities 1-8"x6"Reducer 3-Complete Fire 1 49,550.00 49,550.00 Hydrants.950'Of 6"C-900 DR 14 5-Meter Pits&2"Stubs From Meter Pits Onto Lots 5.Trenching&Conduit Installation Only For REA& Trench Only I 7.500.00 7,500.00 For Telephone CO 6.Road Prep For Asphalt Install 7"Class 5-6 3/4"Road Base 1 29.500.00 29,500.00 Approx 1121 Tons Compact&Prep For Asphalt 7.Pave Road 1450'Long 24'Wide 4"Thick Approx 4000 SY 1 48,750.00 48.750.00 Includes 8"Thick Up To Station 1+75 8.Shoulder Road 4'Wide Perimeter Of Road With 3/4"Road Base 1 5,400.00 5,400.00 Note:This Estimate Is For The Labor&Material Only:NO FEES, PERMITS.ENGINEERING.SURVEYING_STAKING OF ANY KIND IS INCLUDED IN THIS ESTIMATE.IF ADDITIONAL ITEMS LIKE THESE ARE PURCHASED&ARANGEN BY G.E.I.THAT CAN BE DONE AT A THE COST PLUSS 18%. Thank You For The Opportunity To Quote Your Work, Estimate Must Be Signed For Work To Commence Total Page 1 GOPHER EXCAVATION, INC. Estimate PO Box 1079 BERTHOUD, CO 80513 Date Estimate# 970-532-1112 1/1/2013 08-392 Name/Address Ted H.Schrage 23505 Weld County Road 3 Loveland.Colorado 80537 H:970-532-9868 M:970-290-4186 F:970-532-9956 Description Qty Cost Total Full Payment Of Completed Work Is Due Within 30 Days Of Invoice Accepted By: Title: Date: • Thank You For The Opportunity To Quote Your Work.Estimate Must Be Signed For Work Total To Commence $189,150.00 Page 2 Y V 09 AMH 3.LV.Ls :, _ .6*,6C.68IV + 3.eY,6 .88N V . r_ ,4C'GCZ :_B4.6S.8N +J11.�f . ' :20' 0RAI AqE,& 11 •. ., �,• UTILITY C SE RENT ¢J".":N N _�_ N s m. N OUTLOT C ; i I r I 'U w.'sd.o M.T'M'F s d:r- I D.02AC.• ( I I va!nnI Nv, 00 . w Q m all?, an al v P: 1 f.y .. V. K ry<v N N.�� n • I 20 DRAINAGE I .O< . •. l— ,0 n m N.w o m co r,r7 n m 1 &U1ILITY EASEMENT v - . 2. M..Ny N MT g r-..- y1 2 I 1 n .. 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Kimmi Sent: Thursday, November 29, 2012 7:01 AM To: Dennis Messner; Michelle Martin Cc: Clayton D. Kimmi Subject: RE: The Meadows Estates-P.U.D. PF-1079 Dennis, As we discussed on the phone, we will need calculations showing how big your water quality feature will have to be. We will also need revised construction drawings showing all of the changes that you are proposing. I have talked with Dave Bauer and he has no issues with the variance request provided we get the items that are outlined above. Clay Kimmi, P.E., CFM Drainage & Floodplain Engineer Weld County Public Works 1111 H St PO Box 758 Greeley, CO 80632-0758 0: 970-304-6496 x 3741 F: 970-304-6497 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Original Message From: Dennis Messner [mailto:dennis@messnereng.com] Sent: Tuesday, November 27, 2012 4:51 PM To: Clayton D. Kimmi; Kim Ogle Subject: The Meadows Estates-P.U.D. PF-1079 Attached is a letter requesting a waiver to the stormwater detention requirements for the subject development. Please advise as to procedure for this request. Thanks for your assistance. It is greatly appreciated. Dennis R. Messner, P. E. Consulting Civil Engineer 1355 N. Cleveland Ave., Ste #1 Loveland, CO 80537 Telephone: (970) 461-3501 Mobile: (970) 402-4360 E-mail: dennisOmessnereng.com 1 ! . Dennis R. Messner. P. E. Consulting Civil Engineer November 26,2012 Project No. 1031 -GRD- 12 Clay Kimmi,P. E. Weld County Public Works Department 1111 "H" Street P O. Box 758 Greeley, Colorado 80632- 0758 Re: The Meadows Estates—P.U.D. PF-1079,Weld County,Colorado Dear Mr.Kimmi: On behalf of the owner of the subject property,Mr. Ted Schrage, I am requesting the requirement for on site stormwater detention be waived in accordance with Section 8-11-30, Chapter 1, Paragraph 17 of the Weld County Code. Paragraph 17 states that no stormwater detention shall be required if the following conditions are met: 1. That the proposed development is residential in nature and is nine(9)lots or fewer. The subject development is proposed to have a total of five(5)residential lots. 2. That the proposed average lot size is to be equal to or greater than three(3)acres. The subject development is proposed to have an average lot size of 3.90 acres. 3. That the downstream roadway criteria are not exceeded(6 inches water depth on road for the 10-year storm). The subject development will not discharge stormwater to public roads or roadside drainage facilities. 4. That the total post-development imperviousness for the residential development does not exceed ten percent(10%), assuming internal roads and driveways to be paved.The subject development post-development imperviousness has been determined to be 7.86%. Your assistance with this matter is greatly appreciated. If you should have any questions, please feel free to contact this office. Respect 11 submitte r =� 4 I ;�a Dennis RR Messner/P. q. /.7 cc:Ted Schrage '�-`s'70NAt. 1355 N. Cleveland Ave., Ste#1 x Telephone: (970)461-350'1 h Loveland,Colorado 80537 r Michelle Martin From: Michelle Martin Sent: Monday, May 16, 2011 11:16 AM To: 'JL Walter' Subject: RE: The Meadows Estates-Schrage Attachments: image003.png; image004.png Hi JL. Below is the response I received from Public Works regarding the construction documents. Michelle Martin Planner III 1555 N 17th Ave Greeley,CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 I Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Clayton D. Kimmi Sent: Friday, May 06, 2011 3:41 PM To: Richard Hastings Cc: David Bauer; Donald Carroll Subject: RE: The Meadows Estates -Schrage The construction drawings should contain notes stating the requirements of 8.0 through 8.5. Since the construction drawings were accepted before the improvements agreement was finalized,they aren't on the construction drawings. JL can add them as redlines to his set of construction drawings. We can add them as redlines to our accepted set of construction drawings as well. Clay Kimmi, P.E.,CFM Drainage& Floodplain Engineer Weld County Public Works 1111 H St PO Box 758 Greeley, CO 80632-0758 O:970-304-6496 x 3741 1 F: 970-304-6497 art . Vr1"� ea!!' i +tx 1 I Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: JL Walter f mailto:jlwalterconsultingOgmail.coml Sent: Monday, May 02, 2011 9:41 AM To: Michelle Martin Subject: The Meadows Estates- Schrage Michelle, Paragraph 8.6 of the Improvement Agreement,page 9 of 12, states that "The requirements in the paragraphs 8.0 through 8.5 shall be noted in the final Construction Plans." Since this is relating to the Request for Release of Collateral,my question is, do I need to place this information on the Construction Plans now,prior to construction, or is it the intent that this information be placed on the Final As-built Construction Plans? JL 2 COLORADO DEPARTMENT OF TRANSPORTATION CDOT Permit No. 411052 STATE HIGHWAY ACCESS PERMIT State Highway No/Nip/Side ITA / 1.776 / R Permit fee Date of transmittal Region/Section/Patrol Local Jurisdiction $0.00 6/23/2011 74/ 01 /5-Loveland Weld County The Permittee(s); Applicant: Ref No.: Schrage Living Trust Theodore H.Schrage,Trustee 23505 Weld County Road 3 Loveland,CO 80537 970-532-9868 is hereby granted permission to have an access to the state highway at the location noted below.The access shalt be constructed,maintained and used in accordance with this permit, including the State Highway Access Code and any attachments,terms,conditions and exhibits.This permit may be revoked by the issuing authority if at arty time the permitted access and its use violate any parts of this permit.The issuing authority,the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. Location:The access is to be located on State Highway 60,a distance of 4,098 feet east of Mile Post 1 on the south/right side, "SCHRAGE WAY"aligns with Larimer County Road 11 Access to Provide Service to: (Land Use Codp:) (Size or Count) (Units) Single-Family Detached Housing-5 Each 50 ADT Oil/Gas Well,-2 Each . . 6 ADT • r kr • , Additional Information: MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Signature — Print Name Title Date Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from Initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Tim Bilobran with the Colorado Department of Transportation In Greeley, Colorado at(970) 350-2163, at least 48.hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions. ''II P. —lite ignature Print Name ( Date • This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION Sign ture Print Name Title Date(of issue) a)mt0t ,cam- (d(camPAW( r z�f it C D s i u1 make copies as necessary n Previous editio 'are obsolote�nd'da not be used o�y 1 butien: Required: aka fo. y 1,Region 3.Staff Access Section Local Authority Inspector P 1 of 3 CDOT Form 4101 5/07 2.Applicant 4.Central Files ". MTCE patrol ' Traffic Engineer State Highway Access Permit PERMIT EXPIRATION Form 101, Page 2 1. A permit shall be considered expired if the access is not under construction within one year of the permit issue date The following paragraphs are excerpts of the State Highway or before the expiration of any authorized extension. When Access Code. These are provided for your convenience but the permittee is unable to commence construction within one do not alleviate compliance with all sections of the Access year after the permit issue date, the permittee may request a Code. A copy of the State Highway Access Code is one year extension from the issuing authority. No more than available from your local issuing authority(local government) two one-year extensions may be granted under any or the Colorado Department of Transportation (Department). circumstances. If the access is not under construction within When this permit was issued, the issuing authority made its. three years from date of issue the permit will be considered decision based in part on information submitted by the expired. Any request for an extension must be in writing and applicant, on the access category which is assigned to the submitted to the issuing authority before the permit expires. highway, what alternative access to other public roads and The request should state the reasons why the extension Is streets is available, and safety and design standards. necessary, when construction is anticipated, and include a Changes in use or design not approved by the permit or the copy of page 1 (face of permit) of the access permit. issuing authority may cause the revocation or suspension of Extension approvals shall be in writing. The local issuing the permit. authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the APPEALS Department of all denied extensions within ten days. Any 1. Should the permittee or applicant object to the denial of person wishing to reestablish an access permit that has a permit application by the Department or object to any of expired may begin again with the application procedures.An the terms or conditions of a permit placed tnero by the approved Notice to Proceed, automatically renews the Department, the applicant and permittee (appellant) have a access permit for the period of the Notice to Proceed. right to appeal the decision to the [Transportation] Commission [of Colorado]. To appeal a decision, submit a CONSTRUCTION request for administrative hearing to the Transportation 1. Construction may not begin until a Notice to Proceed is Commission of Colorado within 60 days of transmittal of approved. (Code subsection 2.4] notice of denial or transmittal of the permit for signature. Submit the request to the Transportation Commission of 2. The construction of the access and its appurtenances Colorado, 4201 East Arkansas Avenue, Denver, Colorado as required by the terms and conditions of the permit shall 80222-3400. The request shall include reasons for the be completed at the expense of the permittee except as appeal and may include changes, revisions, or conditions provided in subsection 2.14. All materials used in the that would be acceptable to the permittee or applicant, construction of the access within the highway right-of-way or on permanent easements, become public property. Any rmthehihwa rig ht-of-way will be 2. Any appeal by the applicant or permittee:of.action by.a materials removed from highway g Y ``'OI authority disposed of only as directed by the Department. All fencing, local issuing authority shall be filed with the 1. aJ p � . tY and be consistent with the appeal procedures of the local guard rail, traffic control devices and other equipment and authority. materials removed in the course of access construction shall be given to the Department unless otherwise instructed by 3. In submitting the request for administrative hearing, the the permit or the Department inspector. appellant has the option of including within the appeal a request for a review by .the Department's internal 3. The permittee shall notify the individual or the office administrative review committee pursuant to [Code] specified on the permit or Notice to Proceed at least two subsection 2.10.When such committee review is requested, working days prior to any construction within state highway processing of the appeal for formal administrative hearing, right-of-way. Construction of the access shall not proceed 2.9(5) and(6), shall be suspended until the appellant notifies until both the access permit and the Notice to Proceed are the Commission to proceed with the administrative hearing, issued,The access shall be completed in an expeditious and or the appellant submits a request to the Commission or the safe manner and shall be finished within 45 days from administrative law judge to withdraw the appeal. The two initiation of construction within the highway right-of-way. A administrative processes, the internal administrative review construction time extension not to exceed 30 working days committee, and the administrative hearing, may not run may be requested from the individual or office specified on concurrently. the permit. 4. Regardless of any communications, meetings, 4. The issuing authority and the Department may inspect administrative reviews or negotiations with the Department the access during construction and upon completion of the or the internal administrative review Committee regarding access to ensure that all terms and conditions of the permit revisions or objections to the permit or a denial, if the are met. Inspectors are authorized to enforce the conditions permittee or applicant wishes to appeal the Department's of the permit during construction and to halt any activities decision to the Commission for a hearing, the appeal must within state right-of-way that do not comply with the be brought to the Commission within 60 days of transmittal provisions of the permit, that conflict with concurrent of notice of denial or transmittal of the permit., ;,-!. .'„4' '. `i -. . highway construction or maintenance work, that endanger highway property, natural or cultural resources protected by right-of-way or any adopted municipal system and drainage law, or the health and safety of workers or the public. plan. 5. Prior to using the access, the permittee its;required to 11. By accepting the permit, permittee agrees to save, complete the construction according to the terms and indemnify, and hold harmless to the extent allowed by law, conditions of the permit. Failure by the permittee to abide by the issuing authority, the Department, its officers, and all permit terms and conditions shall be sufficient cause for employees from suits, actions, claims of any type or the Department or issuing authority to initiate action to character brought because of injuries or damage sustained suspend or revoke the permit and close the access. If in the by any person resulting from the permittee's use of the determination of the Department or issuing authority the access permit during the construction of the access. failure to comply with or complete the construction requirements of the permit create a highway safety hazard, CHANGES iN ACCESS USE AND PERMIT VIOLATIONS such shall be sufficient cause for the summary suspension 1.. It is the responsibility of the property owner and of the permit. If the permittee wishes to use the access prior '; permittee to ensure that the use of the access to the to completion, arrangements must be approved by the property is not in violation of the Code, permit terms and issuing authority and Department and includeditirthe permit conditions or the Act.The terms and conditions of any permit The Department or issuing authority may order a halt to any are binding upon all assigns, successors-in-interest, heirs unauthorized use of the access pursuant to statutory and and occupants. if any significant changes are made or will regulatory powers. Reconstruction or improvement of the be made in the use of the property which will affect access access may be required when the permittee has failed to operation,traffic volume and or vehicle type, the permittee or meet required specifications of design or materials. If any property owner shall contact the local issuing authority or the construction element fails within two years due to improper Department to determine if a new access permit and construction or material specifications, the permittee shall be modifications to the access are required. responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. 2. When an access is constructed or used in violation of the Code, section 43-2-147(5)(c), C.R.S., of the Act applies. 6. The permittee shall provide construction Iraffic control The Department or issuing authority may summarily devices at all times during access construction, in suspend an access permit and immediately order closure of conformance with the M.U.T.C.D. as required by section 42- the access when its continued use presents an immediate 4-104, C.R.S., as amended. ` threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, C.R.S. 7. A utility permit shall be obtained for any utility work within highway right-of-way. Where necessary to remove, MAINTENANCE relocate, or repair a traffic control device or public or private 1. The permittee, his or her heirs, successors-in-interest, utilities for the construction of a permitted access, the assigns, and occupants of the property serviced by the relocation, removal or repair shall be accomplished by the access shall be responsible for meeting the terms and permittee without cost to the Department or issuing conditions of the permit, the repair and maintenance of the authority, and at the direction of the Department or utility access beyond the edge of the roadway including any cattle company. Any damage to the state highway or'ether public guard and gate, and the removal or clearance of snow or ice right-of-way beyond that which is allowed in the permit shall upon the access even though deposited on the access in the be repaired immediately.The permittee is resporisibie for the course of Department snow removal operations. Within repair of any utility damaged in the course of access unincorporated areas the Department will keep access construction, reconstruction or repair. culverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for $_ in the event it becomes necessary to remove any right- the repair and replacement of any access-related culverts of-way fence, the posts on either side of the access shall be within the right-of-way_ Within incorporated areas, drainage securely braced with an approved end post before the fence responsibilities for municipalities are determined by statute is cut to prevent any slacking of the remaining fence. All and local ordinance. The Department will maintain the posts and wire removed are Department property and shall roadway including auxiliary lanes and shoulders, except in be turned over to a representative of the Department. • I those cases where the access installation has failed due to improper access construction and/or failure to follow permit 9. The permittee shall ensure that a copy of the permit Is requirements and specifications in which case the permittee available for review at the construction site at all times. The shall be responsible for such repair. Any significant repairs permit may require the contractor to notify the individual or such as culvert replacement, resurfacing, or changes in office specified on the permit at any specified_phases in design or specifications, requires authorization from the construction to allow the field inspector to inspect various Department. aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system,on the Form 101, Page 3 • • ri ' • • COLORADO DEPARTMENT OF TRANSPORTATION Environmental Clearances Information Summary PURPOSE-This summary is intended to inform entities external to CDOT that may be entering the state highway right-of-way to perform work related to their awn facilities(such as Utility, Special Use or Access Permittees), about some of the more commonly encountered environmental permits/clearances that may apply to their activities. This listing is not all-inclusive-additional environmental or cultural resource permits/clearances may be required in certain instances, Appropriate local,state and federal agencies should be contacted for additional information if there is any uncertainty about what permits/clearances are required for a specific activity. IMPORTANT—Please Review The Following Information Carefully--Failure to Comply With Regulatory Requirements May Result In Suspension or Revocation of Your COOT Permit, Or Enforcement Actions By Other Agencies CLEARANCE CONTACTS -As indicated in the permit/clearance descriptions listed below,the following individuals or agencies may be contacted for additional information: • Colorado Department of Public Health and Environment(CDPHE):General Information--(303)692-2035 Water Quality Control Division(WQCD):(303)692-3500 Environmental Permitting Website http://www.cdphe.state.co.us/perrnits.aep• • COOT Water Quality Program Manager:Rick Willard(303)757-9343 http://www.coloradodot.info/programs/environmental/water- quality • COOT Asbestos Project Manager:Theresa Santangelo-Dreiling,(303)512-5524 • Colorado Office of Archaeology and Historic Preservation:(303)866-3395 • U.S.Army Corps of Engineers, District Regulatory Offices: Omaha District(NE Colorado),Denver Office(303)979-4120 http://www.nwo.usace.army.mil/html/od-tl/tri-lakes.htmi Sacramento Dist. (Western CO),Grand Junction Office(970)243-1199 http://www.spk.usace.armv.milicespk-co/reoulatory/ Albuquerque District(SE Colorado), Pueblo Reg. Office(719)-543-6915 http://www.spa.usace.army.mil/ree/ • COOT Utilities,Special Use and Access Permitting:(303)757-9654 http://www.dot.state.co.us/pennitaf Ecological Resources—Disturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or suspected threatened or endangered species habitat will require special authorization from the COOT permitting office. If any threatened or endangered species are encountered during the progress of the permitted work,work in the subject area shall be halted and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Information about threatened or endangered species may be obtained from the COOT website, http://coloradodot.info/programs/environmental/wildlife/guidelines or the Colorado Division of Wildlife website httpl/wilrlife.state.co.us/ fildlifeSpecies/SpeciesOfConcem/. Additional guidance may be provided by the appropriate Region Planning and Environmental Manager(RPEM). Cultural Resources—The applicant must request a file search of the permit area through the Colorado Office of Archaeology and Historic Preservation(OAHP), Denver,to ascertain If historic or archaeological resources have previously been identified. Inventory of the permit area by a qualified cultural resources specialist may be necessary,per the recommendation of COOT. if archaeological sites/artifacts or historic resources are known to exist prior to the initiation of the permitted work or are encountered as the project progresses,all work in the subject area shall be halted and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by COOT prior to the continuation of work. Additional guidance may be provided by the Regional.Permitting Office and RPEM. Contact information: Contact the OAHP for file search at(303)866-3395. Paleontological Resources-The applicant must request a fossil locality file search through the University of Colorado Museum, Boulder, and the Denver Museum of Nature and Science to ascertain if paleontological resources have been previously identified. inventory of the permit area by a qualified paleontologist may be necessary, per the recommendation of CDOT. If fossils are encountered during the permitted work,ail work in the subject area shall be halted and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information:Contact the CDOT Paleontolog,st at(303)757-9632. Hazardous Materials,Solid Waste-The Solid Wastes Disposal Sites and Facilities Act C.R.S.30-20-100, et al,and Regulations Pertaining to Solid Waste Disposal Sites and Facilities(6 CCR 1007-2),prohibit solid waste disposal without an approved Certificate of Designation(a landfill permit). The Colorado Hazardous Waste Act C.R.S.25-15-301 el al,and the Colorado Hazardous Waste Regulations(6 CCR 1007-3)prohibit the transfer,storage or disposal (TSD)of hazardous waste except at permitted TSD sites. There are no permitted landfills or TSD sites within the State Highway Right of Way- Therefore,all solid or hazardous wastes that might be generated by the activities of entitles entering the State Highway Right of Way must be removed from the ROW and disposed of at a permitted facility or designated collection point(e.g.,for solid waste,a utility or construction company's own dumpster). if pre-existing solid waste or hazardous materials contamination (including oil or petroleum contaminated soil,asbestos,chemicals, mine tailings, etc.)is encountered during the performance of work,the permittee shall halt work in the affected area and immediately contact the CDOT Regional Permitting Office for direction as to how to:proceed.•Contact info:Andy Flurkey, CDOT Hazardous Materials Project Manager,(303)512-5520. Asbestos Containing Materials,Asbestos Contaminated Soil—All work on asbestos containing materials(ACM)must comply with the applicable requirements of the CDPHE Air Pollution Control Division's(APCD)Regulation 8. Disposal of ACM, and work done In asbestos-contaminated soil,must comply with the CDPHE Hazardous Materials and Waste Management Division's(HMWMD)Solid Waste Regulations. The application for any COOT permit must specifically identify any ACM involved in the work for which authorization is being requested. Additional guidance or requirements may be specified in the permit special provisions. Contact Info:CDPHE APCD and HMWMD Regulations can be accessed via the CDPHE Environmental Permitting Website listed above. Additional information concerning clearance on COOT projects is available from the COOT Asbestos Project Manager(303)512- 5519, or Theresa Santangelo-Dreiling, Property Management Supervisor(303)512-5524, Environmental Clearances Information Summary j•, Page 1 of 3 Colorado Department of Transportation December'10 • . ' 1 • • Transportation of Hazardous Materials-No person may offer or accept a hazardous material for transportation in commerce unless that person is registered in conformance with the United States Department of Transportation regulations at 49 CFR,Part 171. The hazardous material must be properly classed;described,packaged,marked,labeled,and in condition for shipment as required or authorized by applicable requirements,or an exemption,approval or registration has been Issued. Vehicles requiring a placard, must obtain authorization and a State HAZMAT Permit from the Colorado Public Utilities Commission. Contact Information: For authorization and more info call the Federal Motor Safety Carder Administration, US DOT for inter-and intra-state HAZMAT Registration (303)969-6748, Colorado Public Utilities Commission:(303)894-2868. Discharge of Dredged or Fill Material—404 Permits Administered By the U.S.Army Corps of Engineers,and Section 401 Water Quality Certifications Issued by the CDPHE WQCD-Corps of Engineers 404 Permits are required for the discharge of dredged or fill materials into waters of the United States, including wetlands. There are various types of 404 Permits, including Nationwide Permits,which are issued for activities with relatively minor impacts. For example,there is a Nationwide Permit for Utility Line Activities (NWP#12). However,depending upon the specific circumstances, it is possible that either a"General"or"Individual" 404 pertnit would be required, if an Individual 404 Permit is required,Section 401 water quality certification from the CDPHE WQCD is also required. Contact the appropriate Corps District Regulatory Office for information about what type of 404 permit may be required(contact information above). Contact the CDPHE Water Quality Control Division at(303)692-3500. Working on or in any stream or its bank-In order to protect and preserve the state's fish and wildlife resources from actions that may obstruct, diminish, destroy,change, modify,or vary a natural existing stream or its banks or tributaries,It may be necessary to obtain a Senate Bill 40 certification from the Colorado Department of Natural Resources. A stream is defined as 1)represented by a solid blue line on USGS 7,5'quadrangle maps; and/or 2)intermittent streams providing live water beneficial to fish and wildlife;and/or 3)segments of streams supporting 25%or more cover within 100 yards upstream or downstream of the project; and/or 4)segments of streams having wetlands present within 200 yards upstream or downstream of the project. The Colorado Division of Wildlife(CDOW) application,as per guidelines agreed upon by CDOT and CDOW,can be accessed at htt A.eyee.coloradodot.info/.pro.rams/environmental/wildlife/•Led-Ii es. Storrnwater Construction Permit(SCP)and Stormwater Discharge From industrial Facilities -Discharges of stormwater runoff from construction sites disturbing one acre or more-or certain types of industrial facilities,such as concrete batch plants-requires a COPS Stormwater Construction Permit. Contact Information:For Utility/Special Use activities being performed in conjunction and coordination with a CDOT highway construction contract,please contact the CDOT Water Quality Program Manager at(303)757- 9343. Otherwise, contact the CDPHE Water Quality Control Division at(303)692-3500. Website: http://www.cdphe.state.co.us/wgiPermitsU nit/indeX.titrnl. Construction Dewateringt(Discharge or Infiltration)—Discharges of water encountered during excavation or work in wet areas may require a Construction Dewatering Discharge Permit. Contact Information: For Construction Dewatering Discharge Permits, contact the CDPHE WQCD at(303)692-3500. For Dewatering Application and Instructions,see Section 3 at the CDPHE website: hip://www.cdghe.stete.co.useyq/Permjtst)nit/FORMSandApplicafions/Apesa d o she a t„I Municipal Separate Storm Sewer System (MS4)Discharge Permit--Discharges from the storm sewer systems of larger municipalities,and from the COOT highway drainage system that lies within those municipalities,are subject to MS4 Permits issued by the CDPHE WQCD. For facilities that lie within the boundaries of a municipality that is subject to an MS4 permit,the owner of such facility should contact the municipality regarding stormwater related clearances that may have been established under that municipality's MS4 permit. All discharges to the CDOT highway drainage system or within the Right of Way(ROW)must comply with the applicable provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations Permit#COS- 000005(http://www.coloradodot.info/programs/environmental/water-quaiitykiccuments/CDOT%20MS4%20Permit.doc/view)and COR-030000 (htte://www_cdphe.state.co.us/wo/PermitsUnit/PERfv)ITs/SWeermitsrats/SWConstructionPErrnit.edf). Discharges are subject to inspection by COOT and CDHPE. Canted the CDPHE Water Quality Control Division at(303)692-3500 for a listing of municipalities required to obtain MS4 Permits,or_go to http:l/wvnv.rdpheestate_co.us/vrq/permitsenit/MS4/M$4Permittees.pdf. General Prohibition—Discharges-All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include,but are not limited to,substances such as wash water,paint, automotive fluids,solvents,oils or soaps and sediment. Allowable non-stormwater discharges can be found at http://www.coloradodot_info/programs/environmental/water-quality/glossary.html#AllowabteDischarge. Contact Information: Contact the COOT Water Quality Program Manager at(303)757-9343,or the Colorado Department of Public Health and Environment,Water Quality Control Division atpD3)692-3500. General Authorization -Allowable Non-Stormwater Discharges-Unless otherwise identified by COOT or the WQCD as significant sources of pollutants to the waters of the State,the following discharges to stormwater systems are allowed without a Colorado Discharge Permit System permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation,irrigation water, uncontaminated springs,footing drains;water line flushing,flows from riparian habitats and wetlands,and flow from fire fighting activities. Contact Information: The COOT Water Quality Program Manager or the CDPHE Water Quality Control Division (telephone#'s listed above). Erosion and Sediment Control Practices-For activities requiring a Stormwater Construction Permit,erosion control requirements will be specified through that permit. In those situations where a stormwater permit is not required, all reasonable measures should be taken in order to minimize erosion and sedimentation according to COOT 208 specifications. In either case,the COOT Erosion Control and Stormwater Quality Guide (most recent version)should be used to design erosion controls and to restore disturbed vegetation. Contact Information:The COOT Erosion Control and Stormwater Quality Guide may be obtained from the Bid Plans Office at(303)757-9313 or from:httpalwww.dot.state.co.uus/ienvironmentallenyWaterQual/wgms4.asp Disposal of Drilling Fluids-Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as discharges or"solid wastes", and in general, should be pumped or vacuumed from the construction area, removed from the State Highway Right of Way,and disposed of at permitted facilities that specifically accept such wastes. Disposal of drilling fluids into storm drains,storm sewers, roadside ditches or any other type of man-made pr natural waterway is prohibited by Water Quality Control and/or Solid Waste regulations. Small quantities of drilling fluid:solids(less than 1 cubic yard of solids)may be left on-site after either being Environmental Clearances Information Summary r Page g of 3 Colorado Department of Transportation December 10 separated from fluids or after infiltration of the:water provided: 1)the drilling fluid consists of only water and bentonite clay,or, if required for proper drilling properties,small gctemi' es of polymer additives that are approved for use in drinking water well drilling;2) the solids are fully contained in a pit, and are net likely to pose a nuisance to future work in the area,3)the solids are covered and the area restored as required by CDOT permit requirements(Utility,Special Use,or Access Permits,etc.). Contact Information: Contact the CDOT/CDPHE Liaison or COOT Water Quality Program Manager. Concrete Washout-Waste generated from concrete activities shall NOT be allowed to flow into the drainage ways, Inlets,receiving waters, or in the CDOT ROW. Concrete waste shall be placed in a temporary concrete washout facility and must be located a minimum of 50 feet from state waters, drainageways,and inlets. Concrete washout shall only be performed as specified by the COOT Environmental Program and shall be in accordance to CDOT specifications and guidelines. Contact information: Contact the CDOT Water Quality Program Manager at(303)757-9343. Website:htto://www.coloradodot.info/programs/environmentallwater- c uelitvirevised-rn-standards;refer to the link Revisiorj of Sections 101, '(07, 208, 213 and 620 Water Quality Control One or More Acres of Disturbance for additional guidance. Spill Reporting-Spills shall be contained and cleasied up as soon as possible. Spills shall NOT be washed down into the storm drain or buried. All spills shall be reported to the CDOT Illicit Discharge Hotline at(303)512-4446(4H20),as well as the Regional Permitting Office and Regional Maintenance Supervisor. Spills on highways,into waterways,any spill in the highway right-of-way exceeding 25 gallons, or that may otherwise present an immediate danger to the public shall be reported by calling 911, and shall also be reported to the CDPHE at 1-877-518-5608. About This Form•Questions or comments about this Information Summary may be directed to Alex Karam', COOT Safety&Traffic Engineering,Utilities Unit, at(303)757-9841,alex.karami@dot.state.co.us. i� r • • • • k •• I''.;r: • • • • Environmental Clearances Information Summary : Page 3 of 3 Colorado Department of Transportation December'10 Michelle Martin From: Michelle Martin Sent: Monday, April 18, 2011 11:42 AM To: mms@Ipbroadband.net Cc: Stephanie Arries; Richard Hastings Subject: PF-1079 Attachments: Exhibits A& B (ON-SITE ONLY).pdf; PF-1079 Schrage PUD Imp Agmt Final 4-18-11.docx; 2011 04 18 11 37 48.pdf; image002.png Hi Ted, Attached is the improvements agreement we discussed over the phone please fill out the blank exhibits and sign the agreement. If you have any questions please don't hesitate to contact me. I have also attached copies of your old exhibits if you would like to use them as a reference when filling out the new exhibits. Please note that you will need to include a date and cost for the landscaping component. Michelle Martin Planner Ill 1555 N 17th Ave Greeley,CO 80631 mmartin@co.weld.co.us PHONE: (970)353-6100 x 3540 FAX: (970)304-6498 1211 25111 Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (ON-SITE ONLY) Schrage/The Meadows Estates PUD—PF-1079 THIS AGREEMENT, made and entered into this day of by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and Schrage Living Trust, by Theodore Schrage, Trustee,hereinafter called"Property Owner." WITNESSETH: WHEREAS, Property Owner is the owner of, the following described property in the County of Weld, Colorado: Lot B of RE-4042, being part of the E2 of Section 6, T4N, R68W of the 6th P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, Property Owner has acquired land use permits from County for a Planned Unit Development (PUD) for 5 residential lot with Estate uses and 7.7 acres of Agricultural common open space on approximately 31.7 acres on the above described real property, and the County is currently in the process of considering a Planned Unit Development for the Property (PF-1079), and "WHEREAS, the Property Owner acknowledges that the issuance of PF-1079 is conditional upon Property Owner's performance of the on-site and/or off-site improvements which are described in this Agreement and depicted in the Plat Map and the set of final Construction Plans provided electronically by Property Owner copies of which shall be attached to this Agreement as they become available and made a part hereof, as Exhibits C and D, respectively, and WHEREAS, Property Owner acknowledges that it may not engage in any activity described in PF-1079 and/or any activity related to the businesses described above until said improvements have been completed, and WHEREAS, the parties agree that Property Owner shall complete the improvements within three (3) years of the County's approval of PF-1079, and WHEREAS,the parties agree that Property Owner shall provide collateral for all on-site and off- site improvements required by this Agreement on the earlier of the following occasions: 1. Property Owner submits and receives approval of an application for a Grading 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. Improvements Agreement: Schrage Living Trust—April2011 Page- 1 -of12 OR 2. Property Owner submits Final Plat of the Planned Unit Development for approval and recording. 3. The Final Plat cannot be recorded prior to the posting of collateral, nor can a Grading Permit be issued unless all on-site and off-site collateral is posted. 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: Non-Applicable at this time. Improvements to State Highway 60 shall be coordinated with the Colorado Department of Transportation (CDOT). In the event that direct access is required at another location, Property Owner shall apply to Weld County and/or CDOT for required permits, as needed. Granting of any new point of access may generate additional obligations with County for Off-Site Improvements and the need to post "Road Maintenance Collateral". B. Haul Routes:Non-Applicable C. Road Maintenance Requirements: Non-Applicable 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/or PUD Plat Map. Specifically, Property Owner shall at its own expense, plant, install and maintain all trees, grass and shrubs and other landscaping and re- seeding where applicable as shown on the accepted Construction Plans and/or PUD Plat Map. Additionally, the Property Owner shall install and maintain fencing to screen the property where applicable as indicated on the accepted Construction Plans and/or PUD Plat Map. In the event any 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. 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, as further described in the accepted Construction Plans and/or PUD Plat Map. Specific access improvements shall include; construction of adequate asphalt or concrete paved tracking access apron at the main entrance onto State Highway 60, and an asphalt or concrete paved roadway running from the access apron into the development off of State Highway 60 to the end of the cul-de-sac. An accepted final geotechnical report from the applicant's engineer will be utilized for formulating the access roadway pavement design adequate to support oil service truck traffic. 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 onsite improvements. Improvements Agreement: Schrage Living Trust—April 2011 Page-2-of 12 Any additional infrastructure improvements will be addressed at the time of application for any future amended PUD. Some of these improvements may include work extending into State or County Right-Of-Way in which case a Right-Of-Way and/or Colorado Department of Transportation (CDOT) access permit is required. P 3.0 Timing of Improvements: Property Owner shall not be required to initiate the landscaping requirements until the occurrence of the triggering event for all improvements, namely the approval of the grading permit by the County or an amendment to the existing PUD. No grading permit will be released until collateral is posted for the associated improvements and and accepted by the the Construction Plans have been submitted to 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 pre-approved 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, as indicated in Section D. 2.0 above shall be completed within the parameters established in Section E. 7.2 and Exhibit B. 4.0 Acceptance of On-Site Improvements: Upon completion of the on-site improvements, Property Owner shall contact the County Department of Planning Services and the 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 Paragraph E.6.0, sections 6.1-6.3. 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 its own expense, 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 Improvements Agreement: Schrage Living Trust—April 2011 Page-3-of 12 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 shown on the accepted Construction Plans and PUD Plat Map, be solely responsible for the costs listed on Exhibit "A" and described in parts A and D of this agreement, which is attached hereto and incorporated herein by reference, with the PUD improvements or on-site improvements, including any access improvements being completed by the dates set forth on Exhibit "B". The Board of County Commissioners, at its option, may grant an extension of the time of completion set forth in Exhibit B stated herein upon application by the Property Owner. 3.1 Said construction shall be in strict conformance to the plans and drawings accepted by the County and the specifications adopted by the County. 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 accepted plans and specifications, including but not limited to damages to property adjacent to the construction plan area shall be repaired, removed and/or replaced to the satisfaction of the County at the expense of Property Owner. 3.4 Said PUD improvements or on-site improvements, including any access improvements, shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B." The Board of County Commissioners, at its option, may grant an extension of the time of completion of items shown on the accepted Construction Plans and PUD Plat Map, with associated costs shown on Exhibit "A", upon application of the Property Owner subject to the terms of Section E.6 herein. 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, Improvements Agreement: Schrage Living Trust—April 2011 Page-4-of 12 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 applicable laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Warranty of 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 one (1) year. The warranty period shall begin only after the County's execution of a written acceptance of the improvement(s). 6.0 Acceptance of On-Site and/or Off-Site Improvements by the County: Upon compliance with the following procedures by the Applicant, the improvements shall be deemed accepted by the County. P tY 6.1 If requested by the Applicant and approved by the County, portions of the improvements may be placed in service when completed according to the schedule shown on Exhibit "B," but such use and operation shall not, alone, constitute an acceptance of said portions of the improvements. 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 PUD improvements in that phase of the PUD is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Applicant. 6.3 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, Property Owner may, as set forth in Paragraph 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 and further that the one-year warranty period begin. Upon completion of the one-year warranty period, the County Engineer and/or the Weld County Department of Planning Services shall, upon request of Property Owner, inspect the subject improvements, and notify Property Owner of any deficiencies. If any deficiencies are discovered, Property Owner shall correct the deficiencies. The County Engineer and /or the Department of Planning Services shall re-inspect the improvements after notification from Property Owner that said deficiencies have been corrected. If the County Engineer and/or Department of Planning Services find 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 and/or the Department of Improvements Agreement: Schrage Living Trust—April 2011 Page-5-of 12 Planning Services for acceptance of improvements within the PUD, the Board of County Commissioners shall fully accept said improvements. 6.3.1 All references in this Agreement to "Acceptance of Improvements" shall refer to the County confirming completion of said improvement(s) according to the accepted Construction Plans. By accepting any improvement, the County does not thereby accept said improvement for purposes of future maintenance, nor does the County accept any present or future responsibilities or obligations relative to these 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 and (2) Warranty Collateral required for all improvements during the warranty phase. 7.2 Project Collateral submitted to Weld County to guarantee completion of the improvements identified on the accepted Construction Plans and final PUD 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. Collateral for Off-site improvements that extend partially off-site as mentioned in Paragraph A.1.0 (if any) or D.2.0 of this Agreement which include only improvements involving turning radii and approaches shall be included as part of the On-site collateral amount, and shall be clearly delineated on accepted Construction Plans and differentiated as "Entrance Improvements" on Exhibit "A" On-Site Improvements of this Agreement. Such collateral shall be provided to the County on the dates set forth herein 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 on-site and off-site improvements shall be submitted to County and shall be held in total by the County for one (1) year 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 Acceptable Project Collateral shall be submitted upon the earlier of the following two occasions: Improvements Agreement: Schrage Living Trust—April 2011 Page-6-of 12 7.5.1 Property Owner submits and receives approval for an application for the Grading Permit or Right-of-Way Access Permit prior to commencement of Site Preparation, as herein defined OR 7.5.2 Prior to the time the Property Owner submits the Final Plat of the Planned Unit Development for approval and recording. 7.5.3 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 the improvements are updated and collateral is provided in the amount of One-Hundred percent (100%) of the then current value of the improvements to be completed, and the development plans are revised to comply with all current County standards, policies and regulations. 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 Applicant's operations pursuant to PF- 1079 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. 7.6 Collateral may be in the form of an irrevocable letter of credit(LOC) in an amount equivalent to (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 Applicant upon request. 7.7 Collateral may be in the form of a surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. The surety bond 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 surety bond: (PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Applicant upon request. Improvements Agreement: Schrage Living Trust—April 2011 Page-7-of 12 • 7.8 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. 7.9 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. 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 may not terminate existing collateral until replacement collateral has been secured. 8.0 Request for Release of Collateral: Collateral shall be released in accordance with the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado. Engineering Statements of Substantial Compliance are only required following notification by the County. The Statement of Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 8.1 The 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. The Engineer shall certify that the project "as-built" is in substantial compliance with the plans and specifications as accepted, or that any material deviations have received prior written acceptance from the County Engineer. 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. Improvements Agreement: Schrage Living Trust—April 2011 Page-8-of 12 • 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 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 Department of Public Works, the Property Owner may request release of the collateral for the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.8 For all off-site and on-site improvements (including improvements to public rights-of-way or easements), the written request for release of "Project Collateral" shall be accompanied by "Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement. However, collateral for improvements fully accepted for maintenance by a responsible governmental entity, special district or utility company will be fully refunded to Property Owner. 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 on-site improvements. If the improvements need 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 "Road Maintenance Collateral": Roads associated with the designated haul route shall be maintained as long as the PUD/SPR/PUD is active. a Collateral for the maintenance shall be adjusted annually by the inflation rate based on the "Colorado Construction Cost Index Report" as published by the Colorado Department of Transportation. Road Maintenance Collateral shall be adjusted annually, during the month of January, for inflation. The First adjustment shall be made no less than twelve months after, and in no event later than twenty four months from the execution of this Agreement. (This provision is not applicable to this Agreement.) 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 whom the obligations under this Agreement are assigned. 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 Improvements Agreement: Schrage Living Trust—April 2011 Page-9-of 12 Agreement. County's rights and obligations under this part from obligations under this g tyg 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. 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 which County believes constitute the violation. Property Owner shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of this Agreement. F. 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. G. Enforcement: If, in the County's opinion, Property Owner has violated any of the terms Agreement this Agreement, County shall notify property Owner of its belief that the has bee n 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. If, 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. H. 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. Improvements Agreement: Schrage Living Trust—April 2011 Page- 10-of12 I. Authority to Sign: Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request. Improvements Agreement: Schrage Living Trust—April 2011 Page- ll -of 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PROPERTY OWNER: TITLE: PROPERTY OWNER: TITLE: Subscribed and sworn to before me by this day of My commission Expires: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Barbara Kirkmeyer, Chair Weld County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney Improvements Agreement: Schrage Living Trust—April 2011 Page- 12-of 12 Michelle Martin From: Michelle Martin Sent: Monday, April 18, 2011 9:57 AM To: 'Caprice Ritterhouse' Cc: Stephanie Arries; 'J L Walter; mms@Ipbroadband.net Subject: RE: The Meadows Covenants- Revised Attachments: image003.png HI Caprice, The County Attorney has reviewed the latest draft of covenants and it appears all our requirements/corrections have been addressed. If you have any questions please don't hesitate to contact me. Michelle Martin Planner III 1555 N 17th Ave Greeley,CO 80631 mmartin@co.weld.co.us PHONE: (970) 353-6100 x 3540 FAX: (970)304-6498 ,a& i -'.9„ w E Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Caprice Ritterhouse [mailto:CapriceRitterhouse©rexharrislaw.coml Sent: Tuesday, April 05, 2011 3:15 PM To: Michelle Martin Subject: The Meadows Covenants - Revised Please see attached. Thank you, Caprice Legal Assistant • Harris&Associates, LLC 1417 29th Street Loveland, CO 80538 • PH: (970) 635-2590 FX: (970) 635-9011 EM: caprice@rexharrislaw.com 1 Declaration of Protective Covenants The Meadows Estates P.U.D. Theodore H. Schrage, Trustee of the Schrage Living Trust, being the declarant and owner of all the land in The Meadows Estates P.U.D. as shown and generally described on the FINAL PLAT OF THE MEADOWS ESTATES P.U.D. - PF 1079 (hereinafter referred to as "The Plat"), attached hereto and made a part hereof and generally known as "Lot B of recorded exemption NO. 1061-06-1 RE 4042, Located in the East 1/2 of the Northeast 1/4 of Section 6, Township 4 North, Range 68 West of the 6th P.M., Weld County Colorado", with a legal description as described in LEGAL DESCRIPTION OF THE MEADOWS ESTATES, attached hereto and made a part hereof, does make this declaration of protective covenants applicable to The Meadows Estates P.U.D. The entire real property described above may be referred to hereafter as the "Community Area". I. Declaration A. Declarant, for itself, its successors and assigns, hereby declares that all property which becomes subject to this Declaration in the manner hereinafter provided, and each part thereof, shall, from the date the same becomes subject to this Declaration, be owned, held, transferred, conveyed, sold, leased, rented, hypothecated, encumbered, used, occupied, maintained, altered and improved subject to the covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes and other provisions set forth in this Declaration, for the duration hereof, all of which are declared to be part of, pursuant to, and in furtherance of a common and general plan of development, improvement, enhancement and protection of the Community Area. The provisions of this Declaration are intended to and shall run with the land and, until their expiration in accordance with the terms hereof, shall bind, be a charge upon and inure to the mutual benefit of(a) all of the property which becomes part of the Community Area and each part or parcel thereof, (b) Declarant and its successors and assigns, ( c) the Association and its r � r� / 3 2�s �&, �v-�� C C� �37 successors and assigns, and (d) all Persons having or acquiring any right, title or interest in any property which becomes property part of the Community Area or any part or parcel thereof or any Improvement thereon and their heirs, personal representatives, successors and assigns. This Declaration shall be Recorded in every county in which any portion of the Community Area is located and shall be indexed in the grantee's index in the name of Schrage Living Trust and the Association and in the Grantor's Index in the name of each person or entity executing this Declaration. II. Application of Colorado Common Interest Community Act A. The Colorado Common Interest Community Act (hereinafter CCIOA), currently located at C.R.S. § 38-33.3-101, et seq shall only apply where specifically referenced herein and as required by law. As stated in CCIOA, C.R.S. § 38-33.3-105 through C.R.S. § 38-33.3-107 shall apply to this.P.U.D. III. Common Areas A. Common Areas are listed, shown and defined in The Plat. B. Common Open Space - The Plat refers to three (3) areas of common open space. The Common Open Space areas are referred to as OUTLOT A, OUTLOT B, and OUTLOT C. The legal descriptions for said outlots are attached hereto and made a part hereof C. Roads, Utilities, Paths, etc. 1. All roads, utilities, ditches, paths and structures which are not specifically made a part of Lots 1-5 as noted on The Plat shall be a part of the Common Area. D. The "Common Areas" referred to in this document may also be referred to as "Association Properties". Said terms refer to the same areas in these covenants IV. Association Properties A. Member's Rights of Use and Enjoyment Generally. 1. Unless otherwise provided in the Declaration, all Members may use, or enjoy the benefits of, the Association Properties, as appropriate. B. Right of Association to Regulate Use 1. The Association, acting through the Board, shall have the power to regulate use of Association Properties by Members and the public to further enhance the overall rights of use and enjoyment of all Members. C. No Partition of Association Properties 1. No Owner shall have the right to partition or seek partition of the Association Properties or any part thereof. D. Liability of Owners for Damage by Member 1. Each Member shall be liable to the Association for any damage to Association Properties or for any expense or liability incurred by the Association, to the extent not covered by insurance, which may be sustained by reason of the negligence or willful misconduct of such Member or any person using the Association Properties through such Member and for any violation by such Member or any such Person of this Declaration or any Rule and Regulation adopted by the Association. The Association shall have the power, as elsewhere provided in this Declaration, to levy and collect a Reimbursement Assessment against a Member, after Notice and Hearing, to cover the costs and expenses incurred by the Association on account of any such damage or any such violation of this Declaration or of such Rules and Regulations or for any increase in insurance premiums directly attributable to any such damage or any such violation. E. Association Duties if Damage, Destruction, or Required Improvements 1. In the event of damage to Association Properties by fire or other casualty or in the event any governmental authority shall require any repair, reconstruction, or replacement of any Association Properties, the Association shall have the duty to repair, reconstruct, or replace the same. Any insurance proceeds payable by reason of damage or destruction of Association Properties by fire or other casualty shall be paid to the Association and shall be used, to the extent necessary, to pay the costs of repair, reconstruction, or replacement. If funds from insurance proceeds or from reserves for replacement are insufficient to pay all costs of repair, reconstruction, or replacement of Improvements by governmental authorities, the Association may, in order to make up any deficiency in the insurance proceeds or to pay for the required repair, replacement, or improvement, levy a Special Assessment, or if a Member or group of Members is liable for such damage, levy a Reimbursement Assessment against the Member or group of Members responsible therefore, to provide the additional of Repair, reconstruction, or replacement funds necessary. p Association Properties shall be done under such contracting and bidding procedures as the Association shall determine are appropriate. If insurance proceeds available to the Association on account of damage or destruction exceed the cost of repair, reconstruction, and replacement, the Association may use the same for future maintenance, repair, improvement, and operation of other Association Properties. F. Association Powers in the Event of Condemnation 1. If any Association Properties or interest therein are taken under exercise of the power of eminent domain or by private purchase in lieu thereof, the award in condemnation or the price payable shall be paid to the Association, except to the extent payable to any other person with an interest in such property, including any mortgagee of such property. The Association shall have the exclusive right to participate in such condemnation proceedings and to represent the interest of all Owners or other persons therein. Any award or funds received by the Association shall be held by the Association in the maintenance fund as determined by the Board, as a reserve for future maintenance, repair, reconstruction, or replacement of Association Properties or may be used for improvements or additions to or operation of Association Properties. No Owner shall be entitled to participate as a party or otherwise in any condemnation proceedings. G. Title to Association Properties on Dissolution of Association 1. In the event of dissolution of the Association, the Association Properties shall, to the extent permitted by law and reasonably possible, be conveyed or transferred to an appropriate public, governmental or quasi-governmental agencies or organizations or to a nonprofit corporation, association, trust, or other organization, to be used, in any such event, for the common benefit of Owners for similar purposes for which the particular Association Property was held by the Association. To the extent the foregoing is not possible, the Association Properties shall be sold or disposed of and the proceed from the sale or disposition shall be distributed to Members in proportion to the number of Lots owned by such Member in the Common Area. No transfer to any government entity shall occur unless the Board of County Commissioners of Weld County specifically agrees to the transfer. V. Association Operation A. Association. 1. The Association has been formed as a Colorado Cooperative Association. The name of the Association is "The Meadows Estates Homeowners Association (The Association). The Association has been organized prior to the date the first Lot located in the Common Area is conveyed to a Purchaser. The Association shall have the duties, powers, and rights set forth in the Colorado Cooperative Association Act, this Declaration and in its Articles of Incorporation and Bylaws. As more specifically set forth hereinafter, the Association shall have a Board of Directors to manage its affairs. Except as may be provided herein, the Articles of Association or the Bylaws, the Board of Directors shall be selected by Owners acting in their capacity as Members of the Association. B. Association Board of Directors 1. The affairs of the Association shall be managed by a Board of Directors. The number, term, and qualifications of the Board of Directors shall be fixed in the Articles of Incorporation and Bylaws. The Board of Directors may, by resolution, to delegate portions of its authority to Officers of the Association, but such delegation of authority shall not relieve the Board of Directors of the ultimate responsibility for management of the affairs of the Association. Action by or on behalf of the Association may be taken by the Board of Directors or any duly authorized executive committee, officer, agent, or employee without a vote of Members, except as otherwise specifically provided in this Declaration. C. Membership in Association 1. Each Owner of a Lot within The Meadows Estates P.U.D. shall be a Member of the Association. There shall be one Membership in the Association for each Lot. The Person or Persons who constitute the Owner of a Lot shall automatically be the holder of the Membership appurtenant to that Lot, and the Membership appurtenant thereto shall automatically pass with fee simple title to the Lot. Declarant shall hold a Membership in the Association for each Lot owned by Declarant. Membership in the Association shall not be assignable separate and apart from fee simple title to a Lot except that an Owner may assign some or all of his rights as an Owner and as a Member of the Association to a tenant or Mortgagee and may arrange fora tenant to perform some or all of such Owner's obligations as provided in this Declaration, but no Owner shall be peuuitted to relieve himself of the responsibility for fulfillment of the obligations of an Owner under this Declaration. D. Voting Rights of Members 1. Each Member shall have the right to cast one vote for each Lot owned such Member in accordance with the Bylaws. by y Notwithstanding the foregoing, Declarant shall be entitled to select and appoint, in its sole discretion, Directors, in accordance with the Bylaws (the "Declarant's Control Period"), until the expiration of the Declarant's Control Period as hereinafter provided; provided, however, that not later than sixty (60) days after conveyance of twenty-five percent (25%) of the Lots that may be created within the Community Area by Declarant to Owners other than Declarant, at least one Member, and less than twenty-five percent (25%) of the Members of the Board of Directors must be elected by Owners other than Declarant and that not later than sixty (60) days after the conveyance of fifty percent (50%) of the Lots that may be created within the Community Area to Owners other than Declarant, not less than thirty-three and one-third percent (33-1/3%) of the Members of the Board of Directors must be elected by Owners other than Declarant. The Declarant's Control Period shall cease on the happening of any of the following events, whichever occurs earlier: (a) when seventy-five percent (75%) of the Lots that may be created within the Community Area have been conveyed to Persons other than Declarant and certificates of occupancy have been issued for residences constructed thereon; (b) two (2) years after the last conveyance of a Lot by Declarant in the ordinary course of business; or ( c ) when, in its discretion, Declarant so determines (collectively, the "Declarant's Control Period"). E. Determination of Member Voting Percentages 1. Notwithstanding anything to the contrary contained herein, only Members whose voting rights are in good standing under the Association's Bylaws (e.g., voting rights which have not been suspended as provided therein) shall be entitled to vote on Association matters. In accordance therewith, any and all provisions contained herein requiring the approval of a requisite percentage of Members of the Association shall be deemed satisfied when the requisite percentage of Members entitled to vote has been met. VI. Duties and Powers of Association A. Duty to Manage and Care for Association Properties 1. The Association shall manage, operate, care for, maintain, and repair all Association Properties and to keep the same in an attractive and desirable condition for the use and enjoyment of the Members. B. Duty to Pay Taxes 1. The Association shall pay all taxes and assessments levied upon the Association Properties and all taxes and assessments payable by the Association. The Association shall have the right to contest any such taxes or assessments provided that the Association shall contest the same by appropriate legal proceedings which shall have the effect of preventing the collection of the tax or assessment and the sale or foreclosure of any lien for such tax or assessment and provided that the Association shall keep and hold sufficient funds to pay and discharge the taxes and assessment, together with any interest and penalties which may accrue with respect thereto, if the contest of such taxes is unsuccessful. C. Duty to Maintain Casualty Insurance 1. The Association shall obtain and keep in full force and effect at all times, to the extent reasonably obtainable, property insurance on all insurable improvements and personal property owned by the Association or that must be owned by the Association in the future, for broad form covered causes of loss, including, casualty, fire, and extended coverage insurance with respect to all insurable improvements and personal property owned by the Association including, if available at reasonable costs, coverage for vandalism and malicious mischief and, if available and if deemed appropriate, coverage for flood, earthquake, and war risk. Such insurance shall, to the extent reasonably obtainable, be for the full insurable replacement cost of the insured property, less applicable deductibles at the time the insurance is purchased and at each renewal date, exclusive of land, excavation, foundations and other items normally excluded from property policies. D. Duty to Maintain Liability Insurance 1. The Association shall obtain and keep in full force and effect at all times, to the extent reasonably obtainable, general liability insurance against claims and liabilities arising in connection with the ownership, existence, use, or management of the Association Properties and covering public liability for bodily injury and property damage and, if the Association owns or operates motor vehicles, public liability for bodily injury and property damage arising as a result of the ownership and operation of motor vehicles. Such liability insurance for other than motor vehicle liability shall, to the extent reasonably obtainable, (a) have limits of not less than Five Hundred Thousand Dollars ($500,000.00) per person and One Million Dollars ($ 1,000,000.00) per occurrence; (b) insure the Board, the Association, the Manager, and their respective employees, agents and all Persons acting as agents; ( c ) include the Declarant as an additional insured, but only for claims and liabilities arising in connection with the ownership, existence, use or management of Association Properties; and (e) cover claims of one or more insured parties against other insured properties. E. General Provisions Respecting Insurance 1. Insurance obtained by the Association may contain such deductible provisions as good business practice may dictate. If the insurance described is not reasonably available, or if any policy of such insurance is canceled or not renewed without a replacement policy therefore having been obtained by it, the Association shall promptly cause notice of that fact to be delivered to all Members. The Association may carry any other type of insurance it considers appropriate in amounts it deems appropriate, to insure the interest of the Association. Insurance policies carried pursuant to the previous two sections above shall provide that (a) each Member is an insured person under the policy with respect to liability arising out of such Member's interest in the Association Properties or membership in the Association; (b) the insurer waives its right of subrogation under the policy against the Association, each Member, and any Person claiming by, through, or under such Member or any other director, agent, or employee of the foregoing; (c) no act or omission by any Member, unless acting within the scope of such Member's authority on behalf of the Association, will void the policy or be a condition to recovery under the policy; and (d) if at the time of a loss under the policy, there is other insurance in the name of a Member covering the same risk covered by the policy, the Association's policy shall be the primary insurance. The Association may adopt and establish written nondiscriminatory policies and procedure relating to the submittal of claims, responsibility for deductibles, and any other matters of claims adjustment. To the extent the Association settles claims for damages to real property, it shall have the authority to assess negligent Owners causing such loss or benefitting from such repair restoration for all deductibles paid by the Association. Insurance obtained by the Association shall, to the extent reasonably possible, and provided Declarant reimburses the Association for any additional premium payable on account thereof, name Declarant as an additional insured and shall contain a waiver of rights of subrogation as against Declarant. Insurance policies and insurance coverage shall be reviewed at least annuallyby the Board of Directors to ascertain whether coverage under the policies is sufficient in light of the current values of the Association Properties and in light of the possible or potential liabilities of the Association. The aforementioned insurance may be provided under blanket policies covering the Association Properties and property of Declarant. In no event shall insurance coverage obtained or maintained by the Association be brought into contribution with insurance purchased by Owners, occupants or their Mortgagees. F. Duty to Levy and Collect Assessments 1. The Association may levy and collect assessments. G. Duty to Keep Association Records 1. The Association shall keep financial records sufficiently detailed to enable the Association to comply with the Act, including, but not limited to, financial records sufficiently detailed to provide a statement setting forth the amount of any unpaid Assessments currently levied against an Owner. H. Power to Acquire Property and Construct Improvements 1. The Association may acquire property or interests in property for the common benefit of Owners including Improvements and personal property. The Association may construct Improvements on property and may demolish existing Improvements. Power to Adopt Rules and Regulations 1. The Association may adopt, amend, repeal, and enforce Rules and Regulations as may be deemed necessary or desirable with respect to the interpretation and implementation of this Declaration, the operation of the Association, the use and enjoyment of Association Properties, and the use of any other property within the Community Area, including Lots. Any such Rules and Regulations shall be effective only upon adoption by resolution of the Board of Directors. Notice of the adoption, amendment, or repeal of any Rule or Regulation shall be given in writing to each Member at the address for notices to Members as elsewhere provided in the Declaration or the Bylaws, and copies of the currently effective Rules and Regulations shall be made available to each Member upon request and payment of the reasonable expense of copying the same. Each Member shall comply with such Rules and Regulations. Such Rules and Regulations shall have the same force and effect as if they were set forth in and were part of this Declaration. In the event of conflict between the Rules and Regulations and the provisions of the Declaration, the provisions of this Declaration shall prevail. J. Power to Enforce Declaration and Rules and Regulations 1. The Association shall have the power to enforce the provisions of this Declaration and the Rules and Regulations and shall take such action as the Board deems necessary or desirable to cause such compliance by each member and each Person claiming by, through, or under such Member . Without limiting the generality of the foregoing, the Association shall have the power to enforce the provisions of this Declaration and the Rules and Regulations by any one or more of the following means: (a) by entry upon any property within the Community Area after Notice and Hearing (unless a bona fide emergency exists), without liability to the Owner thereof or the Association, for the purpose of enforcement or causing compliance with this Declaration or the Rules and Regulations; (b)by commencing and maintaining actions and suits to restrain and enjoin any breach or threatened breach of the provisions of this Declaration or the Rules and Regulations, by mandatory injunction or otherwise; ( c) by commencing and maintaining actions and suits to recover damages for breach of any of the provisions of this Declaration or the Rules and Regulations; (d) by suspension, after Notice and Hearing, of the voting rights of a Member during and for up to ten (10) days following any breach by such Member or a Related User of such Member of this Declaration or the Rules and Regulations, unless the breach is a continuing breach in which case such suspension shall continue for so long as such breach continues; (e) by levying and collecting, after Notice and Hearing, a Reimbursement Assessment against any Member for breach of this Declaration or the Rules and Regulations by such Member or Related User of such Member; and (0 uniformly applied fines and penalties, established in advance in the Rules and Regulations of the Association, from any Member or related user for breach of this Declaration or the Rules and Regulations by such Member or Related User of such Member. In the event that the Association fails to enforce the provisions of this Declaration as provided for herein, each Member shall, upon thirty (30) days written notice to the Association, have the power (a) to enforce the provisions hereof by commencing and maintaining actions and suits to restrain and enjoin any breach or threatened breach of the provisions of this Declaration, by mandatory injunction or otherwise; or (b) to commence or maintain actions and suits to recover those parcels of real property located adjacent, appurtenant to, or along the perimeter of the Community Area, and include the costs and expenses of such landscaping within the determination of common assessments. The Association shall have the power and authority to enter into maintenance and repair contracts to maintain, repair, and replace the landscaping and other improvements provided above. O. Recreational Facilities 1. The Association shall have the power, but not the obligation, to construct recreational facilities for the Owners of Lots within the Community Area. If the Association so chooses, the costs of such use shall be included as part of the Assessment. P. General Association Powers 1. The Association shall have all of the ordinary powers and rights formed under the Colorado Cooperative Association Act, including, without limitation, entering into partnership and other agreements, subject only to such limitations upon such powers as may be set forth in this Declaration or in the Articles of Incorporation or Bylaws. The Association shall also have the power to do any and all lawful things which may be authorized, required, or permitted to be done under this Declaration or the Articles of Incorporation or Bylaws and to do and perform any and all acts .which may be necessary or desirable. Q. Powers Provided by Law 1. In addition to the above-referenced powers, the Association shall have full power to take and perform any and all actions which may be lawfully taken by the Association under the Colorado Cooperative Association Act and the Colorado Common Interest Ownership Act. VII. Declarant Control Period A. The Declarant's Control Period shall cease on the happening of any of the following events, whichever occurs earlier: (a) when seventy-five percent (75%) of the Lots that may be created within the Community Area have been conveyed to Persons other than Declarant and certificates of occupancy have been issued for residences constructed thereon; (b) two (2) years after the last conveyance of a Lot by Declarant in the ordinary course of business; or ( c ) when, in its discretion, Declarant so determines (collectively, the "Declarant's Control Period"). VIII. Declarant's Rights and Reservations A. Period of Declarant's Rights and Reservations. 1. Declarant shall have, retain, and reserve certain rights as hereinafter set forth with respect to the Association and the Association Properties from the date hereof, until (a) the time that the last Lot within the Community Area has been sold and conveyed by Declarant to persons other than Declarant and a certificate of occupancy has been issued for the residence constructed thereon; (b) the date which is ten (10) years from Recordation of this Declaration (provided however, if permitted by the Act as amended from time to time, thirty (30) years from the Recordation of this Declaration), whichever event occurs first. The rights and reservations hereinafter set forth shall be deemed excepted and reserved in each conveyance of property by Declarant to the Association whether or not specifically stated therein and in each deed or other instrument by which any property within the Community Area is conveyed by Declarant. The rights, reservations, and easements hereinafter set forth shall be prior and superior to any other provisions of this Declaration and may not, without Declarant's prior written consent, be modified, amended, rescinded, or affected by any amendment of this Declaration. Declarant's consent to any one such amendment shall not be construed as consent to any other subsequent amendment. B. Right To Construct Additional Improvements. 1. Declarant shall have and hereby reserves the right, but shall not be obligated to, construct additional improvements on Association Properties at any time and from time to time in accordance with this Declaration for the improvement and enhancement thereof and for the benefit of the Association and Owners, so long as such construction does not directly result in an increase in the then current Common Assessments applicable to a Lot by more than fifty percent (50%). If any construction of additional Improvements would have such effect, Declarant may nevertheless construct such additional Improvements so long as Declarant agrees to subsidize directly the Association such excess expenses. Declarant shall convey or transfer such Improvements to the Association and the Association shall be obligated to accept title to, care for, and maintain the same as Association Properties as elsewhere provided in this Declaration. C. Declarant's Rights to Use Association Property in Promotion or Marketing. 1. Declarant shall have and hereby reserves the right to reasonable use of the Association Properties and of services offered by the Association in connection with the promotion and marketing of the Common Area. Without limiting the generality of the foregoing, Declarant may erect and maintain on any part of the Association Properties such signs, temporary buildings, and other structures as Declarant may reasonably deem necessary or proper in connection with the promotion, development, and marketing of real property within the Common Area; may use vehicles and equipment on Association Properties for promotional purposes; may permit prospective purchasers of property within the boundaries of the Common Area who are not Owners or Members of the Association to use Association Properties at reasonable times and in reasonable numbers; and may refer to the Association Properties and to the Association and services offered by the Association in connection with the development, promotion, and marketing of property within the boundaries of the Common Area. D. Declarant's Rights to Complete Development of Common Area 1. No provision of this Declaration shall be construed to prevent or limit Declarant's rights to complete development of property within the boundaries of the Common Area; to on, under, over, and across all Lots owned by Declarant, and Association Properties. G. Declarant's Rights to Convey Additional Property to Association 1. Declarant shall have and hereby reserves the right, but shall not be obligated to, convey additional real property and improvements thereon to the Association at any time and from time to time in accordance within this Declaration, so long as any conveyance does not directly result in an increase in the then current Common Assessments applicable to a Lot by more than twenty percent (20%), unless Declarant agrees to subsidize directly to the Association such excess expenses. IX. GENERAL RESTRICTIONS AND COVENANTS APPLICABLE TO COMMUNITY AREA A. Land Use 1. No lot shall be used except for single family residential purposes. Placement of mobile homes shall be restricted. Preconstructed private garages, barns, storage sheds, hay sheds, R.V. sheds, garden storage sheds, and other outlot buildings may be permitted as approved by the Homeowners Association. 2. No Quonset type buildings shall be constructed. 3. No obnoxious or offensive activity shall be permitted on any lot and there shall be no discharging of firearms. No manufacturing, industrial or commercial enterprises shall be permitted, except for home occupations, conducted within the interior of the house, provided that deliveries and pickups do not exceed 5 per day. 4. No structure of a temporary nature (trailer, RV, basement, etc.) shall be used as a temporary or permanent dwelling. 5. No signs or advertising of any kind shall be erected, placed, hung, etc or permitted except for Real Estate type signs, referring only to the lot on which it is displayed. construct or alter improvements on any property owned by Declarant within the Common Area, including temporary buildings; to maintain model homes, temporary buildings, construction trailer, or offices for construction or sale purposes, for similar facilities on any property owned by Declarant or owned by the Association within the Common Area; or to post signs incidental to development, construction, promotion, marketing, or sales of property within the boundaries of the Common Area. Nothing contained in this Declaration shall limit the right of Declarant or require Declarant to obtain approvals (a) to excavate, cut, fill, or grade any property owned by Declarant or to construct, alter, demolish, or replace any Improvements on any property owned by Declarant; (b) to use any structure on any property owned by Declarant as a construction, model home, or real estate sales office in connection with the sale of any property within the boundaries of the Community Area; or © require Declarant to seek or obtain the approval of the Association for any such activity or improvement to Property on any property owned by Declarant. Nothing in this Declaration shall limit or impair the reserved rights of Declarant as elsewhere provided in this Declaration. E. Declarant's Approval of Conveyances or Changes in Use of Association Properties 1. The Association shall not without first obtaining the prior written consent of Declarant, which consent shall not be unreasonably withheld, convey, change, or alter the use of Association Properties, Mortgage the Association Properties, or use Association Properties other than solely for the benefit of Members or as specifically allowed hereunder. F. Declarant's Rights to Grant and Create Easements 1. Declarant shall have and hereby reserves the right to grant or create temporary or permanent easements for access, utilities, drainage, water, and other purposes incident to development and sale of the Community Area Located in, 6. Landscaping for each lot shall be completed within one growing season after completion of residence. 7. Removal or replacement of existing trees along the ditch and open space is restricted by the Colorado Dept. Of Wildlife as this is wildlife habitat. 8. Ditches and oil wells are private property also, any and all nearby properties, whether posted or not, are private property. 9. No parking or staging of vehicles shall be allowed on county roads. B. Compliance with Laws 1. Nothing shall be done or kept on any property within the Community Area in violation of any law, ordinance, rule, or regulation of any governmental authority having jurisdiction. C. Further Subdivision of Lots 1. The owner of a Lot shall not further subdivide that Lot. D. Animals 1. No animals of any kind shall be raised, bred, trained or kept on any lot for commercial purposes, with exception of 4-H projects, rodeos, shows, etc. 2. Small animals shall be allowed at the limits set forth by Weld County codes at the time. No aggressive animals of any type shall be allowed and dogs are to be kept under voice control or physical restraint at all times and shall not be allowed to chase domestic animals, livestock or wildlife. 3. Large animals such as horses, cows, etc. shall be restricted to no more than 1 per acre, as per Weld County code. 4. All hay and animal feed must be inside a barn, shed or neatly stacked and covered. Each unit shall be maintained in a clean and sanitary manner, with water available to all animals at all times. E. Buildings and Improvements 1. All dwellings shall have a minimum living space above ground of not less than 1800 sq ft for a single story, excluding porches and garages. A dwelling with 2 or more stories shall have a minimum of 2800 sq ft of finished living space above ground. No more than 3 stories excluding basement shall be allowed and the height is contingent on whether it obscures the view of any neighbor. 2. All buildings and improvements shall be constructed of good and suitable materials and all workmanship shall result in first class construction accomplished in a professional manner. All fences must meet set back regulations and not exceed Weld County code for height. Smooth wire for livestock enclosures is acceptable. 3. Construction of buildings and improvements on any lot shall be completed within 1 year and the builder having received the necessary state and county engineering and building permits applicable at the time of application. 4. No tanks for storage of gas, fuel, oil or any material of a dangerous nature shall be erected. 5. Septic tanks and leach fields shall be identified on the plot plan. Activities such as landscaping (I.E., planting of trees and shrubs) and construction(I.E., auxiliary structures, dirt mounds, etc) are expressly prohibited in the designated absorption field site. All easements, ditches, utilities, shall show on the plot plan. All utilities shall be underground, with the exception of Lot #5 with the existing home. F. Maintenance 1. Weeds must be kept cut, sprayed, mowed or removed at all times. All fences shall be kept in good repair. "Good fences make good neighbors." (Robert Frost) 2. All dwellings, accessory buildings, barns, garages, sheds, fences, etc., shall be maintained in a clean, orderly and attractive manner. No trash, litter,junk or building materials shall remain visible , except during period of construction. 3. A common waste management agency will be encouraged to service all Lots. 4. No junk cars, vehicles, equipment, or unlicensed vehicles of any kind shall be permitted, unless concealed from view. R.V.'s, travel trailers, boats, motorcycles, snow mobiles, stock trailers, farm machinery and farm equipment should be neatly parked and covered when possible or parked by out buildings. G. Pasturing of Lots. 1. The area around the residential building is not to be used as a feed pasture. 2. The area outside the residential building is intended for animal exercise, riding area, and a minor supplement to the main food source of baled hay and commercially produced feed. H. Manure Handling 1. The lot owner is responsible for maintaining the property as a healthy environment for both humans and animals. The owner is responsible for manure removal and shall not be allowed to create an excessively offensive odor to other lot owners, by manure composting. It shall be removed in a damages for breach of any of the provisions of this Declaration. K. Power to Grant Easements 1. The Association shall have the power to grant access, utility, drainage, water facility, and other such easements in, on, over, or under Association Properties, as well as the power to designate portions of the Association Properties as limited common areas for the benefit of specific Lot owners. L. Power to Convey and Dedicate Property to Governmental Agencies 1. The Association, with the approval of Members representing at least eighty percent (80%) of the voting power of the Association entitled to vote (exclusive of the voting power of the Declarant), shall have the power to grant, convey, dedicate, or transfer any Association Properties or facilities to any public, governmental or quasi-governmental agency or authority for such purposes and subject to such terms and conditions as the Association shall deem appropriate, subject to the provisions elsewhere contained in this Declaration for approval of the same by Declarant with respect to property transferred to the Association by Declarant. Further, to the extent that any easement or right-of-way is required under or across any Association Properties which would not impair or hinder the use thereof, the Association shall have the right to grant or convey the same without the consent of the Members. M. Power to Engage Employees, Agents, and Consultants 1. The Association shall have the power to hire and discharge employees and agents and to retain and pay for management, (e.g., management company), legal and accounting services as may be necessary or desirable in connection with the performance of any duties or the exercise of any powers of the Association under this Declaration. N. Landscaping 1. The Association shall have the power and authority to maintain, repair, and replace the landscaping located on timely manner and screened from view. Regarding Outlots and Open Space. 1. The open space area is for exercise, riding and communal part time temporary grazing. It shall be kept sprayed and mowed and all fences shall be kept in good repair. 2. Lot owners should be aware that there may be a potential for nuisance conflicts from wildlife such as skunks, raccoons, foxes, coyotes, prairie dogs, and snakes. The Colorado Division of Wildlife can provide information about how to handle these situations, but lot owners are responsible for addressing these issues as they arise. 3. During certain times of the year, mosquitoes may present a significant nuisance, as well as a West Nile threat. Precautions should be taken to Lots and keeping areas free of standing water and puddles will help. Also J. Weld County's Right to Farm 1. Weld County is one of the most productive agricultural counties in the market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural lifestyle. Weld County establishes agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odo r from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35 3.5-102, C.R.S., provides that an agricultural operations shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. 2. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes or other structures, unless they have an adjudicated right to the water. 3. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities man that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. K. People are exposed to different hazards in the County than in urban or suburban setting. Farm equipment and oil field equipment ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmers livelihood. L. Irrigation ditch banks are not play grounds. Riding or playing on banks can be hazardous. Swimming or floating in ditches is unlawful as well as very dangerous. Children should be supervised at all times. M. Roads 1. Weld County (at this time) shall have no responsibility or obligation to construct, maintain or repair the Cul De Sac road known as Schrage Lane. As stated above under the duties and powers of the Declarant and the Association, the Declarant or the Association shall, at its own cost, maintain said road, including but not limited to, grading, resurfacing, and snow removal as arranged by the Declarant or the Association. X. Violations and NonCompliance A. Correction of Noncompliance 1. If the Declarant or the Association determines that a noncompliance exists, the Lot Owner shall remedy or remove the same within a period of not more than forty-five (45) days from the date of receipt by the Lot Owner of the ruling of the Declarant or the Association. If the Lot Owner does not comply with the ruling within such period, the Declarant or the Association may, at it's option, record a Notice of Noncompliance against the real property on which the noncompliance exists, may enter upon such property and remove the noncomplying improvement to property, or may otherwise remedy the noncompliance, and the Lot Owner shall reimburse the Association, upon demand, for all expenses incurred therewith. If such expenses are not promptly repaid by the Lot Owner to the Association, the Association or the Declarant may levy a Reimbursement Assessment against the Owner of the Lot for such costs and expenses. The right of the Association to remedy or remove any noncompliance shall be in addition to all other rights and remedies which the Association may have a law, in equity, or under this Declaration. The Owner of the Lot shall have no claim for damages or otherwise on account of the entry upon the property and removal of the noncomplying improvement or property. XI. Assessments, Budgets and Funds A. Maintenance Funds To Be Established 1. The Association may establish and maintain the following separate Maintenance Funds: (a) an Administrative Functions Operating Fund; and (b) an Administrative Functions Reserve Fund. The Maintenance Funds shall be established as one or more trust savings or trust checking accounts at any financial institution in which deposits are insured by an agency of the federal government. Notwithstanding anything else to the contrary contained herein, in no event shall the Association be required to apply any surplus funds of the Association remaining after payment of or provision for common expenses, or any prepayment of or provision for reserves, against any Members' future Common Assessment. B. Establishment of Other Funds 1. The Association may establish other funds as and when needed. Nothing herein shall limit, preclude, or impair the authority of the Association to establish other funds for specified purposes authorized by this Declaration. If the Association establishes any additional funds, the Board shall designate an appropriate title for the fund to distinguish it from other funds maintained by the Association. C. Deposit of Common Assessments to Maintenance Funds 1. Monies received by the Association from Common Assessments shall be deposited in the Maintenance Funds in accordance with the following provisions: (a) there shall be deposited to the Administrative Functions Operating Fund that portion of the Common Assessment which, according to the Association Budget for the year, was budgeted for operating costs and expenses of the Administrative Functions; and (b) there shall be deposited to the Administrative Functions Reserve Fund that portion of the Common Assessments which were budgeted for the Reserve Fund for Administrative Functions. D. Other Deposits to Maintenance Funds 1. The Association shall deposit Monies received by the Association from sources other than Common Assessments in the Maintenance Fund determined by the Board of Directors to be most appropriate. For example, the Reimbursement Assessments shall be deposited to the Maintenance Fund from which the costs and expenses were or will be paid which form the basis for the Reimbursement Assessments; and Special Assessments for capital repairs, maintenance, replacements, and Improvements shall be deposited to the Reserve Fund from which such capital Costs have been or will be paid. Interest and late charges received on account of delinquent assessments may be allocated among the Maintenance Funds in the same proportions as the delinquent assessments were allocated or, at the discretion of the Board of Directors, may be allocated to any one or more of the Maintenance Funds or other funds. E. Disbursements from Maintenance Funds 1. All amounts deposited in the Maintenance Funds shall be used solely for the common benefit of all the Members for purposes authorized by this Declaration. Disbursements from particular Maintenance Funds shall be limited to specified purposes as follows: (a) disbursements from the Administrative Functions Operating Fund may be made for such purposes as are necessary or proper under this Declaration, except those purposes for which disbursements are to be made from other Maintenance Funds; and (b) disbursements from the Administrative Functions Reserve Fund shall be made solely for purposes of finding those Administrative Functions which cannot be expected to recur on an annual or more frequent basis. F. Authority for Disbursements 1. The Board shall have the authority to make or to authorize an agent to make disbursements of any monies in the Maintenance Fund. G. Common Assessments 1. For each calendar year, the Association may levy Common Assessments against Owners of the Lots. Each Owner shall be obligated to pay the common Assessments levied against and allocated to such Owner and the Lot of such Owner, as hereinafter provided. H. Apportionment of Common Assessments 1. For purposes of assessing the Common Assessments, each Lot shall Constitute one (1) Unit regardless of the size, value, location, or use of such Lot. The amount of the Common Assessment for any year, payable by the Owner of such Lot, shall be computed by multiplying the total amount to be raised by the Common Assessments for that year, as shown in the Association Budget for that year, by a percentage (rounded to the nearest one-tenth of one percent (0.1%), derived from a fraction, the numerator of which is one (1) and the denominator of which is the total number of Lots in the Community Area as of the first day of that calendar year. Funding of Reserve Funds 1. The Board, in budgeting and levying assessments, shall endeavor, whenever possible, to fund the Administrative Functions Reserve Fund by regularly scheduled payments, included as part of the Common Assessments, rather than by large Special Assessments. Amounts in the Administrative Functions Reserve Fund may be used in the discretion of the Board of Directors, from time to time, for any purpose for which a Common or Special Assessment may be used. J. Supplemental Common Assessments 1. Subject to the provision of Section 9.14 hereof, if the estimated sums prove inadequate for any reason, including nonpayment of any Owner's Common Assessment, the Board may, from time to time, levy a Supplemental Common Assessment for any of the Maintenance Funds. Such Supplemental Common Assessment shall be assessed against the Owner of each Lot, in the same manner Common Assessments are originally assessed each year by the Board with respect to the particular Maintenance Fund. Written notice of any change in the amount of any annual Common Assessment shall be sent to every Owner subject thereto, not less than thirty (30) days prior to the effective date of such change. K. Limitation on Common Assessments 1. Except as otherwise provided herein, the Board of Directors shall not levy a Common Assessment against a Lot in any calendar year which is greater than one hundred fifty percent (150%) of the respective Common Assessment assessed against such Lot in the preceding calendar year ("Maximum Common Assessment"), except with the approval of Members representing at least two-thirds (2/3) of the voting power of the Association entitled to vote (exclusive of voting power exercisable by Declarant). L. Annual Budgets 1. The Board of Directors shall cause to be prepared, at least sixty (60) days prior to the commencement of each calendar year, a Budget for such calendar year,including a reasonable provision for contingencies and deposits into the Administrative Functions and Reserve Funds. The Budget shall show, in reasonable detail, the categories of expenses and the amount of expenses in each Maintenance Fund, and shall reflect any expected income of the Association for the coming calendar year and any expected surplus from the prior year and any existing surplus in any Reserve Fund. The budget may include an amount for contingencies and amounts deemed necessary or desirable for deposits to create, replenish, or add to the proper Reserve Fund for major capital repairs, replacements, and improvements for Association Properties. Within thirty (30) days after the adoption to any Budget, the Board shall cause a copy of the Budget to be distributed to each Member, shall cause a copy of the Budget to be posted at the principal office of the Association, and shall set a date for a meeting of the Owners to consider ratification of the Budget not less than fourteen ixafter mailing nor more than sixty (60) days or other delivery of the summary. Such meeting may be concurrent with the annual meeting of Members as provided in the Bylaws. Unless at that meeting a majority of the owners entitled to vote reject the Budget, the Budget shall be deemed ratified, whether or not a quorum is present. In the event the Budget is rejected, the periodic Budget last ratified by the Owners must be continued until such time as the Owners ratify a subsequent Budget proposed by the Board. In the event the Association does not have an address for any Member, such posting shall be deemed delivered to any such Member. At such time as the Association publishes a newsletter for Members, the Budget shall be published in such newsletter. Copies of the Budget shall be made available by the Association to any Members requesting a copy of the same upon payment of the reasonable expense of copying the same. M. Member Approval of Increase in Maximum Common Assessment 1. If the Board of Directors, by majority vote, determines that the important and essential functions of the Association will not be properly funded in any one year or in any one year and subsequent years by the amount of the Maximum Common Assessment, it may call a meeting of Members entitled to vote requesting approval of a specified increase in the Maximum Common Assessment, or either of them, for either one year or for that one year and one or more of all subsequent years. An increase in the Maximum Common Assessment for any one year or for any one year and all subsequent years shall require the approval of Members representing two-thirds (2/3) of the entire voting power of the Association entitled to vote (exclusive of the voting power exercisable by Declarant). N. Commencement of Common Assessment 1. Common Assessments shall commence and be due and payable as to each Lot within the Community Area in beginning the first year after the sale of the first Lot. The foregoing obligation to commence paying Common Assessments shall apply to all Lots included within the Community Area, including those owned by Declarant. The Common Assessments for the then current calendar year remaining from the date of commencement of such Common Assessments to the end of such calendar year. For the purposes of this Declaration, the Common Assessment for the first year shall be $100 per Lot (the "Initial Assessment"). In addition to the foregoing, each purchaser of a Lot from Declarant shall deposit with the Association an amount equal one-sixth (1/6th) of the Common Assessment for the applicable calendar year which amount shall be held by the Association in the Administrative Functions Reserve Fund. O. Payment of Assessment 1. Except for the Initial Assessment, Common Assessments shall be due and payable in advance to the Association by the assessed Member during the calendar year in one annual installment, on or before January 1 of each calendar year, or in such other manner and on such other dates as the Board of Directors may designate in its sole and absolute discretion. Notice of the amount of the Common Assessments shall be given to each Member prior to January 1 of each year. P. Failure to Fix Assessment 1. The failure by the Board of Directors to levy an Assessment for any year shall not be deemed a waiver or modification with respect to any of provisions the of this Declaration or a release of the liability of any Member to pay Assessments, or any installment thereof; for that or any subsequent year. No abatement of the Common Assessment or any other Assessment shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or Improvements to Association Properties or from any action taken to comply with any law or any determination of the Board of Directors or for any other reason. Q. Reimbursement Assessments 1. The Board of Directors may, subject to the provisions hereof, levy an Assessment against any Member if the willful or negligent failure of the Member or a Person claiming through the Member to comply with this Declaration, the Articles of Incorporation, the Bylaws, or the Rules and Regulations shall have resulted in the expenditure of funds by the Association to cause such compliance including, but not limited to, court costs and attorneys' fees. Such Assessment shall be known as a Reimbursement Assessment and shall be levied only after Notice and Hearing. The amount of the Reimbursement Assessment shall be due and payable to the Association thirty (30) days after notice to the Member of the decision of the Board of Directors that the Reimbursement Assessment is owing. R. Late Charges and Interest 1. If any Common Assessment, Special Assessment, or Reimbursement Assessment or any installment thereof is not paid within thirty (30) days after it due, the Member obligated to pay the Assessment may be required to pay a reasonable late charge to be determined by the Board. Any Assessment or installment of an Assessment which is not paid within thirty (30) days after the date of any Notice of Default and prior to the Recordation of a Notice of Lien hereof shall bear interest from the date of Recordation of the Notice of Lien at the highest rate then established by statute in Colorado for interest on damages for personal injury or on judgments in other actions, whichever is higher, but in no event less than eight percent (8%) per annum simple interest. S. Attribution of Payments 1. If any installment of a Common Assessment payment is less than the amount assessed and the payment does not specify the Maintenance Fund or Funds into which it should be deposited, the receipt by the Association from that Owner shall be credited in the following order of priority: (a) to the Administrative Functions Reserve Fund until that portion of the Common Assessment has been satisfied; and (b) to the Administrative Functions Operating Fund. In each of the foregoing cases, receipts shall be credited first to interest, attorneys' fees and other costs of collection, and next to principal reduction, satisfying the oldest obligations first followed by more current obligations, in accordance with the foregoing order of priority. T. Notice of Default 1. If any Common Assessment, Special Assessment, or Reimbursement Assessment or any installment thereof is not paid within thirty (30) days after its due date, the Board of Directors may mail a notice of default ("Notice of Default") to the Owner of the Lot and any mortgage holder who has requested a copy of the notice. The notice shall specify (a) the fact that the installment is delinquent; (b) the action required to cure the default; ( c) a date, not less than thirty (30) days from the date the notice is mailed to the Member, by which such default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the balance of the Assessment or the installments of the Assessment for the then current calendar year, if applicable, and the filing and foreclosure of the lien for the Assessment against the Lot of the Member. The notice shall further inform the Member of any right to cure the default and of any right to bring a court action to assert the non-existence of a default or any other defense of the Member. If the delinquent Assessment and any late charges or interest thereon are not paid in full on or before the date specified in the notice, the Board, at its option, may declare all of the unpaid balance of the Assessment to be immediately due and payable without further demand, if applicable, and may enforce the collection of the Assessment and all charges and interest thereon in any manner authorized by law in this Declaration. U. Remedies to Enforce Assessments 1. Each Assessment levied hereunder shall be a separate, distinct, and personal debt and obligation of the Owner or Member against whom the same is assessed. In the event of a default in payment of any Assessment or installment thereof, whether Common, Special, or Reimbursement, the Board may, in addition to any other remedies provided under this Declaration or by law, enforce such obligation on behalf of the Association by suit or by filing and foreclosure of a lien as hereinafter provided. V. Lawsuit to Enforce Assessments 1. The Board may bring a suit at law to enforce any Assessment obligation. Any judgment rendered in such action shall include any late charges, interest, and other costs of enforcement, including reasonable attorneys' fees in the amount as the court may adjudge, against the defaulting Owner or Member. W. Lien to Enforce Assessments 1. Pursuant to and in accordance with the Colorado Common Interest Ownership Act (CCIOA), the Association shall have a statutory lien on a Lot for any Assessment levied against that Lot, or fines imposed against its Owner, from the time Assessment or fine becomes due. All fees, charges, late charges, attorneys' fees, fines and interest outstanding from such Owner shall be included in such lien. The lien created hereby and under CCIOA shall be prior to any declaration of homestead rights Recorded after the time that the Lot becomes a part of the Community Area and shall have the priority attached to such lien under CCIOA and under Colorado law. The lien shall continue until the amounts secured thereby and all subsequently accruing amounts are fully paid or otherwise satisfied. Unless paid or otherwise satisfied, the lien may be foreclosed in the manner for foreclosure of mortgages in the State of Colorado or in any other manner provided under Colorado law. X. No Disbursements to Abate Adjoining Nuisances or Zoning Amendments 1. Nothing in this Declaration shall be construed so as to permit the Association to use any Assessments to abate any annoyance or nuisance emanating from outside the physical boundaries of the Community Area or to dispute any change to the zoning or assessment of any property adjacent to or outside the boundaries of the Community Area. Y. Supplemental Administrative Functions and Recreation Functions Common Assessments 1. Subject to the provisions above concerning Limitations on Common Assessments, if the Board levies a Common Assessment in an amount less than the Maximum Common Assessment for any calendar year, the Board by majority vote may thereafter levy one or more supplemental common assessments during such calendar year, if it determines that the important and essential functions of the Association cannot be funded by such lesser Common Assessments. In no event shall the sum of the initial and supplemental Common Assessment, as the case may be, for a calendar year exceed the Maximum Common Assessment permitted for that year except as provided in said section on Limitations of Common Assessments. XII. Miscellaneous A. Term of Declaration 1. Unless amended as herein provided, each provision contained in this Declaration shall continue and remain in full force and effect until December 31, 2050, and thereafter shall be automatically extended for successive periods of ten (10) years each unless terminated by the vote, by written ballot, of Members holding at lease seventy-five percent (75%) of the voting power of Members of the Association entitled to vote at a duly constituted meeting of the Members. In the event this Declaration is terminated, the termination of this Declaration shall be evidenced by a termination agreement, or ratification thereof, executed by the requisite number of Owners. The Termination Agreement shall specify a date after which the Termination Agreement will be void unless Recorded before such date. The Termination Agreement shall be Recorded and the termination of this Declaration shall be effective upon such Recording. B. Amendment of Declaration by Declarant 1. Until the first Lot subject to this Declaration has been conveyed by Declarant by a recorded deed, any of the provisions, covenants, conditions, restrictions, and equitable servitudes contained in this Declaration may be amended or terminated by Declarant by the recordation of a written instrument, executed by Declarant, setting forth such amendment or termination. C. Amendment of Declaration by Members 1. Except as otherwise provided in this Declaration or the Act, and subject to provisions elsewhere contained in this Declaration requiring the consent of Declarant or others, any provision, covenant, condition, restriction, or equitable servitude contained in this Declaration may be amended or replaced at any time and from time to time upon approval of the amendment or repeal by members of the Association holding at least seventy-five percent (75%) of the voting power of the Association entitled to vote present in person or by proxy at duly constituted meetings of the Members. The approval of any such amendment or repeal shall be evidenced by the certification by the Members to the Board of Directors of The Association of the votes of Members. The amendment or repeal shall be effective upon the recordation of a certificate, executed by the President or a Vice President and the Secretary or an Assistant Secretary of the Association setting forth the amendment or repeal in full and certifying that the amendment or repeal has been approved by The Members. Any Amendment to the Declaration made hereunder shall be effective only when Recorded. All amendments hereto shall be indexed in the grantee's index in the name of Declarant and the Association and in the Grantor's index in the name of each Person executing the amendment. D. Required Consent of Declarant to Amendment 1. During the Declarant Control Period and notwithstanding any other provision in this Declaration shall not be effective unless Declarant has given its written consent to such or repeal, which consent may be evidenced amendment epe by the execution by Declarant and of any certificate of amendment or repeal. The foregoing requirement for consent of Declarant to any amendment or repeal shall terminate at such time as all property in the Community Area and the last Lot within the Community Area has been sold and conveyed by Declaring and a certificate of occupancy has been issued for each residence within the Community area or within ten (10) years of the execution of this Agreement. E. Failure of Association or Declarant to Maintain Open Space 1. In the event the Association or the Declarant shall fail to maintain the open space areas in a reasonable order and condition in accordance with the original plan submitted with the final subdivision plat, the Board of County Commissioners for Weld County may exercise the power contained in CRS 24-67-105 as it now exists or as it may be amended. F. Duty of Property Owners to Maintain Common Areas 1. If an amendment to the covenants or other event occurs which in effect relieves the property owners from the duty to maintain the Common Areas, such provision shall be invalid unless the Board of County Commissioners of Weld County specifically agrees to accept the condition or duty or portion thereof that the property owners have transferred. Unless specifically agreed to by the Board of County Commissioners of Weld County, all maintenance of any Common Areas shall be the responsibility of the Association or the lot owners. G. Notices 1. Any notice permitted or required to be given under this Declaration shall be in writing and may be given either personally or by mail, telephone, or telegraph. If served by mail, each notice shall be sent postage prepaid, addressed to any Person at the address given by such Person to the Association for the purpose of service of such notice, or to the Lot of such Person if no address has been given to the Association and shall be deemed given, if not actually received earlier, at 5:00 p.m. on the second business day is deposited in a regular depository of the United after it e os P g P n' States Postal Service. Such Address may be changed from time to time by notice in writing to the Association. H. Persons Entitled to Enforce Declaration 1. The Association, and any Member of the Association entitled to vote shall have the right to enforce any or all of g the provisions, covenants, conditions, restrictions, and equitable servitudes contained in this Declaration against any property within the Community Area and the Owner thereof. The right of enforcement shall include the right to bring an action for damages as well as an action to enjoin any violation of any provisions of this Declaration. Enforcement of Self-Help 1. Declarant or the Association, or any authorized agent of either of them, may enforce, by self-help, any of the provisions, covenants, conditions, restrictions, and equitable servitudes contained in this Declaration, provided such self-help is preceded by Notice and Hearing concerning the enforcement with the opportunity for the alleged violator to be heard and correct or remedy the alleged violation. J. Limitation on Liability 1. The Association, Declarant, and any Member, agent, or employee of any of the same shall not be liable to any Person for any action or for any failure to act if the action or failure to act was in good faith and without malice. K. No Representations or Warranties 1. No representations or warranties of any kind, express or implied, shall be deemed to have been given or made by Declarant or its agents or employees in connection with any portion of the Community Area, or any improvement thereon, its or their physical condition, zoning, compliance with applicable laws, fitness for intended use, or in connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or regulations thereof, unless and except as shall be specifically set forth in writing. L. Remedies Cumulative 1. Each remedy provided under this Declaration is cumulative and not exclusive. M. Governing Law 1. This Declaration shall be construed and governed under the laws of the State of Colorado. N. Conflict with Colorado Common Interest Community Act 1. In the event that any of the terms and conditions of this Declaration are in conflict or inconsistent with the terms and conditions of the Colorado Common Interest Ownership Act, the terms and conditions of COIA shall control. All terms and provisions contained herein, to the extent possible, shall be construed in accordance with the terms and provisions of COIA. O. Binding 1. This agreement is binding to all parties and may not be terminated or modified without except as noted herein or as noted in The Meadows Estates Homeowners Association governing documents. Any termination or shall be filed accordingly with Weld County Clerk and Recorder and if appropriate any other governing body of the State of Colorado. P. Covenants Running With the Land 1. These covenants shall operate as covenants running with the land for the benefit of any persons who now own or may hereafter own property in The Meadows Estates. Q. Disclaimer Regarding Safety 1. DECLARANT AND THE ASSOCIATION HEREBY DISCLAIM ANY OBLIGATION REGARDING THE SECURITY OF ANY PERSONS OR PROPERTY WITHIN THE COMMUNITY AREA. ANY OWNER OF PROPERTY WITHIN THE COMMUNITY AREA ACKNOWLEDGES THAT DECLARANT AND THE ASSOCIATION ARE ONLY OBLIGATED TO DO THOSE ACTS SPECIFICALLY ENUMERATED HEREIN, OR [N THE ARTICLES OF INCORPORATION AND BYLAWS, AND IS NOT OBLIGATED TO DO ANY OTHER ACTS WITH RESPECT TO THE SAFETY OR PROTECTION OF PERSONS OR PROPERTY WITHIN THE COMMUNITY AREA. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed as of the day and year first written above. 131ailc.tj 7Gz .�� C�1 � c. om r Theodore H. Schrage, Trustee Schrage Living Trust Owner, The Meadows Estates P.U.D. Acknowledged before me th' . . Attloc120.1 by Theodore H. Schrage, g �� trustee for the Schrage Living Trust. 70( (1 Li 7)1DO17.\- Witness my hand and official seal. My commission expires: fZ)/ / ) / RILLIE J. MOORE Notary Public Addre : NOTARY PUBLIC ' HV STATE OF COLORADO J L Walter Consulting 114 E. 5th Street Loveland,CO 80537 (970)613-2037 FAX (970) 203-1147 August 18, 2010 Michelle Martin Weld County Planning Services 1555 North 17th Ave. Greeley, CO 80631 RE: The Meadows Estates PUD—PF-1079 Dear Michelle, Please find transmitted herewith two executed copies of the Improvement Agreement for the referenced project, including Exhibits A and B. Also included is a copy of the bid received for the landscaping as requested. This bid includes that for the reseeding of the project upon completion of earthwork, and,as indicated in the letter response to the Division of Wildlife,three trees will be planted in the detention pond near the existing ditch to replace those trees that will be removed as part of the detention pond construction. No other landscaping was required on this project. If you have any questions regarding the above,please advise. Sincerely, J L Walter Consulting x J L Walter odore H. Scbrage IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (ON-SITE ONLY) Schrage/The Meadows Estates PUD—PF-1079 THIS AGREEMENT, made and entered into this g day of aeglied. 4 , by and between the County of Weld, State of Colorado, acting through Board of County Commissioners, hereinafter called "County," and Ted Schrage, hereinafter called "Property Owner." WITNESSETH: WHEREAS, Property Owner is the owner of, the following described property in the County of Weld,Colorado: Lot B of RE-4042, being part of the E2 of Section 6, T4N, R68W of the 6th P.M.,Weld County,Colorado hereinafter referred to as"the Property,"and WHEREAS, Property Owner has acquired land use permits from County for a Planned Unit Development for 5 residential lot with Estate uses and 7.7 acres of Agricultural common open space on approximately 31.7 acres on the above described real property, and the County is currently in the process of considering an Planned Unit Development for the Property(PF-1079), and WHEREAS, the Property Owner acknowledges that the issuance of PF-1079 is conditional upon Property Owner's performance of the on-site and/or off-site improvements which are described in this Agreement and depicted in a set of plans provided by Property Owner (hereinafter referred to as "Plans"), a copy of which is attached to this Agreement and made a part hereof, and WHEREAS, Property Owner acknowledges that it may not engage in any activity described in PF-1079 and/or any activity related to the businesses described above until said improvements have been completed, and WHEREAS, the parties agree that Property Owner shall not be required to commence work on the on-site improvements, nor to provide collateral for said improvements as required by this Agreement until Property Owner submits and receives approval of an application for a grading permit or for a Right-Of-Way permit for construction of accesses and work within the County Right-Of-Way. 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: Non-Applicable at this time. Improvements to State Highway 60 shall be coordinated with the Colorado Department of Transportation (CDOT). In M:\PLANNING—DEVELOPMENT REVIEWl3-Final Plat(PF,MF,MJF)1PF-1079 Schrage PUD\Improvements Agreement\PF-I079 Schrage PUD Improvements Agreement-Draft(5 27-10)_docx Page 1 of 11 the event that direct access is required at another location, Property Owner shall apply to Weld County and/or CDOT for required permits, as needed. Granting of any new point of access may generate additional obligations with County for Off-Site Improvements and the need to post "Road Maintenance Collateral". B. Haul Routes:Non-Applicable C. Road Maintenance Requirements: Non-Applicable 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/or PUD Plat Map. Specifically, Property Owner shall at its own expense, plant, install and maintain all trees, grass and shrubs and other landscaping and re- seeding where applicable as shown on the accepted Construction Plans and/or PUD Plat Map. Additionally, the Property Owner shall install and maintain fencing to screen the property where applicable as indicated on the accepted Construction Plans and/or PUD Plat Map. In the event any 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. 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, as further described in the accepted Construction Plans and/or PUD Plat Map. Specific access improvements shall include; construction of adequate asphalt or concrete paved tracking access apron at the main entrance onto State Highway 60, and an asphalt or concrete paved roadway running from the access apron into the development off of State Highway 60 to the end of the cul-de-sac. An accepted final geotechnical report from the applicant's engineer will be utilized for formulating the access roadway pavement design adequate to support oil service truck traffic. 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 onsite improvements. Any additional infrastructure improvements will be addressed at the time of application for any future amended PUD. Some of these improvements may include work extending into State or County Right-Of-Way in which case a Right-Of-Way and/or Colorado Department of Transportation (CDOT) access permit is required. 3.0 Timing of Improvements: Property Owner shall not be required to initiate the landscaping requirements until the occurrence of the triggering event for all improvements, namely the approval of the grading permit by the County or an amendment to the existing PUB. No grading permit will be released until collateral is posted for the associated improvements and the 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 pre-approved in writing by the County Planning and M:\PLANNING—DEVELOPMENT REVIEW\3-Final Plat(PF,MF,MJF)\PF-1079 Schrage PUD\Improvements Ageement1PF-1079 Schrage PUD Improvements Agreement-Draft(5-27-10).docx Page 2 of i 1 Public Works Departments. At that time, and unless otherwise amended, Property Owner agrees that all landscaping and other on-site improvements, as indicated in Section D. 2.0 above shall be completed within the parameters established in Section E. 7.2 and Exhibit B. 4.0 Acceptance of On-Site Improvements: Upon completion of the on-site improvements, Property Owner shall contact the County Department of Planning Services and the 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 Paragraph E.6.0, sections 6.1-6.3. 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 its own expense, 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 shown on the accepted Construction Plans and PUD Plat Map, be solely responsible for the costs listed on Exhibit "A" and described in parts A and D of this agreement, which is attached hereto and incorporated herein by reference, with the improvements interior to the Property being completed by the dates set forth on Exhibit "B". The Board of County Commissioners, at its option, may grant an extension of the time of completion set forth in Exhibit B upon application by the Property Owner. M:IPLANNING—DEVELOPMENT REVIEWI3-Final Plat(PF,MF,MJF)1PF-1079 Sehrage PUDllmprovements AgreementVPF-1079 Schrage PUD Improvements Agreement-Draft(S-27-I0).doex Page 3 of 11 3.1 Said construction shall be in strict conformance to the plans and drawings thespecifications adopted by the County. accepted by the County and p ty 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 accepted plans and specifications shall be removed and replaced to the satisfaction of the County at Property Owner's expense. 3.4 Said PUD improvements or on-site improvements, including any access improvements, shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B." The Board of County Commissioners, at its option, may grant an extension of the time of completion of items shown on the accepted Construction Plans and PUD Plat Map, with associated costs shown on Exhibit "A", upon application of the Property Owner subject to the terms of Section E.6 herein. 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 applicable laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Warranty of 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 one (1) year. The warranty period shall begin only after the County's execution of a written acceptance of the improvement(s). M:\PLANNING—DEVELOPMENT REVIEW-Final Plat(PF,MF,MIF)\PF 1079 Schrage PUDUmprovements Agreement\PF-1079 Schrage PUD Improvements Agreement-Draft(5-27-10).docx Page 4 of 11 6.0 Acceptance of Improvements by the County: Upon compliance with the following procedures by the Applicant, the improvements shall be deemed accepted by the County. 6.1 If requested by the Applicant and approved by the County, portions of the improvements may be placed in service when completed according to the schedule shown on Exhibit "B," but such use and operation shall not, alone, constitute an acceptance of said portions of the improvements. 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 PUD improvements in that phase of the PUD is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Applicant. 6.3 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, Property Owner may, as set forth in Paragraph 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 and further that the one-year warranty period begin. Upon completion of the one-year warranty period, the County Engineer and/or the Weld County Department of Planning Services shall, upon request of Property Owner, inspect the subject improvements, and notify Property Owner of any deficiencies. If any deficiencies are discovered, Property Owner shall correct the deficiencies. The County Engineer and /or the Department of Planning Services shall reinspect the improvements after notification from Property Owner that said deficiencies have been corrected. If the County Engineer and/or Department of Planning Services find 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 and/or the Department of Planning Services for acceptance of improvements within the PUD, the Board of County Commissioners shall fully accept said improvements. 6.3.1 All references in this Agreement to"Acceptance of Improvements" shall refer to the County confirming completion of said improvement(s) according to the accepted Construction Plans. By accepting any improvement, the County does not thereby accept said improvement for purposes of future maintenance,nor does the County accept any present or future responsibilities or obligations relative to these improvements. 7.0 General Requirements for Collateral: M:\PLANNING—DEVELOPMENT REVIEWI3-Final Nat(PF,MF,MJF)\PF-1079 Schrage PUD\Improvements Agreement\PF-1079 Schrage PUD Improvements Agreement-Draft(5-27-10).docx Page 5 of 11 • 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 and (2) Warranty Collateral required for all improvements during the warranty phase. 7.2 Project Collateral submitted to Weld County to guarantee completion of the improvements identified on the accepted Construction Plans 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. Collateral for Off-site improvements that extend partially off-site as mentioned in Paragraph A.1.0(if any) of this Agreement that include only improvements involving turning radii and approaches can be included as part of the On-site collateral amount, if clearly delineated on accepted Construction Plans and differentiated as p "Entrance Improvements" on Exhibit "A" On-Site Improvements of this Agreement. Such collateral shall be provided to the County on the dates set forth herein and shall be held in total by County as provided in Paragraph E. 6.3 below until all improvements have been completed. This collateral must be submitted to County upon the approval of this Agreement by the Board of County Commissioners. 7.3 Warranty collateral for all on-site and off-site improvements shall be submitted to County and shall be held in total by the County for one (1) year 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 Acceptable Project collateral shall be submitted at the time Property Owner submits an application for the grading permit or Right-Of-Way access permit prior to commencement of Site Preparation, as herein defined. 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 the improvements are updated and collateral is provided in the amount of One-Hundred percent (100%) of the value of the improvements to be completed, and the development plans are revised to comply with all current County standards, policies and regulations. 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. If improvements are not completed within these time frames, the County, at its discretion,may make demand on all or a portion of the collateral and take steps to see that the improvements are made. "Site Preparation" shall mean earthwork grading or performance of work, or construction or M:\PLANNING- DEVELOPMENT REVIEWI3-Final Plat(PF,MF,MIF)\PF-1079 Schrage PUD\Improvemenis Agreement\PF-1079 Schrage PUD Improvements Agreement-Draft(5-27-10).docx Page 6 of 11 installation of improvements related to Applicant's operations pursuant to PF-1079 that require a grading or building permit from the County pursuant to the Weld County Code. 7.6 Collateral may be in the form of an irrevocable letter of credit(LOC) in an amount equivalent to (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 Applicant upon request. 7.7 Collateral may be in the form of a surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. The surety bond 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 surety bond: (PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Applicant upon request. 7.8 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. 7.9 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. 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 may not terminate existing collateral until replacement collateral has been secured. 8.0 Request for Release of Collateral: Collateral shall be released in accordance with the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of M:IPLANNING--DEVELOPMENT REVIEW-Final Nat(PF,MF,MTF)1PF-1079 SchragePUthImprovements Agreement\PF-1079 Schrage PUD Improvements Agreement-Draft(5-27-10).docx Page 7 of 11 Colorado(hereinafter"Engineer"),that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: Li The 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. The Engineer shall certify that the project "as-built" is in substantial compliance with the plans and specifications as accepted, or that any material deviations have received prior written acceptance from the County Engineer. 8.4 The Statements of Substantial Compliance must be 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 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 Department of Public Works, the Property Owner may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.8 For all off-site and on-site improvements (including improvements to public rights-of-way or easements), the written request for release of "Project Collateral" shall be accompanied by"Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement. However, collateral for improvements fully accepted for maintenance by a responsible governmental entity, special district or utility company will be fully refunded to Property Owner. 8.9 Following the written request for release of the "Warranty Collateral", the Weld County Department of Planning Services and the Weld County M:\PLANNING—DEVELOPMENT REVmW13-Final Plat(PF,MF,MJF)IPF 1079 SchragePUDlimprovements Agreement\PF-1079 Selvage PtJD Improvements Agreement-Draft(5-27-10).docx Page 8 of II • Department of Public Works County shall inspect the on-site improvements. If the improvements need 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 "Road Maintenance Collateral" (If Applicable) shall be maintained as long as the USR is active. It shall be adjusted annually by the inflation rate based on the "Colorado Construction Cost Index Report" as published by the Colorado Department of Transportation. Road Maintenance Collateral shall be adjusted annually, during the month of January, for inflation. The First adjustment shall be made no less than twelve months after, and in no event later than twenty four months from the execution of this Agreement 9.0 Successors and Assigns: Except as specified herein, this Agreement may not be delegated, transferred or assigned in whole or in part by either party hereto without the express written consent of the other party and the written Agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld. Notwithstanding the previous two sentences, the obligations to improve and maintain the improvements outlined in this Agreement may be delegated to a purchaser of a portion or all of the Property or business operation conducted thereon, provided further that County's consent to such does not relieve Ted Schrage/Schrage PUD (PF-1079) of any obligations under this Agreement. Notwithstanding any other provisions of this Agreement or of this paragraph, County may delegate or assign its rights and obligations under this Agreement without the consent of Property Owner (or its assigns, delegates or successors in interest) to another governmental entity which by annexation or agreement has assumed jurisdiction over the roads affected by this Agreement. This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the 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. 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 which County believes constitute the violation. Property Owner shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of this Agreement. G. 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 M:\PLANNING- DEVELOPMENT REVIEW\3-Final Plat(PF,MF,MJF)\PF-1079 Schrage PUD\Improvements Agreement\PF-1079 Schrage PUD Improvements Agreement-Draft(5-27-I0).docx Page 9 of 11 or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. H. 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. M:\PLANNING--DEVELOPMENTREVIEWl3-Final Plat(PF,MF,MJF)\PF-1079 Schrage PUD\Improvements Agreement\PF-1079 Schrage PUD Improvements Agreement-Draft(5-21-10).docx Page 10 o£11 Name of Subdivision,PUD,USR,RE,SPR:''(it 4,0t.3,.�Es-ft; ?O iling/Case#: Location:$ 3 . "4-:6, Personnel Contact:Name coAore l-4,5c�d� , 1�e l t;c%S Are Title ik�. _ee,_ Phone970 -S3Z—186`g Intending to be legally bound,the undersigned Applicant hereby agrees tojrovide throughout this facility thefollowing it provenzents. Improvements V ';SITES (Leave spaces blank where they do not apply) .. I Quantity Units Unit Costs($) Estimated Construction Cost rs 1 Site Grading a( LS. t r u e c 4. Lace • Street Grading . E L, ,ii' 6'1 CO O * 4; g0 c Street Base 1 „s. 31 , ,moo c Zi , s 0 e Street Paving L 5-. li-6 , O C O' 4;, 4 iap® t Entrance Improvements(Per See. E.-7.2) i L- S. 4 4- ) ECG 4 4- CC6n Curbs, Gutters,and Culverts Sidewalk Stormwater/Drainage Facilities 1 c.. ,5: 1 Z at O 00 + •Z o t 0 0 C Retention/Detention Ponds I C. 5: t 9 , c C e . a, tr 0 d Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control Measures/BMP's 1 L -5, li 4 1 o O D $ 4 coo Laterals(house or building connected) Q)lo® - 4 000 C, Water Supply and Storage Water Mains(includes bore) 1 L. S _ 3 33,®oo S 3-4,, 000 Fire Hydrants 3 e Ft, t g, o© O 4 5 1 coo Survey,Street Monuments/Boxes Parking Area Street Lighting f Eft , $ zi sod 4. •Z ,s CO Street Names Signage&Pavement Marking b L.5. 4 300 ; 00 Fencing Requirements • Landscaping I L,S,f 4 z SO O 4 s. 500 Park Improvements Telephone 4 EA- 4 s©c' i -z t O 0 Gas 4- EA t son 4 `Zi coo Electric 4 ER 1, 000 ; g, OO6 Water Transfer SUB-TOTAL: S jg‘a$ 4)O Engineering and Supervision Costs$ 410,00c) (Testing,inspection,as-built plans and work in addition to preliminary and final plat;supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ t 1' 56 I e o? IN WITNESS WHERE° hereto have caused this Agreement to be executed on the day and year first abov ar°„ Te NOT ��.c ScA.v0.yyc l.wwx "Gr • ®. ��PR ERTY -rAeodor SclAret e Irms4e( O' 11ff��L it ROPER r� ?OWNER: My Co, mi ' EX � / 1 �, Subscribed and sworn to before me this 1 day of L'l�.f , (32C/ BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Douglas Rademacher, Chair Weld County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney M:IPLANNING—DEVELOPMENT REVIEWW\3-Final Plat(PF,MF,MJF)\PF-1079 Schrage PUD Improvements Agreement\PF-1079 Schrage PUD Improvements Agreement-Draft(5-27-10).docx Page II of 11 EXHIBIT B-Time Schedule(ON-SITE)& (OFF-SITE) {_IAN?,04 - 40 4 Z_ Name of Subdivision,PUD,USR,RE,SPII.FriAe OW99 ES"Cxf(25 Pi)Filing/Case#: Location:Se-C. (0—4 ` (.'" Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. All improvements shall be completed within I years from the date of approval of the final plat. Construction of the umprovements listed in Exhibit A shall be completed as follows: Improvements Tinie Schedule (Leave spaces blank where they do not apply) (ON-SITE) (OFF-SITE i Site Grading .3(-s v\ • Q I Street Grading J t ` v 1 Street Base Se 1, 0 t i J t Street Paving Se p ' o 11 Curbs,Gutters,and Culverts Sidewalk Stormwater/Drainage Facilities V. I ' -Lo II Retention/Detention Ponds .�u•�e Zo t Road Culvert Grass Lined Swale Ditch Improvements • Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control Measures/BAIP's Laterals(house or building connected) Water Supply and Storage Water Mains(includes bore) S ` , i7 l Fire Hydrants ` Z O Survey,Street Monuments/Boxes Parking Area Street Lighting tl u.54- Z.ol l Street Names Signage&Pavement Marking eF 1-Y O f Fencing Requirements Landscaping Park Improvements Telephone 11.L.5-1c, Z 01 t Gas R ls.c U.5+, '21)( 1 Electric At ti tA.S-4-L "Lot I Water Transfer Final Completion Date for Entire Project 0GT0\02"_l ZO 1 t 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 e Applicant that the above schedule cannot 7 • be met. �tce .....„FaO t:SOTAR 1°• ail document has been subscribed and a® Affl ed, or sworn to before me In the ° PUBLIC r o of Larim ,State of Colorado, B t A c (vita. S- .., By: S �r � Le% v% vjg � OFc� s d'v A plicant: (L e o a o 2 N • S C` t N r a J q NOfaPJ/ Date r- /s, Title k s --c C. -Vty CanrnitizSf.04 By: g1/ t r Applicant Date /f , 20 w Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) M:t GREEMENTS\Exhibits\Exh B Time Schedule.xls Dirt One Excavatinj Inc. (° ' °2 Big Or Small We Dig it All Cell 970-566-5040 Office and Fax 970-667-8405 Meadow Estates Landscape Bid 3 - 2 1/2 " dia. Seedless cotton wood trees 600.00 Pasture grass mix seeding 2900.00 Total $3500.00 Roger D Baars 8-18-2010 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (ON-SITE ONLY) Schrage/The Meadows Estates PUD—PF-1079 THIS AGREEMENT, made and entered into this if day of gzze, .21.O it) by and between the County of Weld, State of Colorado, acting through ' Board of County Commissioners, hereinafter called "County," and Ted Schrage, hereinafter called "Property Owner." WITNESSETH: WHEREAS, Property Owner is the owner of, the following described property in the County of Weld, Colorado: Lot B of RE-4042,being part of the E2 of Section 6, T4N,R68W of the 6th P.M., Weld County, Colorado hereinafter referred to as "the Property;" and WHEREAS, Property Owner has acquired land use permits from County for a Planned Unit Development for 5 residential lot with Estate uses and 7.7 acres of Agricultural common open space on approximately 31.7 acres on the above described real property, and the County is currently in the process of considering an Planned Unit Development for the Property(PF-1079), and WHEREAS, the Property Owner acknowledges that the issuance of PF-1079 is conditional upon Property Owner's performance of the on-site and/or off-site improvements which are described in this Agreement and depicted in a set of plans provided by Property Owner (hereinafter referred to as "Plans"), a copy of which is attached to this Agreement and made a part hereof, and WHEREAS, Property Owner acknowledges that it may not engage in any activity described in PF-1079 and/or any activity related to the businesses described above until said improvements have been completed, and WHEREAS, the parties agree that Property Owner shall not be required to commence work on the on-site improvements, nor to provide collateral for said improvements as required by this Agreement until Property Owner submits and receives approval of an application for a grading permit or for a Right-Of-Way permit for construction of accesses and work within the County Right-Of-Way. 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: Non-Applicable at this time. Improvements to State Highway 60 shall be coordinated with the Colorado Department of Transportation (CDOT). In M:\PLANNING—DEVELOPMENT REVIEW\3-Final Plat(PF,MF,MJF)1PF-1079 Schrage PUDUmprovemerts Agreement\PF-1079 Schrage PUD Improvements Agreement-Draft(5-27-10).docx Page 1 of 11 the event that direct access is required at another location, Property Owner shall apply to Weld County and/or CDOT for required permits, as needed. Granting of any new point of access may generate additional obligations with County for Off-Site Improvements and the need to post "Road Maintenance Collateral". B. Haul Routes_Non-Applicable C. Road Maintenance Requirements:Non-Applicable 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/or PUD Plat Map. Specifically, Property Owner shall at its own expense, plant, install and maintain all trees, grass and shrubs and other landscaping and re- seeding where applicable as shown on the accepted Construction Plans and/or PUD Plat Map. Additionally, the Property Owner shall install and maintain fencing to screen the property where applicable as indicated on the accepted Construction Plans and/or PUD Plat Map. In the event any 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. 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, as further described in the accepted Construction Plans and/or PUD Plat Map. Specific access improvements shall include; construction of adequate asphalt or concrete paved tracking access apron at the main entrance onto State Highway 60, and an asphalt or concrete paved roadway running from the access apron into the development off of State Highway 60 to the end of the cul-de-sac. An accepted final geotechnical report from the applicant's engineer will be utilized for formulating the access roadway pavement design adequate to support oil service truck traffic. 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 onsite improvements. Any additional infrastructure improvements will be addressed at the time of application for any future amended PUD. Some of these improvements may include work extending into State or County Right-Of-Way in which case a Right-Of-Way and/or Colorado Department of Transportation (CDOT) access permit is required. 3.0 Timing of Improvements: Property Owner shall not be required to initiate the landscaping requirements until the occurrence of the triggering event for all improvements, namely the approval of the grading permit by the County or an amendment to the existing PUD. No grading permit will be released until collateral is posted for the associated improvements and the 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 pre-approved in writing by the County Planning and M:\PLANNING--DEVELOPMENT REVIEW\3-Final Plat(PF,MF,MIF)1PF-1079 Schrage PUD\Improvemeals Agreement\PF-1079 Schrage PUD Improvements Agreement-Draft(5-27-10).docx Page 2 of 1I Public Works Departments. At that time, and unless otherwise amended, Property Owner agrees that all landscaping and other on-site improvements,as indicated in Section D.2.0 above shall be completed within the parameters established in Section E. 7.2 and Exhibit B. 4.0 Acceptance of On-Site Improvements: Upon completion of the on-site improvements, Property Owner shall contact the County Department of Planning Services and the 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 Paragraph E.6.0, sections 6.1-6.3. 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 its own expense, 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 shown on the accepted Construction Plans and PUD Plat Map, be solely responsible for the costs listed on Exhibit "A" and described in parts A and D of this agreement, which is attached hereto and incorporated herein by reference,with the improvements interior to the Property being completed by the dates set forth on Exhibit "B". The Board of County Commissioners, at its option, may grant an extension of the time of completion set forth in Exhibit B upon application by the Property Owner. M:\PLANNING-DEVELOPMENT REVIEW\3-Final Plat(PF,MF,MJF)1PF-1079 Schrage PUD\Improvements Agreement\PF-1079 Schrage PUD Improvements Agreement-Draft(5-27-10).docx Page 3 of 11 3.1 Said construction shall be in strict conformance to the plans and drawings accepted by the County and the specifications adopted by the County. 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 1 at its expense a third qualified testing company Owner shall employ P Y P Y P party 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 accepted plans and specifications shall be removed and replaced to the satisfaction of the County at Property Owner's expense. 3.4 Said PUD improvements or on-site improvements, including any access improvements, shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B." The Board of County Commissioners, at its option, may grant an extension of the time of completion of items shown on the accepted Construction Plans and PUD Plat Map, with associated costs shown on Exhibit "A", upon application of the Property Owner subject to the terms of Section E.6 herein. 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 applicable laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Warranty of 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 one (1) year. The warranty period shall begin only after the County's execution of a written acceptance of the improvement(s). M:\PLANNING-DEVELOPMENT REVIEW\3-Final Plat(PF,MF,MIF)\PF-1079 Schrage PUD\Improvements Agreement\PF-I079 Schiage PUD Improvements Agreement-Draft(5-27-10).docx Page 4 of II 6.0 Acceptance of Improvements by the County: Upon compliance with the following procedures by the Applicant, the improvements shall be deemed accepted by the County. 6.1 If requested by the Applicant and approved by the County, portions of the improvements may be placed in service when completed according to the schedule shown on Exhibit "B," but such use and operation shall not, alone,constitute an acceptance of said portions of the improvements. 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 PUD improvements in that phase of the PUD is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Applicant. 6.3 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, Property Owner may, as set forth in Paragraph 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 and further that the one-year warranty period begin. Upon completion of the one-year warranty period, the County Engineer and/or the Weld County Department of Planning Services shall, upon request of Property Owner, inspect the subject improvements, and notify Property Owner of any deficiencies. If any deficiencies are discovered, Property Owner shall correct the deficiencies. The County Engineer and /or the Department of Planning Services shall reinspect the improvements after notification from Property Owner that said deficiencies have been corrected. If the County Engineer and/or Department of Planning Services find 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 and/or the Department of Planning Services for acceptance of improvements within the PUD, the Board of County Commissioners shall fully accept said improvements. 6.3.1 All references in this Agreement to"Acceptance of Improvements" shall refer to the County confirming completion of said improvement(s) according to the accepted Construction Plans. By accepting any improvement, the County does not thereby accept said improvement for purposes of future maintenance, nor does the County accept any present or future responsibilities or obligations relative to these improvements. 7.0 General Requirements for Collateral: M:\PLANNING—DEVELOPMENT REVIEWI3-Final Plat(PF,MF,MJF)1PF 1079 Schrage PUD\Improvements Agreement\PF-1079 Schiage PUD Improvements Agreement-Draft(5-27-10).docx Page 5 of 11 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 and (2) Warranty Collateral required for all improvements during the warranty phase. 7.2 Project Collateral submitted to Weld County to guarantee completion of the improvements identified on the accepted Construction Plans 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. Collateral for Off-site improvements that extend partially off-site as mentioned in Paragraph A.1.0(if any) of this Agreement that include only improvements involving turning radii and approaches can be included as part of the On-site collateral amount, if clearly delineated on accepted Construction Plans and differentiated as "Entrance Improvements" on Exhibit "A" On-Site Improvements of this Agreement. Such collateral shall be provided to the County on the dates set forth herein and shall be held in total by County as provided in Paragraph E. 6.3 below until all improvements have been completed. This collateral must be submitted to County upon the approval of this Agreement by the Board of County Commissioners. 7.3 Warranty collateral for all on-site and off-site improvements shall be submitted to County and shall be held in total by the County for one (1) year 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 Acceptable Project collateral shall be submitted at the time Property Owner submits an application for the grading permit or Right-Of-Way access permit prior to commencement of Site Preparation, as herein defined. 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 the improvements are updated and collateral is provided in the amount of One-Hundred percent (100%) of the value of the improvements to be completed, and the development plans are revised to comply with all current County standards, policies and regulations. 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. If improvements are not completed within these time frames, the County, at its discretion,may make demand on all or a portion of the collateral and take steps to see that the improvements are made_ "Site Preparation" shall mean earthwork grading or performance of work, or construction or M:IPLANNING—DEVELOPMENT REVILWl3-Final Plat(PF,MF,MJF)\PF-1079 Schrage PUD\Improvements AgmeementAPF-1079 Schrage PUD Improvements Agreement-Draft(5-27-10).docx Page 6 of 11 installation of improvements related to Applicant's operations pursuant to PF-1079 that require a grading or building permit from the County pursuant to the Weld County Code. 7.6 Collateral may be in the form of an irrevocable letter of credit(LOC) in an amount equivalent to (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 Applicant upon request. 7.7 Collateral may be in the form of a surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. The surety bond 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 surety bond: (PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said form shall be provided to Applicant upon request. 7.8 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. 7.9 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. 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 may not terminate existing collateral until replacement collateral has been secured. 8.0 Request for Release of Collateral: Collateral shall be released in accordance with the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of M:IPLANNING—DEVELOPMENT REVIEW\?-Final Plat(PF,MF,MJF)1PF-1079 Salvage PUDUmprovements Agreement\PF 1079 Schrage Pi1D Improvements Agreement-Draft(S-27-l0).docx Page 7 of 1 I Colorado(hereinafter"Engineer"), that the project or a portion of the project has been completed in substantial compliance with acceptedplans and specifications documenting the following: P p p g 8.1 The 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. The Engineer shall certify that the project "as-built" is in substantial compliance with the plans and specifications as accepted, or that any material deviations have received prior written acceptance from the County Engineer. 8.4 The Statements of Substantial Compliance must be 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 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 Department of Public Works, the Property Owner may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.8 For all off-site and on-site improvements (including improvements to public rights-of-way or easements), the written request for release of "Project Collateral" shall be accompanied by "Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement. However, collateral for improvements fully accepted for maintenance by a responsible governmental entity, special district or utility company will be fully refunded to Property Owner. 8.9 Following the written request for release of the "Warranty Collateral", the Weld County Department of Planning Services and the Weld County M:\PLANNING—DEVELOPMENT REVIEWL3-Final Plat(PF,MF,MJF)\PF-1079 Schrage PUDllmpravements Agreement\PF-1079 Schrage PUD Improvements Agreement-Draft(S-27-10).docx Page 8 of 11 Department of Public Works County shall inspect the on-site improvements. If the improvements need 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 "Road Maintenance Collateral" (If Applicable)shall be maintained as long as the USR is active. It shall be adjusted annually by the inflation rate based on the "Colorado Construction Cost Index Report" as published by the Colorado Department of Transportation. Road Maintenance Collateral shall be adjusted annually, during the month of January, for inflation. The First adjustment shall be made no less than twelve months after, and in no event later than twenty four months from the execution of this Agreement 9.0 Successors and Assigns: Except as specified herein, this Agreement may not be delegated, transferred or assigned in whole or in part by either party hereto without the express written consent of the other party and the written Agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld. Notwithstanding the previous two sentences, the obligations to improve and maintain the improvements outlined in this Agreement may be delegated to a purchaser of a portion or all of the Property or business operation conducted thereon, provided further that County's consent to such does not relieve Ted Schrage/Schrage PUD (PF-1079) of any obligations under this Agreement. Notwithstanding any other provisions of this Agreement or of this paragraph, County may delegate or assign its rights and obligations under this Agreement without the consent of Property Owner (or its assigns, delegates or successors in interest) to another governmental entity which by annexation or agreement has assumed jurisdiction over the roads affected by this Agreement. This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the 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. 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 which County believes constitute the violation. Property Owner shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that there has been a violation of the terms of this Agreement, County shall initiate proceedings to revoke the permit which is the subject matter of this Agreement. G. 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 M:\PLANNING--DEVELOPMENT REVIEWI3-Final Plat(PF,MF,MJF)\PF-1079 Schrage PUD\Improvements Agreement\PF-1079 Schrage PUT.)Improvements Agreement-Draft(5-27-10).docx Page 9 of 11 or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. H. 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. M:\PLANNING- DEVELOPMENT REVIEWI3-Final Plat(PF,MF,MOW-1079 Selvage PUD Improvements Agreement\PF-1079 Selvage PUD Improvements Agreement-Draft(5-27-10).docx Page 10 of 11 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year first above written. �MllGpyy S &\wc c Lsv'.n9 rusk co, :IOTAR;® OYERRTY Theodore 1a ° ScLLrale1 4434ec IA e-cue °.I'VE Lac OPm OPE TY O R: / Cortvgission Eames 3!142011 Subscribed and sworn o before me this //S-d of (I , 626/1) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Douglas Rademacher, Chair Weld County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney M:\PLANNING—DEVELOPMENT REVIEWI3-Final Plat(PF,MF,MJF)\PF-1079 Seh age PUDUmprovements Agreement\PF-1079 Schrage PUD Improvements Agreement-Draft(5-27-I0).docx Page 11 of I1 EXHIBIT B - Time Schedule- Signature Page The County, at its option, and upon the request of th hC grant an extension of time for completion for any particular improvements shown above, up Si. oWingb ' pplicant that the above schedule cannot be met. `"f 140T AR y••. �[19LIC ; T document has been subscribed and rmed, or sworn to before me In the of roW¢� ounty of Larlme +State of Colorado, By: S c-\nvr44 'L L�vtv.' (VIA S 4 this a jlicantS � oaore N . SC\+.�ra�e ' ,r, • �l - / - 1/ �C/ �y1f�l•� '1CT" !r Date 'l8— , 20 I�` Title: 1 yr vk 5A-CC. U `� My Ccrorrug4n Expired 3114/201 I By: Applicant Date , 20 Title (If corporation,to be signed by President and attested to by Secretary, together with corporate seal.) M:\AGREEMENTS)Exhibits\Exh B Time Schedule.xls Dirt One Excavating Inc. h � o. Big Or Small We Dig it All Cell 970-566-5040 Office and Fax 970-667-8405 Meadow Estates Landscape Bid 3 - 2 1/2 " dia. Seedless cotton wood trees 600.00 Pasture grass mix seeding 2900.00 Total $3500.00 Roger D Baars 8-18-2010 Name of Subdivision,PUD,USR,RE,SPX:1114,. one..a.ket::i is 4es Palling/Case#: Location:See. 6.:—4-- tY t Personnel Contact:Name ,udet L ,5tNik-V'd1Q 1 ,,,S 4re& Title ctA '_Le:. Phone97©-53Z—186 Intending to be legally bound,the undersigned Ap licant hereby agrees to provide throughout this facile the following improvements. Improvements eQrSIT. ,� (Leave spaces blank where they do not apply) • • . Quantity Units Unit Costs(5) Estimated Construction Cost_csa Site Grading L S. It- f , 0 e c * l i e ce Street Grading (., S_ li rte' 1 00 c $ 4, coo Street Base I L-S. f 3 to Sb0 31I SEGO Street Paving i L -5.- -4'4g, , °co 4; 4. i oct _ Entrance Improvements(Per Sec. E.-7.2) _ _ G t Curbs,Gutters,and Culverts Sidewalk Stormwater/Drainage Facilitiesi L-5, P oce { 7..o, oce 'Retention/Detention Ponds I L_ 5... t 8 t O c e * a. c o a Road Culvert Grass Lined Swale Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities Sanitary Sewer Forced Main Erosion Control Measures/BMP's i C _S. 1 4, 000 1 4 .c00 Laterals(house or building connected) Water Supply and Storage Water Mains(includes bore) i L. S, $ 33,000 $ ', : 000 Fire Hydrants 3 EA., * gRDo O 4 5 t coo Survey,Street Monuments/Boxes Parking Area Street Lighting i E-14 , 4 Z i 500 ,4 .Z i S co Street Names Signage&Pavement Marking b L. 5 , * 300 3 00 Fencing Requirements Landscaping 500 4 S. 500 Park Improvements Telephone 4 E A- 4 S o o i 7 , coo Gas 4- EA I so. $ Z , COO Electric 4 E Pr 7 , 1,00 C 0 4 s i 000 Water Transfer SUB-TOTAL: 1 et Engineering and Supervision Costs$ 4 1 0►0 O c) JO g g P (Testing,inspection,as-built plans and work in addition to preliminary and final plat;supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ t . 156 l sot) EXHIBIT B-Time Schedule(ON-SITE)&(OFF-SITE) LA T"o4 (aa_ 4o 4 Name of Subdivision,PID,USR,RE,SPR: ine 1eQS0t499 Ps.k..fe5 NDFiliag/Case#: Location:SC. 4• ` Cg Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. All improvements shall be completed within 1 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 de not apply) (01V-SITE) oPf p SITE1 1 Site Grading 3 tav\2. • t Z Street Grading .3 LON� Cell Street Base 5 e f'- Z O I Street Paving Se f k } Z O ti [Curbs,Gutters,and Culverts Sidewalk Stormwater/Drainage Facilities 0 ZO ;1 Retention/Detention Ponds J t 20( Road Culvert Grass Lined Swale 'Ditch Improvements Subsurface Drainage Sanitary Sewers/Sewage Facilities • Sanitary Sewer Forced Main Erosion Control Measures/BMP's y 1 Laterals(house or building connected) Water Supply and Storage Water Mains(includes bore) ,1/411 , Z�' I Fire Hydrants Survey,Street Monuments/Boxes Parking Area Street Lighting Pill 5k , 1.011 Street Names Signage&Pavement Marking Se-FA. ) Zo 11 Fencing Requirements Landscaping Park Improvements Telephone I4 11.011 t Z p}t Gas LA-54 l 1 Electric H v- kS l f 1-01 Water Transfer J Final Completion Date for Entire Proiect OGT,be r Z O Hello