HomeMy WebLinkAbout20090382.tiffRESOLUTION
RE: APPROVE TWO IMPROVEMENTS AGREEMENTS ACCORDING TO POLICY
REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE
AND PRIVATE MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT
COLLATERAL FOR SITE PLAN REVIEW, SPR #425 - RUBY HAMMOND
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on November 26, 2008, the Department of Planning Services staff approved
Site Plan Review, SPR #425, for Ruby Hammond, 2407 Corey Street, Longmont, Colorado 80501,
for a tractor trailer staging yard, existing caretaker office, and proposed office trailer on the
following described real estate, to -wit:
Part of the SE1/4 of Section 30, Township 1 North,
Range 66 West of 6th P.M., Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with
two Improvements Agreements According to Policy Regarding Collateral for Improvements (Public
Road Maintenance and Private Maintenance) between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, and Ruby Hammond, with terms
and conditions being as stated in said agreements, and
WHEREAS, the Board has been presented with Check #722, from Ruby Hammond, in the
amount of $12,741.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreements and
accept said Check as stated above, copies of which are attached hereto and incorporated herein
by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the two Improvements Agreements According to Policy Regarding Collateral
for Improvements (Public Road Maintenance and Private Maintenance) between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and
Ruby Hammond, be, and hereby are, approved.
BE IT FURTHER RESOLVED that Check #722 from Ruby Hammond, in the amount of
$12,741.00, be and hereby is, accepted.
co PL, ply, /wiz -
2009 -0382
PL200
37,7-(-((07
TWO IMPROVEMENTS AGREEMENTS - RUBY HAMMOND
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 9th day of February, A.D., 2009.
ARD OF COUNTY COMMISSIONERS
D CUNTY. ORADO
ATTEST:
IW
Weld County Clerk to the Boa
BY:
Depu Cler
APPROVED
ney
Date of signature- 31D'I Cr1
GI (0
v Douglas
eery P. Conway
ra Kirkmeyer
David E. Long
er, Pro-Tem
2009-0382
PL2006
ft6t,
11`k
COLORADO
MEMORANDUM
TO: Board of County Commissioners
DATE: February 3, 2009
FROM: Kim Ogle, Planning Services
SUBJECT: Acceptance of Cash Deposit
Ruby Hammond, applicant for
Jessup Transportation
Site Plan Review 425 (SPR-425)
rn
0
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The Department of Planning Services is in receipt of a cash deposit on behalf of Jessup
Transportation, located at 12675 County Road 4, Brighton, Colorado; being part of the SE1/4 of
Section 30, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, case number
SPR-425, in the amount of twelve thousand seven hundred forty-one and no/100's ($12,741.00)
dollars.
Items covered under the PRIVATE site improvements include:
Fencing
Landscaping — Rock
Site Grading
Street Base
Retention Ponds
August2009
August 2009
August 2009
August 2009
August 2009
Items covered under the PUBLIC site improvements include:
Street Grading
Street Base
Street Paving
Engineering and Supervision
August 2009
August 2009
August 2009
Total Estimated Cost for improvements
$2,000.00
$1,760.00
$1,458.00
$ 600.00
$3,000.00
$ 369.00
$ 738.00
$2,816.00
$ 0.00
$12,741.00
The Weld County Attorney, Department of Public Works and the Department of Planning Services,
has determined that the amount of the agreement will be sufficient to complete the work required for
Jessup Transportation located at 12675 County Road 4, Brighton Colorado being part of the SE1/4
of Section 30, Township 1 North, Range 66 West of the 6`h P.M., Weld County, Colorado, case
number SPR-425. The Department of Planning Services recommends acceptance of this Cash
Deposit by the Board of County Commissioners.
2009-0382
PLC''
st:it
Wilk
COLORADO
MEMORANDUM
TO: Kim Ogle, Planning Services DATE: February 3, 2009
FROM: Clay Kimmi, P.E., C.F.M., Public Works
SUBJECT: SPR-425, Jessup Transportation
Weld County Public Works Department has reviewed this Site Plan Review (SPR) request.
The SPR application was received by Public Works on February 2, 2009. Comments and
concerns identified during this phase of the process may not be all-inclusive, as other concerns
or issues may arise during the remaining application process.
Requirements
The following concerns identified by Weld County Public Works shall be resolved prior to
recording the final plat for this Site Plan Review:
Improvements Agreements/Collateral:
1. A signed private maintenance agreement was submitted. The agreement appears to be
acceptable to Public Works.
2. A signed public maintenance agreement was submitted. The agreement appears to be
acceptable to Public Works. However, the signature page references the wrong set of
County Commissioners. A new signature page needs to be submitted.
The applicant shall address the comments listed above for this Site Plan Review (SPR)'
process. The review process will continue only when all appropriate elements have been
submitted. Issues of concern must be resolved with the Public Works Department prior
to recording the SPR plat.
Email & Original: Planner: Kim Ogle, Planning
CC: file: SPR-425
Page I of I February 3, 2009
CADocuments and SettingsVkogleALocal Settings\Temporary Internet Files VOLK5\SPR-425 Comments 02-03-09.doe
2009-0383
405
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE MAINTENANCE)
FOR USES BY SPECIAL REVIEW AND SITE PLAN REVIEW
i1
THIS AGREEMENT, made and entered into this l� day of 7)k>u 412./1 , 206 4, by and
between the County of Weld, State of Colorado, acting through its Board of County Commissioners,
hereinafter called "County,. and J,1,q.i j-(-yb lei ,n1 c b hereinafter called "Applicant."
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following described
property in the County of Weld, Colorado:
SE1/4 of Section 30, Township 1 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, a Final uses by Special Review (USR) or Site Plan Review (SPR) plat of said property,
to be known as SPF4 — 42 6" "g6%,...O ?PALS PO Q. ;Ago i✓ has been submitted to
the County for approval, and
WHEREAS, relevant Sections of the Weld County Code provide that no USR or SPR Final Plat shall
be approved by the County until the Applicant has submitted an Improvements Agreement guaranteeing the
construction of the public improvements shown on plans, plats and supporting documents of the USR and
SPR, which improvements, along with a time schedule for completion, are listed in Exhibits A and B of this
Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and
approval of said Final Plat, the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in
connection with the design and construction of the USR or SPR improvements listed on
Exhibit A, which is 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.
2.0 Rights -of -Way and Easements: Before commencing the construction of any
improvements herein agreed upon, Applicant shall acquire, at its own expense, good
and sufficient rights -of -way and easements on all lands and facilities traversed by
the proposed improvements.
1111111 11111 111111 II 1111111 1111 11111 III VIII 11 111
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\GREEMENTS\PRIVATE MAINTENANCEW SR OR SPR--Form.doe
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PLc�4'
3.0 Construction: Applicant shall furnish and install, at its own expense, the USR or SPR
improvements listed on Exhibit A, which is attached hereto and incorporated herein by
reference, according to the construction schedule set out in Exhibit B, which is also attached
hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a USR or SPR is proposed within three miles of an
incorporated community located in Weld County or located in any adjacent county,
the Applicant shall be required to install improvements in accordance with the
requirements and standards that would exist if the plat were developed within the
corporate limits of that community. If the incorporated community has not adopted
such requirements and standards at the time the USR or SPR is proposed, the
requirements and standards of the County shall be adhered to. If both the
incorporated community and the County have requirements and standards, those
requirements and standards that are more restrictive shall apply.
3.2 Applicant shall employ, at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results 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 Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems, water, gas, electric and telephone
services.
3.5 Said USR or SPR 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 shown on Exhibit B upon application by the Applicant subject to the
terms of Section 6 herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits, actions or claims of
every nature and description caused by, arising from, or on account of said design and
construction of improvements, and pay any and all judgments rendered against the County
on account of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by County in defending such suit, action or claim whether the liability,
loss or damage is caused by, or arises out of the negligence of the County or its officers,
agents, employees, or otherwise except for the liability, loss, or damage arising from the
intentional torts or the gross negligence of the County or its employees while acting within
the scope of their employment. All contractors and other employees engaged in construction
of the improvements shall maintain adequate worker's compensation insurance and public
liability insurance coverage, and shall operate in strict accordance with the laws and
regulations of the State of Colorado governing occupational safety and health.
5.0 General Requirements for Collateral:
1111111 1111 1411 1111 1111111IIII 11111111 VIII 1111 1111
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5.1 The value of all collateral submitted to Weld County must be equivalent to One -
Hundred percent (100%) of the value of the improvements as shown in this
Agreement. Prior to Final Plat approval, the applicant shall indicate which of the
four types of collateral preferred to be utilized to secure the improvements subject to
final approval by the Board of County Commissioners and the execution of this
Agreement. Acceptable collateral shall be submitted and the plat recorded within
six (6) months of the Final Plat approval. If acceptable collateral has not been
submitted within six (6) months then the Final Plat approval and all preliminary
approvals shall automatically expire. Applicant may request that the County extend
the Final Plat approval provided the cost estimates are updated and the development
plans are revised to comply with all current County standards, policies and
regulations. The improvements shall be completed within one (1) year after the
Final Plat approval (not one year after acceptable collateral is submitted) unless
the applicant(s) requests that this Agreement be renewed at least thirty (30) days
prior to its expiration and further provides that cost estimates for the remaining
improvements are updated and collateral is provided in the amount of One -Hundred
percent (100%) of the value of the improvements remaining to be completed. If
improvements are not completed and the agreement not renewed 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.
5.2 The applicant may choose to provide for a phased development by means of
designating filings of a USR or SPR Final Plat. The applicant would need only to
provide collateral for the improvements in each filing as approved. The County will
place restrictions on those portions of the property that are not covered by collateral
which will prohibit the conveyance of the property or the issuance of building
permits until collateral is provided or until improvements are in place and approved
pursuant to the requirements for a Request for Release of Collateral.
5.3 The applicant intends to develop in accordance with Exhibits A and B.
6.0 Improvements Guarantee: The four types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
6.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution
on a form approved by Weld County. The Letter of Credit shall state at least the
following:
6.1.1 The Letter of Credit shall be in an amount equivalent of One -Hundred
percent (100%) of the total value of the improvements as Exhibits A.
6.1.2 The Letter of Credit shall provide for payment upon demand to Weld
County if the developer has not performed the obligations specified in the
Improvements Agreement and the issuer has been notified of such default.
6.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
6.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the
unreleased portion of the Letter of Credit shall be equal to a minimum of
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1111111 11111 111111 liii 1111111 liii 111111 III 11111 IIM lIE
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One -Hundred percent (100%) of the estimated costs of completing the
uncompleted portions of the required improvements, based on inspections
of the development by the issuer. In no case shall disbursement for a
general improvement item exceed the cost estimate in the Improvements
Agreement (i.e., streets, sewers, water mains and landscaping, etc.). The
issuer of the Letter of Credit will sign the Improvements Agreement
acknowledging the agreement and its cost estimates.
6.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total
Letter of Credit amount cannot be drawn upon and will remain available to
Weld County until released by Weld County.
6.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
Letter of Credit shall be either the date of release by Weld County of the
final fifteen percent (15%), or one year from the date of Final Plat approval,
whichever occurs first. Said letter shall stipulate that, in any event, the
Letter of Credit shall remain in full force and effect until after the Board has
received sixty (60) days written notice from the issuer of the Letter of
Credit of the pending expiration. Said notice shall be sent by certified mail
to the Clerk to the Board of County Commissioners.
6.2 Trust Deed upon all or some of the proposed development or other property
acceptable to the Board of County Commissioners provided that the following are
submitted:
6.2.1 In the event property within the proposed development is used as collateral,
an appraisal is required of the property in the proposed development by a
disinterested Member of the American Institute of Real Estate Appraisers
(M.A.!.) indicating that the value of the property encumbered in its current
degree of development is sufficient to cover One -Hundred percent (100%)
of the cost of the improvements as set forth in the Improvements Agreement
plus all costs of sale of the property.
6.2.2 In the event property other than the property to be developed has been
accepted as collateral by Weld County, then an appraisal is required of the
property by a Member of the Institute of Real Estate Appraisers (M.A.1.)
indicating that the value of the property encumbered in its current state of
development is sufficient to cover One -Hundred percent (100%) of the cost
of the improvements as set forth in the Improvements Agreement plus all
costs of sale of the property.
6.2.3 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
6.2.4 A building permit hold shall be placed on the encumbered property.
6.3 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 as specified in the Improvements Agreement.
4
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M:AGREEMENTS\PRIVATE MAINTENANCE\USR OR SPR--Form doc
1111111 11111 111111 1111 III' 111111 III 11111 Ell II
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�`7'� L 2., //i7ef
6.4 A cash deposit made with the County equivalent to One -Hundred percent (100%) of
the value of the improvements.
7.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a
portion of the project by Weld County, the Applicant must present a Statement of Substantial
Compliance from an Engineer registered in Colorado that the project or a portion of the
project has been completed in substantial compliance with approved plans and specifications
documenting the following:
7.1 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
approved by Weld County.
7.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation Schedule for minimum materials sampling, testing
and inspections found in the Colorado Department of Transportation (CDOT)
Materials Manual.
7.3 "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 approved, or that any
material deviations have received prior approval from the County Engineer.
7.4 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.
7.5 A letter must be submitted from the appropriate Fire Authority 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.
7.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction
plans.
7.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of approval by the County, the applicant(s) 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.
7.8 The request for release of 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 excluding improvements fully accepted for maintenance by the
responsible governmental entity, special district or utility company.
7.9 The warranty collateral shall be released to the applicant upon final approval by the
Board of County Commissioners.
8.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors,
personal representatives, successors and assigns of the Applicant, and upon recording by the
County, shall be deemed a covenant running with the land herein described, and shall be
binding upon the successors in ownership of said land.
5
1 111111 11111 11111 IIII 1St IIII 111111 III 11111 IIII IIII
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Q:\AGREEMENTS\PRIVATE MAINTENANCE\USR OR SPR--Form.doc
IN WITNESS ''HEREOF, the parties hereto have caused this Agreement to be executed on the day
and year first above written.
/APPLICANT;_ t /; ,' i L� ()I /11.e 7d -C.(
APPLICANT:
TITLE: &(.c0
Subscribed and sworn to before me this 0((0 day ofa ,20 0 9
My Commission expires:
-SmGen 17, 4042
ATTEST:
Weld County Clerk to the Board
BY1 ' ^�
Depu Clerk o the Board
Notary ublic
APPROVED AS TO FORM:
OARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
illiam F. Garcia
FEB 0 9 2009
7. -----/---County Attorney
1 111111 11111 111111 MI 1111111 1111 111111 111 VIII 1111 1111
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4:\AGREEMENTS\PRIVATE MAINTENANCE \USR OR 51'R--Form.doc
, Chair
d1 -03ga,
EXHIBIT A (PUBLIC WORKS)
Name of USR or SPR:
spn-425
Filing:
Location: 12iv75 VVC? 1 ISr,'&ih%o,1 CuIo,arlu
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this USR or
SPR the following improvements. (Leave spaces blank where they do not apply)
Leave spaces blank where they do not anal
Improvements
Quantity
Units
Unit
Costs
Estimated
Construction
Cost
Site grading
8 f 0
s'j
41. biz
s, t 58.00
Street grading
Street base
go
TUN
u10
S 0 0 0.00
Street paving
Curbs, gutters, and culverts
Sidewalk
Storm sewer facilities
Retention ponds
L. S.
au 3, 00e. U. G
Ditch Improvements
Subsurface drainage
Survey and street monuments and boxes
Street Names / Stop Sign
Road culvert
Grass lined swale
SUB -TOTAL:
S5, 059_00
HUH 11111 111111 II111111111 IIII IIIIII III 11111 IIII IIII
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"' 1GREEMENTs\PRIVATE MAINTENANCE\USR OR SPR--Form.doc
Name USR or SPR:
EXHIBIT A (PLANNING SERVICES)
sPR-+15
Filing:
Location: 12-G-7.5 WC2 4 Qr; +0n, Co!ort:dO
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this USR or
SPR the following improvements.
Leave spaces blank where they do not apl
Improvements
Quantity
Units
Unit
Costs
Estimated
Construction
Cost
Sanitary sewers
Trunk and forced lines
Laterals (house connected)
On -site sewage facilities
On -site water supply and storage
Water Mains (includes bore)
Fire hydrants
Street lighting
Fencing requirements
L.5.
2,OOo. c.+0
Landscaping
So
To pi
21.00
I,7Go.Uo
Park improvements
Telephone
Gas
Electric
Water transfer
SUB -TOTAL:
$ 3 7G 0.00
Engineering and Supervision Costs $ (7
(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 $ ed B.Oo
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.
3 t if
[/.(r 1. �1Zt`1t ,t 1-( '1 _ VLUh. ''
Appp iicant (if Title Date.
Applicant
Title Date
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
1 I11111 11I11 111111 1111 111111I IIII 111111 III 11111 IIII 1111
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,GREEMENTS\PRIVATE MAINTENANCEIUSR OR SPR--Form.doc
EXHIBIT B
Development: 7e5Svf I faMso,:{H'F�'u�
Filing: 1
Location:
✓2675 WCA I- Or.citito,,
SPe--4Z5
Cu l 0 rglJO
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this USR or
SPR the following improvements.
All improvements shall be completed within O• years from the date of approval of the final plat.
Construction of the improvements listed in Exhibit A shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements
Time for Completion
Site grading
6 moni11i
Street base
G Ao,{'its
Street paving
Curbs, gutters, and culverts
Sidewalk
Ctnrm OPII/PT fariliti Pc
Retention ponds 6 n., A.1
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On -site sewage facilities
On -site water supply and storage
Water mains
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water Transfer
6
SUB -TOTAL:
1111111111111111111III 1111111 1111 111111 III 111111III IIII
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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.
B
Applicant
Title
/-.26%206y
Date.
Title Date
(if corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
1111111 11111 111111 1111 1111111 IIII 111111 111 111111111 IIII
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\AGREEMENTS\PRIVATE MAINTENANCE\USR OR SPR--Form doc
404
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLIC ROAD MAINTENANCE)
THIS AGREEMENT, made and entered into this oeday otT4A),44O-c{ , 2001, by and
between the County of Weld, State of Colorado, acting through its Board of County Commissioners,
hereinafter called "County,. and /Ca SY /4,4fitm n jtlb , hereinafter called "Applicant..
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following described
property in the County of Weld, Colorado:
SE1/4 of Section 30, Township 1 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS, a final Subdivision/Planned Unit Development (PUD) Plat of said property, to be
known as /9- Z Ei C ≤ c n*--- , ` /Y M'' %e'v'en submitted to the County for approval; and
WHEREAS, relevant Weld County Ordinances provide that no Subdivision Final Plat, Planned Unit
Development Final Plat, or Site Plan shall be approved by the County until the Applicant has submitted a
Subdivision Improvements Agreement guaranteeing the construction of the public improvements shown on
plans, plats and supporting documents of the Subdivision Final Plat, Planned Unit Development Final Plat, or
Site Plan, which improvements, along with a time schedule for completion, are listed in Exhibits EA. and .B.
of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and
approval of said Final Plat, the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in
connection with the design and construction of the Subdivision or Planned Unit
Development improvements listed on Exhibit EA,. which is 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 Applicant shall furnish drawings and cost estimates for roads within the Subdivision
or Planned Unit Development to the County for approval prior to the letting of any
construction contract. Before acceptance of the roads within the Subdivision or
Planned Unit Development by the County, Applicant shall furnish one set of
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67 -U3);
reproducible "as -built" drawings and a final statement of construction cost to the
County.
2.0 Rights -of -way and Easements: Before commencing the construction of any improvements
herein agreed upon, Applicant 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: Applicant shall furnish and install, at its own expense, the Subdivision or
Planned Unit Development improvements listed on Exhibit NIA,• which is attached hereto and
incorporated herein by reference, according to the construction schedule set out in Exhibit
13. also attached hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a Subdivision or Planned Unit Development is proposed
within three miles of an incorporated community located in Weld County or located
in any adjacent county, the Applicant shall be required to install improvements in
accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards at the time the
Subdivision or Planned Unit Development is proposed, the requirements and
standards of the County shall be adhered to. If both the incorporated community
and the County have requirements and standards, those requirements and standards
that are more restrictive shall apply.
3.2 Applicant shall employ, at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results 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 Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems, water, gas, electric and telephone
services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed,
according to the terms of this Agreement, within the construction schedule
appearing in Exhibit NB.. The Board of County Commissioners, at its option, may
grant an extension of the time of completion shown on Exhibit NB. upon application
by the Applicant subject to the terms of Section 6 herein.
4.0 Release of Liability: Applicant 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
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construction of improvements, and pay any and all judgments rendered against the County
on account of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by County in defending such suit, action or claim whether the liability,
loss or damage is caused by, or arises out of the negligence of the County or its officers,
agents, employees, or otherwise except for the liability, loss, or damage arising from the
intentional torts or the gross negligence of the County or its employees while acting within
the scope of their employment. All contractors and other employees engaged in construction
of the improvements shall maintain adequate worker's compensation insurance and public
liability insurance coverage, and shall operate in strict accordance with the laws and
regulations of the State of Colorado governing occupational safety and health.
5.0 Off -Site Improvements Reimbursement Procedure: The subdivider, applicant, or owner may
be reimbursed for off -site road improvements as provided in this section when it has been
determined by the Board of County Commissioners that the road facilities providing access
to the Subdivision or Planned Unit Development are not adequate in structural capacity,
width, or functional classification to support the traffic requirements of the uses of the
Subdivision or Planned Unit Development.
5.1
The subdivider, applicant, or owner shall enter into an off -site improvements
agreement prior to recording the final plat when the subdivider, applicant, or owner
expects to receive reimbursement for part of the cost of the off -site improvements.
5.2 The off -site improvements agreement shall contain the following:
The legal description of the property to be served.
The name of the owner(s) of the property to be served.
A description of the off -site improvements to be completed by the
subdivider, applicant, or owner.
The total cost of the off -site improvements.
The total vehicular trips to be generated at build -out by the Subdivision,
Resubdivision, or Planned Unit Development, as specified by the ITE Trip
Generation Manual, or by special study approved by the Board of County
Commissioners.
A time period for completion of the off -site improvements.
The terms of reimbursement.
The current address of the person to be reimbursed during the term of the
agreement.
Any off -site improvements agreement shall be made in conformance with
the Weld County policy on collateral for improvements.
5.3 If the subdivider, applicant, or owner fails to comply with the improvements
agreement, the opportunity to obtain reimbursement under this section is forfeited.
5.4 When it is determined by the Board of County Commissioners that vehicular traffic
from a Subdivision, Resubdivision, or Planned Unit Development will use a road
improvement constructed under an improvements agreement, the subsequent
subdivider, applicant, or owner shall reimburse the original subdivider, applicant, or
owner, for a portion of the original construction cost. In no event shall the original
subdivider, applicant, or owner collect an amount which exceeds the total cost of
improvements less the pro rata share of the total trip impacts generated by the
original development. Evidence that the original subdivider, applicant, or owner has
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been reimbursed by the subsequent subdivider, applicant or owner shall be
submitted to the Department of Planning Services prior to recording the
Subdivision, Resubdivision, or Planned Unit Development Final Plat.
5.5 The amount of road improvement costs to be paid by the subsequent subdivider,
applicant, or owner of a Subdivision, Resubdivision, or Planned Unit Development
using the road improvements constructed under a prior improvement agreement will
be based upon a pro rata share of the total trip impacts associated with the number
and type of dwelling units and square footage and type of nonresidential
developments intended to use the road improvement. The amount of road
improvement costs shall also consider inflation as measured by the changes in the
Colorado Construction Cost Index used by the Colorado Division of Highways. The
cost of road improvements maybe paid by cash contribution to the prior subdivider,
applicant or owner, or by further road improvements which benefit the prior
subdivider, applicant, or owner's property. This decision shall be at the sole
discretion of the Board of County Commissioners based upon the need for further
off -site road improvements.
5.6 The report entitled TRIP GENERATION (Third Edition, 1982) of the institute of
Transportation Engineers shall normally be used for calculating a reasonable pro
rata share of the road improvement construction costs for all Subdivisions,
Resubdivisions, or Planned Unit Developments. A special transportation study shall
be used for land uses not listed in the ITE Trip Generation Manual. Any question
about the number of trips a Subdivision, Resubdivision, or Planned Unit
Development will generate shall be decided by the County Engineer.
5.7 The term for which the subdivider, applicant, or owner is entitled to reimbursement
under the off -site improvements agreement, entered into between the subdivider and
the County, is ten years from the date of execution of a contract for road
improvements.
5.8 This provision is not intended to create any cause of action against Weld County or
its officers or employees by any subdivider, applicant, or owner for reimbursement,
and in no way is Weld County to be considered a guarantor of the monies to be
reimbursed by the subsequent subdividers, applicants, or owners.
6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following
procedures by the Applicant, streets within a Subdivision or Planned Unit Development may
be accepted by the County as a part of the County road system and will be maintained and
repaired by the County.
6.1 If desired by the County, portions of street improvements may be placed in service
when completed according to the schedule shown on Exhibit B,• but such use and
operation shall not constitute an acceptance of said portions.
6.2 County may, at its option, issue building permits for construction on lots for which
street improvements detailed herein have been started but not completed as shown
on Exhibit B,. and may continue to issue building permits so long as the progress of
work on the Subdivision or Planned Unit Development improvements in that phase
of the development are satisfactory to the County; and all terms of this Agreement
have been faithfully kept by Applicant.
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6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit
Development and the filing of a Statement of Substantial Compliance, the
applicant(s) may request in writing that the County Engineer inspect the streets and
recommend that the Board of County Commissioners accept them for partial
maintenance by the County. Partial maintenance consists of all maintenance except
for actual repair of streets, curbs and gutters, and related street improvements. Not
sooner than nine months after acceptance for partial maintenance of streets, the
County Engineer shall, upon request by the applicant, inspect the subject streets, and
notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the
streets after notification from the applicant(s) that any deficiencies have been
corrected. If the County Engineer finds that the streets are constructed according to
County standards, he shall recommend acceptance of the streets for full
maintenance. Upon a receipt of a positive unqualified recommendation from the
County Engineer for acceptance of streets within the development, the Board of
County Commissioners shall accept said streets as public facilities and County
property, and shall be responsible for the full maintenance of said streets including
repair.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One -
Hundred percent (100%) of the value of the improvements as shown in this
Agreement. Prior to Final Plat approval, the applicant shall indicate which of the
five types of collateral preferred to be utilized to secure the improvements subject to
final approval by the Board of County Commissioners and the execution of this
Agreement. Acceptable collateral shall be submitted and the plat recorded within
six (6) months of the Final Plat approval. If acceptable collateral has not been
submitted within six (6) months then the Final Plat approval and all preliminary
approvals shall automatically expire. An applicant may request that the County
extend the Final Plat approval provided the cost estimates are updated and the
development plans are revised to comply with all current County standards, policies
and regulations. The improvements shall he completed within one (1) year after the
Final Plat approval (not one year after acceptable collateral is submitted) unless
the applicant(s) requests that this Agreement be renewed at least thirty (30) days
prior to its expiration and further provides that cost estimates for the remaining
improvements are updated and collateral is provided in the amount of One -Hundred
percent (100%) of the value of the improvements remaining to he completed. If
improvements are not completed and the agreement not renewed 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.
7.2 The applicant may choose to provide for a phased development by means of
designating filings of a Planned Unit Development Final Plan or Subdivision Final
Plan. The applicant would need only to provide collateral for the improvements in
each filing as approved. The County will place restrictions on those portions of the
property that are not covered by collateral which will prohibit the conveyance of the
property or the issuance of building permits until collateral is provided or until
improvements are in place and approved pursuant to the requirements for a Request
for Release of Collateral.
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7.3 The applicant intends to develop in accordance with Exhibits a4. and 13.. The costs
of the improvements described in Exhibit .A. will be adjusted higher or lower for
the year and quarter in which the contemplated work is being performed based on
.The State Highway Bid Price Index. contained in the EQuarterly Cost Report. of
The Engineering News -Record as published by The McGraw-Hill Companies. The
applicant has provided cost estimates for all phases of the development which will
be adjusted in accordance with The State Highway Bid Price Index at the time of
posting of collateral for each phase.
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution
on a form approved by Weld County. The Letter of Credit shall state at least the
following:
8.1.1 The Letter of Credit shall be in an amount equivalent to One -Hundred
percent (100%) of the total value of the improvements as set forth in
Section 6.0 and Exhibits NA. and I..
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld
County if the developer has not performed the obligations specified in the
Improvements Agreement and the issuer has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times, the
unreleased portion of the Letter of Credit shall be equal to a minimum of
One -Hundred percent (100%) of the estimated costs of completing the
uncompleted portions of the required improvements, based on inspections
of the development by the issuer. In no case shall disbursement for a
general improvement item exceed the cost estimate in the Improvements
Agreement (i.e., streets, sewers, water mains and landscaping, etc.). The
issuer of the Letter of Credit will sign the Improvements Agreement
acknowledging the agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total
Letter of Credit amount cannot be drawn upon and will remain available to
Weld County until released by Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
Letter of Credit shall be either the date of release by Weld County of the
final fifteen percent (15%), or one year from the date of Final Plat approval,
whichever occurs first. Said letter shall stipulate that, in any event, the
Letter of Credit shall remain in full force and effect until after the Board has
received sixty (60) days written notice from the issuer of the Letter of
Credit of the pending expiration. Said notice shall be sent by certified mail
to the Clerk to the Board of County Commissioners.
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8.2 Trust Deed upon all or some of the proposed development or other property
acceptable to the Board of County Commissioners provided that the following are
submitted:
8.2.1 In the event property within the proposed development is used as collateral,
an appraisal is required of the property in the proposed development by a
disinterested Member of the American Institute of Real Estate Appraisers
(M.A.I.) indicating that the value of the property encumbered in its current
degree of development is sufficient to cover One -Hundred percent (100%)
of the cost of the improvements as set forth in the Improvements Agreement
plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been
accepted as collateral by Weld County, then an appraisal is required of the
property by a Member of the Institute of Real Estate Appraisers (M.A.I.)
indicating that the value of the property encumbered in its current state of
development is sufficient to cover One -Hundred percent (100%) of the cost
of the improvements as set forth in the Improvements Agreement plus all
costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One -Hundred percent (100%) of the
amount specified in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for
improvements as specified in the agreement and for no other purpose and
will not release any portion of such funds without prior approval of the
Weld County Board of Commissioners.
8.3.3 The escrow agent will be a Federal or state -licensed bank or financial
institution.
8.3.4 If Weld County determines there is a default of the Improvements
Agreement, the escrow agent, upon request by the County, shall release any
remaining escrowed funds to the County.
8.4 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 as specified in the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to One -Hundred percent (100%) of
the value of the improvements. t
Pb C/40I I eel' i' i tow -F.2 c -(i..47zz 0771(1,0)
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a
portion of the project by Weld County, the Applicant must present a Statement of Substantial
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HID 11111 111111111 1111111 IIII 111111 111 NEIL IIII
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Compliance from an Engineer registered in the State of Colorado that the projector a portion
of the project has been completed in substantial compliance with approved plans and
specifications documenting the following:
9.1 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
approved by Weld County.
9.2 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.
9.3 "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 approved, or that any
material deviations have received prior approval from the County Engineer.
9.4 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.
9.5 A letter must be submitted from the appropriate Fire Authority 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.
9.6 The requirements in Sections 9.0 thru 9.5 shall be noted on the final construction
plans.
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of acceptance of the streets for partial maintenance by the County,
the applicant(s) 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.
9.8 The request for release of 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 excluding improvements fully accepted for maintenance by the
responsible governmental entity, special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon final acceptance by
the Board of County Commissioners for full maintenance under Section 5.3 herein.
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10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a
rezoning, Subdivision or Planned Unit Development, requires the dedication, development
and/or reservation of areas or sites other than Subdivision or Planned Unit Development
streets and utility easements of a character, extent and location suitable for public use for
parks, greenbelts or schools, said actions shall be secured in accordance with one of the
following alternatives, or as specified in the Planned Unit Development plan, if any:
10.1 The required acreage as may be determined according to Section 8-15-B of the Weld
County Subdivision Ordinance shall be dedicated to the County or the appropriate
school district, for one of the above purposes. Any area so dedicated shall be
maintained by the County or school district.
10.2 The required acreage as determined according to Section 8-15-B of the Weld County
Subdivision Ordinance may be reserved through deed restrictions as open area, the
maintenance of which shall be a specific obligation in the deed of each lot within the
Subdivision or Planned Unit Development.
10.3 In lieu of land, the County may require a payment to the County in an amount equal
to the market value at the time of Final Plat submission of the required acreage as
determined according to Section 8-15-B of the Weld County Subdivision Ordinance.
Such value shall be determined by a competent land appraiser chosen jointly by the
Board and the Applicant. The cash collected shall be deposited in an escrow
account to be expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors,
personal representatives, successors and assigns of the Applicant, and upon recording by the
County, shall be deemed a covenant running with the land herein described, and shall be
binding upon the successors in ownership of said land.
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[N WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year
first above written.
-APPLICANTZ
APPLICANT:
ill /k Cute (
(I
TITLE: C (1--, 1,E:2 —
Subscribed and sworn to before me this C?6 day of Mtn
My Commission expires:
4 reAvik2 /; Ada
/662
o the Board
Bt_ \ IL41L
Drlity CII
APPROVED AS TO FORM:
County Attorney
,2009.
Notary ublic
BOARD OF COUNTY COMMISSIONERS
WELD CO TY�COLORADO
WilliAm F. Garcia, Chair FEB 0 9 2009
1111111 VIII IIIIII IIII /IIIIII IIII IIIIII III IIIIII III III
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£9-o38a
EXHIBIT NIA.
Name of Subdivision
or Planned Unit Development:
I
)su/J r17nseo4Tii a'u♦
sPR `FL S"
Filing:
Location:
I2G'75 vvc,tt 4
Br;yhtu.,, G„I U/JO
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this
Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do
not apply.)
Improvements aLA 4+,fir IA 4;11
Estimated
Unit Cost Construction Cost
Site grading
Street trading 2O sy 1.�U 369.o0
Street base G 1 5 >Y• IA 1.2. 0 7.3 S o o
Street paving 512 S!- i n 5, 50 2) t ". o U
Curbs, gutters. and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On -site sewage facilities
On -site water supply and storage
Water mains (includes bore)
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water transfer 3 9 2-3.00
SUB-TOTAL:Engineering and Supervision Costs $ 0
(Testing, inspection, as -built plans and work in addition to preliminary and final plat; supervision of actual
construction by contractors)
1 11111 11111 11111 IIII I IEE VIII 11111 III 111111 III IIII
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TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 3 9 2 3_ U 0
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit.B..
Applicant
Title
Date: Z ihuie ! ey.2/v , 20O'/
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
1 111111 11111 111111 1111 1111111III 1111111 III 11111 111 1111
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Location: I ZG75 Wes'-
EXHIBIT .B.
Name of Subdivision
or Planned Unit Development:
Tie -I 5 we I rL,AS/orh,J ()Ott
SP' tic
Filing:
(3r LFu„ (piotali)
All improvements shall be completed within 0-5 years from the date of approval of the final plat.
Construction of the improvements listed in Exhibit RA. shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading
Street grading
Street base
Street paving
Curbs, gutters. and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On -site sewage facilities
On -site water supply and storage
Water mains
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water transfer
SUB -TOTAL:
1111111 11111 111111 IIII 11111111111 111111 III 111111 III 1111
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Applicant
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.
tntik .& YL(12
014,4 J�—
Title
Date: .Jf.t u/ ,, 0 O f
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
1111111 11111 131 IIII 13111111111111111 11111 III VIII
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RUBY R. HAMMOND
2407 COREY ST.
LONGMONT, CO 80501
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