HomeMy WebLinkAbout20080913.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE), AUTHORIZE
CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR PLANNED UNIT DEVELOPMENT
FINAL PLAN, PF #1097 - BREAKNECK WELD PROPERTIES, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on June 28, 2006, the Weld County Board of Commissioners approved the
application of Breakneck Weld Properties, LLC, 10845 West 32nd Avenue,Wheat Ridge,Colorado
80034,for Change of Zone, PZ#1097,from the A(Agricultural)Zone District to the PUD (Planned
Unit Development)Zone District for nine(9)lots with E(Estate)Zone uses;and on March 30, 2007,
the Department of Planning Services approved a PUD Final Plan, PF#1097, for nine (9) lots with
E (Estate) Zone uses on the following described real estate, to-wit:
N1/2 NW1/4 of Section 6, Township 3 North, Range
68 West of 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 (Public
Road Maintenance) for Keller Estates PUD, between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County,and Breakneck Weld Properties,
LLC, with terms and conditions being as stated in said agreement, and
WHEREAS,the Board has been presented with Irrevocable Letter of Credit No. 1063 from
FirsTier Bank, 18870 East Plaza Drive, Suite 101, Parker, Colorado 80134, in the amount of
$77,372.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Irrevocable Letter of Credit 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(Public Road Maintenance)between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and Breakneck Weld Properties,
LLC, be, and hereby is, approved.
2008-0913
PL1843
(I( : /, Pa], ,P" O4 �sds
IMPROVEMENTS AGREEMENT - BREAKNECK WELD PROPERTIES, LLC
PAGE 2
BE IT FURTHER RESOLVED that Irrevocable Letter of Credit No. 1063 from FirsTier Bank,
18870 East Plaza Drive, Suite 101, Parker, Colorado 80134, in the amount of$77,372.00, be and
hereby is, accepted.
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 24th day of March, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: /tJ iTY ;F
r AC" t, *; am H. Jerke, Chair
Weld County Clerk to the Board 1 1 f1�
s4� hRai rt D. am; ro-Tem
Deputy-Clerk to the Boarer
Willie F. Garcia
APPROVED AS, . EXCUSED
David E. Long
G°sty Attorney (c3‘4*---4Q2JAnckS u
Doug la ademacher
Date of signature: y/7/68
2008-0913
PL1843
3j
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLIC ROAD MAII/N:'TANCE)
THIS AGREEMENT,made and entered into this !// day of.- ta,20O/,.y by and between
the Countypf Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter called"County,"
a annnda'`<&1A'41S C!E4 is hereinafter called"Applicant."
0,2areS , -n, a WITNESSETH:
WHEREAS,Applicant is the owner of,or has a controlling interest in the following described property in the
County of Weld,Colorado:
see e ,17 c✓7+fl hee.e ,a#uti) %ete9e/
WHEREAS,a final Subdivision/Plamed Unit Development (PUD) Plat of mid property, b be known as
Zreriats, has been submitted to the County for approval;and
WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Nat,Planned Unit
Development Final Pkt,or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision
Improvements Agreement guaranteeingtheconstruction ofthe public improvements shown on plans,platsandsupporting
documents of the Subdivision Final Plat,Planned Unit Development Final Nat,orS ite Plan,which improvements,along
with a time schedule for completion,are listed in Exhibits"A"and "B"o f 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.
1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor
registered in the State of Colorado,olorado,and shall conform b 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 finish drawings and cost estimates for roads within the Subdivision or Planned Unit
Development to the County for approval poor to the letting of any construction contract. Before
acceptance of the roads within the Subdivision orPla aped Unit Development by the County,Applicant
shall furnish one set of reproducible"as-built"drawings and a final statement of construction cost to
the County.
2.0 (tights-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
111111111111111111 (III11111III 1111111111111111111 (III
3548325 04/17/2008 12.2712 Weld County, CO 2008-0913
1 of 18 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
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"also attached he repo 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 improvement. 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 dull 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 tine 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 requirement 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 nspect,or to require
testing and inspection of material and work, at Applicant's expense. Any materiel or work not
conforming to the approved plans and specifications shall be removed and replaced b the satisfaction
of the County atApplicant'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 mnstrucdon schedule appearing in Exhibit"B." The Board of
County Commissioners, at its option, may gant 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 everynature and description caused
by,arising from,or on account of said design and construction of improvements,and pay any and all judgmen ts
renderedagainstthe 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 lability, 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 ofColorado governing occupational safety and health.
5.0 Off-Site improvements Reimbursement Procedure:The subdivider,applicant,or owner maybe reimbursed for
off-site road improvements as provided in this section when t has been determined by the Board of County
Commissioners that the road Scillies 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 Sub division 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:
1 111111 11111 111111 1111 1111 11111 1111111 III VIII 1111 IIII
3548325 04/17/2008 12:27P Weld County, CO
2 of 18 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
• - 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 ITS 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 Commhsioners that vehicular traffic from a
Subdivision,Resubdivision,or Planned Unit Development will use a road improvement constructed
underan improvem entsagreem ent,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 rats share of the total trip impacts generated by the original development
Evidence that the original subdivider,applicant,or owner has been reimbursed by the subsequent
subdivider,applicant or owner shall be submitted to the Department of Planning Servides prior to
recording the Subdivision,Resub division,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, Resubd ivision, or Planned Unit Develop meat using the road improvements
constructed under a prior improvement agreement will be based upon a pm raft share of the total trip
impacts associated with the number and type of dwelling nab and square footage and type of
nonresidential developments intunded to use the road improvement The amount of road improvement
costs shall also consider inflation as measured by the changes in the Colorado Construction Costlndex
used by the Colorado Division of Highways. The cost of road improvements may be 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-sit 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 ITS Trip Generation Manual. Any
question about the number of trips a Subdivision,Resubdivision,or Planned Unit Develop meet 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 moniesto be reimbursed b y the subsequent subdividers,applicants,
or owners.
1111111 1111 111113 11111 11111 11311 III 11111 IIII IIII
3548325 04/17/2008 12:27P Weld County, CO
3 of 18 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
6.0 'Acceptance of Streets for M ainteaance by the County: Upon compliance with the followingprocedures by the
Applicant,streets within a Subdivision or Planned Usk 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 p onions.
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 ExhibitB;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 satisfac tory to the County;and all
terms of this Agreement have been faithfully kept by Applicant
6.3 Upon completion of theconstructionofatreets within aSubdivisionorPlanned 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£inds 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 imalapproval 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 will all current County standards,polices and regulations.
The improvements shall be completed within one(I)year aft er the Final Fiat approval(not one year
alter acceptable collateral is submitted)unless the applicants) molests that this Agreement be
renewed at least thirty(30)days Prior to its ewiratbn and further provides that cost estimates Mr
/he remaining improvements are undated and collateral it provided in the amount of One-Hundred
percent(100%)of the value of the improvementsremaining b be completer,If improvements am not
completed and the agreement notrenewed within these time frames,the County,at its discretion,may
make demand on allor a portion of theeollateral and take stepsto see that the improvements are made.
7.2 The applicant may choose to provide for a phased development by means of designating filings o f a
Planned Unit Devebpment 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 bycollateralwhich willprohibit the conveyance
of the property or the issmnce of building permits until collateral is provided or until improve ments
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." The costs of the
improvements described in Exhibit"A"will be adj tasted higher or lower for the year and quarter in
1111111 1111 111111 VIII 11111 1111111 III 11111 1111 1111
3548325 04/17/2008 12:27P Weld County, CO
4 of 18 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
which the contemplated work is being performed based on"The State Highway Bid Price Index"
contained in the "Quarterly Cost Report" of The Engineering News-Record as published by The
McGraw-Hill Companies. The applicant has provided costestiinats forall phases of the development
which will be adjusted in accordance with The State Highway Bid Price Index atthe time of posting
of collateral for each phase.
8.0 . Improvements Guarantee: The five types of collateral listed below are acceptab le 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 instintion 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"A"and "B."
8.1.2 The Letter of Credit shallprovide for payment upon demand to Weld County if the developer
has not performedthe 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 shallguarantee 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 Sill Irce and effect until after the
Board has received sixty(60)days written notice from the issue 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.
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.L) indicating that the value of the
property encumbered in itscurrent 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.L)indicating that the value of the property encumbered in
its current state of development is sufficient to cover One-Hundred percent(100%)of the
1 111111 11111 111111 1111 1111 11111 1111111 III 11111 1111 1111
3548325 04/17/2008 12:27P Weld County, CO
5 of 18 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
cost of the improvements as set forth in the Improvements Agreement plus all costs o f 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 encumberedproperty.
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 a mount 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 corporat 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.
•
9.0 Request for Release of Collaterak 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 the State of Colorado that the project or 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 appro priate, 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 Authorityindicating the fire hydrants are in place
in accordance with the approved plans. The lettershall indicate ifthe 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.
VIII VIII IIIIIIIIIIIIIII IIII IIII
LJ5LIiiL!'tL' 1V1!iJJ" 12:27P Weld County, CO
6 of 18 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of
acceptance of the street 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 betaken at a
•
regularly scheduled public meeting of the Board.
. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"in theamouat 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 shallbereleasedtotheapplicantuponfnalacceptancebytheBoardo£County
Commissioners for full maintenance under Section 5.3 herein.
10.0 Public Sites and Open Spaces: When the Board of CountyCommissioners,pursuant lo 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 ofa character,extnt 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 by relevant Sections of the Weld County Code,shallbe
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 by relevant Sections 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 Planned Unit Development
10.3 In lien 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 by relevant Sections
of the Weld 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 sunning
with the land herein described,and shall be binding upon the successors in ownership of said land.
1 111111 11111 111111 1111 11111 11111 1111111 111 11111 1111 1111
3548325 04/17/2008 12:27P Weld County, CO
7 of 18 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
7
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be t cuted on the day and year
first above written.
APPLICANT: 7u.
APPLICANT:
TITLE:
Subscribedand sworn ti before me this (€7 day of PeCernher,20_0.
My Commission expires: wry public
1/ 101201 ( TARYN WILCOXON
NOTARY PUBLIC
STATE OF COLORADO
r,,��c; Expires 07/10/2011
.'g r7 BOARD OF COUNTYCO4iigig Iig�S
ATTEST: y a a tie WELD COUNTY,COLORADO
t Y G /
Patel/ ‘‘4...O 71,1 1•
,Chair
Weld oonty Clerk to the Board i.. 4•`c t William II. Jerke
�. $ < ^ : 03/24/2008
BY. it ..!'
D ty CI to e Board
APPROVED AS TO FORM:
unty Attorney
111111111111111111111111111111111111111 111 1111111111111
3548325 04/17/2008 12:27P Weld County, CO
8 of 18 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
S
BreakNeck weft rropurtiva, roe.
Exhibit"A"
Keller Estates
PF#1097,Nine Lot Estate Zoned PUD
East&Adjacent to WCR1 and South&Adjacent to WCR38 Section Line
Intending to be legally bound,the undersigned Applicant hereby agrees to provide
throughout this Subdivision or Planned Unit Development the following improvements: Estimated
Unit Construction
Quantity Units Costs Costs
itsGrading
improvements 2,787 CY $ 1.85 $ 6,428
Site Grading ionp TAbado Dirt 10,000 $ -
Demolition&Abandonment Vader 1 EA $
Street Grading Subgrede prep
550 LF Various $ 1,800
Street Base Asphalt
176 CY $ 12.60 $ 2,493
Street Paving Asphalt
643 SY $ 18.42 $ 12,060
Curbs,Gutters,&Culverts
Diggins Easement Completed
Sidewalks
Storm Sewer Facilities
RetentionlDetention Ponds 5,950 SY Various $ -
$ -
Ditch Improvements-Big R MFG Completed $ _
Subsurface Drainage
Sanitary Sewers
Trunk&Forced Lines
Water Mains
197 LF Various $ 11,539
Laterals(House Connected)
On-site Sewage Facilities
On-site Water Supply and Storage-irrigation
Water Mains(Includes Bore) (included above)
$ -
Fire Hydrant High Pressure 0 EA $3,637.00 $
1 EA $ 15,000 $ 15,000
Survey&Street Monuments&Boxes - y
Privacy Gate 0 EA $ 15,000 S s� v
Street Lighting C
Street Names,Signage,Kiosk
3 EA Materials $ 8,000 $ 15,800
3 EA. Labor $ 7,000 -O a,y
Fence Requirements Completed 8,000 LF $ 11.00 $ - la ed
Landscaping 1 EA $ 9,250 $ 9,250 c O
= 0
$ - a V =
Park Improvements co
=v0
Road Culvert mmme d 2
�� d
Grass Lined Swale,Rock Walls a,
LTWD Meter Pits $ - N
�N
Telephone os —¶9 o
Propane Gas- Tanks . —moo
School Fees 0 EA $2,092.00 $ o
Development Fees co D
co Elect Fees -N o
a.
artec
Marketing Costs —1-o•
Water Transfer 0 EA $8,385.00 ma�o
SUBTOTAL: $ 74,169
ern
03
Engineering&Supervision Costs: $ 1 882 —N
Testing,inspection,as-built plans,work in addition to preliminary&final plat; $ 1,320 03 o
Supervision of actual construction by contractors
_MOr
TOTAL.ESTIMATED COST OF IMPROVEMENTS&SUPERVISION $ 77,372
9
EXHIBIT "A"
Name of Subdivision
or Planned Unit Development
Filing
Location:
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout His Subdivision or
Planned Unit Development the following improvements. (Leave spaces blank where they do not apply.)
Improvements Quantity Units Unit Estimated Construction
Costs Cost
Site grading
Street grading
Street base
Street paving
Curbs,gutters,and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch Improvements
Subsurface drainage
Sanitary sewer
Trunk and forced line
Mains
Lateral(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 Names
Fencing requirements
Landscaping
Park improvements
Road culvert
Grass lined swale
Telephone
Gas
Electric
Water transfer
SUB-TOTAL:
Engineering and Supervision Costs S
(Testing,inspection,as-builtplans and work in addition to preliminary and final plat;supervision of actual construction
by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION S
1111111 1111111111111II 11111 111111111111 111 111111 III IIII
3548325 04/17/2008 12:27P Weld County, CO
10 of 18 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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 s be completed according to the construction schedule set out in Exhibit"B."
By:
Applicant
Applicant
Date: /._._,20 07
Title
(If corporation,to be signed by President and attested to by Secretary,together with corp orate seal.)
111111111111111111liii11111111111111111III111111IIIIII!
3548325 04/17/2008 12:27p Weld County, CO
11 of 18 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
10
BreakNeck Weld Properties, Inc.
EXHIBIT "B"
Name of Subdivision or Planned Unit Development: Keller Estates
Filing: PF#1097,Nine Lot Estate Zoned PUD
Location: 17792 WCR 1,Berthoud, CO 80513; East&Adjacent to WCR1 and South&
Adjacent to WCR38 Section Line
All improvements shall be completed within one year from the date of approval of the final
plat.Absent pillory, the applicant offers December 2008 as the date of completion.This
completion schedule excludes consideration of unusual weather difficulties that do occur.
Construction of the improvements listed in Exhibit A shallcompleted
as follows:
Time of Completion
Improvements: after final plat approval
Site grading Four weeks
Street grading Six weeks
Street base Twenty-six weeks
Street paving Twenty-seven weeks
Curbs,gutters& culverts -
Sidewalks
Storm sewer facilities Seven weeks
Retention ponds Eight weeks
Ditch improvements Thirty weeks
Subsurface drainage -
Sanitary sewers
Trunk and forced lines Ten weeks
Mains
Laterals (house connected) -
On-site sewage facilities -
On-site water supply and storage -
Water mains (included above) Eleven weeks
Fire hydrants Thirty-five weeks
Survey and street monuments and boxes �'tY'
Street lighting
Street name signs,Kiosk Thirty-eight weeks
Fence requirements Forty-five weeks
Landscaping
Park improvements
Road culvert Nine weeks
Grass, lined swale -
Telephone -_
Gas _
Electric
Water transfer
SUB-TOTAL: Forty-five weeks
Iilll 'Mil1 III 111111 III IIII
3548325 04 7./02008 12:27P Weld County, CO
13254
2 of 18 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT "B"
Name of Subdivision
or Planned Unit Development
Filing
Location:
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.)
Improve meats 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 snooty and storage
Water again
Fire hydrants
survey and street monuments and boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Road culvert
Grass lined swab
Telephone
Gas
Electric
Water transfer
SUB-TOTAL:
111111liii lI 1I
I11 IlI II1
3548325 04/17/2008 12:27P Weld County, CO
13 of 18 R 0.00 D 0,00 Steve Moreno Clerk & Recorder
•
•
The County,at its option,and upon the request of the Applicant,may grant an extension of time for completion for any
particular improvements shown above,upon a showing by the Applicant that the above schedule cannot be met.
By: �� t
Applicant
Applicant
Date:/ — ,20 .
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
•
1 11 1111 1111 1 111111 IIII 11111 11111 11 III HIFI III IIII
3548325 04/17/2008 12:27P Weld County, CO
14 of 18 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
12
•
T el 1 R U. D!R! libalimriabitatilamider
PERSONAL RSPRSSEN''fAT[V&'S DUD
(Sale)
THIS DEED k erode by ROBffitT DEAN-WEIPZE , as Pries,
Rep ntalthe d 6e Bak of ADE Enna deed, Il. as
RREAEPIBOC WELD PROP 1tt LLC, a Calmed* Limbed tidally
y(batpa%Gotha Ora*gal sib=sP.O.Rex WBRATR®CRi,CO
Cosy ��°s�
L
•
WHEREAS,the daeaimtdied a the date of October 5,2001 and Clamor was duly appointed Pascal R We
Hole by the Dbtdet Cast sad tribe County of Latimer,Stale oftolomdo,ProbateNo.03 PE 425,oaths dote of
14,2003,sad is sow qualified ad seam in add cocky.
. NOWTHnRHPQRE,Fart to du poem combined axle Coster byes.Ca do Probe Code,Gaeta doesEac
and cant'onto Oemee,for ad is wmidemka dNsa lbodeedd Tb&t.Plve Monad Dollae Oe Wades daub
property Smote Into Caw*of Wdd,Sts iofQdwdo
. The Nor h Half of the Northwest Qomer(N%NW'A)of&aka 6,Township 3 Nai6,Hoge 68 Wes doe 641214,
dweN,Sae otall
t'o. to aid pool=iadodieg Tea(10)a s albs Hoed ifl
Caapa ,Fivith aR idC ej casts sad Aim(5)ems DTboLFRa
Carry, ad E n-SA deed ern*id bylT a este CmpaY_
Carpet'sod 20 ohs uf.ratc.gooaa a the acid)td by The NarPosa Colorado Water Cowasse7 Ddshiot also
saes oft Gamer bilks lib B3'-Pas.
abs biown by skeet sod somber= 17792 Weld Comity Read 1,Berthoud,CO 30513
•
pmeaa's sehedole or pared amier
With all appseoama.
- As used beret,the singular includes the pima'and the phial l Os Open.
Emot per,LR 2005 hr!✓f /✓� ""' )117- —9 f
• ROBERT DEAN WHIDIaY '
Peaml RW sesetha6ve doe Estate of
Abe Oesos,Deceased
STATE OFCOLORADO
UOONrYOFLARIM'A - ))a. -
This liscgobeiasaoat was ma wkdged etaemgau� dey of Jemmy, 2005. by Rabat Den Whfl
Pascoe!Rep esemedveof tbsBatsdAbeOdina
Waon my MM aid ofikialaeal
bya_ddaaapim
< V
i_ Z
a Rtl� liagPdie
la1R� lacier
'9sltesaegal� �
3665,RK PSI/in-300/2c.900
- Fat Qfl CO ROra s
Name sad Adios ofPawu Crating Newly Death tsRdDesaipl=(§38-35-106.5,CRS.) ,
•
•
111111111111111111 IIII 11111 1111111 III 111111 III IIII
3548325 04/17/2008 12:27P Weld County, CO •
15 of 18 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
STEWART TITLE
JUNE 13, 2007
PROPERTY DESCRIPTION
(TRACT A OF PROPOSED KELLER ESTATES)
A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST QUARTER
OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6th
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6;
THENCE SOUTH 00°01'09" EAST, ALONG THE WEST LINE OF SAID
NORTHWEST QUARTER, A DISTANCE OF 662.91 FEET; THENCE
SOUTH 89°58'51" EAST A DISTANCE OF 40.00 FEET TO THE POINT
OF BEGINNING;
THENCE NORTH 00°01'09" WEST A DISTANCE OF 30.00 FEET;
THENCE SOUTH 89°58'51" EAST A DISTANCE OF 82.34 FEET TO A
POINT ON NON-TANGENT CURVATURE;
THENCE ALONG THE ARC OF SAID NON-TANGENT CURVE TO THE RIGHT
HAVING A CENTRAL ANGLE OF 123°56'10", A RADIUS OF
65.00 FEET AND AN ARC LENGTH OF 140.60 FEET (CHORD
BEARS NORTH 89°28'26" EAST, 114.75 FEET) ;
THENCE SOUTH 01°04'18" EAST A DISTANCE OF 30.00 FEET TO A
POINT OF NON-TANGENT CURVATURE;
THENCE ALONG THE ARC OF SAID NON-TANGENT CURVE TO THE RIGHT
HAVING A CENTRAL ANGLE OF 126°07'06", A RADIUS OF
65.00 FEET AND AN ARC LENGTH OF 143.08 FEET (CHORD
BEARS SOUTH 89°28'26" WEST, 115.89 FEET) ;
THENCE NORTH 89°58'51" WEST A DISTANCE OF 82.34 FEET;
THENCE NORTH 00°01'09" WEST A DISTANCE OF 30.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 17, 619 SQUARE FEET (0.40 ACRES) MORE OR LESS.
111111111111111111 IIII 11111111111111111 III IIIIII III IIII •
3548325 04/17/2008 12:27P Weld County, CO
16 of 18 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
•
page l of 3
BASIS OF BEARING: BEARINGS ARE BASED THE WEST LINE OF SAID
NORTHWEST QUARTER OF SECTION 6 AS BEARING
NORTH 00°01'09" WEST. THE NORTHWEST CORNER OF SAID SECTION 6
IS MONUMENTED BY A 3-W' ALUMINUM CAP, STAMPED: LS 18471 AND
THE NORTH 1/16 CORNER OF SAID SECTION 6 IS MONUMENTED BY A
2-A" ALUMINUM CAP, STAMPED: LS 34714 .
PREPARED BY:
ROBERT J. EDERVEEN, PLS
PLS No. 37889
FOR AND ON BEHALF OF:
KIRKHAM MICHAEL
1861 AUSTIN BLUFFS PARKWAY #101
COLORADO SPRINGS, COLORADO 80918
(719) 266-5212
page 2 of 3
IIIIII VIII IIIIII IIII VIII VIII VIIIII III IIIIIIIIIIIII
3548325 04/17/2008 12:27P Weld County, CO
17 of 18 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
NO CHANGES ARC TO SC MACE TO MSS DRAWING WITIOYr WRITTEN PEIIMWORON ON IOMMIJA WCHAEL CONSULTING CNOINE w
EXHIBIT
='PQO REC/S '
POINT OF COMMENCEMENT ;%.o%G� t" EDE�.�-� '�,,
NW CORNER, SEC. 6, T3N, R68W V !4, �t,At o
Tai FOUND 3-}" ALUM CAP, \ :.03 2 37889 ZI ce
els
RIM ROM STAMPED AS SHOWN \ ', AO . t �o
IS 4:0 VP % ../.# ./
t.7 "'r k'e'Lr4 G4\ /
s q-060 Asti" 4
t �� /2" 6/Nooro1'os"w -41.
S89'58'51"E `041\
P 30.00' �0 94`p o
40.00' i J \
S89'58'51"E / \
POINT OF 82.34' \
BEGINNING
NO0'O1'09"W A=123'56'10" /
3000' / R=65.00' /
L=140.60'
//82.34'
9'58'51"W \ Ch8=N89'28'26"E ChL=114.75 2J
�107'06"
R665O0' \ � � / \
L=143.08' c, �,go
j:\((
Ch8=S89'28'26"W 6%5
ChL=115.89' 14 Co
/ L�q Tbo l
S01'04'18"E \oL' % /
T3N,N CORNER.R SEC. 6, 30.00' / if \
FOUND 2-;" ALUM CAP, °T / \ \ /
STAMPED AS SHOWN 'Si" / \ \ /
(TAN / \ \ /
tesTvinews) /I/134T /
I
re-a /
B
THIS MST DOES NOT REPRESENT J 200 0 200
A MONUMENTED LAND SURVEY. IT IS I
ONLY INTENDED TO DEPICT THE /
ATTACHED LEGAL DESCRIPTION. / ORIGINAL SCALE: 1"=200'
sHaNa BREAKNECK WELD PROPERTIES LLC
3 ler
PROPOSED KELLER ESTATES ii G3M
MICHAEL
otEaaG, TRACT A ICIRICHAM
a or a
x
1 111111 11111 111111 1111 11111 11111 1111111 111 111111 III Iii
3548325 04/17/2008 12:27P Weld County, CO
18 of 18 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
•
FIRST/ER BANK
Corporate Office
555 Eldorado Blvd.
Cr;
Broomfield,0080021 IRREVOCABLE LETTER OF CREDIT NO. 1063
303.926.9000
March 14, 2008
Louisville
980 Dillon Road Board of County Commissioners
Louisville,(0 80027 Weld County, Colorado
303-926-9000
ATTN: Clerk to the Board
Church Ranch PO Box 758
7180 W.103rd Avenue Greeley, CO 80632
Westminster,(0 80021
303-951-4225 RE: BREAKNECK WELD PROPERTIES, INC, Public Road Maintenance
Denver Tech Center
7887 E Belleview We hereby open our Irrevocable Letter of Credit in your favor for the account of
Englewood,CO 80111 Breakneck Weld Properties, Inc, 10845 W 32nd Ave, Wheat Ridge, CO 80034, for a
303-625.2300 sum not to exceed the aggregate of $77,372, seventy seven hundred, three
Country Club Village hundred and seventy two.
2921 W.120th Avenue
Westminster,(080234 Each draft so drawn must be marked "Drawn under FIRSTIER BANK, 18870 E
303-464-6600 Plaza Dr, Ste 101, Parker, CO 80134, Letter of Credit No.1063 and be
accompanied by a "signed statement from the Board of County Commissioners of
Loveland Weld County, Colorado stating the applicant has committed a material breach of
2Lo95 vin4CO8M053ainAvenue the Improvements Agreement According to Policy Regarding collateral for
loyelond,[080538
970-2784278 Improvements regarding Keller Estates Subdivision dated the 6th day of December
2007 by and between Breakneck Weld Properties, Inc and the Board of County
Parker Commissioners of the County of Weld."
18870 E.Plaza Drive
Par303-464- 62134 This credit is subject, so far as applicable, to "The Uniform Customs and Practice
.303-464-6620
for Documentary Credits, 1993 Revision, The International Chamber or Commerce
Downtown Publication No. 500."
1225 17th Street
Denver,(0 80202 We hereby agree with you that all drafts drawn under and in compliance with the
303A64-6640 terms of this credit will be duly honored and presented for payment to our main
Boulder office, FIRSTIER BANK, 555 Eldorado Blvd Suite 100, Broomfield, CO 80021. This
"Opening in September" letter of credit will expire on March 14, 2009 at 5:00 P.M.
2100 Broadway
Boulder,CO 80302 This letter of credit is automatically extended without amendment, for additional
one year periods from the current expiration or any future expiration date unless 60
days prior to such current expiration date FIRSTIER BANK notifies beneficiary in
writing that the letter of credit will not be renewed. In the case you receive such a
notification, you may draw by presentation of the following: (a) draft at sight on
FIRSTIER BANK; (b) a statement purportedly signed by an official of the Board of
County Commissioners of Weld County, Colorado stating that we have received
notice from FIRSTIER BANK the Letter of Credit No. 1063 will not be renewed and
that Breakneck Weld Properties, Inc. has failed to provide proof of adequate
collateral and substitution of this Letter or Credit No. 1063 (c) copy of letter from
FIRSTIER BANK stating non-renewal of Letter or Credit No. 1063 and the original
letter of credit.
www.FirsTierBank.com Your Tr -�
D herty
(ENDER Ma Presiders arker
Member FDIC
re,c,f,„, it.„-H, MEMORANDUM
TO: Donna Bechler, Clerk to the Board DATE: 3/20/2008
Chris Gathman, Planning Services
VI C. FROM: Richard Hastings
COLORADO Public Works Department
SUBJECT: (PF-1097) Keller Estates PUD
Acceptance of Collateral
The Public Works Department has reviewed the transportation portion for both on-site and off-site
improvements for the Exhibit A portion of the collateral agreements. We find them acceptable for
construction. All other non-transportation items should be verified by Planning Services prior to
scheduling with the BOCC.
Please find attached the three Exhibit A documents for: On-Site Improvements, Off-Site
Improvements and Combined Off-Site/On-Site Improvements
pc: Don Dunker, Public Works
Don Carroll, Public Works
C:Documents and Settingssdbechler\Local Settings Temporary Internet Files\OLK54\Keller Estates Acceptance of Collateral MEMO(3)doc
Page 1 of 1
BreakNeck Weld Properties, Inc.
Exhibit "A"
Keller Estates
PF#1097, Nine Lot Estate Zoned PUD
East&Adjacent to WCR1 and South &Adjacent to WCR38 Section Line
Intending to be legally bound,the undersigned Applicant hereby agrees to provide
throughout this Subdivision or Planned Unit Development the following improvements:
Estimated
Unit Construction
Improvements Quantity Units Costs Costs
Site Grading Strip Topsoil/Fill Dirt 2,787 CY $ 1.65 $ 6,428
Demolition&Abandonment Vader 1 EA $ 10,000 $ -
Street Grading Subgrade prep 550 LF Various $ 1,800
Street Base Asphalt 176 CY $ 12.60 $ 2,493
Street Paving Asphalt 643 SY $ 18.42 $ 12,060
Curbs,Gutters,&Culverts $ -
Diggins Easement Completed
Sidewalks $ -
Storm Sewer Facilities
Retention/Detention Ponds 5,950 SY Various $ -
Ditch Improvements-Big R MFG Completed $ -
$ -
Subsurface Drainage $ -
Sanitary Sewers $ -
Trunk&Forced Lines $ -
Water Mains 197 LF Various $ 11,539
Laterals(House Connected) $ -
On-site Sewage Facilities $ -
On-site Water Supply and Storage-Irrigation $ -
Water Mains(Includes Bore) (included above) $ -
Fire Hydrant High Pressure 0 EA $3,637.00 $ -
Survey&Street Monuments&Boxes 1 EA $ 15,000 $ 15,000
Privacy Gate 0 EA $ 15,000 $ -
Street Lighting $ -
Street Names,Slgnage,Kiosk 3 EA Materials $ 8,000 $ 15,600
3 EA. Labor $ 7,000
Fence Requirements Completed 8,000 LF $ 11.00 $ -
Landscaping 1 EA $ 9.250 $ 9,250
Park Improvements $ -
Road Culvert
Grass Lined Swale,Rock Walls
LTWD Meter Pits
Telephone $ -
Gas-Propane Tanks
School Fees 0 EA $2,092.00 $ -
Development Fees
Other Fees
Electric
Marketing Costs
Water Transfer 0 EA $8,365.00
SUBTOTAL: $ 74,169
Engineering&Supervision Costs:
Testing,inspection,as-built plans,work in addition to preliminary&final plat; $ 1,882
Supervision of actual construction by contractors $ 1,320
TOTAL ESTIMATED COST OF IMPROVEMENTS&SUPERVISION $ 77,372
9
BreakNeck Weld Properties, Inc.
Exhibit "A" _ �
Keller Estates /c/a/ 7C r
PF#1097, Wine Lot Estate Zoned PUDPr; 1141-P a l4 a'
East&Adjacent to WCR1 and South &Adjacent to WCR38 Section Line r u h/,c k'&LI
Intending to be legally bound,the undersigned Applicant hereby agrees to provide r l 'lac:-
throughout this Subdivision or Planned Unit Development the following improvements: /�({I nfe,vI a 'l a O
Estimated q y� C
Unit Construction j-)(4 rid&in r�11 i
Improvements Quantity Units Costs Costs
Site Grading Strip Topsoil/Fill Dirt 25,332 CV $ 1.65 $ 58,438
Demolition&Abandonment Vader 1 EA $ 8,000 $
Street Grading Subgrade prep 5,000 LF Various $ 6,250
Street Base Asphalt 1,600 CY $ 12.60 $ 22,660
Street Paving Asphalt 5,845 SY $ 18.42 $ 109,632
Curbs,Gutters,&Culverts $ -
Diggins Easement Completed
Sidewalks $ -
Storm Sewer Facilities
Retention/Detention Ponds 5,950 SY Various $ 53,468
Ditch Improvements-Big R MFG Completed $ •
$ -
Subsurface Drainage $ -
Sanitary Sewers $ -
Trunk&Forced Lines $ -
Water Mains 1,603 LF Various $ 104,902
Laterals(House Connected) $ -
On-site Sewage Facilities $ -
On-site Water Supply and Storage-Irrigation $ -
Water Mains(Includes Bore) (included above) $ -
Fire Hydrant High Pressure 1 EA $3,637.00 $ 3,637
Survey&Street Monuments&Boxes 1 EA $ 15,000 $ 15,000
Privacy Gate 1 EA $ 15,000 $ 15,000
Street Lighting $
Street Names,Signage,Kiosk 3 EA Materials $ 8,000 $ 15,600
3 EA. Labor $ 7,000
Fence Requirements Completed 8,000 LF $ 11.00 $ -
Landscaping 1 EA $ 8,500 $ 9,250
Park Improvements $ -
Road Culvert
Grass Lined Swale,Rock Walls
LTWD Meter Pits
Telephone $ -
Gas-Propane Tanks
School Fees 8 EA $2,092.00 $ -
Development Fees
Other Fees
Electric
Marketing Costs
Water Transfer 8 EA $8,365.00
SUBTOTAL: $ 413,837
Engineering&Supervision Costs:
Testing,inspection,as-built plans,work in addition to preliminary&final plat; $ 17,113
Supervision of actual construction by contractors $ 12,000
TOTAL ESTIMATED COST OF IMPROVEMENTS&SUPERVISION $ 442,950
9
Hello