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Home My WebLink About20052038.tiff RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS(PUBLIC ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN,ACCEPT COLLATERAL AND SUBORDINATION AGREEMENT FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF#594 -TODD MUCKLER, DEBRA EBERL-MUCKLER, AND ELI KREBS 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 September 8,2005,the Board of County Commissioners approved Planned Unit Development Final Plan,PF#594,for Todd Muckier, Debra Eberl-Muckler,and Eli Krebs,7288 Weld County Road 54, Johnstown, Colorado 80534, for seven (7) lots with E (Estate)Zone uses and three (3) non-residential outlots on the following described real estate, to-wit: Lots A and B of Recorded Exemption #2695; being part of the W1/2 of Section 29, Township 5 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 (Public Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Todd Muckier, Debra Eberl-Muckler, and Eli Krebs, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with a Deed of Trust for Lot 1, Lakota Lakes Ranch PUD, dated June 13, 2005, and a Subordination Agreement among Weld County, the applicants listed above, and Community Banks of Colorado, in the amount of$80,000.00, and WHEREAS, after review, the Board deems it advisable to approve said Improvements Agreement and Subordination Agreement, and accept said Deed of Trust for Lot 1, Lakota Lakes Ranch PUD 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 AgreementAccording to Policy Regarding Collateral for Improvements(Public Road Maintenance)between the County of Weld, State of Colorado,by and through the Board of County Commissioners of Weld County, and Todd Muckier, Debra Eberl-Muckler, and Eli Krebs, be, and hereby is, approved. BE IT FURTHER RESOLVED that the Deed of Trust for Lot 1, Lakota Lakes Ranch PUD, dated June 13,2005,and the Subordination Agreement among Weld County,the applicants listed above, and Community Banks of Colorado, in the amount of $80,000.00, be and hereby are, accepted. 2005-2038 PL1677 �c Pi1P/) , moot_ IMPROVEMENTS AGREEMENT- TODD MUCKLER, DEBRA EBERL-MUCKLER, AND ELI KREBS PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 18th day of July, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • EXCUSED t ISMf1/4 William H. J e, Chair ; �' '• TiyT� Jerk to the Board _` ,1® o T M. J. eile,P� em ♦ l puty a- to the Board EXCUSED Da • E. Long i RO D AS T k\.\\\\ t� Rob rt D. Masd ounty Attor Glenn Vaad Date of signature: _ � 2005-2038 PL1677 �� MEMORANDUM TO: Board of County Commissioners ? r COLORADO DATE: June 8, 2005 FROM: Sheri Lockman, Planner II SUBJECT: Acceptance of Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance) Lakota Lakes Ranch PUD Case Number PF-594 Todd Muckier, Debra Eberl & Eli Krebs The Departments of Planning Services and Public Works have reviewed the Improvements Agreements for Lakota Lakes Ranch PUD. Items covered under the Improvements Agreements include: Street paving and subgrade preparation $ 87,491.25. Fire hydrant $ 3,500.00 Water tap $ 2,000.00 Total Estimated Cost of Improvements $ 92,991.25 The Department of Public Works and the Department of Planning Services, have determined that the amount of the agreements will be sufficient to complete the work required for Lakota Lakes Ranch PUD. The Department of Planning Services recommends acceptance of the Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance). 2005-2038 Forest Floor Page 1 of 1 Sheri Lockman From: Peter Schei Sent: Friday, July 08, 2005 7:43 AM To: Sheri Lockman Cc: Elizabeth Kidner Subject: PF-0594 Lakota Lakes Ranch PUD Good Morning, Sheri: Public Works has reviewed the on-site improvements agreement and finds it acceptable. It may be scheduled with the BOCC at the appropriate time. Have a nice weekend, Peter. Peter SCHEE,P .,N.S.P.E. Public Works Department Weld County 1111-H Street Greeley,CO 80632 psehei(aco.x'eld.co.arc "Making the County a better place to do business" "Making the County a better place to live" 07/08/2005 hjIMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this)7 Jay of t 2005,by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, inafter called "County," and Todd Muckier,Deborah Eberl and Eli Kerbs hereinafter called"Applicant." WITNESSETH: WHEREAS,Applicant is the owner of,or has a controlling interest in the following described property in the County of Weld,Colorado: LOT A AND B OF RE-2695 BEING PART OF THE W/2 OF SECTION 29,T5N,R67W OF THE 6"t P.M., WELD COUNTY,COLORADO WHEREAS,a final Subdivision/Planned Unit Development(PUD)Plat of said property,to be known as Lakota Lakes Ranch PUD has been submitted to the County for approval;and WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Nat,Planned Unit Development Final 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,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. 1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit Development to the County for approval prior to the letting of any construction contract.Before acceptance of the roads within the Subdivision or Planned Unit Development by the County, Applicant shall furnish one set of reproducible"as-built"drawings and a final statement of construction cost to the County. 2.0 Rights-of-way and Easements:Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire,at its own expense,good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements.All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 111111 11111 11111 1111 1111111111111 11111 111 11111 1111 I1ll 3308596 08/02/2005 02:28P Weld County, CO 1 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder &rrs- <.;7(sd 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 roof 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 P ed 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 every nature and description caused by,arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit,action or claim,together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers,agents,employees,or otherwise except for the liability loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment.All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage,and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Of Site Improvements Reimbursement Procedure:The subdivider,applicant,or owner may be reimbursed for off-site road improvements as provided in this section when it has been determined by the Board of County Commissioners that the road facilities providing access to the Subdivision or Planned Unit Development are not adequate in structural capacity,width,or functional classification to support the traffic requirements of the uses of the Subdivision or Planned Unit Development. 5.1 The subdivider,applicant,or owner shall enter into an off-site improvements agreement prior to recording the final plat when the subdivider,applicant,or owner expects to receive reimbursement for part of the cost of the off-site improvements. 5.2 The off-site improvements agreement shall contain the following: 111111 11111 11111 IIII 111111 HIV 11111 III 11111 IIII IIII 3308596 08/02/2005 02:28P Weld County, CO 2 of 11 R 0.00 0 0.00 Steve Moreno Clerk& Recorder The legal description of the property to be served. The name of the owner(s)of the property to be served. A description of the off-site improvements to be completed by the subdivider,applicant,or owner. The total cost of the off-site improvements. The total vehicular trips to be generated at build-out by the Subdivision,Resubdivision,or Planned Unit Development as specified by the ITE Trip Generation Manual,or by special study approved by the Board of County Commissioners. - A time period for completion of the off-site improvements. - The terms of reimbursement. The current address of the person to be reimbursed during the term of the agreement. Any off-site improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements. 5.3 If the subdivider,applicant,or owner fails to comply with the improvements agreement,the opportunity to obtain reimbursement under this section is forfeited. 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a Subdivision,Resubdivision,or Planned Unit Development will use a road improvement constructed under an improvements agreement, the subsequent subdivider,applicant, or owner shall reimburse the original subdivider; applicant, or owner, for a portion of the original construction cost. In no event shall the original subdivider, applicant, or owner collect an amount which exceeds the total cost of improvements less the pro rata share of the total trip impacts generated by the original development.Evidence that the original subdivider,applicant,or owner has 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 am 13 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 cc improvement costs shall also consider inflation as measured by the changes in the Colorado sm o etl 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 =a 5 further road improvements which benefit the prior subdivider, applicant, or owner's property. This o 2 decision shall be at the sole discretion of the Board of County Commissioners based upon the need o cu for further otT-site road improvements. ? `o _ 03 5.6 The report entitled TRIP GENERATION (Third Edition, 1982) of the institute of Transportation —a y 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 LID Generation Manual. Any question about the number of trips a Subdivision, Resubdivision, or o Planned Unit Development will generate shall be decided by the County Engineer. =-NO 0 5.7 The term for which the subdivider, applicant,or owner is entitled to reimbursement under the off- co o cc site improvements agreement,entered into between the subdivider and the County,is ten years from T co r the date of execution of a contract for road improvements. a0 0 -0,o, 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 to be considered a guarantor of the monies to be reimbursed by the subsequent subdividers,applicants,or owners. 6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following procedures by the Applicant, streets within a Subdivision or Planned Unit Development may be accepted by the County as a part of the County road system and will be maintained and repaired by the County. 6.1 If desired by the County,portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit "B," but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit "B," and may continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit Development improvements in that phase of the development are satisfactory to the County;and all terms of this Agreement have been faithfully kept by Applicant. 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. '.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 113 in it 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 n cc final approval by the Board of County Commissioners and the execution of this Agreement Acceptable v Y collateral shall be submitted and the plat recorded within six (6) months of the Final Plat approval. If d acceptable collateral has not been submitted within six (6) months then the Final Plat approval and all g ca preliminary approvals shall automatically expire. An applicant may request that the County extend the Final arm 2 Plat approval provided the cost estimates are updated and the development plans are revised to comply with —"� `o all current County standards, policies and regulations. The improvements must be completed within one (I) year after the Final Plat approval (not one war after acceptable collateral is submitted) unless the m applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and acid further provides that the cost estimates for the remaining improvements are updated and collateral is - e 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 ac County,at its discretion,may make demand on all or a portion of the collateral and take steps to see that the —N improvements are made. — _ NO O c7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned am co.— Unit Development Final Plan or Subdivision Final Plan. The applicant would need only to provide collateral T for the improvements in each filing as approved. The County will place restrictions on those portions of the no M O property that are not covered by collateral which will prohibit the conveyance of the property or the issuance —r")et 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 tile "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 County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County.The Letter of Credit shall state at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent to One-'Hundred percent(100%)of the total value of the improvements as set forth in Section 6.0 and Exhibits"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 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.ase c 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be o i_ tr either the date of release by Weld County of the final fifteen percent(15%), or one year from the p 7 date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event,the —n Letter of Credit shall remain in full force and effect until after the Board has received sixty ( 60) cadays written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall vd be sent by certified mail to the Clerk to the Board of County Commissioners. Mal m 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioner y provided that the following are submitted:an a —n5 N o 8.2.1 In the event property within the proposed development is used as collateral,an appraisal is required arraC o of the property in the proposed development by a disinterested Member of the American Institute of in o Real Estate Appraisers(M.A.I.)indicating that the value of the property encumbered in its current ---$C degree of development is sufficient to cover One-Hundred percent (100%) of the cost of the o improvements as set forth in the Improvements Agreement plus all costs of sale of the property. MNan ho o CC8.2.2 In the event property other than the property to be developed has been accepted as collateral by Namo Weld County, then an appraisal is required of the property by a Member of the Institute of Real w o Estate Appraisers(M.A.I.)indicating that the value of the property encumbered in its current stat of gdevelopment is sufficient to cover One-Hundred percent(100%)of the cost of the improvements as la 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 agreement 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 O e-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 the State of Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT)Schedule for minimum materials sampling,testing and inspections found in CDOT Materials Manual. 9.3 "As-built" plans shall be submitted at the time the letter requesting release of collateral is submitted, The Engineer shall certify that the project"as-built" is in substantial compliance with the plans and specifications as approved,or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied,if 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 tire 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 Ire flow tests. 9.6 The requirements in Sections 9.0 thin 9.5 shall be noted on the final construction plans. 1 111111 11111 11111 Ell 111111 111 1111 11111 1111111/ Eli 1111 3308596 08/02/2005 02:28P Weld County, CO 6 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of acceptance of the 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%) f 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. 1 0.0 Public Sites and Open Spaces:When the Board of County Commissioners,pursuant to a rezoning,Subdivision or Planned Unit Development,requires the dedication,development and/or reservation of areas or sites other than Subdivision or Planned Unit Development streets and utility easements of a character,extent and location suitable for public use for parks,greenbelts or schools,said actions shall be secured in accordance with one of the following alternatives,or as specified in the Planned Unit Development plan,if any: 10.1 The required acreage,as may be determined 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,a determined by relevant Sections of the Weld County Code may be reserved through deed restriction as open area,the maintenance of which shall be a specific obligation in the deed of each lot within e 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 off 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. 111111 11111 11111 1111 111111 1111111 11111 111 11111 1111 1111 3308596 08/02/2005 0218P Weld County, CO 7 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder IN WIINESS WHEREOF,the arties hereto have caused this Agreement to be executed on the day and year first above written. Todd Muckl r,Applicant 1 •Deborah Eberl Eli Kerbs -- Subscribed and sworn to before me thi 1day oC\, 005. My Commission expires: bith BILLIE J. MOORE Notary Public NOTARY PUBLIC l^TATE OF COLORADO ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO Weld County Clerk to 'r:oa � 7 v�� M. J. Geile Chair Totem BY: ilL„ - �'1 Deputy Clerk to th yj' „ap JUL 1 8 2005 APPROVED AS TO FORM: arty Attorney` 1313011815119111811011211112010$ 30859 111111 11111 11111 1111 111111 1111111 11111 111 11111 1111 llll r 81021200 8 of 11 R 0.00 D 0.00 Steve Moreno Clerk • EXHIBIT AA@ Name of Subdivision or Planned Unit Development: Lakota Lakes Ranch LLC Filing: 1 Location: NW 1/4 &THE N 1/2, SW 1/4, SEC. 29, T5N, R67W,6th P.M.,_WELD COUNTY, COLORADO 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 Construction Cost Site grading Street grading Street base Street paving subgrade prep included 0:2yir. YX7,1191-25- 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) eQt /tie Fire hydrants (.A. ) S3,500 (/l C'i n, $;3 Sea."I. "kip 'n)p,,,E". Survey and street monuments_and boxes Street lighting Street name signs �orn �F fs. !,Pi /./Idz..te) Fencing requirements Landscaping Park improvements Road culvert Grass lined swale Telephone L'o74ioietG Gas Electric L'fI .ntio/ere Water transfer Cp � _ .. . _ _ Engineering and Supervision Costs S. a, (Testing, inspection, as-built plans and work in addition to preliminary and final plat;supervision of actual construction by contractors) 1111111 11111 11111 IIII 1111111111111 11111 III IIIII IIII IIII 3308596 08/02/2005 02:28P Weld County, CO 9 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder TOTAL ESTIMAI ED COST OF IMPROVEMENTS AND SUPERVISION $ 9O21 9 9/, X15 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 becompleted according /p eG`�"- to hheconstructioon'scheedule set out in Exhibit AB.@ By: —moo ii/cGl� .h�-� (/ La_ 'e- Applicant Applicant / A 21t/67%;c At (11 11,C{t LC Date: d 7 , 20O$ . Title (If corporation, to be signed by President and attested to by Secretary,together with corporate seal.) Ill VIIIVIII)III1111111111111VIIIIII111111III "Ct" Illler 6 081021 e Moreno Clerk 10 at 11 R 0.00 D 0.00 Slev EXHIBIT"B" Name of Subdivision L&'XotA` 4t Cs / 0J or Planned Unit Development: i- me./,/�X i.5 l r/ '/g r7 , 6b4- /PM �/c[r CoufTy, Colt'do Filing: / Location: All improvements shall be completed within 3 years from the date of approval of the final plat. Construction of the improvements listed in Exhibit"A" shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading Street grading Street base Street paving / /o6 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 ( /) Cent//S& ///O4 Survey and street monuments and boxes Street lighting Street name signs 4-2///.05 Fencing requirements Landscaping Park improvements Road culvert Grass lined swale Telephone Cr, Gas rJ (p Electric ['flu Water transfer SUB-TOTAL: 1111111111111111NI Ill 111111111111 III 111111 III 1111 3308596 08/02/2005 02:28P Weld County, 11 0l 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 597 DEED OF TRUST THIS INDENTURE,Made this /5day of lam...,, , 20O 5 between Todd Muckier,Debra Ebert and Eli Krebs,whose address is 7288 CR 54,Johnstown,CO 80534, hereinafter referred to as grantor,and the Public Trustee of the County of Weld, State of Colorado,hereinafter referred to as Public Trustee, WITNESSETH, THAT, WHEREAS, grantor and the County of Weld, State of Colorado (the "Beneficiary") have entered into an Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance)(the "Agreement")attached hereto as Exhibit "A." Pursuant to the terms of said Agreement, grantor is executing this Trust Deed in favor of Weld County,Colorado to secure payment and performance of all improvements as set forth in the Agreement. NOW THEREFORE, the grantor, in consideration of the premises and for the purpose aforesaid, does hereby grant, bargain, sell and convey unto the said Public Trustee in trust forever,the following described property, situate in the County of Weld, State of Colorado, to wit:Lot 1,Lakota Lakes Ranch PUD according to the plat thereof recorded on D'7 I,L V/0 5-- at Reception No. 33O4 617 q in the records of the Weld County Clerk and Recorder also known by street and number as: Vacant Land assessor's schedule or parcel number: TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances thereunto belonging: In trust nevertheless, that in case of default under the terms of said Agreement, or any part thereof, or in the payment of the interest thereon according to the tenor and effect of said Agreement, or any of them,or in the payment of any prior encumbrances,principal or interest, if any, or in case default shall be made in or in case of violation or breach of any of the terms, conditions, covenants or agreements herein contained, the beneficiary hereunder or the legal holder of the indebtedness secured hereby may declare a violation of any of the covenants herein contained and may elect to advertise said property for sale, and demand such sale by filing a notice of election and demand for sale with the Public Trustee. Upon receipt of such notice of election and demand for sale, the Public Trustee shall cause a copy of the same to be recorded in the recorder's office of the county in which said property is situated. The Public Trustee shall then give public notice of the time and place of sale by advertisement to be published for four weeks (once each week for five successive weeks) in some newspaper of general circulation at that time published in the county or counties in which said property is located. A copy of such notice shall be mailed within twenty days after the date of the first publication thereof to the grantor at the address given herein,to such person or persons appearing to have acquired a subsequent record interest in said property at the address given in the recorded instrument,and to any other person or persons as may be provided by law. It shall and may then be lawful for the Public Trustee to sell said property for the highest and best price the same will bring in cash and to dispose of the same (en masse or in separate parcels, as the said Public Trustee may think best), together with all the right,title and interest of the grantor, his heirs or assigns therein, at public auction at any place as may be specified by statute and designated in the notice of sale. The Public Trustee shall make and give to the purchaser or purchasers of such property at such sale, a certificate or certificates in writing describing such property purchased, and the sum or sums paid therefor, and the time when the purchaser or purchasers(or other person entitled thereto) shall be entitled to a deed or deeds therefor,unless the same shall be redeemed as is provided by law. The Public Trustee shall, upon demand by the person or persons holding the said certificate or certificates of purchase, when said demand is made, or upon demand by the person entitled to a deed to and for the property purchased at the time such demand is made, the time for redemption having expired, make and execute to such person or persons a deed or deeds to the said property purchased. Said deed or deeds shall be in the ordinary form of a conveyance, and shall be signed, acknowledged and delivered by the said Public Trustee and shall confirm the foreclosure sale and sell and convey to such person or persons entitled to such deed, the said property purchased as aforesaid and all the right, title, interest, benefit and equity of redemption of the grantor, his heirs and assigns therein. The Public Trustee shall, out of the proceeds or avails of such sale,after first paying and retaining all fees, charges and costs of making said sale,pay to the beneficiary hereunder or the legal holder of said note the principal and interest due on said note according to the tenor and effect thereof, and all moneys advanced by such beneficiary or legal holder of said note for insurance, taxes and assessments, with interest thereon at zero (0%) per cent per annum, rendering the overplus, if any, unto the grantor, his legal representatives or assigns. Said sale or sales and said deed or deeds so made shall be a perpetual bar,both in law and equity, against the grantor, his heirs and assigns, and all other persons claiming the said property, or any part thereof, by, from, through or under the grantor, or any of them. Beneficiary may purchase said property or any part thereof; and it shall not be I 11111111111 11111Dl111111111111111111 III 1111111111111 .Clause (Page 1 of 3) 3308597 08/02/2005 02:28P Weld County. 00 1 of 3 R 0.00 D 0.00 Steve Moreno Clerk&& Recorder ,/OO5- 38" obligatory upon the purchaser or purchasers at any such sale to see to the application of the purchase money. If a release deed be required, it is agreed that the grantor,his heirs or assigns,will pay the expense thereof. And the grantor, for himself and his heirs, personal representatives or assigns covenants and agrees to and with the Public Trustee,that at the time of the ensealing of and delivery of these presents he is well seized of the said land and tenements in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in the manner and form as aforesaid;hereby fully and absolutely waiving and releasing all rights and claims he may have in or to said lands,tenements,and property as a Homestead Exemption,or other exemption,under and by virtue of any act of the General Assembly of the State of Colorado, or as any exemption under and by virtue of any act of the United States Congress,now existing or which may hereafter be passed in relation thereto and that the same are free and clear of all liens and encumbrances whatever,except and the above bargained property in the quiet and peaceable possession of the Public Trustee, his successors and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the grantor shall and will Warrant and Forever Defend Until complete performance of the Agreement, the grantor shall timely pay all taxes and assessments levied on the property; any and all amounts due on account of principal and interest or other sums on any senior encumbrances, if any. Should the grantor fail to insure and deliver the policies or to pay taxes or assessments as the same fall due, or to pay any amounts payable upon senior encumbrances,if any,the beneficiary may make any such payments and all monies so paid with interest thereon at the rate of zero percent(0%)per annum shall be added to and become a part of the obligations secured by this Deed of Trust and may be paid out of the proceeds of the sale of the property if not paid by the grantor. In addition,and at its option,the beneficiary may declare the indebtedness secured hereby and this Deed of Trust to be in default for failure to make any of the payments required by this paragraph AND THAT IN CASE OF ANY DEFAULT, Whereby the right of foreclosure occurs hereunder, the Public Trustee or the Beneficiary or holder of a certificate of purchase, shall at once become entitled to the possession, use and enjoyment of the property aforesaid, and to the rents, issues and profits thereof, from the accruing of such right and during the pendency of foreclosure proceedings and the period of redemption, if any there be:and such possession shall at once be delivered to the Public Trustee or Beneficiary on request, and on refusal, the delivery of such possession may be enforced by the Public Trustee or the Beneficiary by any appropriate civil suit or proceeding, and the Public Trustee, or the Beneficiary shall be entitled to a Receiver for said property, and of the rents, issues and profits thereof, after such default, including the time covered by foreclosure proceedings and the period of redemption, if any there be, and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of the grantor or of the then owner of said property and without regard to t he value thereof, and such Receiver may be appointed by any court of competent jurisdiction upon ex parte application and without notice — notice being hereby expressly waived—and all rents,issues and profits,income and revenue therefrom shall be applied by such Receiver to the obligations of the Agreement hereby secured,according to the law and the orders and directions of the court. AND,That in rase of default in any of grantor's obligations under the Agreement, according to the tenor and effect of said Agreement aforesaid,or any of them,or any part thereof, or of a breach or violation of any of the covenants or agreements herein, by the grantor,his personal representatives or assigns,then and in that case the whole of grantor's obligations hereby secured,may at once,at the option of the legal holder thereof,become due and the said property be sold in the manner and with the same effect as if said indebtedness had matured. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. Executed on e— Todd MuFtler of Debra Ebert 1111111 11111 11111 1111111111111111111111111 11111 11111111 � _/• 3308597 08/02/2005 02:28P Weld County, CO Eli Krebs 2 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder No.341@.Rev.7-02. DEED OF TRUST(Public Trustee)Without Due on Sale Clause (Page 2 of 3) State of rep - R e :\^�r^ County of � O , . The foregoing instrument was ackn ledg m this /' day of %r - ,20/C.5- by 7" Ha Witness my hand and seal. H i My cormnission expires '<.'•, :`,'y" L.= State Notary Public Yy L'omn.C'r'_'r /✓ ^J,zCSi State of (Pre.e7 �pRY / rl.r County of (G2eest, O ,...._.......;..:�n , The foregoing instrument was ac legged before me this day of �,f-c---frce ,20,O_,_C;by D a a si. 6 c r CAROL A. Witness my hand and seal. H A P OI1+°.O ��/ My commission expires t : > LYii 4a---1 de„Notary Public 1/4. COrt-Y7 State of ,�(�e� ._ t.y Cumni !m.ei County of , The foregoing instrument was acknow g hf / day of J\csm ,20 Cc by Ph" iVr S Witness my hand and seal. �• `r�'\, ?// My commission expires •` CAROL A. •p HARO$v.a : I Notary Public C� n. : Name and Adam ofPenon Creating Newly Crc LI1)ewripnon(§38=35-10n}.5.CRS) \c.'........ .. /. t 1 111111 1111 0111 111111 1'I'I" 11111 111 1111 'III III' 3308597 08/02/2005 02:28P Weld County, CO 3 of 3 R 0.00 D 0.00 Steve Moreno Clerk & Recorder No.341B.Rev.7-02. DEED OF TRUST(Public Trustee)Without Due on Sale Clause (Page 3 of 3) 0 SUBORDINATION AGREEMENT THIS AGREEMENT, made this l3 -day of -,,. 2005, by among Weld County, Colorado (the"County"), the owner(the "Owner") of the real property hereinafter described and Community Banks of Colorado (the `Beneficiary"); WITNESSETH THAT WHEREAS, the Owner executed a deed of trust (the"Beneficiary Deed of Trust") dated April 23, 2003 to the Public Trustee of Weld County, State of Colorado, for the benefit of the Beneficiary and which encumbers the following described real property (the"Property"), to-wit: Lots A and B of Exemption No. 0957-29-2-RE-2695 recorded October 31, 2000 at reception number 2803631, being a part of the northwest quarter and the north half of the sourtwest quarter of section 29, township 5 north, range 67 West of the 6th P.M., excepting therefrom subdivision exemption No. 0957-29-2-SE-843, recorded October 31, 2000 at reception number 2803630, County of Weld, State of Colorado to secure a promissory note in the sum of$480,000 dated April 23, 2003, in favor of the Beneficiary, which deed of trust was recorded May 2, 2003 at reception number 3058863 in the official records of the aforementioned County; and WHEREAS, the Owner has now executed a deed of trust (the "County Deed of Trust") and promissory note in the sum of$80,000 dated-r, , t'3 , 2005, in favor of County payable upon the terms and conditions described therein and which will be recorded in the official records of the County and which will also encumber the Property; and WHEREAS, it is a condition precedent to obtaining approval from the County of the Lakota Lakes Ranch P.U.D. final plan for recording(the "P.U.D.") that the County Deed of Trust shall unconditionally be and remain at all times a lien or charge prior and superior to the lien or charge of the Beneficiary Deed of Trust as it relates only to that portion of the Property which will be known upon platting as Lot I, Lakota Lakes Ranch, P.U.D. ("Lot 1"); and WHEREAS, the County is willing to approve the P.U.D. final plan for recording provided the County Deed of Trust is a lien or charge upon Lot 1 prior and superior to the Beneficiary Deed of Trust and provided that the Beneficiary will specifically and unconditionally subordinate the lien or charge of the Beneficiary Deed of Trust as it relates to Lot 1 to the County Deed of Trust; and WHEREAS, it is to the mutual benefit of the parties hereto that the County approve the P.U.D., and the Beneficiary is willing that the County Deed of Trust shall constitute a lien or charge upon Lot 1 which is unconditionally prior and superior to the lien or charge of the Beneficiary Deed of Trust. 11111111111111111 II11111111111111111111 III VIII IIII IIII 3308598 08/02/2005 02:28P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder O2O0S d38 NOW, THERFORE, in consideration of the mutual benefits accruing to the parties hereto and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, and in order to induce the County to approve the P.U.D., it is hereby declared, understood and agreed as follows: (1) the County Deed of Trust, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on that portion of the Property to be known as Lot 1 prior and superior to the lien or charge of the Beneficiary Deed of Trust, (2) the County would not approve the P.U. D. final plan for recording without this subordination agreement, and(3) this subordination agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the Beneficiary Deed of Trust as it relates to Lot 1 to the lien or charge of the Lender Deed of Trust. Community Banks of Colorado by laGt Fr lin J. Gardiner, ranch President Owner �J �� Adol A Se, i7 . by State of Colorado County of Arapahoe The forgoing instrument was acknowledged before me this 7th day of June, 2005, by Franklin J. Gardiner, Branch President of Community Baials§sof Colorado. My commission expires: a-ca? ? Vifl" pry h' Jyand seal. Not Public,�c) �O��t V$/ s L.1 0I r � ? State of Colorado sy> Z J p.O ., Q Q ,S • Q �� County of 61.14,4611.4--e_ N�''.., STAt�,.••`• xuutuao• The forgoing instrument was acknowledged b ct6 bie this'lay of ;1;, 2003 by r t at `� / �v ta5 My commission expires: .yJess my h d and seal. Notary Public a*-44 %';••• .•�',":}' 1111111 11111 11111 1IiI 111111 1111111 11111 111 11111 DE MI 3308598 08/02/2005 02:28P Weld County, CO 2 of 2 R 0.00 0 0.00 Steve Moreno Clerk & Recorder Proposal Coulson Excavating Co., Inc. 9609 N County Road 13 * Loveland,Colorado 80538 Phone(970)667-2178•Fax(970)667-2193 PROPOSAL SDM&ATTED TO FAX 'PHONE I DATE Todd Muckier June 20,2005 bi Heel 'PROJECT NAME Lakota Lakes Ranch P.U.D. CRY,STATE,ZIP CODE 'PROJECT LOCATION WCR 54(E.Access Rd It Challenger Pit) - We hereby submit specifications and estimates for. . Description Unit #Units Per Unit Total 6"Aggregate Base Course(w/4'shoulders) SY 5750 $4.95 $28,482.50 4"Asphalt Paving SY 4500 $9.10 $40,950.00 Subgrade Prep(w/ditches per plan) SY 5750 $1.50 $8,625.00 Staking LS 1 $1,500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 Notes: TOTAL $79,537.50 Includes Soil Steriant Excludes Surveying, Testing,Traffic Control Excludes Manhole&Water BoxNalve Adjustments Final billing will be based on actual field measurement. Quotation does j include sales tax on materials. We Propose hereby to furnish material and labor-complete in accordance with above specifications,for the sum of dollars($ Acceptance of Proposal: Date: (p(ab(06--_ Note: This proposal may be withdrawn by us if not accepted within b days. Acceptance of Proposal: Date: Page 1 of 1 • • • ORDER FORM DATE: �,`/ - ('i r5 �� .ix, .� SIN&s�WAY CUSTOMER /3/ " , (,,,r PRODUCTS UPPLY 74 A40 rt f Ca © 5 ? �' R Tf L AkE,S RA/I- C f-1- 17121st Avenue P.O. Box 1826 Greeley, CO 80632 CONTACT NAME 4 -0j `� eL€..a.ZQ 3 -5 71-1/618- 970-356-6881-Greeley 303.659-1729-Metro PHONE ;: : _- FAX 970.356-5862-Fax .0' _ . 1-877356-NCTC-Toll Free a SAIESMAN PICKUP I SHIP DATE TAX EXEMPT II QUANTITY DESCRIPTION PRICE AMOUNT ,-" ` All y14.�.....) , )t) Si). . t_ig uov4 ` /2� / , lQ'I- 1 --Ib fa 5375 1 i u* /e. 1.15 X l ,7 5 31 . 5 t klrvC i1t 3x ,..)<- /a ,tro . _ / 54.4 h..c..c.:,.e. -s1 .1'- 66 1+~ 4, 50 t O / 0 - 4. (0 5 /45.19 7/3,./.isti A. (45./...eA..-. . OFFICIAL SIGNATURE PLUMBING KREBS PLUMBING, LLC VV 1,o rk O^,rd e r;,l i vo i .C 1208 14170 Weld County Road 7 MEAD, COLORADO 80542 ( DATE OF ORDER HOME TEL _+ O WORK TEL (303) 746-7320 CUSTOMER ORDER NO. TO: DAYWORK NTRACT ❑ EXTRA STARTING DATE ❑OVERTIME ❑OTHER c JOB NAME r N0 JOB LOCATION /�...400r`f•-SC" etsINAT; VOIC A JOB TEL ,z 63 . ..30„,‘„, Ir;,1AFil.,,;, ^j.):•t• 444., TERMS. 17(1511 �co w" 2 �QC17� ��(3I •;?'�-1:: t '_:� �c O 0 �$ 2So� �.rJ` J4- erg`- DESCRIPTION OF WORK f NO HEAT NO WATER BURST PIPE(S) THAW PIPE(S) INSULATE PIPE(S) BLOCKAGE-WASTE SYSTEM LABOR HRS. RATE AMOUNT KITCHEN SINK 7 INSTANT HOT WATER FILTER DISPOSAL DISHWASHER BATH (1) (2) (3) TOTAL LABOR LAVATORY ono. /MATERIAL UNIT AMOUNT WATER CLOSET / 3 BATHTUB SHOWER STALL/HEAD WHIRLPOOL/SPA/HOT TUB LAUNDRY WASHING MACHINE FAUCET(S) SILL COCK SUPPLY LINES) I >TRAP(S)/DRAIN(S) . FILTER(S) GATE/BALL VALVE(S) WATER LINES) WELL I WATER PUMP PRESSURE TANK WATER SOFTENER/COND. SUMP!EFFLUENT PUMP WATER HEATER BOILER-STEAM!HOT WATER SAFETY VALVE CIRCULATOR WORK ORDERED BY TOTAL ZONE VALVE MATERIALS BASEBOARD(S)/RADIATORS) I hereby-cknowledge the satisfactory completion of the above TOTAL describ- work. LABOR FURNACE BURNER X HEAT PUMP TAX SIGNATURE DATE AIR CONDITIONER OTHER CHARGES WASTE/SEWER LINE(S) Thank You VENT PIPES) TOTAL Hello