HomeMy WebLinkAbout20072785.tiff RESOLUTION
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#1582-
CITY OF AURORA/PRAIRIE WATERS PROJECT, CIO MARK PIFHER
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 December 19,2006,the Weld County Planning Commission approved Use
by Special Review #1582, for the City of Aurora/Prairie Waters Project, do Mark Pifher, 15151
Ease Alameda Parkway, Suite 3600,Aurora, Colorado 80012,for a Major Facility of a Public Utility
(Water Resource Project-acquifer, recharge and recovery) in the A(Agricultural Zone District on
the following described real estate, to-wit:
N1/2 SW1/4; S1/2 SW1/4; part of the SE1/4 of
Section 13; Lot B of Recorded Exemption #1231;
being part of the N1/2 NW1/4; Lot A of Recorded
Exemption#1231, being part of the NW1/4 1/4 of Section
24, all in Township 1 North, Range 67 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(Private
Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and the City of Aurora/Prairie Waters Project, c/o Mark
Pifher, with terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with a Letter of Guarantee from the City of
Aurora, 15151 East Alameda Parkway, Suite 3600, Aurora, Colorado 80012, in the amount of
$4,239,260.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Letter of Guarantee 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 the City of Aurora/Prairie Waters
Project, c/o Mark Pifher, be, and hereby is, approved.
2007-2785
IMPROVEMENTS AGREEMENT - CITY OF AURORA/PRARIE WATERS PROJECT, C/O
MARK PIFHER
PAGE 2
BE IT FURTHER RESOLVED that a Letter of Guarantee by the City of Aurora, 15151 East
Alameda Parkway, Suite 3600, Aurora, Colorado 80012, in the amount of$4,239,260.00, be and
hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 29th day of August, A.D., 2007.
14 EL A BOARD OF COUNTY COMMISSIONERS
`WELD COUNTY, COLORADO
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7 I t dvVpi..
ATTEST: MO �' '�i f ,L : �' CUSED
avid E. Long, Chair
Weld County Clerk to the
Pot
����►� William H. Jerke, o-Tem
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BY Ct'n & G'
D uty C k to the Boar' 1/ !///
Wflliam F. Garcia
APP A RM: EXCUSED /
Robert D. Masden
oun ttorney .-_40\y, ,, �„-,p ��—
uglas ademache
Date of signature: 9/1°101
2007-2785
PL1925
MEMORANDUM
WI TO: Board of County Commissioners August 17, 2007
COLORADO FROM: Jacqueline Hatch
SUBJECT: USR-1582, City of Aurora
The Department of Planning Services has received a Letter of Guarantee by the City of Aurora
for USR-1582 (City of Aurora).
The collateral is in the amount of four million two hundred and thirty nine thousand and two
hundred and sixty dollars ($4,239,260.00).
After review of the collateral by the Department of Planning Services and the Department of
Public Works, it has been determined that the amount of the agreement will be sufficient to
complete the work required for USR-1582, and the Department of Planning Services
recommends acceptance of this collateral.
2007-2785
3j IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)THIS AGREEMENT,made and entered into this er day of_ '" 1 , 20u I_,by and between
the County of W eld,State of Colorado,acting though its Board of County C ommissioners,hereinafter c ailed"County,"
and City of Aurora 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:
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 13,TOWNSHIP 1 NORTH,RANGE 67 WEST OF 747E 6TH P.M.COUNTY
OF WELD,STATE OF COLORADO.LOT'S A AND B OF RECORDED EXEMPTION NO. 1469-24-2-RE 1231,RECORDED JUNE 4,1990 IN BOO.
1266 AT RECEPTION NO.2215849,BEING A PART OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 24,TOWNSHIP I
NORTH,RANGE.67 WEST OF THE 6174 P.M.,COUNTY OF WELD,STATE OF COLORADO.'IHIE SOUTHEAST QUARTER OF SECTION 13,
TOWNSHIP 1 NORTH,RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,BEING MOR
PARTICULARLY DESCRIBED AS FOLLOWS:BEGINNING AT THE SOUTHEAST CORNER OF THE.SOUTHEAST QUARTER OF SAID
SECTION 13;THENCH NORTH 90°00'01"WEST ALONG THE SOUTH LINE OE SAID SOUTHEAST QUARTER A DISTANCE OF 2629.95 FEET
TO THE SOUTF WEST CORNER OF SAID SOUTHEAST HEAS'T QUARTER;THENCE NORTH 00°03'15"WEST ALONG THE WEST LINE OF SAID
SOUTHEAST QUARTER A DISTANCE OF 2641.83 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER;THENCE NORT
89°53'37"EAST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 2626.74 FEET TO THE NORTHEAST CORNE
OF SAID SOUTHEAST QUAR'T'ER;THENCE SOUTH 00°07'25"EAST ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER A DISTANC
OF 2646.71 FEET TO THE POINT OF BEGINNING;COUNTY OF WELD,STATE OF COLORADO.)(Text Box comment blank)(Text Box comment
THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 13,TOWNSHIP 1 NORTH,RANGE 67 WEST OF'IT lE 6TH P.M.,)County o
Weld,Colorado:
WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property,to be known as
Prairie Waters Project ARR-A USR1582 hasbeen 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 Exhibits "A" and "B"of this Agreement.
NOW,THEREFORE,IN N CONSIDERATION OF the foregoing and of the acceptance and approval of said
Final Nat,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 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 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.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit
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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 strict conformance to the plans and drawings approved by the County and
the specifications adopted by the County for such public improvements. Whenever a Subdivision or
Planned Unit Development is proposed within three miles of an incorporated community located in
Weld County or located in any adjacent county, the Applicant shall be required to install
improvements in accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated community has not
adopted such requirements and standards at the time the Subdivision or Planned Unit Development
is proposed, the requirements and standards of the County shall be adhered to. If both the
incorporated community and the County have requirements and standards, those requirements and
standards that are more restrictive shall apply.
3.2 Applicant shall employ,at its own expense,a qualified testing company previously approved by the
County to perform all testing of materials or construction that is required by the C ounty; 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: To the extent permitted by law, applicant shall indemnify and hold harmless the County
from any and all liability loss and damage County may suffer as a result of all suits,actions or claims of every nature
and description caused by,arising from,or on account of said design and construction of improvements,and pay any
and all judgments rendered againstthe County on accountof any such suit,action or claim,together with all reasonable
expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss
or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or
otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of
the County or its employees while acting within the scope of their employment to the extent permitted by
law. 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 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
approval of said portions.
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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 o f work on the Subdivision or Planned Unit
Development improvements in that phase of the development is satisfactory to the C ounty; and all
terms of this Agreement have been faithfully 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 that the 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 or she shall recommend full approval. Upon a receipt ofa positive
unqualified recommendation from the County Engineer for approval of streets within the development,
the Board of County 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(1)year after the FinalPlat approval(not one year
after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be
renewed at least thirty(30) days prior to its expiration and further provides that cost estimates for
the remaining improvements are updated and collateral is provided in the amount of One-Hundred
percent(100%)of the value of the improvements remaining to be completed. If improvements are not
completed and the agreement not renewed within these time frames,the County,at its discretion,may
make demand on all or a portion o f the collateral and take steps to see that the improvements are made.
7.2 The applicant may choose to provide fora phased development by means of designating 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 collateral which will prohibit the conveyance
of the property or the issuance of building permits until collateral is provided or until improvements
are in place and approved pursuant to the requirements for a Request for Release of Collateral.
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 improvem ents as set forth in Section 6.0 and Exhibits "A" and "B."
8.1.2 The Letterof Credit shallprovide for paymentupon demand to Weld County if the developer
has not performed the obligations specified in the Improvements Agreement and the issuer
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has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this
policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that,at all times the unreleased portion of
the Letter of Credit shall be equal to a minimum of One-Hundred percent (100%) of the
estimated costs of completing the uncompleted portions of the required improvements,based
on inspections of the development by the issuer. In no case shall disbursement for a general
improvement item exceed the cost estimate in the Improvements Agreement (i.e., streets,
sewers,water mains and landscaping,etc.). The issuer of the Letter of Credit will sign the
Improvements Agreement acknowledging the agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit
amount cannot be drawn upon and will remain available to Weld County until released by
Weld County.
8.1.6 The Letter of Credit shall specify thatthe date of proposed expiration of the Letter of Credit
shall be either the date of release by Weld County of the final Fifteen percent(15%),or one
year from the date of Final Plat approval,whichever occurs first. Said letter shall stipulate
that, in any event, the Letter of Credit shall remain in full force and effect until after the
Board has received sixty(60) days written notice from the issuer of the Letter of Credit of
the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board
of County Commissioners.
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%)of the amount specified
in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as
specified in the agreement and for no other purpose and w ill not release any portion of such
funds without prior approval of the Weld County Board of Commissioners.
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8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution.
8.3.4 If Weld County determines them is a default of the Improvements Agreement, the escrow
agent,upon req uest by the County,shall release any remaining escrowed funds to the C ounty.
8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an
amount equivalent to One-Hundred percent(100%)of the value of the improvements as specified in
the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of the value of the
improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the
project by We Id County,the Applicant must present a Statement of Substantial Compliance from an Engineer
registered in Colorado that the project ora 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 Schedule for minimum materials sampling, testing and inspections found in the
Colorado Department of Transportation(CD OT)Materials Manual.
9.3 "As built"plans shall be submitted at the time the letter requesting release of collateral is submitted.
The Engineer shall certify that the project"as-built" is in substantial compliance with the plans and
specifications as approved, or that any material deviations have received prior approval from the
County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of
acceptance of maintenance and responsibility by the appropriate utility company, special district or
town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place
in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and
state the results of fire flow tests.
9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction plans.
9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval
of the streets by the C ounty, 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 governmental 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
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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 school district,for one of the above purposes. Any
area so dedicated shall be maintained by the County or school district.
10.2 The required acreage as determined according to 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 Planned Unit Development.
10.3 In lieu of land, the County may require a payment to the County in an amount equal to the market
value at the time of Final Plat submission 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 B oard 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,perso nal representatives,
successors and assigns of the Applicant,and upon recording by the County,shall be deemed a covenant running
with the land herein described, and shall be binding upon the successors in ownership of said land.
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IN WITNESS WHEREOF,the parties hereto have caused this Agreementto be executed on the day and year
first above written.
APPLICANT:_ C.'. )
APPLICANT: e-7h: _a 1 =Ey
^TITLE: D I a C7D,2r At(,co,c4 G.1/r
it
Subscribed and sworn to before me this=22_day of ;'6f5 7 , 20 0:17•My Commission expires: r— .�lul�r�. .���\\\\0P'WHIrea'i,,
My Commission Expires Notary Public C OTAl2
Juno Os Nun = r y `• _
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ATTEST: Ii EL OAR OF COUNTY COMMISSIONERS
' ';� _ 4 \`c, LD_COUNTY, COLORADO
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Weld County Clerk to the Board �".�
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APPROVED AS TO FORM: ttorney
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61002- a7cPs
EXHIBIT "A"
Name of Subdivision
or Planned Unit Development Prairie Waters Project
Filing: N/A
Location: North and south of County Road 8 and east of and adjacent to County Road 23
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 Estimated Construction
Costs Cost
Site grading 50 AC 30,000 1,500,000
Street grading LF
Street base CY
Street paving
Curbs, gutters, and culverts
Sidewalk ----
Storm sewer facilities
Retention ponds ----
Ditch Improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines ----
Mains
Laterals (house connected) ----
On-site sewage facilities
On-site water supply and storage
Water Mains (includes bore) ----
Fire hydrants ----
Survey and street monuments and boxes
Street lighting
Street Names
Fencing requirements 21,000 LF 8.5 180,000
Landscaping 1 LS 1,873,872 1,873,872
Park improvements
Road culvert
Grass lined swale 15,000 LF 20 300,000
Telephone
Gas
Electric
Water transfer
SUB-TOTAL: 3,853,8/2
Engineering and Supervision Costs $385,387
(Testing,inspection,as-built plans and work in additionto preliminary and finalplat;supervision of actual construction
by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $4,239,260
The above improvements shall be constructed in accordance with all County requirements and specifications, and
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conformance with this provision shall be determined solely by Weld County, or its duly authorized agent.
Said improvements sh e completed ccording to the construction schedule set out in Exhibit"B."
By: Cti
Applic t
e-re` T
Applicant
L(� t? T
�l✓' To=� j7P�E�j�J�4 Z
Ec- W�E� Date: ,;2 , ��� �i�'�l Jf
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
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EXHIBIT "B"
Name of Subdivision
or Planned Unit Development Prairie Waters Project
Filing N/A
Location: North and south of County Road 8 and east of and adjacent to County Road 23
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___2 ___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 May 2009
Street base ----
Street paving ----
Curbs,gutters, and culverts ---
Sidewalk
Storm sewer facilities ----
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers ----
Trunk and forced lines
Mains ---
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water mains
Fire hydrants
Survey and street monuments and boxes
Street lighting ----
Street name signs ----
Fencing requirements August 2009
Landscaping September 2011
Park improvements
Road culvert
Grass lined swale May 2009
Telephone
Gas
Electric
Water Transfer
SUB-TO TAL:
111111111111111111 III 111111 1111111 111111 III 111111 III 1111
3505334 09/19/2007 03:15P Weld County, CO
10 of 11 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:
Applicant
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Applicant
Pc rErc` . Tom.,.,~;E�
/Cr"CTG /¢64/LG/LA /.,,'9TEe Date: t% 'L(yid1/, 204O 7-.
Title
(If corporation, to be signed by President and attested to by Secretary,together with corporate seal.)
MID 11111 111111III 111111111111111111 III 111111 III IIII
3505334 09/19/2007 03:15P Weld County, CO
11 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
City of Aurora ,f) A O AURORA WATER
Water Department �
Administration L I X4 .1
15151 E.Alameda Parkway,Suite 3600 1� —'—'"
Aurora,Colorado 80012
Phone:303-739-7370
Fax:303-739-7491
www.aurorawater.org
LETTER OF GUARANTEE BY THE CITY OF AURORA FOR PRIVATE ROAD
MAINTENANCE IMPROVEMENTS IN WELD COUNTY
WHEREAS, Aurora is a home rule municipal corporation and a political subdivision of
the Counties of Adams, Arapahoe, and Douglas, State of Colorado,acting by and through
its utility enterprise; and
WHEREAS, Aurora intends to develop improvements in Weld County as described in
Exhibit A and Exhibit B of Attachment 1(hereinafter called the "Property"), and
WHEREAS, Aurora has submitted a final subdivision/planned unit development plat of
said property to Weld County.
NOW THEREFORE, Aurora guarantees to Weld County that it shall cause the
completion of the improvements described in Attachment 1 and shall maintain
performance and payment bonds for the total cost of such improvements to be
completed.
�
This guarani ' executed this 2 day off 4'07
By: ✓
Pe r Bin Bin ne
Title: Director of Aurora Water
Approved
/as to form:
(J
Christine McKenney, Assistant-ity Attorney
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DEPARTMENT OF PLANNING SERVICES
Wi�DC SOUTH 42 OFFICE
09 CR 24.5
COLORADO LONGMONT, CO 80504
PHONE: (720)652-4210, Ext. 8730
FAX: (720) 652-4211
Application being sumbitted: r ' ° '
Submittal fee: Check# Cash
Name of person submitting:
Contact name(if different from above):
Telephone number: . , - E-mail: r
The Department of Planning Services is accepting the paperwork for this Land Use Application with
the understanding that the application has not been determined to be a complete application with
all of the appropriate documents and exhibits.
The Department of Planning Services will determine prior to the end of the next business day
whether the submitted documents are in compliance with the Weld County Code,and as such,shall
be deemed a complete application.
The Department of Planning Services shall also determine prior to the end of the next business day
whether the submitted fees are appropriate for the requested application. Should there be a
discrepancy with the application,the Department will contact the applicant/applicant's representative
via telephone.
Land use cases will not be set up or processed until the requested application materials have been
submitted and the appropriate fees paid.
Thank you for your assistance and cooperation.
I understand and agree to the conditions stated herein:
Signature
Signature of staff member received from: #: N ,/t ,>_. t,tT Date: �� ��
Weld County Planning Department
GREEIFY OFFICE
rice ‘H-41.% MEMORANDUM 54.4Y 2
REC!VED
TO: Jacqueline Hatch, Planning Services DATE: May 21, 2007
FROM: Donald Carroll, Engineering Administrator 000
SUBJECT: USR-1582, Aurora Water
COLORADO
The Weld County Public Works Department has reviewed the Exhibit A portion of the Improvements
Agreement According to Policy Regarding Collateral for Improvements (private road maintenance). For the
transportation portion, the site grading and grass line swale look adequate to complete the project.
The Exhibit B portion, which is the time line, is projecting out to May 2009 through 2011. The Improvements
Agreement needs to be signed and dated prior to scheduling.
All other non-transportation items should verified by Planning Services prior to scheduling.
pc: USR-1582
M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1582-AuroraWater.DOC
Page 1 of 1
Jacqueline Hatch
From: Bruce Barker
Sent: Wednesday, May 16, 2007 8:20 AM
To: Jacqueline Hatch
Subject: Aurora Collateral
OK for the collateral to come from the contractor directly to the County in this case only, because the applicant is the City of
Aurora. Bruce.
05/16/2007
Hello