The URL can be used to link to this page

Browse Search

Home My WebLink About20021186.tiff - `\i° m 'io' 1 V gyp W • MT"' ,rl '4 �,. its i.l',' e'.+ ' ' d r ~ »3 £ •4t::4^, ");;;. .4;';;:'4):'!;;;'.•,'..1 r i 4xr }- ' .-- '',. ;,,,;4-,,,,- :,, , -- : -,' ---',sr''t'' ,.-,, - ,tit:--4..t,-.- '+:' ,..il, • °nt i Ml l e 3 A, =i 6t e`er t. r .1 4 . , . iy{ xr c IL x y yF"� t =lip d 1� (4 '."., • z t5`k ' .frI y ,.+1 eF, w \. 'r °'., a _ „1 at,,,,, ', i li ,, [ h� 4tEe 4 , rya '• > + 'e �—`f ' '�. , . ' p pp5A i-0, ',/,;::::-.-44,,,f.,.: 3k P n �r4 t } #tr• :n �.'�` 1 S ! ::„,,,,,,,,i„ }154 31 `"A� t3f r `1:;•k."4 :1 ` e--, •' Y iPi' }Ff ix # #� �'� fit \ _ ,�{.- „ ••,,,,,,c:‘•,.f lY v: `\{' 4X% +4 t ,: [ Pi. r1` 4t� tr t 1 vti ni. 2:4.14.4 71Ep{Lx v�{ [� • • • --1 rc tr' �' 7 , ry 'v ^'fi [ v r, 'H i� +N, i r'11 .rA T�nYgr Ib24401.'-''t ..�S i4 "" > Y ^C4.1^.1.74''4`, U , ,a a +a 4irtd4J r ;F 344)4'? ",X t K �f 1 \ it ' r v',,-; (t. M'{+ 9� s 5•-Y .i •n f r 4�' .ve -, ..1r yy- .{T i`^ 1 ie r + . x�4$-S, , r� a ry,`"w� ' st� w V 3 .,:,,..1' of E :ti t- '}�P[3 :.'d # •-- i?t nTfi' • �. 4 { y, -1, GSM`' . ,t M$ . ,t . 1 1 il1,l ' Ft t Y ii•ittrriY 9 ';`,.••14-‘•{:i:';:-,';•!,;;• ( < , i i4 ,4 ; J'Yf^P �j fi�4 Y.• • • 1 a I lY •-si R $ .1� r {I4 IC' ! 31A O[pp574- \44 N Sv ;7C °�iGL 4$.w �yat J 1 �' *` ��M .3� +�''` �-i' +141 x> ,.�. Ci4 ` -;,54;:: • L'�t Kr•} • a'°+[� ,3'�fi }\ S 'v �1 .^Jf °-r O t n F " K:: , rj d t 1 {^ n}-Yr.kr" .; '# 1l t<" 4 .� v``Fr { Yh } 4 '111'''-f --,,,,a.:-,:;-4,..-.5:.4,,,,31a l i � ✓ ,y�1 v . 1 k+ I.�f _ ,yT r , 1 � � f � [a 3,'.* 4 , ) YZ . � OL I w.. r iz "rt 'fii f• Y �� 4-4,..-Di.-4,,A,1/2,,,,, '-F Y {1 ,l - -�, . I --- ..-s•4:-;:?r 'Yt}i is tjl .. . x' L T.744,-„'• D�''Cq'r' ILA ' .("n{ ,�,r,//^^ t1 wf r 1 Sus 'F T R N tS Y Ye „0,4,1,, • r i + 1 Y } p ` x ii i3 1' N • J •ai y 4e0L-h-L ) - • • a+�dmxeNa { q3�9 ,. P 'J,f b4� l.Y rat m a. J aWw�+L+.*.•P.. sgatcia ai Al'— N a. r5+'r*•6`e4ti - °_ 1 `�2„,42p^a. rf' 3w g. T f • n S, £ 'Ii 1 w t 1 1 Ili `tli J4 . `t 111 '' '. ` I i;•�. ,2h/p : a3`,:. J i,. *.r'air• "w- WI, i h' _. ._.-.�.�...«..�.....«.....«.i...1'._,..yi}... I. . L Af 1'8lT Z..,'V, Sl' .�P. '1(!• r , '.1[ ^Oillit`�.• }t{y �'$*e '" i<.: { eni+}._ tt ., I.it.S.r Imo{`3Ar M ,. .m, 4,-,..,00,,..',,,,,;,,, ,x° 1. t rt`^• ,..... ( I i� d1 A S �",�i s .w r `, ' ; . `� ^S t .%u. t {war y y �j s r h`{is.e. i �( O "3YT' • � _I t 1� •y rvl �� - M1' 61 F1f y� � f t . k . ho. a N dr �', i,„,.,,1 icy?m, #:.. r'f•! k. "}4 kX ., t ' F pf n91 r'i'r1 ,u^.r ` '1 t" ,1' 4" � yr � 4� r fi'`' t,• .Ip "' �h?-'' t '.yMy, r.p,,e !P rT <r,r' � 4 a TTT � y 4 V 1 fix,. L 4. 1 1 f i, 1 �1 8 F t^ ' e: �, } y 5 ^ F.� '' Y Wit} r ed 2 4 lr< S f X A a rm • Yf � 11 ,.anti '. xitµ's „ •'�` '•: '. t s r:. x F e :�Y .7 " s w p,\,,,, 71 'fi �' I *n �J '•f s t "J67a r''e.n { kr k, .r j_, 'i.'11a S LA. � r1 L. r, "I r74k '3. iir t f d'1t4y, j` " r.t flhA.yYA[tlKl tti' p f I S tI S .-if �a-. •-, 3 4.6 F w' bj �� 1 Syrrr,4,4,.:,.5. • I t-y. I• kt {g ...ail- , v ‘,7t-r•'.17,144:1;. ;'T . , • �i,f} I 3 4 Lv f 3. c a . '' �avi ''') A c 'g.s Ir Aunsv„ 4 i'. x t',t t tt t2..�y {Ty �,°<b r�#R`�iref '1/4'' c- �S �r.� «� � e `�rMr f,44 , p¢ � tiz nd f ix ,�,�k'' ttf ^„ I :.�) '�y_n r• . h + I Ai i' ,' ' x" t{ (� °1`14 :til , y n;fY r (a�7"• ' � �'' n!` -'711'''''" t/1.§ f 1r� (.1 t, . :-.1 ^oY i tx a sr�i y >"tir � ' r Y{ � • 'r !,°, ,41;5''''''-i'-,i•r; w L. • 'CI ry 1411-1. f ,tSti'`r`i l td4 1.to " I a. 101 ( v 1 ] i " q"< ;.r, .f' ,d, P ' w >. �. .c4 ,� k 4.� ",1-4,1/44;,,,44.,}4,41-',..,10 f 1 b !tiff; ° Tai. 1/2,....--r".) . hv;A k.•cc e i SY �?, f •4 , el.'`.1,., s v �y,,�l( 1 .ti5 L 'ilrF r�I b .�4 .n �. + .• �. MLIy. t YI. .:tom gyf.q}A I r• ffi .rtrT"<a.t7 rrn'^44,\;19.4t t X�71`, e �!✓'r,+4r M Qy� rMi1 }P ' 3 s< a $ a A k s"tifiyam r '"''..:-.''..,74V , L K k + ,, ..,..,3,;. ;': r • $ N r;r b y t I', y k FFII ��^� Design Development Consultants DEVELOPMENT SERVICES FOR THE COLORADO COMMUNITY November 2,2000 Property Owners in the MUD Petition for revised Weld County Road 9'h re-alignment and substantial change support for River Dance Development. We the undersigned support the proposed re-alignment for Weld County Road 9'h as designated on the River Dance revised site plan attached to this petition. Additionally,we support the substantial change argument in allowing the petitioner for River Dance Development to move forward with the proposed changes as presented on the attached site plan. Weld County requires that when a significant change from the original application the applicant must present the necessary proof of a"significant change"to allow the development to progress in processing with Weld County. The re-alignment is significant in impact with this respective development and the adjacent property owners of Weld County Road 9'h and the developer request your support by signing the petition below. C474,-roads /0" or' Cam;i✓o L .L.C Property Owner,N Property Owner,Name t5 es. Nh� 1N/J4 e.03-C SE.1/4 sir. 26 address,MUD property address,MUD property �n 724-ois-3 303 4Z,b-/cg- phone no. phone no. 14-43,6414n...61#4,3 .'Mal-4A Signature signfiture cl,,L317.44- a.,vrl,'ht n,tcac,...f- R 4- M IAaD Co , Saki [ . L L C. Property Owner,Name Property Owner,N / r60 AG,QC5 I N P/F N W/'y sec 25" ?/OA�itd Ng��f0 ZS a0dress,MUD property address,MUD property VO) 53S= Y3Ys S/3,s HwY46 LO TIM at't"n ?agog phone no. phone no. 97a-538-6766 Signature signature = EXHIBIT -5-yk- 2627 Redwing Road Suite 350 Fort Collins,Colorado 80525 (970)266-0585 Fax(970)282-7123 -_- •�W,et�e,ddy.pnl aaozmaowvrn -xfl•SMHVawoais wsys 1 }- - } i j.. , ,,,,,,,, %.,:.,'-4, 7•l! ,,,,,,,__: ;.,..,t 1° x n� ' V '' • ygG ', it. r t '.Y !i� i & cT • 1"w`.. Ai' ,,,,'"/"Ls,, ,, -•,. °,✓% ..'l\+ , ` °h .: S \e �` e < `� t t YW . 'xY , u 1" ;I''' \ ';'.',4'i::-=w k \--r•-3\7°.:,,.;:',.: 1 i. S 4T t d4 I ' 11,':II I let 1V o E v a f CN�&a 'i„ ' C G r. SO4, '149.{.> A" SY y` I 6 � 3 RPv '. t r3 � $ Si 'i & 1p 1 1 ry F r' 1 1 � w �' 8 t . ?_. -s4 i,,° A c a c R {5 �" , OS5 .1 ,r, v d , pool!ageV39m1aocg IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this_ day of ,20 ,by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and California Homes , Inc . , hereinafter called "Applicant." WITNESSETH: WRFREAS, Applicant is the owner of, or has a controlling interest in the following described property in the County of Weld, Colorado: See Attached Legal Description WHEREAS, a final Subdivision/Planned Unit Development (PUD) Plat of said property, to be known as Del Camino-North Ridge Bus Ihk&bUlubmittedto 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 Improvements Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the Subdivision Final Plat,Planned Unit Development Final Plat, or Site Plan, which improvements, along with a time schedule for completion, are listed in Exhibits "A" and"B" of this Agreement. NOW, PIi1;REFORE, 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, 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 J,. construction contract. Before acceptance of the roads within the Subdivision or Planned Unit Development by the County, Applicant shall furnish one set of Er reproducible "as-built" drawings and a final statement of construction cost to the County. 2.0 Rights-of-way and Easements: Before commencing the construction of any improvements herein agreed upon,Applicant shall acquire,at its own expense, good and sufficient rights- of-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be fin-nished to the County for recording. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit Development improvements listed on Exhibit'A," which is attached hereto and incorporated herein by reference, according to the construction schedule set out in Exhibit"B" also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a Subdivision or Planned Unit Development is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the Subdivision or Planned Unit Development is proposed, the requirements and • standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards,those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ,at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said Subdivision or Planned Unit Development improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit"B." The Board of County Commissioners, at its option,may grant an extension of the time of completion shown on Exhibit"B"upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits. actions or claims of Ringed 01/01 2 M�CTBCI5FORMSL.AMlBLIC 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 P-. on account of any such suit. action or claim, together with ail reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Off-Site Improvements Reimbursement Procedure: The subdivider,applicant,or ownermay be reimbursed for off-site road improvements as provided in this section when it has been determined by the Board of County Commissioners that the road facilities providing access to the Subdivision or Planned Unit Development are not adequate in structural capacity, width, or functional classification to support the traffic requirements of the uses of the Subdivision or Planned Unit Development. 5.1 The subdivider, applicant, or owner shall enter into an off-site improvements agreement prior to recording the final plat when the subdivider,applicant,or owner expects to receive reimbursement for part of the cost of the off-site improvements. 5.2 The off-site improvements agreement shall contain the following: te--\ - The legal description of the property to be served. The name of the owner(s) of the property to be served. A description of the off-site improvements to be completed by the subdivider, applicant, or owner. The total cost of the off-site improvements. The total vehicular trips to be generated at build-out by the Subdivision, Resubdivision,or Planned Unit Development,as specified by the ITE Trip Generation Manual, or by special study approved by the Board of County Commissioners. A time period for completion of the off-site improvements. The terms of reimbursement. The current address of the person to be reimbursed during the term of the agreement. Any off-site improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements. 5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement,the opportunity to obtain reimbursement under this section is forfeited. 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a Subdivision, Resubdivision, or Planned Unit Development will use a road improvement constructed under an improvements agreement, the subsequent subdivider, applicant, or owner shall reimburse the original subdivider, applicant, or owner, for a portion of the original construction cost. In no event shall the original subdivider, applicant. or owner collect an amount which exceeds the total Rewired mro, 3 MAC IINCTBPOMISAPUBUC cost of improvements less the pro rata share of the total trio impacts generated by the original development. Evidence thatthe original subdivider.applicant,or owner ^ has been reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the Department of Planning Services prior to recording the Subdivision, Resubdivision. or Planned Unit Development Final Plat. 5.5 The amount of road improvement costs to be paid by the subsequent subdivider, applicant,or owner of a Subdivision,Resubdivision,or Planned Unit Development using the road improvements constructed under a prior improvement agreement will be based upon a pro rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of nonresidential developments intended to use the road improvement. The amount of road improvement costs shall also consider inflation as measured by the changes in the Colorado Construction Cost Index used by the Colorado Division of Highways. The cost of road improvements 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-site road improvements. 5.6 The report entitled TRIP GENERATION (Third Edition. 1982) of the institute of Transportation Engineers shall normally be used for calculating a reasonable pro rata share of the road improvement construction costs for all Subdivisions,' Resubdivisions, or Planned Unit Developments. A special transportation study • shall be used for land uses not listed in the ITE Trip Generation Manual. Any question about the number of trips a Subdivision,Resubdivision, or Planned Unit Development will generate shall be decided by the County Engineer. 5.7 The term for which the subdivider,applicant,or owner is entitled to reimbursement under the off-site improvements agreement,entered into between the subdivider and the County, is ten years from the date of execution of a contract for road improvements. 5.8 This provision is not intended to create any cause of action against Weld County or its officers or employees by any subdivider,applicant,or owner for reimbursement, and in no way is Weld County to be considered a guarantor of the monies to be reimbursed by the subsequent subdividers, applicants, or owners. 6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following procedures by the Applicant,streets within a S ubdivision or Planned Unit Development may be accepted by the County as a part of the County road system and will be maintained and repaired by the County. 6.1 If desired by the County,portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit"B,"but such use and operation shall not constitute an acceptance of said portions. 6.2 County may,at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit"B,"and may continue to issue building permits so long as the process 'I Rz.ind 01101 4 .N..C II CTBPORMS APUBUIC of work on the Subdivision or Planned Unit Development improvements in that phase of the development are satisfactory to the County: and all terms of this • Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit Development and the filing of a Statement of Substantial Compliance, the applicant(s)may request in writing that the County Engineer inspect the streets and recommend that the Board of County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets,curbs and gutters, and related street improvements. Not sooner than nine months after acceptance for partial maintenance of streets, the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify the applicant(s)of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend acceptance of the streets for full maintenance. Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of streets within the development, the Board of County Commissioners shall accept said streets as public facilities and County property,and shall be responsible for the full maintenance of said streets including repair. • 7.0 General Reouirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to One- Hundred percent (100%) of the value of the improvements as shown in this Agreement. Prior to Final Plat approval, the applicant shall indicate which of the • five types of collateral preferred to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6) months of the Final Plat approval. If acceptable collateral has not been • submitted within six (6) months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards,policies and regulations. The improvements shall be completed within one(1)year after the Final Plat approval(not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement he 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 rime frames, the County,at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Final Plan or Subdivision Final Plan. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the Rented 01101 5 M:'CTBICTBFORMSLUMIBLIC 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." The costs of the improvements described in Exhibit"A"will be adjusted higher or lower for the year and quarter in which the contemplated work is being performed based on"The State Highway Bid Price Index"contained in the"Quarterly Cost Report" of The Engineering News-Record as published by The McGraw-Hill Companies. The applicant has provided cost estimates for all phases of the development which will be adjusted in accordance with The State Highway Bid Price Index at the time of posting of collateral for each phase. 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from?Federal or State licensed financial institution on a form approved by Weld County. The Letter of Credit shall state at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent to One-Hundred percent (100%) of the total value of the improvements as set forth in Section 6.0 and Exhibits "A" and"B." 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld r^ County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times, the unreleased portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent (100%) of the estimated costs of completing the uncompleted portions of the required improvements,based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final fifteen percent (15%), or one year from the date of Final Nat 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 Revived HAI 6 xrcrmcrBFORMSurueuc 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. 3.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided :hat the following are submitted: 8.2.1 In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.I.)indicating that the value of the property encumbered in its current degree of development is sufficient to cover One-Hundred percent(100%) of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. • 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County,then an appraisal is required of the property by a Member of.the Institute of Real Estate Appraisers(M.A.I.) indicating that the value of the property encumbered in its current state of development is sufficient to cover One-Hundred percent(100%)of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the amount specified in the Improvements Agreement. _ _ 8.3.2 The escrow agent guarantees that the escrowed finds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution. 8.3.4 If Weld County determines there is a default of the Improvements Agreement,the escrow agent,upon request by the County,shall release any remaining escrowed funds to the County. . 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to One-Hundred percent (100%)of the value of /er3/4" the improvements as specified in the Improvements Agreement. Revd 01/U 7 M.C T0\CTIFORMS AMILIC 8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%) of the value of the improvements. r 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado thatthe project or aportion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation(CDOT)Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 9.3 "As-built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as-built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in Sections 9.0 thru 9.5 shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of acceptance of the streets for partial maintenance by the County, the applicant(s)may request release of the collateral for the project or portion of the project by the Board. This action will be.taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral" in the amount of fifteen percent(15%)of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final acceptance by the Board of County Commissioners for full maintenance under Section 5.3 herein. 10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a rezoning, Subdivision or Planned Unit Development,requires the dedication,development and/or reservation of areas or sites other than Subdivision or Planned Unit Development Revised 01101 8 N:.Cra\CTaFORRISW1Suc streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance with one of the following alternatives, or as specified in the Planned Unit Development plan, if any: 10.1 The required acreage, as may be determined by relevant Sections of the Weld County Code,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 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 lieu of land,the County may require a payment to the County in an amount equal to the market value at the time of Final Plat submission of the required acreage as determined 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 running with the land herein described, and shall be ,^ binding upon the successors in ownership of said land. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year first above written. APPLICANT: APPLICANT: 111_LE: Subscribed and sworn to before me this day of , 20 • My Commission expires: Notary Public ne.u.e 01101 9 aI:.cracraronsisurunuc BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO M. J. Geile, Chair Glenn Vaad, Chair Pro-Tern ATTEST: William H.Jerke Weld County Clerk to the Board David E. Long BY: Deputy Clerk to the Board Robert D. Masden APPROVED AS TO FORM: County Attorney Raised MN 10 MACITC EFORMSg7CILIC The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit"B." By: Applicant Applicant Date: , 20 Title (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) • in d01/01 12 MlcrelereroRMsunnLle EXHIBIT "B" (Public) Name of Subdivision or Planned Unit Development Del Camino North Ridge Business Park,PUD r" Filing: Location: NW 1/4 of NW 1/4 Section 35,T35,R68W, +/- 30.07 Acres 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 2 Months Street Grading 2 Months Steet Base 2 Months Street Paving 2 Months Curbs, Gutters, Culverts N/A Sidewalk 2 Months Storm Sewer Facilities Retention Ponds N/A Ditch Improvements Subsurface Drainage Sanitary Sewers 3 Months Trunk and Forced Lines Mains 3 Months Laterals 2 Months On-Site Sewage Facilities N/A On-Site Water Supply and Storage N/A Water Mains (includes bore) Fire Hydrants 3 Months Survey and Street Monuments and Boxes 2 Months Street Lighting 2 Months Street Name Signs 10 Days Fencing Requirements Landscaping Park Improvements Road Culvert 2 Months Grass Lined Swale 2 Months Telephone Gas Electric Water Transfer SUBTOTAL: 10 Months 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 Applicant Date: , 90 Title (If corporation, to be signed by_President and attested to by Secretary, together with corporate seal.) _ • Pee Revised 01/01 I 4 M:ICT9KTlVORMg PUBLIC IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD NLAINTENANCE) THIS AGREEMENT,made and entered into this day of ,20_,by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and California Homes, Inc. 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: SEE ATTACHED LEGAL DESCRIPTION WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be known as Del Camino-North Ridge Business Park PUD 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, .0 Site Plan, which improvements, along with a time schedule for completion, are listed in Exhibits"A' and"B"of this Agreement. ,NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat, the parties hereto promise, covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish,at its own expense, all engineering services in connection with the design and construction of the 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, 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. 3 S 1 ." '0 t 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 Riehts-of-Wav 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 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 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. Revised 01/01/2001 M:IC IACr9PONAISAPRIVATE 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arisine from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. (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. r^ 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 Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit Development and the filing of a Statement of Substantial Compliance, the applicant(s)may request in writing that the County Engineer inspect its streets and recommend that the Board of County 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 reinspecrthe 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 of a 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. Revised 01110/2001 3 M:CT01CfBFORMSAPR1VATE 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to One- Hundred percent (100%) of the value of the improvements as shown in this Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6) months of the Final Plat approval. If acceptable collateral has not been submitted within six (6) months then the Final Plat approval and all preliminary approvals shall automatically expire. Applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one (1) year after the Final Plat approval(not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of One- Hundred percent (100%) of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames,the County, at its discretion,may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a 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 improvements as set forth in Section 6.0 and Exhibits "A" and "B." 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld • County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 4 Revisal 01/03/200IM:\CTR\CfRFORMS APRIVATS 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent (100%) of the estimated costs of completing the uncompleted portions of the required improvements,based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. - 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final fifteen percent (15%), or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event,the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.I.)indicating that the value of the property encumbered in its current degree of development is sufficient to cover One-Hundred percent(100%) of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County,then an appraisal is required of the property by a Member of the Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current state of development is sufficient to cover One-Hundred percent(100%)of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 5 Raw O1/O vZOM N:1CT0\CTOFOR MSUPR1VATL 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution. 8.3.4 If Weld County determines there is a default of the Improvements Agreement,the escrow agent,upon request by the County,shall release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to One-Hundred percent(100%)of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%) of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the projector aportion 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 (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. LL Raised 01106/2001 l) M:�CTH1CTHFORMSUFRIVATE 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 County, the applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral" in the amount of fifteen percent(15%) of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final approval by the Board of County Commissioners. 10.0 Public Sites and Open Spaces: When the Board of County Commissioners,pursuant to a rezoning, Subdivision or Planned Unit Development,requires the dedication,development and/or reservation of areas or sites other than Subdivision or Planned Unit Development streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or.schools, said actions shall be secured in accordance with one of the following alternatives,or as specified in the Planned Unit Development(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 of the required acreage as determined according to Chapter 24 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 running with the land herein described, and shall be binding upon the successors in ownership of said land. Revised 01/118/10017 MacrB\CT9roaMSAra1VAt€ IN WITNESS WHFREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. APPLICANT: APPLICANT: 111_LE: Subscribed and sworn to before me this day of ,20 . My Commission expires: Notary Public BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO r^ M. J. Geile, Chair Glenn Vaad, Chair Pro-Tern ATTEST: William H. Jerke Weld County Clerk to,the Board David E. Long BY: Deputy Clerk to the Board Robert D.Masden APPROVED AS TO FORM: County Attorney Raised simviaet $ M:\CTs\envoRMa Ira[vATt EXHIBIT "A" (private) Name of Subdivision or Planned Unit Development Del Camino North Ridge Business Park,PUD ,' Filing: Location: NW 1/4 of NW 1/4 Section 35, T35,R68W, +/- 30.07 Acres 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) Estimated Improvements Unit Cost Constructoion Cost Site Grading $ 37,600.00 Street Grading $ 3,259.00 Steet Base $ 7,074.00 Street Paving $ 44,888.00 Curbs, Gutters, Culverts $ 13,500.00 Sidewalk Storm Sewer Facilities $ 36,000.00 Retention Ponds $ 8,000.00 Ditch Improvements $ 10,000.00 Subsurface Drainage Sanitary Sewers r Trunk and Forced Lines N/A Mains Laterals On-Site Sewage Facilities N/A On-Site Water Supply and Storage N/A Water Mains (includes bore) Fire Hydrants Survey and Street Monuments and Boxes Street Lighting Stree Name Signs Fencing Requirements Landscaping $ 58,600.00 Park Improvements Road Culvert $ 14,400.00 Grass Lined Swale $ 8,000.00 Telephone Gas Electric Water Transfer SUBTOTAL: $ 241,321.00 Engineering and Supervision Costs: $ 68,000.00 (Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 309,321.00 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit "B." ore By: Applicant Applicant Date: , 20 Title (If corporation,to be signed by President and attested to by Secretary, together with corporate seal.) • Mbid 0110V20011O M:C %CTBPOBMSAPBIVATE EXHIBIT "B" (Private) Name of Subdivision or Planned Unit Development Del Camino North Ridge Business Park,PUD r- Filing: Location: NW 1/4 of NW 1/4 Section 35,T35, R68W, +/-30.07 Acres 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 2 Months Street Grading 2 Months Steet Base 2 Months Street Paving 2 Months Curbs, Gutters, Culverts 2 Months Sidewalk Storm Sewer Facilities Retention Ponds N/A 1 Ditch Improvements Subsurface Drainage Sanitary Sewers Trunk and Forced Lines Mains Laterals On-Site Sewage Facilities N/A On-Site Water Supply and Storage N/A Water Mains (includes bore) Fire Hydrants Survey and Street Monuments and Boxes Street Lighting Street Name Signs Fencing Requirements Landscaping 3 Months Park Improvements Road Culvert 2 Months Grass Lined Swale 2 Months Telephone Gas Electric Water Transfer SUBTOTAL: 10 Months 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. P"" By: Applicant Applicant Date: , 20 Title (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) • a..+ud oiroeaoo1 l2 n:CahczsFORMsur 1VATt r• 46 C ' DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100, EXT.3540 FAX (970)304-6498 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO February 22, 2001 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: Z-548 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, March 20, 2001, at 1:30 p.m., in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado concerning the request of: NAME: Califomia Home, Inc. FOR: Change of Zone from Agricultural to PUD for a proposed 18-lot business park PUD. LEGAL DESCRIPTION: Part of the NW4 of Section 35,Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to WCR 28, East of and adjacent to 1-25 frontage road. Your property is within five-hundred (500)feet of the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Chris Gathman, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. For your convenience,the Department of Planning Services has instituted a Planning Commission Agenda Phone Line. In some circumstances cases need to be continued to a later date. To ensure that this case is being heard, you may call 970-304-6499, up to the day of the scheduled hearing for this information. 1 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNERS Z-548, California Home, Inc. Thayer Family Partnership Lloyd StCroix 3013 Meadowlark Ave Ft. Collins, CO 80526 William Lee Gallatin &> Jessie 4434 E. County Rd 40 Ft. Collins, CO 80525 Abram &Aleen Elliott PO Box 26 Timnath, CO 80547 August Severin and Ann Mary 4532 E. County Rd 40 Ft. Collins, CO 80525 Western Mobile Northern PO Box 21588 Denver, CO 80221 Michael Levitt T 4604 E. County Rd 40 Ft. Collins, CO 80525 Douglas & Marian Hall 4624 E County Rd 40 Ft. Collins, CO 80525 Anthony Lauby & Rita Glaser 4716 E. County Rd 40 • Ft. Collins, CO 80525 Viola Vermilyea 1512 E, Lake St Ft. Collins, CO 80524 Cottonwood Farms &Western Mobile PO Box 21588 Denver, CO 80221 Harold & Ruth Schmidt 4621 E County Rd 40 Ft. Collins, CO 80525 Robert & Gail Yant li 4951 E. County Rd 40 Ft. Collins, CO 80525 Jack &Carol Ann Salisbury 4701 E. County Rd 40 Ft. Collins, CO 80525 Dale Allen Lynch &Jacqueline Trench 4709 E. County Rd 40 Ft. Collins, CO 80525 Rademacher Farms Ltd. Liability CO. 13184 WCR 13 Longmont, CO 80504 Dlen Douthit 4886 SH 66 Longmont, CO 80504 First Nat'l Bank of Longmont 3528 County Rd 28 Longmont, CO 80504 Dale Conrad 8, Martha Ann Hopp 875 W. 64`h St Denver, CO 80221 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number Z-548 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 22th day of February, 2001. k-e // SCA" )_ Trisha Swanson AFFIDAVIT OF INTERESTED LAND OWNERS http://maps.merrick.com/website/weld/set...0052,120734000027,120735200054,&Par2=50' AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 120735200053 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. .41.Th cjittax.,_ Signature c /I7/Ol Date Prooert Owners Within 500 ft. of Parcel# 120735200053 [NAME f MAILING ADDRESS I PARCEL IDENTIFICATION# ANDERSON EDWIN A 1/3 INT 3528 COUNTY RD 28 120727000044 _ LONGMONT,CO 80504-9507 i 2290 NORWOOD DEL CAMINO LLC 120726000004 BOULDER,CO 80304 da FIRST NATIONAL BANK OF FOR SUSAN L. ADRIAN LONGMONT TRUSTEES 401 MAIN ST 120735200054 LONGMONT,CO 80501 / FIRST NATL BANK OF TRUSTEE-2/3 INT& LONGMONT 3528 WCR 28 120734000027 LONGMONT,CO 80504 MARTINEZ MACLOVIO & 12632 EAST FRONTAGE ROAD FRANCISCO &FERNANDO 120735200055 LONGMONT,CO 80501 PO BOX 20107 NEUMAN ERIC 120735200052 CHEYENNE,WY 82003 1 of 1 02/27/2001 10:16 A AFFIDAVIT OF INTERESTED LAND OWNERS http://maps.merrick.com/website/weld/set...0053,120734000027,120735200054,&Par2=500 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 120735200054 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. eich.jr Signature aia.-7/01 Date ProDert Owners Within 500 ft. of Parcel# 120735200054 NAME MAILING ADDRESS I PARCEL IDENTIFICATION# P O BOX 717 CALIFORNIA HOMES INC 120735200053 ✓ _ LONGMONT,CO 80502 /FllsTNAuBANx OF TRUSTEE-2/3 INT & 3528 WCR 28 120734000027 LONGMONT LONGMONT,CO 80504 12632 EAST FRONTAGE ROAD MARTiNEZ MACLOVIO & 120735200055 FRANCISCO &FERNANDO LONGMONT,CO 80501 • 1 of 1 02/27/2001 10:46 Alt SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNERS Z-548, California Home, Inc. Edwin Anderson 3528 WCR 28 Longmont, CO 80504-9507 Del Camino LLC 2290 Norwood Boulder, CO 80304 First National Bank of Longmont Trustees Attn: Susan Adrian 401 Main St Longmont, CO 80504 Maclovio, Francisco, & Fernando Martinez 12632 E. Frontage Rd Longmont, CO 80501 Eric Neuman PO Box 20107 Cheyenne, WY 82003 Ea` CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number Z-548 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 271h day of February, 2001. Trisha Swanson r Hello