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HomeMy WebLinkAbout20090383.tiffRESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE), AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR USE BY SPECIAL REVIEW #1629 - UNITED POWER, INC. 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 July 16, 2008, the Weld County Board of Commissioners approved Use by Special Review #1629, for A. Dale Slater Trust B, Attn: Nancy Slater, 13433 County Road 7, Longmont, Colorado 80504, and United Power, Inc., 500 Cooperative Way, P.O. Box 929, Brighton, Colorado 80603, for a Major Facility of a Public Utility or Public Agency (electrical substation), pursuant to the provisions of Section 23-4-420 of the Weld County Code, in the A (Agricultural) Zone District, on the following described real estate, to -wit: SE1/4 of Section 28, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and United Power, Inc., with terms and conditions being as stated in said agreement, for Lot A of Recorded Exemption #4712, according to the map recorded on December 3, 2008, at Reception No. 3592891; being a part of the SE1/4 of Section 28, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, the Board has been presented with Subdivision Bond #0489974 from International Fidelity Insurance Company, 1550 17th Street, Suite 600, Denver, Colorado 80202-1657, in the amount of $1,318,875.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Subdivision Bond 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 Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and United Power, Inc., be, and hereby is, approved. 2009-0383 PL1963 ��;�� fw L 0343/09 IMPROVEMENTS AGREEMENT - UNITED POWER, INC. PAGE 2 BE IT FURTHER RESOLVED that Subdivision Bond #0489974 from International Fidelity Insurance Company, 1550 17th Street, Suite 600, Denver, Colorado 80202-1657, in the amount of $1,318,875.00, be and hereby is, accepted. 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. OARD OF CsUNTY COMMISSIONERS LD G• �,i _ OLORADO ATTEST: Weld County Clerk to the Bo Se n P. Conway ��) 6� APP OV AST AA-41/� yi( ! -L2` ar ra Kirkmey r / Unty Attorney �� ->)/ David E. Long Date of signature. 9I ??Jaaci 2009-0383 PL1963 fat', Wi�oc. MEMORANDUM TO: Michelle Martin, Planning Department DATE: October 1, 2008 FROM: David Snyder, E.I., Weld County Public Works SUBJECT: A. Dale Slater/United Power Substation COLORADO Weld County Public Works Department has reviewed the Exhibit A and B for the improvements agreement for the United Power Substation and it appears acceptable to us. Page I off October 1,2008 M:\PLASN1NG- DEVELOPMENT REVIEw\OSR-Est by Special Review United Power substation improvements acceptance leller.doc PLl 4C3 807 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT, made and entered into this J_J day of 21c-Cr'Ak,1 , 20:02a, by and between the County of W Id, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and i f (!. ft -1 ( r=A- 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: Lot A of Recorded Exemption No. 4712, map recorded December 3, 2008, at Rec being part of the SE1/4 of Section 28 North, Range 68 West of the 6th P.M., Colorado according to ▪ #3592891, ' , Township 3 Weld County, WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be known as has been submitted to the County for approval, and WHEREAS, relevant Sections of the Weld County Code 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 Improvement 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 Exhib its "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 Subdivision or Planned Unit Development improvements listed on Exhibit "A," which is attached hereto and incorporated herein by reference. The required engineering services shall be performed bya 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. Applicant shall furnish one set of reproducible "as -built" drawings and a final statement of construction cost to the County. 2.0 Rights -of -Way and Ease ments: 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. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit 111111 11111 111111 IIII 11111111111 111111 III 11111 IIII IIII 3609807 03/10/2009 01 22P Weld County, CO 1 of 11 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 6009-033.3 Development 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 strictconformance 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 improve ments 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 "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 ofall 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, tog ether 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. (THERE IS NO SECTION 5) 6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant, streets within a Subdivision or Planned Unit Development may be approved by the County as public roads and will be maintained and repaired by a Homeowners Association or, in its absence, the owners of lots within the Subdivision or Planned Unit Development. 6.1 If desired by the County, portions of street improvem ents may be p laced in service when completed according to the schedule shown on Exhibit "B," but such use and operation shall not constitute an approval of said portions. 2 1111111 11111 111111 IIII 11111 111111 111111III 11111 1111 1111 3609807 03/10/2009 01:22P Weld County, CO 2 of 11 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 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 is satisfactory to the County; and all terms of this Ag reement have been faithfu Ily kept by Applicant. 6.3 Upon completion of theconstruction 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 its streets and recommend thatthe Board ofCounty Commissioners partially approve them. Not sooner than nine months after partial approval, 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 o r she shall recommend full approval. Upon a receipt ofa positive unqualified recommendation from the County Engineer for approval of streets withinthedevelopment, lopmen t, the Board of Cou my Commissioners shall fully approve said streets as public but with private pay. 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. Ifacceptab le 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 (I) 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 th a 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 al I or a portion o f the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased develop ment by me ans of design ating filings of a Planned Unit Development Final Plat or Subdivision 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 co I lateral 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. 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B." 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 of One -Hundred percent (100%) of the total value of the improvements as set forth in Section 6.0 and Exhib its "A" and "B." 8.1.2 The LetterofCredit shall provide for paymentupon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer 111111111111111111/III 11111LIM111111III11111/III1111 3609807 03/10/2009 01:22P Weld County, CO 3 of 11 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 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 estimatedcosts 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 Comm issioners. - 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%) o f 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%) yf 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 agreementand for no other purpose and w ill not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 4 1 111111 11111 111111 III111111111111 111111 11111111 III11II1 3609807 03/10/2009 01:22P Weld County, CO 4 of 11 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 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 es crowed 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 -Hu ndred percent (100%) of the value of the imp rovements 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. 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 Statementof Substantial Compliance from an Engineer registered in Colorado that the project ora portion of the project hasbeen 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 Schedule for minimum materials sampling, testing and inspections found in the Colorado Department of Transportation (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 ate in place in accordance with the approved plans. The letter shall indicate ifthe fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in paragraphs 9.0 thin 9.5 shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets by the County, the applicant(s) may request release of the collateral for the projector 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 govemmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final approval by the B oard of County Commissioners. 10.0 Public Sites and Open Spaces: When the Board ofCounty 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 5 1 111111 11111 111111 1111 11111 111111 111111 III 111111111 1111 3609807 03/10/2009 01:22P Weld County, CO 5 of 11 R 0.00 D 0.00 Steve Moreno Clerk & Recorder the following alternatives, or as specified in the Planned Unit Development (PUD) Plan, if any: 10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate schooldistrict, for one of the above purposes. Any area so dedicated shall be maintained by the County or schoo I district. 10.2 The required acreage as determined according to Chapter 24 of the Weld County Code, 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 Plan ned 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 ofthe required acreage as determined according to Chapter 24 of the We Id County Code. 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. 1 111111 11111 111111 III111111111111 111111 III 11111 IIII IIII 3609807 03/10/2009 01:22P Weld County, CO 6 of 11 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreementto be executed on theday and year first above written. APPLICANT: r--✓ce—te) 42-21 APPLICANT: TITLE: Subscribed and sworn to before me this I l day of 1Thtftoi., be,' 2008 My Commission expires: (14.51 kpl o, ATTEST: /444/ Weld County Clerk to the Boa n BR: Ib�puty Clerk to the Board APPROVED AS TO FORM County Attorney 4 jeP MJal*Ik Notary Publ ADRIAN JAY MENDOZA Notary Public State of Colorado BOARD OF COUNTY COM MISSIONERS WELD COUNTY, COI. RAD0 William F. Garcia ,Chair FEB 0 9 2009 111111111111111111111111111111111111111III11111IIII Ilil 3609807 03/10/2009 01:22? Weld County, CO 7 of 11 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 7 acxR_0333 EXHIBIT "A" Name of Subdivision or Planned Unit (`lm�= �" Development Filing � ((oU Location: US l(od 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 Quantity Units Unit Costs Estimated Construction Cost 1 J Site radio C: 1 °Jf- Nick. � � QJ,�dV g --J29__ Street grading Street base Street paving Curbs, gutters, and culverts Sidewalk Storm sewer facilities Retention ponds IO Oa" "F.r-si.cr (v k d.'6-. 4 ae, I'UQ 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 Mei.. (includes bore) Waksf 44 dJ ciao Fire hydrants Survey and street monuments and boxes Street lighting Lf\tatt,t (`.q:&-t,v L.)00Street Names ✓✓ Fencing requirements Cktift rjnY'.. t>t(l4._d °f t�dmC (CO coo Landscaping 1 ?i4 li Park improvements Road culvert Grass lined swale Telephone Gas Electric Water transfer STIR -TOTAL: JD Engineering and Supervision Costs $ (Testing, inspection, as -built plans and work in additionto preliminary and final plat; supervision of actual construction by contractors) tiD TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ I SIP)_ e, /�. The above improvements shall be constructed in accordance with all County requirements and specifications, and 8 I 111111 11111 111111 IIII 11111 IIIIII 111111 III (IIII IIII II'I 3609807 03/10/2009 01:22P Weld County, CO 8 of 11 R 0.00 0 0.00 Steve Moreno Clerk & Recorder conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said itpprovements shall be completed according to the construction schedule set out in Exhibit "B." By: Applicant Applicant Title Date: Ioa/ / i 200 (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) 11111111111111111 HIIE III 11111 IIII 3609807 03/10/2009 01:22P Weld County, CO 9 of 11 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 9 EXHIBIT "B" Name of Subdivision - or Planned Unit Development L I, tL911 Filing Jill -AZ - ki0dIi Location: ikafi Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. All improvements shall be completed within 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 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 mein +f Fire hydrants Survey and street monuments and boxes Street lighting iItlfuf`dt l•5t~f Street name signs Fencing requirements c r lel IS dir' i Landscaping Park improvements Road culvert Grass lined swale Telephone Gas Electric Water Transfer SUB -TO TAL: A0 4- L1 iiw l 1111111 11111 HMI 11II 11111 111111 111111 111 HUMID 3609807 03/10/2009 01:22P Weld County, CO 10 of 11 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 10 1/ 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 ashowing by the Applicant that the above schedule cannot be met. By: Applicant Applicant CSU Title Date: 1O1// ,20 co (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) I 11111111111 111111 It 11111 111111 HIED 111111 III IIII 3609807 03/10/2009 01:22P Weld County, CO 11 of 11 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Ter r9”) u2a,72OO POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY • HOME OFFICE. ONE NEWARK. CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-S207 KNOW ALL KEN BY THESE PRESENTS: That INTERNATIONAL' FIDELITY INSURANCE COMPANY, a corporation organized and existing • laws of the State of New Jersey, and having its principal office m the City of Newark, New Jersey, does hereby constitute and appoint SARAH FINN, ROBERT L. COHEN, ROBERT J. REITER, BRADLEY J. JEFFRESS, SUE WOOD, • SHERYLLSHAW, KRISTEN L.MCCORMICK, NICOLE L. MCCOLLAM, JENNIFER BUB, Denver, CO. its true and lawful attorney(s)HM-fact to execute,•seal and deliver foe and on its behalf as surety, any'and alt bonds and undertakings, contrasts of indemnity -and other writings obligatoryen the nature thereof, which are or may be allowed, regmred or ppeermitted by law, stature, rule regulation, contractor otherwise, and die execution,of • such instrament(s) in. pursuance of these presents, shall be us hinding upon the said INTERNAT ONAL FIDELITY INSURANCE COMPANY, as fully and amply, m all intents and pnrpvses, as itire had•been-Orly executed and acknowledged bjef Its regularly elected officers atits. principal office_ This Power ofAttorne�y is executed, and insy be revoked pursuant to and by authority of Article 3 -Section 3, of the By Laws: adopted by the Board of Directors of• AYTERNATIONALFIDELITY INSURANC COMPANY at a meeting called and held on the 7fit'day o€ February,1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity,and other writings obligatory In the nature tttereof and, ; (2) To remove, at any time, any such attorney -in -fact and revoketheauthority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant us tesplation of the Board of Directors of said Company adopted at a mewing . duly called awl held on the!9th day <if April, 1982 of which the following is a true excerpt: Now therefor* the signatures of such officers and the seal of the Company may be affixed to any_such power of anntrtey or, any certificate: relatitsg theism by facsimile,.and any such power. of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such powerso executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company In the future with respect to any -'bond of Undertaking N which n is anathth. I STAT$ OP NEW JERSEY County of Essex IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be grind and its corporate seal to be affixed by as authorized officer, this 15th day of October, A.D. 2907. INTERNATIONAL' FIDELITY•INSURANCE COMPANY Secretary ` On this 16th day of October 2007, beedfore me Came the individual' who cxecuteo- me ceom msmimenr, rte me o. s„tr .. ow, ..,, , v �•s „z,...,, -., sworn said:the he is the theism describand, authonzetl officer a# the INTERNA ONA'LFIDELITY 1N CE' C MPANY; that the seal affixed to _ i. n,...:;....,.. c..,i .,r a�sd r^mm�anv':'.thatrhe said Comorate Seal and his signature were duly affixed sty order a# the_Board of Directors of said Companyi. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Officiaf Sea' at the City of Newark,:New Jersey the day• and year fust above written. c0 NOTARY • rA NOTARY:PUBLIC OF NEW JERSEY;. 110 •,Jx•T, XT „ My Commission Expires Nov. 21, 2019 I, the undersigned officer of INTERNATIONAL FIDELFPY INSURANCE COMPANY do hereby cemfy that I have compared the:foregoing copy.of dt (Power of Attomeyand affidavIt, and the Copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, withh the ORIGINALS. ON IN THE HOME- OFFICE OF SAD COMPANY, and that the same are correct transcripts thereof; land of the whole• of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY *HEREOE I have hereunto set my hand tills -25th ad tie November Assistant Secre 2008 SUBDIVISION BOND Bond No. 0489974 KNOW ALL MEN BY THESE PRESENTS, that we United Power, Inc. PO Box 929 Brighton, CO 80601 as Principal, and International Fidelity Insurance Company authorized to do business in the State of CO , as Surety, are held and firmly bound unto County of Weld, State of Colorado, acting through its Board of County Commissioners as Obligee, in the penal sum of One Million Three Hundred Eighteen Thousand Eight Hundred Seventy Five Dollars and No Cents ($ 1,318,875.00 ) DOLLARS, lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, United Power, Inc. has agreed to construct in Slater Substation the following improvements: Slater Substation- Fencing, Landscaping, Installation of Substation Equipment, Access Roads/Driveways from W.C.R. 5.5 - Parcel No. 120728000010, Lot A NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 'IS SUCH, that if the said Principal shall construct, or have constructed, the improvements herein described and shall save the Obligee harmless from any loss, cost or damage by reason of its failure to complete said work, then this obligation shall be null and void; otherwise to remain in full force and effect. Signed, sealed and dated this 25th day of November , 2008 United Power, Inc. CLEd By: International Fidelity Insurance Co By: pany Principal /IA/x/03 Jenni ( r Bub r Attorney -in -Fact 1550 17th Street, Suite 600 Denver, CO 801O2-1657 Phone 303.534.4567 485 When recorded return to. United Power c/o Sherman & Howard, LLC Jon Lien 633 17th Street, Suite 3000 Denver, CO 80202 API 1111111111111111110111111111111IIIHMI IIII 3594485 12/11/2008 11.15A Weld County, CO 1 of 4 R 21 00 D 30 01 Steve Moreno Clerk & Recorder SPECIAL WARRANTY DEED State Documentary Fee Date / 2- lc, - o S $- 3 o . o ' THIS DEED, made this /cvk_ day of December, 2008, between A DALE SLATER TRUST B, a Colorado Trust, and NANCY I. SLATER, of the County of Weld, State of Colorado, Grantors, and UNITED POWER, INC., a Colorado cooperative association, whose legal address is 500 Cooperative Way, Brighton, Colorado 80601, Grantee; WITNESSETH, That the Grantors, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the Grantee, and Grantee's successors and assigns forever, all the real property, together with all improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: LOT A, RECORDED EXEMPTION NO. 1207-28-4 RE -4712, ACCORDING TO THE MAP RECORDED DECEMBER 3, 2008, AT RECEPTION NO. 3592891, BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TM P.M., COUNTY OF WELD, STATE OF COLORADO, TOGETHER WITH all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the Grantors, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; RESERVING, HOWEVER, UNTO GRANTORS, all geothermal, oil and gas, coal and other minerals under the above -described land (excluding from this reservation all aggregate, sand, gravel, building or construction material) that can be mined or extracted without disturbance of the surface of such land; provided, however, nothing herein shall be construed as reserving unto Grantors (1) any right to locate wells, shafts, pipelines, storage tanks or other facilities or improvements on such land, (2) any easement on, over, or under such land for any purpose, including the transporting or storing of such reserved minerals, or (3) any right to disturb the surface of such land or any improvements thereon. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, and Grantee's successors and assigns forever. The Grantors, for themselves and their successors and assigns, do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, and its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantors, except Grantors do not warrant that boundary fences are on line or sIde. MS.r ..n..rd 12/9001 Latdlkle 21„a'o 14 56'1 111111111111111111111111 III 111111111111 I I 11111111111111 3594485 12/11/2008 11:15A Weld County, CO 2 of 4 R 21.00 D 30.01 Steve Moreno Clerk 8 Recorder against encroachments that could, with the passage of time, lead to cjaims of adverse possession; and except those matters listed and described on Exhibit A, consisting of two pages, attached hereto, and by this reference incorporated herein and made a part hereof. IN WITNESS WHEREOF, the Grantors have caused this Deed to be executed on the date set forth above. A DALE SLATER TRUST B, a Colorado Trust STATE OF COLORADO COUNTY OF Aou ickr By: By. Nancy I. SIr, Indfvidually ) ss. Nancy I. Sl*r, y C Trustee a eslie Slater, a/k/a B. Leslie Slater, Co - Trustee The foregoing instrument was acknowledged before me this /c*iL- day of December, 2008, by Nancy I. Slater, individually, and as a Co -Trustee of the A. Dale Slater Trust B, a Colorado Trust, and by Leslie Slater, a/k/a B. Leslie Slater, as a Co -Trustee of the A. Dale Slater Trust B, a Colorado Trust. Witness my hand and official seal. My commission expires: % 013-/I Sion Str swetwpd12/1105 Notary Public 2 (J ckq- 11111111111111111111111111111U HEI I 111111'III III 3594485 12/11/2008 11:15A Weld County, CO 3 of 4 R 21.00 D 30.01 Steve Moreno Clerk & Recorder EXHIBIT A TO SPECIAL WARRANTY DEED FROM SLATER TRUST B AND NANCY I. SLATER TO..'. UNITED POWER, INC. 1. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES, . • AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 28, 1881, IN BOOK 20 AT PAGE 340. - . 2. RIGHT OF WAY EASEMENT AS GRANTED TO FOR DITCHES IN INSTRUMENT RECORD® DECEMBER 07. 1921, IN BOOK 654 AT PAGE 40. 3. RIGHT OF WAY EASEMENT AS GRANTED TO THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH CO IN INSTRUMENT RECORDED MAY 07, 1930, IN BOOK 894 AT PAGE 382. 4. TERMS, CONDmONS AND PROVISIONS OF AGREEMENT RECORDED JANUARY 21, 1947 IN BOOK 1196 AT PAGE .70, ' 5.. RIGHT OF WAY EASEMENT AS GRANTED TO TRI-STATE GENERATION AND TRANSMISSION ASSOCIATION INC IN INSTRUMENT RECORDED SEPTEMBER 17, 1976, UNDER RECEPTION NO. 1699297 IN BOOK 777.: - 6. OIL AND GAS LEASE RECORDED APRIL II, 1979 UNDER RECEPTION NO. 1787002 IN BOOK 865 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. AFFIDAVIT OF PRODUCTION RECORDED NOVEMBER 26, 1979 AT RECEPTION NO. 1809855 IN BOOK 888.. 7. RIGHT OF WAY EASEMENT AS GRANTED TO PANHANDLE EASTERN PIPE LINE CO IN INSTRUMENT RECORDED OCTOBER 12, 1962, UNDER RECEPTION NO. 1906198 IN BOOK 979.. 111111111111111111111111 I I 1111111111111 I I 1111111111 1111 3594485 12/11/2008 11:15A Weld County, CO 4 of 4 R 21.00 D 30.01 Steve Moreno Clerk & Recorder Exhibit A, continued 8 RIGHT OF WAY EASEMENT AS GRANTED TO ST VRAIN SANITATION DISTRICT IN 1 INSTRUMENT RECORDED MARCH 02, 2006, UNDER RECEPTION NO. 3367233. 9. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF RECORDED EXEMPTION NO. I207 -28 -4 -RE -4712 RECORDED DECEMBER 3, 2008 AT RECEPTION NO. 3592891. 10. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENTS RECORDED DECEMBER 03, 2008 AT RECEPTION NO. 3592723. 11i TAXES AND ASSESSMENTS FOR 2008, PAYABLE JAN. 1, 2009. Page 2 of 2 Page 1 of 2 Adrian Mendoza From: Adrian Mendoza Sent: Monday, September 08, 2008 8:11 AM To: 'bill@pollockonline.com' Subject: FW: Slater Electrical Substation Information Gathering Session Attachments: Presentation View 1-1.pdf; Presentation View1-5.pdf; Presentation View2-1.pdf; Presentation View2-5.pdf This came back as undeliverable, so here is another attempt... From: Adrian Mendoza Sent: Monday, September 08, 2008 8:09 AM To: 'bill@pllockonline.com' Cc: Adrian Mendoza Subject: FW: Slater Electrical Substation Information Gathering Session Mr. Pollock, I have attached four maps for your review. The maps depict the view from WCR 5.5 and the view from Saddle Drive. The 3-D renderings include at installation view as well as at approximately 5 years. The open house went well with all who attended United Power (I) appreciated the feedback and the openness of all the residents. I think we answered everyone's questions because most everyone left the meeting in a pleasant mood regarding the landscaping of the Slater Sub. There were a couple comments that were popular that evening. One comment being that there is a noticeable open area on the north side of the sub, where the risers come down from the transmission lines into the substation. This open area is landscaped with shrub massings (a mix of evergreen and deciduous 15' ht. max), and small evergreen trees. The reason that this landscape design is designed this way is because; United Power (like all electric utilities) must meet clearance code. This code is a safety implementation for the public and the utility itself. Another comment was about the view of the substation driving eastbound on Hwy 66. One resident was concerned about being able to see the substation as they drove home. My response was the natural contours of the land of the Silengo property sink, and thus it was going to be natural for people to view a part of the substation as its current state. Also, there is a subdivision planned for the Silengo Property. I wouldn't be accurate in discussing the timeline about that project, but I do know that there has been a lot of work and hours spent coming up with a development plan for that parcel of land. The big comment or question posed to United Power was the following: Will United Power landscape the area directly North on Centex's Property. This area has been designated a green belt area by Centex, but because Centex has left the state, they are not going to invest anymore into the Liberty Ranch development. This is a possibility; United Power hired Land Architects, who represented Centex at the Board of County Commissioners hearing, and together we have come up with this landscaping project that has worked out well for everyone involved. My response that night to the residents was, we will take this comment back to the senior management at United Power and discuss it. We will also need to discuss this with the planning department, as well as the county commissioners. A couple other things that I pointed out to the group that I would like to point out to you sir. At the hearing we presented that this substation would have a 10' Cedar wood fence with masonry corners. Because United Power is adding all of the trees and landscaping the fence would not be visible from the North, East, or South end of the property. Planned on the west side is a 10' cedar fence, however no masonry corners. On the other sides we will have a chain link fence. All drainage from our property is constructed to stay within the property bounds. 9/11/2008 I hope this helps you and answers your two questions. I am also available to discuss this further if you have any other questions. Please contact me via email, or if after hours, feel free to contact me via my cell phone at 303- 304-4106. Sincerely, Jay Mendoza From: Bill Pollock [mailto:bill@pollockonline.com] Sent: Sunday, September 07, 2008 11:26 AM To: SlaterSubLandscape Cc: 'Bill Pollock' Subject: Slater Electrical Substation Information Gathering Session I was unable to attend the meeting held September 3rd. If possible, might you forward notes taken and materials distributed .. it would be appreciated. A review of the material you sent announcing the information gathering session seems to demonstrate United Power's commitment to the concerns of the Liberty Ranch residents. I was wondering about the perspective provided though .. it seems to be a view from the northeast. What would the perspective be from directly north, i.e. driving south on Wrangler Way? Would the view of the substation be as occluded? Thanks for the attention .. Bill Pollock 13682 Wrangler Way Mead, CO 80542 303-775-0077 9/11/2008 Memo: Slater Substation Landscaping Informational Gathering September 03, 2008 On August 25, 2008 United Power mailed out, a packet of information regarding the landscaping design for the Slater Substation, to all property owners within one half mile of the Substation site. One packet, addressed to Great Western Railroad, was returned via the U.S. Postal Service with a stamp stating "moved, no order." United Power took no further action to contact Great Western Railway. Residents arrived at the Liberty Grange Hall at approximately 6:30p.m. United Power had light refreshments for the attendees, which consisted of cookies, soda, and water. Upon the resident's arrival, United Staff welcomed them, and had them sign in. At approximately 6:40pm a comment was made to get started, because this particular resident expected the meeting to start at 6:30pm. I explained that in the letter mailed out, I had listed Land Architects presentation to start at 7:00pm sharp. I further explained that I would like to wait until 7:00pm because that was what I had stated in the letter. We compromised and started the meeting at 6:54p.m, just a few minutes early. As I started the meeting, I welcomed and thanked the residents for attending the gathering. I introduced United Power staff. (Donald McDaniel. Heidi Storz, and Jai Mendoza) explained the agenda for this gathering. I commented about the comment cards that were on the table. I asked for those that had questions to wait until after Land Architects presentation. I assured everyone that all comments would be heard and answered. I explained that United Power had set up a special email address for anyone who might have comments after that night. I explained that the email address would stay open until 5:00pm September 8, 2008; which would allow them 5 full days and six nights for them to email me any comments. I further explained that I would be available via my direct contact information for anyone that had comments. Land Architects made the presentation which lasted about twenty minutes. After the presentation, we had many questions. Questions ranged from the height of the trees at installation to expected height at full growth and concerns about maintenance of the green areas. One recurrent concern is a noticeable open area on the north side of the sub, where the risers come down from the transmission lines into the substation. This open area is landscaped with shrub massings (a mix of evergreen and deciduous 15' ht. max), and small evergreen trees. The reason that this landscape design is designed this way is because Tri-State Generation and Transmission, like all electric utilities, must meet National Electrical Safety Code clearances. This code is a safety implementation for both the public and the utility. Another resident commented was about the view of the substation driving eastbound on Hwy 66. One resident was concerned about being able to see the substation as they drove home. My response was the natural contours of the land of the Silengo property sink, and thus it was going to be natural for people to view a part of the substation in its current state. Also, there is a subdivision planned for the Silengo Property. I wouldn't be accurate in discussing the timeline 1 about that project, but I do know that there has been a lot of work and hours spent coming up with a development plan for that parcel of land. The key comment or question posed to United Power was whether United Power would landscape the area directly north on Centex's property. This area was designated a green belt area by Centex, but because Centex has left the state, they are not going to invest more money into the Liberty Ranch development at this time. United Power hired Land Architects, who represented Centex at the Board of County Commissioners hearing and helped develop their master plan for the development. Together we have developed this substation landscaping project to address everyone's concerns. My response that night to the residents regarding this additional parcel was that, we will take this comment back to the senior management at United Power for discussion. We will also need to discuss this with the planning department, and county commissioners. I shared a couple other changes with the group. At the Board of County Commissioners hearing the design showed the substation would have a 10' Cedar wood fence with masonry corners. Since United Power is now adding all of the trees and landscaping the fence would not be visible from the north, east, or south ends of the property. Consequently we are planning a 10' cedar fence on the west side without masonry corners. On the other three side's United Power will install a chain link fence. All drainage from the substation property is constructed to stay within the property bounds. With there being no further comments or questions, the meeting was dismissed. One interesting and gratifying comment was made by a resident. He thanked United Power for the hard work put in for the landscaping of this sub. In the following days after our meeting, United Power did not hear any comments from the residents at Liberty Ranch. An email came in directly from on Sunday, September 7, 2008 from Mr. Bill Pollock. I have attached that email as well as my response to this memo. Jay Mendoza Attachments hereto: Packet mailed out 08/25/08, Sign -in sheet, Mr. Pollock email and response. 2 REGISTRATION Slater Sub Informational Gathering September 3, 2008 Name \ecfLeAfr j0 Weed- Lee4 cH.n„ fu Yvv:ztkav, 12214 44. trs oar Address /3702_WRM eez 04)7 13701 ( raa 1/o/' l iCQ/ /3 1.6/ 6-4 k key ( )Z,9/Gr/LE;/�/.Y� � 3 ce t V %A_) «. n 14- v- 1-5133 Sutc>1LQ tr. buck toAkni on)T /373/ to -7/r" hi, taco Br„J/mt., A - Sadden z dv 7 2ZCcuo e?r.(I L( Or \3 a UnCRF), ti -ti 6%9 Phone 3 o3 y s s�d17�-d a),3 Igo 35? 9930 -S31 --coif -1Lo -Legs= U 3 el 3—c23S-13Cecc -fza-g1_ 3`1 SS 303 S3zca6r -41O S34s5C - -3-1t �� IS Page 1 of 2 Michelle Martin From: Adrian Mendoza [amendoza@UnitedPower.com] Sent: Monday, October 20, 2008 10:54 AM To: Purdy, Linda; Michelle Martin; Dean Hubbuck; Don McDaniel Cc: David Foster; mmeyer@rothgerber.com Subject: RE: Slater Substation Mitigation Plan comments Linda, Thank you for your comments regarding the proposed landscaping of the Slater Electrical Substation. After internal discussion regarding these comments, United Power is going to install both a chain link fence with barbed wire and a ten foot cedar fence with masonry brick corners. The Irrigation water system will be tapped off of Mrs. Slater's property and run along the north end, of Mrs. Slater's property, from east to west. If you have any other comments or questions please do not hesitate to contact me. Best regards, Jay Mendoza From: Purdy, Linda [mailto:Linda.Purdy@Centex.com] Sent: Thursday, October 16, 2008 10:40 AM To: Adrian Mendoza Cc: David Foster Subject: Slater Substation Mitigation Plan comments Jay: In light of our noted absence at the September 3`d informational gathering, please accept the following comments to the proposed landscaping of the Slater Electrical Substation. Fencing The proposed plan does not specify what type of perimeter fencing will be constructed. The original plan called for a 10' solid cedar fence on the entire perimeter of the facility. In light of the proximity of the facility to an existing residential neighborhood, Centex would still like a solid perimeter fence. Chain link is obviously transparent and climbable, creating a potential attractive nuisance. Irrigation Water The proposed landscaping will require an irrigation system. Centex would like to know where the irrigation system will be tapped and how water will be provided. United Power's efforts to mitigate the visual impacts of the facility are greatly appreciated. Thank you in advance for your timely response to our comments noted above. Linda M. Purdy Division Land Manager 30:3.705 5219 office 1303.792.9811 fax I Linda.Purdycentex.com Centex Homes Denver Division 10333 E. Dry Creek Rd. # 300 I Englewood. CO 80112 Centex 10/20/2008 SNITED POWER Your Touchstone Energy° Partner lettA August 25, 2008 To Whom It May Concern: United Power would like to invite you to an informational gathering session regarding the landscaping of the Slater Electrical Substation, on September 3, 2008, from 6:30pm to 8:00pm at the Liberty Hall Grange. The Liberty Hall Grange building is located at the intersection of Iay 66 and County Road 5. United Power has retained Land Architects, a well established landscaping firm in the Northern Colorado area, to design the landscaping for the Slater Substation. Land Architects will be presenting their draft proposal at 7:00pm sharp, and a question and comment session will follow their presentation. The electrical substation is located one- half mile south of Highway 66, east of County Road 5.5. The draft landscaping proposal is attached for your review. United Power has set up a special email address for comments regarding the landscaping of the Slater Substation. The email address is slatersublandscape@unitedpower.com. Also, comments can be made to me at (303) 637-1275 or my direct email at amendoza@unitedpower.com. Joint Use & ROW Administrator United Power, Inc. DRAFT UNITED POWER, INC. PO BOX 929 • Brighton, CO 80601 303-659-0551 • 800-468-8809 • fax 303-659-2172 www.unitedpower.com Nancy I. Slater & Leslie Slater do 13433 Weld County Road 7 Longmont, Colorado 80504 12 December 2008 Department of Planning Services Southwest Office 4209 County Road 24.5 Longmont, CO 80504 Dear Ms. Martin: We would like to thank you for your efforts in processing the paperwork related to Recorded Exemption No. 1207-28-4 RE -4712. In addition, as Jason Maxey and Jay Mendoza (representing United Power) have related to you, we as trustees of the A. Dale Slater Trust B, would like to voice our interest in how the landscaping is completed on the parcel which will contain the electrical substation. Basically, we strongly encourage and support the use of native prairie vegetation to the maximum extent, and do not support the use of ornamental, non-native plant species. The following is a short list of potential benefits derived from the practice of using short - to mid -grass biome prairie species: • Prairie vegetation is adapted to this climate and will require less maintenance in the long-term (e.g., reduced water consumption). • Native grasses and forbs are hardy and can help stabilize soil to minimize erosion. • Land will be restored to its condition prior to its being cultivated. • Prairie vegetation and some wildlife species dependent on it have been substantially reduced in abundance and restoring even small parcels to native habitat will benefit those wildlife species (especially birds such as western meadowlarks). These small birds (as an example) may occupy the periphery of the substation parcel if the appropriate habitat is made available. • This parcel can act as a reservoir from which native prairie can naturally expand to re -occupy adjacent "feral" land (surrounding existing and planned subdivisions). Some of these areas are currently dominated by invasive and undesirable species such as Canadian thistle but eventually could be replaced by native prairie. • Prairie flora and fauna provide enhanced aesthetics to neighbors (spring blooms can be spectacular and the chance to see increasingly rare wildlife is exciting!). I am not familiar with your area of expertise, so I am hesitant to overstep my bounds by providing a list of plants that would be appropriate for this site. I understand that there are additional local resource professionals (e.g., Extension Service agents) who would be able to assist in recommending suitable species, if needed. We thank you for considering our desires. We appreciate your oversight of landscaping plans that provide benefits to neighbors by enhancing open spaces while minimizing long-term costs to industries within the County. If you have any questions about the contents of this letter, please contact me as listed below. Sincerely, Leslie Slater P.O. Box 2316 Homer, AK 99603-2316 907-235-1279 e-mail: gazelleAxyz.net cc: J. Maxey, J. Mendoza (United Power) 1NITEDPOWER Your Touchstone Energy` Partner )tic m- 0000 0 V 0 0 K 0 0 aoo0 a 0 w o 0 uu r ' ' z 22 K K mm oam th � m AM 210 Fwd CO o coo CoU 00 Mo Slater Substation Materials Estimate United Power Mead Colorado Date: 08/25/2008 SLATER SUBSTATION @ LIBERTY Note: This Materials Estimate is based upon construction plan RANCH drawings. Materials include Quant. Unit Cost Total landscape, site improvement items, and irrigation. Size Item/Description- Vegetation Shade Trees - 3" cal. Narrow Leaf Cottonwoods 22 EA 500.00 $ 11,000 Shade Trees - 2" cal. Catalpa Trees 18 EA 450.00 $ 8,100 Evergreen Trees - 12' Blue Spruce 25 EA 550.00 $ 13,750 Evergreen Trees - 10' Austrian Pine 23 EA 450.00 $ 10,350 Evergreen Trees - 10 Gallon Rocky Mnt. Junipers 31 EA 200.00 $ 6,200 Ornamental Trees - 2" cal. Amur Maples/Native Chokecherry 52 EA 300.00 $ 15,600 Shrubs -5 gal (Deciduous) 173 EA 35.00 $ 6,055 Shrubs -5 gal (Evergreen Mix) 120 EA 45.00 $ 5,400 Native Turfgrass Seed (Including Amendment & Soil Prep) 194,350 SF 0.15 $ 29,153 Subtotal $ 105,608 Fencing ix6x10' Cedar Fence w/6x6 Posts & 2-20' D.D. Steel Frame Gates 350 LF 85.00 $ 29,750 96"-9 Guage Galvanized Chain Link Fabric 1,000 LF 30.00 I $ 30,000 Subtotal $ "' 59,750 Site Improvements Steel Edging (6" x 12 Gauge Galv. Edging) 1 280 LF 2.00 $ 2 560 Shredded Wood Mulch @ 4" Depth 22 CY 25.00 $ 550 Modular Block Retaining Wall (3' High) 1,620 FF 35.00 $ 56,700 Subtotal $ 59,810 Irrigation Shrub Beds w/ Drip 194,3501 SF I 0.25 1 $ 48,588 Subtotal $ ''48,588 Subtotal $ 273,755`=' PROJECT 9% General Conditions $ 24,638 11% Protect Contingency TOTAL $ of costs for the current project scope. requirements, site conditions, etc. installation, labor, etc.. Water tap and $ 32,823 331,216 Actual Except meter fees Prepared by: LANI?, .ncn sr cr ► "Disclaimer: This Opinion of Probable Cost represents a preliminary opinion quantities and costs may vary based upon the bidding process, engineering where otherwise noted, all costs are said to be complete costs, including and electrical service fees are not included in this Opinion." INITEDPOWEIZ Your Touchstone Energy` Partner Al CORPORATE POLICY Subject: Approval and Execution of Contracts and Other Instruments Policy No.: C-10 Revision: 2 Original Issue Date: 10/18/02 Last Revised: 7/20/07 Last Reviewed: 7/20/07 Page 1 of 2 SCOPE: The Bylaws of United Power, Inc. provide that the Board of Directors may authorize any officer or officers, employee or employees, agent or agents to enter into any contract or execute and deliver any instrument in the name and on behalf of the cooperative, and such authority may be general or confirmed to specific instances. The purpose of this policy is to provide the terms and conditions under which United's officers and employees are granted such authority without the necessity of specific prior approval or further authority of the Board. A. General Authority Granted The Board grants general authority to enter into contracts and to execute and deliver instruments in the name and on behalf of United as follows, without the need of further specific authority to the following persons and under the following restrictions: The Chief Executive Officer and employees designated by him/her shall have the authority to execute the following documents and instruments necessary to the normal daily business operation of United, which are consistent with established United policies and procedures, and which are included in an approved Work Plan and Budget. 1. Right -of -Way easements, permits and licenses. 2. Joint use agreements. 3. Ditch and Utility Crossing agreements and similar documents. 4. Agreements for Line Extensions. 5. Agreements for Temporary Service. 6. Agreements for Subdivision Electric Distribution Facilities. 7. Agreements for Electric Service. 8. Quit Claim Deeds for easements owned by United, which are not useful to United, or for which a substitute of equal utility is provided to United. 9. Disclaimer, waiver, vacation or release of any claim of United in a platted utility easement which is not useful to United or for which a substitute of equal utility is provided to United. 10. CFC Loan Requisition Forms and Lease Financing Documents. 11. Bills of sale of corporate assets in accordance with bylaws, in the ordinary course of business, and not material in nature. 12. Construction Contracts. 13. Consultant Agreements. INITEDPOWER Your Touchstone Energy` Partner 4' CORPORATE POLICY Subject: Approval and Execution of Contracts and Other Instruments Policy No.: C-10 Revision: 2 Original Issue Date: 10/18/02 Last Revised: 7/20/07 Last Reviewed: 7/20/07 Page 2 of 2 14. Litigation related documents. 15. Service contracts and other standard form documents, reports, and vendor agreements which do not specify or require an officer's signature. B. Instruments Requiring Specific Authority Specific authority and approval of the Board of Directors shall be required before officers and/or employees execute or enter into any deeds, mortgages, deeds of trust, notes, bonds or any other contracts or instruments for which general authority has not been granted hereby. ACCOUNTIBILITY: It shall be the responsibility of the Board of Directors and the Chief Executive Officer to implement the terms of this policy. BID: SLATER SUBSTATION EARTHWORK September 29, 2008 2:00 PM Prepared for: United Power Attn: Donald McDaniel 500 Cooperative Way P.O. Box 929 Brighton, CO 80603 Bidder: Harold's Excavating Service, LLC 4038 Weld County Rd 21 Fort Lupton, CO 80621 Sent via email to: dmcdaniel@unitedpower.com ARTICLE VII -BID SCHEDULE SLATER SUBSTATION - EARTHWORK TOTAL MATERIAL & LABOR ) § § § i { \ } \ } a § $523,526.00 CONTR. FURN. MATERIAL & LABOR PER UNIT - \ -0 - \ 11 ' / TOTAL BID: TOTAL UNITS LABOR $ ! 8 § 8 F. i | § 8 § 8 § 8 k 8$ } j } ! \ r § 8 { CONTR. FURN. LABOR PER UNIT �( \(\'f TOTAL UNITS MATERIAL 8 . 8 ■ . | | 8 „ . - $ ) ) i ; ; r; } , . CONTR. FURN. MATERAL PER UNIT NUMBER OF CONSTRUCTION UNITS ! - - a ; | ! ! NAME AND DESCRIPTION OF CONSTRUCTION UNIT CONDUIT 6" PVC CONDUIT (LINEAR FEET) _ SECTIONALIZING CABINET SLEEVES (LUMP SUM) GROUP K TOTALS: � SITE PREPARATION EROSION CONTROL (UNEAR FEET) CLEARING AND GRUBBING (LUMP SUM) EXCAVATING MID CUTTING (CUBIC YARD) BACKFILLING (CUBIC YARD) DISPOSAL OF EXCESS MATERIAL (CUBIC YARD) SURFACE MATERIAL (TON) TOP SOIL MATERIAL (LUMP SUM) RIP.RA➢ MATERIAL (TON) CONCRETE REINFORCED PIPE (LUMP BUM) RETAINING WALL (LUMP SUM) GROUP M TOTALS: ARTICLE VII -BID SCHEDULE SLATER SUBSTATION - EARTHWORK GROUP K K1 GROUP M a ; ; MO ; ! : ; , Slater Substation Saddle Drive I• I I em "siren —. t z cp { A Existing 2' Comae, _r▪ rn • 1 . I .nee s _4See- • .. —+- —a- 11 L. 5 — Existing M»goion Ouch .i 4 I r1 .;r . — 2 4149 4+ -/1714:0Rafl'f -i.''=Lam•}.�- • i d 9 • 1 O G C LIIIIIMeWYrMMer...iira•ae•r.tlee•inHlintlain UMW. 1.. "MY uL•an umini aItim mei a MI l ism, so•truaml usaaj 8 ►y O ,ry b rt '1;1 (iv u� es Cn I C 8 0 NOTICE OF PUBLIC MEETING On Monday, February 9, 2009, at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider whether to approve an Improvements Agreement According to Policy Regarding Collateral for Improvements (Private Road Maintenance) and accept Collateral for Use by Special Review Permit #1629 for United Power, Inc. The meeting will take place in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, The proposed Improvements Agreement may be examined in the office of the Clerk to the Board, 915 10th Street, Third Floor, Greeley, Colorado 80631, during normal business hours from 8:00 a.m., to 5:00 p.m. Written comments are also welcome and must be received prior to February 6, 2009, in the office of the Clerk to the Board, P.O. Box 758, Greeley, Colorado 80632. To ensure inclusion of E -Mail correspondence into the record, please send a copy to egesick@co.weld.co.us. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: January 23, 2009 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Meeting was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 23rd day of January, 2009. C/O NANCY, BARBARA, AND JENNIFER SLATER A. DALE SLATER TRUST B 13433 CR 7 LONGMONT CO 80504 BARBARA SLATER PO BOX 2316 HOMER AK 99603-2316 ATTN JASON MAXEY OR JAY MENDOZA UNITED POWER INC 500 COOPERATIVE WAY PO BOX 929 BRIGHTON CO 80601 ATTN MARK A. MEYER, ESQ. ROTHGERBER JOHNSON AND LYONS LLP 1200 17TH ST STE 3000 DENVER CO 80202 ATTN: DAVID WM. FOSTER CO -MANAGING PARTNER FOSTER GRAHAM MILSTEIN MILLER CALISHER LLP 621 17TH ST, 19TH FLR DENVER CO 80293 ATTN LINDA PURDY CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD CO 80112 NATHANIAL AND DOROTHY BARNHART 13584 SADDLE DR MEAD CO 80542 JAMES DELISA III AND ANGELA DELISA 13561 WRANGLER WAY MEAD CO 80542 HUGO GARCIA AND MAURA SANCHEZ 13593 SADDLE DR MEAD CO 80542 JEFFREY AND STEPHANIE HARDY 13571 WRANGLER WAY MEAD CO 80542 HERGENREDER NORTH 80 LLC AND HERGENREDER SOUTH 200 LLC 2130 CR 28 LONGMONT CO 80504 KITELEY FARMS LTD 13844 CR 7 LONGMONT CO 80504 DAVID M. KOMBEITZ AND DAVID A. KOMBEITZ 13542 WRANGLER WAY MEAD CO 80542 JEROME AND DIANE KULM 13522 CR 7 LONGMONT CO 80504 DAVID AND LORI LESUER 13572 WRANGLER WAY MEAD CO 80542 LIBERTY RANCH HOMEOWNERS ASSOCIATION INC 390 INTERLOCKEN CRESCENT #500 BROOMFIELD CO 80021-8041 CERTIFICATE OF MAILING - A. DALE SLATER TRUST B (IMPROVEMENTS AGREEMENT RE: USR #1629) PAGE 2 MEAD CROSSING LLC 1200 17TH ST #850 DENVER CO 80202-5835 C/O GEORGE MCELROY AND ACCOCIATES INC CENTEX HOMES AND MIDWEST HERITAGE INN OF VISALIA INC AND MIDWEST HERITAGE INN OF DEPTFORD INC 3131 S VAUGHN WAY STE 301 AURORA CO 80014 QUALLS INVESTMENT CO 2031 CR 28 LONGMONT CO 80501 MYRA SILENGO 2498 ST HWY 66 LONGMONT CO 80504 THOMAS AND PEARL YEAGER 13562 WRANGLER WAY MEAD CO 80542 Deputy Clerk to the Board AFFIDAVIT OF INTERESTED LAND OWNERS Page 1 of 8 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 120728000010 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. ddLL. see Signature /-aO-02009 Date Property Owners Within 500 ft. of Parcel# 120728000010 NAME MAILING ADDRESS PARCEL IDENTIFICATION # BARNHART NATHANIAL J Additional Owners: 13584 SADDLE DR MEAD,CO 80542 120728102098 BARNHART DOROTHY M CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102114 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102115 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102116 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102117 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102118 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102119 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102120 http://maps2.merrick.com/website/weld/setsql.asp 1/20/2009 AFFIDAVIT OF INTERESTED LAND OWNERS Page 2 of 8 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102121 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102122 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102128 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102129 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102130 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102131 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102132 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102133 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102134 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102135 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102136 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102137 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102138 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102139 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102140 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102141 10333 E DRY CREEK RD #300 http://maps2.merrick.com/website/weld/setsql.asp 1/20/2009 AFFIDAVIT OF INTERESTED LAND OWNERS Page 3 of 8 CENTEX HOMES ENGLEWOOD,CO 80112 120728102142 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102143 CENTEX HOMES CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102144 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102145 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102146 CENTEX HOMES CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102147 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102148 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102149 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102150 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102151 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102152 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102153 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102154 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102155 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102156 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102157 CENTEX HOMES 10333 E DRY CREEK RD #300 120728102158 http://maps2.merrick.com/website/weld/setsql.asp 1/20/2009 AFFIDAVIT OF INTERESTED LAND OWNERS Page 4 of 8 ENGLEWOOD,CO 80112 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102159 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102160 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102161 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102162 CENTEX HOMES CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102163 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102184 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102185 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102186 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102187 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102188 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102189 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102190 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102191 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102192 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102193 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102194 http://maps2.merrick.com/website/weld/setsgl.asp 1/20/2009 AFFIDAVIT OF INTERESTED LAND OWNERS Page 5 of 8 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102195 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102196 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102197 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102198 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102199 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102226 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102227 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102228 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102229 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102230 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102231 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102232 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102233 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102234 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102235 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102236 CENTEX HOMES 10333 E DRY CREEK RD #300 http://maps2.merrick.com/website/weld/setsgl.asp 1/20/2009 AFFIDAVIT OF INTERESTED LAND OWNERS Page 6 of 8 CENTEX HOMES ENGLEWOOD,CO 80112 120728102237 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102238 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102239 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102240 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102241 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102242 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102243 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102244 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102352 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102353 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102354 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102355 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102356 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102357 CENTEX HOMES CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102095 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102096 CENTEX HOMES 10333 E DRY CREEK RD #300 120728102097 http://maps2.merrick.com/website/weld/setsql.asp 1/20/2009 AFFIDAVIT OF INTERESTED LAND OWNERS Page 7 of 8 ENGLEWOOD,CO 80112 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102082 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102085 CENTEX HOMES 10333 E DRY CREEK RD #300 ENGLEWOOD,CO 80112 120728102086 DELISA JAMES LAWRENCE III Additional Owners: 13561 WRANGLER WY MEAD,CO 80542 120728102084 DELISA ANGELA SHAUNDELLE GARCIA HUGO E Additional Owners: 13593 SADDLE DRIVE MEAD,CO 80542 120728102091 SANCHEZ MAURA D HARDY JEFFREY D & Additional Owners: 13571 WRANGLER WAY MEAD,CO 80542 120728102083 HARDY STEPHANIE ANN HERGENREDER NORTH 80 LLC 2130 WELD COUNTY ROAD 28 LONGMONT,CO 80504 120728000008 HERGENREDER SOUTH 200 LLC 2130 WELD COUNTY ROAD 28 LONGMONT,CO 80504 120733200007 KITELEY FARMS LTD 13844CR7 LONGMONT,CO 80504 120727000047 KOMBEITZ DAVID M Additional Owners: 13542 WRANGLER WAY MEAD,CO 80542 120728102090 KOMBEITZ DAVID A KULM JEROME M & Additional Owners: 13522 CR 7 LONGMONT,CO 80504 120727000045 KULM DIANE L LESUER DAVID KARL Additional Owners: 13572 WRANGLER WAY MEAD,CO 80542 120728102088 LESUER LORI ANN LIBERTY RANCH HOMEOWNER ASSOCIATION INC 390 INTERLOCKEN CRESCENT #500 BROOMFIELD,CO 80021-8041 120728101082 MEAD CROSSINGS LLC 1200 17TH ST #850 120733000030 http://maps2.merrick.com/website/weld/setsql.asp 1/20/2009 AFFIDAVIT OF INTERESTED LAND OWNERS Page 8 of 8 DENVER CO 80202-5835 MIDWEST HERITAGE INN OF VISALIA INC Additional Owners: C/O GEORGE MCELROY & ASSOC 3131 S VAUGHN WAY STE 301 AURORA,CO 80014 120734200042 MIDWEST HERITAGE INN OF DEPTFORD INC MIDWEST HERITAGE INN OF VISALIA INC Additional Owners: C/O GEORGE MCELROY & ASSOC 3131 S VAUGHN WAY STE 301 AURORA,CO 80014 120734400043 MIDWEST HERITAGE INN OF DEPTFORD INC MIDWEST HERITAGE INN OF VISALIA INC & Additional Owners: C/O GEORGE MCELROY & ASSOCIATES INC 3131 S VAUGHN WAY STE 301 AURORA,CO 80014 120727300015 MIDWEST HERITAGE INN OF DEPTFORD INC MIDWEST HERITAGE INN OF VISALIA INC & Additional Owners: C/O GEORGE MCELROY & ASSOC 3131 S VAUGHN WAY STE 301 AURORA,CO 80014 120734200034 MIDWEST HERITAGE INN OF DEPTFORD INC QUALLS INVESTMENT CO 2031 CR 28 LONGMONT,CO 80501 120728000039 SILENGO MYRA JANE 2498 HWY 66 LONGMONT,CO 80504 120728000037 YEAGER THOMAS P & Additional Owners: 13562 WRANGLER WAY MEAD,CO 80542 120728102089 YEAGER PEARL H http://maps2.merrick.com/website/weld/setsgl.asp 1/20/2009 Page 1 of 3 Weld County, Colorado .'Weld county WCoioracoAtreas FIRESTONE its httn://mans2.merrick.com/MerrickIMS/ims?ServiceName=weldovr&Form=True&Encode... 1/20/2009 Weld County, Colorado Page 3 of 3 LATER NANCY 1112 INT & 13433 CR 7 LONGMONT, CO 80504 otal Taxes: mount Due: 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Vi I.I E lia L 0) CV Nia 0 CD , 4MI 4.10 C aC MO W 0. al o L C C 0 O� �L MEW vimi cc; wo (13 U o in WW 0 II. ao �a a) wia s 0 I Trees a 2 at time of ears after Elizabeth Strong From: Sent: To: Subject: Attachments: Adrian Mendoza [amendoza@UnitedPower.com] Tuesday, February 10, 2009 9:23 AM Elizabeth Strong RE: Presentation for Board of Weld County Commissioners Final Lanscaping.ppt Final nscaping.ppt(351 K Mrs. Strong, Please find attached my presentation for the record. Thank you for emailing me, I was going to burn in it onto a disc and mail it. This works much better. Thanks again, Jay Mendoza Original Message From: Elizabeth Strong [mailto:estrong@co.weld.co.us] Sent: Monday, February 09, 2009 4:03 PM To: Adrian Mendoza Subject: Presentation for Board of Weld County Commissioners Mr. Mendoza, I was the acting clerk for the Board at today's meeting and I received a disc with Land Architect's presentation from Bruce Barker, the County Attorney; however, I don't believe we received a copy of your presentation. Would you mind emailing it to me? Thanks for your time! Elizabeth Strong, Deputy Clerk to the Board Hello