The URL can be used to link to this page

Browse Search

Home My WebLink About20052421.tiff RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS(PUBLIC ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN,AND ACCEPT COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF#1045 - HIGHLAND ACQUISITION GROUP, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,on June 10,2005,the Department of Planning Services staff approved a PUD Final Plan, PF#1045, for Highland Acquisition Group, LLC, do Robert Kelsey, 6297 S. Potomac Way, Centennial, Colorado 80111, for nine residential lots, two non-residential outlots, and one agricultural outlot on the following described real estate, to-wit: Lot B of Recorded Exemption#3105, being part of the N1/2 NW1/4 of Section 5, Township 1 North, Range 68 West of 6th P.M., Weld County, Colorado WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements(Public Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Highland Acquisition Group, do Robert Kelsey,with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with check#1273 from Highland Acquisition Group, LLC, in the amount of$362,426.55, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said check as stated above, copies of which are attached hereto and incorporated herein by reference. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Improvements Agreement According to Policy Regarding Collateral for Improvements(Public Road Maintenance)between the County of Weld,State of Colorado, by and through the Board of County Commissioners of Weld County,and Highland Acquisition Group, LLC, do Robert Kelsey, be, and hereby is, approved. BE IT FURTHER RESOLVED that check#1273 from Highland Acquisition Group, Inc., in the amount of $362,426.55, be and hereby is, accepted. 2005-2421 PL1743 CC`, �l^ f\-PPL/ �T cc,� U4- 1 vS IMPROVEMENTS AGREEMENT - HIGHLAND ACQUISITION GROUP, LLC PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 15th day of August, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO /, t /I , l� /fir alt. r,-,,... �\✓�� J6i) %u/ `fir William H. Je Chair ;3\ ---- iv Clerk to the Board IP M. . eile, Pro-Tem „'nrM eputy`Clerk to the Board c; 4_ _ D id Long t APP DASTOF \\1, Rob rt D. Mas e/7 un Attorney Glenn Vaad ° J Date of signature: /i9/Pr 2005-2421 PL1743 , (' MEMORANDUM Wi` a TO: Board of County Commissioners August 2, 2005 COLORADO FROM: Jacqueline Hatch SUBJECT: PF-1045, Highlands Farms PUD The Department of Planning Services received cash for the Public Improvements Agreement for PF-1045 (Highland Farms PUD). The collateral for the Improvements Agreement is in the amount of three hundred sixty two thousand, four hundred and twenty six dollars and fifty five cents ($362,426.55) for on-site improvements. After review of the collateral by the Department of Public Works and the Department of Planning Services, it has been determined that the amount of the agreement will be sufficient to complete the work required for PF-1045, and the Departments of Planning Services and Public Works recommend acceptances of this collateral. re-----NO"I ES RECEIPT DATE NO. RECEIVED FROM ADDRESS FOR ... $I ACC o UNT " '.m•, AMT.OF ✓a�raafY<2° ' ACCOUNT _- CAST} _- S AMT. -■ .. PAID —■ CHEtk BALANCE _- MONEY DUE BY ©20011FgP1®81808 2005-2421 1�L /716 RE: RE: RE: RE: Highland Farms Page 1 of 5 Jacqueline Hatch From: Peter Sobel Sent: Wednesday, July 27,2005 11:25 AM To: Jacqueline Hatch Subject: RE: RE: RE: RE: Highland Farms Importance: High Jacqueline. the improvements agreement is acceptable to Public Works. Have a great day, Peter. Peter SCHE/,P.E.,NSP.E. Public Works Department Weld County LIII-H Street Greeley,CO 80632 pscheaco.weld.co.us "Making the County a better place to do business" "Making the County a better place to live" From: Jacqueline Hatch Sent: Wednesday, July 27, 2005 10:00 AM To: Peter Schei Subject: FW: RE: RE: RE: Highland Farms Attached is a new revised Improvements Agreement (all that is changed is the landscaping info). Just let me know when you are okay with it Thanks From: Cameron A. Grant[mailto:cgrant@gglaw.com] Sent: Wednesday,July 27, 2005 9:14 AM To: Jacqueline Hatch Cc: Rob Bulthaup; Leah L. Mitchell Subject: RE: RE: RE: RE: Highland Farms Jacqueline, Here is the corrected document. Rob will be putting up cash as collateral. Do you need the cash deposit along with the signed agreement? We will hold off on submittal of the signed agreement until you give us feedback from Public Works. Do you have any idea of the time frame on their response? Cameron ---Original Message--- To: Cameron A.Grant From:Jacqueline Hatch<jhatch@co.weld.co.us> Sent: 7/27/2005 8:47AM 07/27/2005 IMPROVEMENTS AGREEMENT ING TO 3� POLICY REGARDING COLLATERAL FOR MRPROVEMENTS (PUBLIC ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this IIa. day of r , ,20Q by and between the County of W eld,State of Colorado,acting through its Board of County Commissioners,hereinafter called"County," and HIGHLAND ACQUISITION GROUP,L.L.C.,a Colorado limited liability company,hereinafter called"Applicant." WITNESSED': WHEREAS,Applicant is the owner of,or has a controlling interest in the following described property in the County of Weld,Colorado: A PORTION OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 5,TOWNSHIP 1 NORTH,RANGE 68 WEST,OF THE 6TH P.M.AS MORE PARTICULARLY DESCRIBED AS LOT B OF WELD COUNTY RECORDED EXEMPTION NO.RE-3105 WHEREAS, a final Subdivision/Planned Unit Development (PUD) Plat of mid property, b be known as HIGHLAND FARMS 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 Improve ments Agreement guaranteeingthe construction of the public improvements shown on plans,platsand supporting documents of the Subdivision Final Nat,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,THERE FORE,IN CONSIDERATION OF the foregoing and of the acceptance and ap proval 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 ncorporated 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 b the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of,but not be limited to,surveys,designs,plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision o r 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 shalt be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit 1 1111111 11111 1111111111 111111 111111 11111 111 11111 VIII 3319384 09/02/2005 02:05P Weld County, CO 1 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2005-2421 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 strictconformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvement. Whenever a Subdivision or Planned Unit Development is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance wit the requirement and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the tine the Subdivision or Planned Unit Development is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards, those requirements and standards that are more restrictive shall ap ply. 12 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 req uired 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 b 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 improvem ents 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 suf€r as a result of all suits,actions or claims of every nature and description caused by,arising from,or on account of said design and construction of improvements,and pay any and all judgments rendered againstthe County on accountof any such suit,action or claim,together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by,or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability,loss,or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. 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 Sit.l..nteven.esb Reimburaement Procedure: Tl.eanbd iv id.,r,..rphe....t,e.os..e�,....�b.....:...b_. • not odoquato in structural cap unity,width,or functional classification to support,�.a,,-_aa•.o-.r-'----..-�§e urn of the Subdivision or Planned Unit Dovolopmont. 5-1 ..,,....+Astl...f,.._h.l..t�.L..n Oh,e..Ld:v:d_.,..,,rlicant,or.,H.....,,.r.,.,t..t..n,.,.,iv.,..,:...L.....,.....,...-G. 54 The off site improvements agreement shall contain the following: 2 1 111111 11111 11111 11111 111111111111 11111111 11111 1111 IIII 3319384 09/02/2005 02:05P Weld County, CO 2 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder - The legal dmcription of the property to be served. The name of the owner(o)of the property b be served. A decariplon of the off site inprovomcnts to be complebd by the subdivider,applicant,or owner. The total vohiodar trips to bo generated at build out by the Subdivision, Resubdivision,or Planned Unit Development,an specified by the ITE Trip Concretion Manual,or by special -nay..rl..evcd by the B..a.def Cet...ty Cenn:s.,;eee.s. A time period for complction of the off site improvements. The current addle S3 of the peraon to be reimbursed during the term of the agrecwont. Any off sit„i,..pte ementa ab.ee..,ent ah..11 b.natic1..ee..fa..a....e., ..al.Ls_W.dui C.,....t� }...li.., ....collateral f r 11..pr-a brat- 44 If the subdivider, applicant, or owner fails to comply with the improvements agreement, the opportunity to obtain rcimbmacmont under this section b forkited. 34 When it is determined by the Board of Comity Commissioners that vehicular truffle from a ....d...-e..i...r.............lo..�..,,.....,..Hl._„eb.....re_..t..ebdr.:d-rivet li..,...tit..ata..n.4 11.(rhubarb ill. shall the original subd:v:d.,.,..yrlicm.t, .,r...:.... .ull.net..,. ..,....n..t*Li..l. .;A.,n„t..Nn,t1ul subdivider, applicant or ovrnor shall be submitted to the Department of Planning Sorvioes prior to .,.....d:..e tit.,Subd:.i.i.,n,Rstk di.;—kin;or Planned U..:t Des el.,pineal F:..a I Plat. 84 of a Subdivision, Resubdivision, or Planned Unit Development using the road improvements c.,...,L.._ted n..d.,, ..-;.,-i...r.............t..b..,.,....,.I will be based upon a pm ram share.,f21...tot..l-h:p f,..l,...ts a.,..,...:d.,.F..:IL tb., .......b,,. ....J tyve-,.f.F...,H:..g t.Yd„ ...J .,y...., f....t..g.. ....A-.�y�rf oontribition to the prior subdivider, applicant or owner,or by further road improvements which benefit the prior subdivider, applicant, or owner's property. is.pK.......e..ts. 5-6 The report entitled TRIP GENERATION (Third Edition, 1982)cf tit,. :..,t:lute of Tr...„r...t..len i✓,.g:a.,e.s.,hall..a.....aHj be ns,.d f re_l.,al..t:.,b............._Ll.,r......t,.sl.a..,.,f,b.,reed:...r....,.,.....a transportation study shall be used for land usos not listed in the ITE Trip Generation Manual. Any question about the number of trips a Subdivision,Resubdiviaion,or Planned Unit Development will generate shall be decided by the County Engineer. 54 The tans fir which th.,aubd:.;d...,eppli_ant,cr ew-er:.e..Ctled to ...r.............b,.e..,.,....,..t,e..t....,d-;..t..L..l........tb,,...bd;.;dcr....a tit..Ce..nty, :at..n g..ar.,f......tl.., 44 This provision is not intended to crest any tear of action again Weld County or its officaa or c...rl..r.,..,L�_..r ....W;.;.L,..rY He....t.............f. ..,L..Ln..,e....,..1.....d 6..... ....,r;.,-WtlJ C.,r...lr to be considereda guaranbr of the monioato be reimbursed b y the subscqucat subdividers,ap plienuts, .rewaers- 3 1111111 1111 VII111111111111111111 VIII 11111111 1111 Jill 3319384 09/02/2005 02:05P Weld County, CO 3 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 6.0 Acceptance of Streets for M aintenance 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 Develo pment improvements in that phase of the develop ment 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 applicanl(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 sh all 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 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 Agreeme nt. Acceptable collatera 1 shall be submitted and the plat recorded within six(6)months of the Final Plat approval. If acceptable collateral ha s not been submitted within six(6)months then the Final Mat 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 completedwithin one(I)year after the Final Plat approval(not one year after acceptable collateral is submitted) unless the applicants) requests that this Agreement be renewed at least thirty(30) days prior to its expiration and further provides that cost estimates hr the remaining improvements are undated and collateral is provided in the amount of One-Hundred percent(100%)of the value of the improvements remaining b be completed. If improvements are not completed and the agreement notrenewed within these time frames,the County,at its discretion,may make demand on allot a portion of thecollateral 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 ofthe property that ate not covered bycollateralwhich willprohibit 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 req uirements 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 111111 11111 11111 11111 111111 111111 11111 III 11111 1111 III! 3319384 09/02/2005 02:0512 Weld County, CO 4 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder which the contemplated wodc 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 applicart has provided costestimats for all phases of the development which will be adjusted in accordance with The State Highway Bid Price Index atthe time of posting of collateral for each phase 8.0 Improvements Guarantee: The five types of collateral listed below are 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 to One-Hundred percent(100%)of the total value of the improvements as set forth in Section 6.0 and Exhib its"A"and "B." 8.1.2 The Letter of Credit shallprovide for payment upon demand to Weld Countyif 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 estimatedcosts of completing the uncompleted portions of are required improvement,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 ofCredit shall be either the date of release by We Id 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 propo sed 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 itscurrent degreeofdevelopment is sufficient to cover One-Hundred percent(100%)of the cost of the improvement 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 1111111 11111 11111 11111 111111 111111 VIII III 11111 1111 IIII 3319384 09/02/2005 02:05P Weld County, CO 5 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and 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 Caunty determines there is a default of the Improvements Agreement, the escrow agent,upon request by the County,shall release any remaining es crowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to One-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 C olorado that the projector 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 appro ved by Weld County. 9.2 Test results must be submittal 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 appro ved, 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 Fie Authority indicating the fire hydrants am in place in accordance with the ap proved plans. The letter shall indicate ifthe fire hydrants are operatonal 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. 111111 1111 VIII 11111 111111 11111 IIIII III 11111 IIII IIII 3319384 09/02/2005 02:05P Weld County, CO 6 of 12 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 req uest 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 Th.,..an..nt)e..al..Leal.,h..11b..eel e..edte tits,eppl:a..nt>.pa..E..el..._„pt....__b., B.,...d.fC.,....y Cen.a.:"s:ears fa full meiaait... -and,,. Section 5.3 10.0 Public Sites and Oven Spaces: When the Board of County Commissioners,pursuant t a rezoning,Subdivision or Planned Unit Development,requires the dedication,development and/or reservation of areas or sits 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,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,perso nal representatives, successors and assigns of the Applicant,and upon recording by the County,shall be deemed a covenant running with the land herein described,and shall be binding upon the successors in ownership of said land. I 11111 11111 11111 11111 111111 IIIIII VIII III 11111 1111 IIII 3319384 09/02/2005 02:05P Weld County, CO 7 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year first above written. APPLICANT: HIGHLAND ACQUISITION GROUP,L.L.C a Colorado limited liability co any By: ( Robert M. Bulthaup,Manager Subscribed and sworn to before me thisc ?y day of (1 (e` 4-y ,20 OY.— My Commission expires: -."4 "I Qrt yin '' �� C- 6 ---OS.' h Notary Public j �•�Li ,9: o [�' 7� T: if 'Cc-% GeLIG •.•'• BOARD OF COUNTY COMMISSIONERS " "!' 'p / II COLORP�O WELD COUNTY,COLORADO ,�1 GIL �``x..... 1861 Weld County Clerk to the Board William H. Jerke ,Chair 8/15/2005(1-0 aYat /Bed Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney 1 111111 11111 11111 11111 111111 111111 11111 III DE MI I'll 3319384 09/02/2005 02:05P Weld County, CO 8 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2005-2421 EXHIBIT'A' Naas: Highland Farms P.U.D.-Print Cost Estimate Filing: Lot B,RE3766 Location:South WS of Hwy.62 at WCR 3144 Wald County,Colorado 91r150e5 I.Mph 800504.au.Ptr,.,Anr.t tents ears to supply 340.445406 Ht,441 or Pena Ur*O.eesPPat On 10100=9rpmemwe. 750.11 Cam E50s10W bPln9rlmu borovwmlt4m UM U110 Oly WIN Cwt IL50n5ten Canstuedan Cast ea Mae. 01504 w 10503= 180 248045599 34)7680 ]aEatsI=Mtn LE 2440 150 3.0110.10 VtCP.w LA 1 75003 ar.r9.r. LA 15 1=10 1.50010 WM P.YAWn L5 1 800.00 80080 Iwe..aolam..Pest Starts 4GWwlMr AC 0 803.80 2805.= 544.Cabe, 450403 550450 Incur Lot 9•05110.4m is 0 cam 080 awes.s.wspr NA 540 059 =is=inn Mir LS 0.me.m 1$00.80 r CL3mNCWYVLLW it 1965 20= ]9.]1.00 O W=Mks FA EOm 4200000 r.rT.s EA 450.1 4003 ✓.rs..lT.e EA ]03.00 50a.m re.w W. EA I mom 2.900.03 r.r Rakes EA 50050 200.00 rprwwa 5.A 110303 110380 P11Aaay EA 2.70003 5.10000 la=wr pe8lVa EA 30510 ],4503 05000454=7600 is 350 080 SW=Peon.54.800 a 30003 314'4 Coppr= LE 51 580 153050 r5Larp 114 Sc a 113.1 1=0.03 Low C4w0.ains La mom =380 1900.9==4 5050110 eat" 167110. LP 175 2050 4.37550 ,rFES EA 2 32400 545.1 91'7645 LE 255 4010 *050=A0 91'pE] EA t 24050 43.10 T1p C In= FA 1 2=000 5,8010 pwealto •tdslats Os coropl= EA 7 5.00000 513.10 t4.441004 EA 1 1.mom 1540.80 5991097100 le sr 44 580 2210303 r.9Pawu7,w.Pn IF 502 14.50 9$5410 awwar.sapr. 503159 5035080 L4 Pea Coe EsSEA 9 5775.90 52401.1 asses 0757 uses 4236450 50 ,i970smConsinitturt =Fat 9 700.1 551.1 r 05.545. 450480 5.900]3 BpYn ==.0180 FA 9 010 Om nee=05.007 003 em Lade=9l.yw. IAEEA 1 1520155 111294.55 Gay Ww.at Ea 1 5.503.50 5.50050 Ia.r.y.4elaeb 2115454 20254.5 110=4.01•114st=sae 15Ww== EA 1 1500.50 110.1 PWrwr 010 Pak. LE m 380 280.80 a4ea,,8150.9500 sr 7, 180 9350.= -as eV 7¢q 0.,3 1.110.1 c,0.5.1.17 n I'ADC sv 5203 1100 502=1 e•IT arur sr 1200 250 amen =wpm Amos 54054 91 NO 0.50 ]80.80 Gn.Os ywfas.wMSS MOW LV 800 5.m 4=8076 WVA4p EA s 1110 1.50350 Tmleewrm.1 mow U.S 1 1.=3.80 1540.1 121444 9141100 Slop&Stew. EA 2 seam 24.1 Tnnccarwep4. E4 a 130.02 80010 Mara•IhrliMPI 150050 14=00 5nnree.mnre 54544114.6 350$4436 64505@01504 547524007 354000054 AA= BALM 9 =0.80 150350 507650457050 150== 1390,50 NN&Cow =US 1 25541 ;500.1 fv.L Crest E419 1 imam 041119004•0 54. UM= 48050 Cost L.r=V EMI= 9 150.1 1750 MWLa.IAa.. 61= 9 mw 180 1MnpniY Est Lot 9 2000 150 Opwapa4RW.anPOY At, I 9.!505] ].800 Oa a As bib Ea 1 3.10.80 Cp.wwaes S y 1435054 1]35050 Tug Soils 95YMi EstL9 9 400.10 2.900 s.e5rrer 4 Wan 250680 OM a.7) =Cat 0 080 0 f..wa.0wswa4 450 450 G45..ra One 454.5454 917454.$ 32,7)050 TOOL 57 UMMA)008E OF aewoLEIM9t51 uo 3Lre24enrl. $ 362,426.66.. II'VIII'II'L1itI ! g"L'1w1fIIllI,,,,11 IIII1I g of 12 o ono Clerk$Recorder The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit'B." APPLICANT: HIGHLAND ACQUISITION GROUP,L.L.C. a Colorado limited liability company ert M.Bultha , Manager /" Date_�N.��1 2 200 L_. (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) I IIIIII VIII VIII IIIII In 111111 VIII III 111111111 IIII 3319384 10 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT"B" Name: Highland Farms P.U.D Filing: Lot B,RE-3105 Location:South side of Hwy.52 at WCR 3 1/4,Weld County,Colorado 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"sha11 be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading 2 Years From Final Approval Street grading Street base Street paving Curbs,gutters,and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply and sbrage Water mains Fire hydrants Survey and street monuments and boxes Street lighting Street name signs Fencing requirements Landscaping Park improvements Road culvert Grass lined swale Telephone Gas Electric Water transfer SUB-TOTAL: 1 111111 11111 11111 11111 111111 IIIIII 11111 III 111111 III /III 3319384 09/02/2005 02:05P Weld County, CO 11 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder The County,at its option,and upon the request of the Applicant,may grant an extension of tine for completion for any particular improvements shown above,upon a showing by the Applicant that the above schedule cannot be met. APPLICANT: HIGHLAND ACQUISITION GROUP,L.L.C. a Colorado limited liability company BY o M.Bulthaup,Manager Date �._iJ r-f----•200 C (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 1111111 11111 11111 11111 111111 111111 11111 111 111111 III IIII 3319384 09/02/2005 02:05P Weld County, CO 12 of 12 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 13 07/21/2005 15:03 3034851017 STF JERRY BOULDIN PAGE 02 awlailltirlirt ME ULTIMATE CHOICE HIGHLAND FARMS-LANDSCAPE IMPROVEMENTS To: Highland Acquisition Group,LLC Preliminary Landscape Items-7/18/05 Attn: Mr.Robert Bulthaup Per 7/14/05 PUD FINAL PLAN LANDSCAPE PLANS 6297 Potomac Way Prepared By Kirby Smith&Associates,Inc. Centennial,CO 80111 HIGHLAND FARMS: Unit of #of Item Measure Units Unit Cost Total Native Grass Seed areas-fine grade,drill broadcast(native grass seed mix)&hay mulch Acre 5.75 550000 $2,875.00 Plant Beds Soil prep(premium top soil amendments) Yards 25 532.00 $800.00 Shrub bed-wood cedar mulch w/typar weed barrier or equal Sq.Pt. 350 50.75 $262.50 Fine grade for planting beds-included Sq.Pt 350 $0.00 $0.00 Steel edger(for bed areas) Ln.Ft. 85 $2.00 $170.00 Plant Materials Trees-Evergreen-8'Ht.(B&B) Each 25 $345.00 $8,625.00 Shrubs-Deciduous 5 Gal. Each 6 $35.00 $210.00 Shrubs-Evergreen 5 Gal. Each 5 $40.00 $200.00 Ornamental Grass- 1 Gal. Each 57 $18.00 $1,026.00 Perennials/Groundcovers- IGal. Each 105 $18.00 $1,890.00 Irrigation I 1/2"Backflow preveuter Each 1 $536.00 $536.00 Enclosure Each 1 S469.00 $469.00 ICC outdoor mourn irrigation clock w/2 modules Each 1 $550.00 $550.00 Rain sensor Each 1 $40.00 $40.00 Manual drain valve Each 2 525.00 550.00 Gate valve Each 2 $26.00 552.00 Quick coupling valves Each 2 $82.00 $164.00 PVC Mainline-1.5" Ln.Ft. 235 $1.06 $249.10 PVC Sleeving-3" Ln.Ft. 38 $1.35 $51.30 PVC Sleeving-4" Ln.Ft. 38 $1.98 $75.24 Poly drip tubing Ln.Ft. 1,870 50.87 $1,626.90 Drip line blow-out stubs Each 4 $22.00 S88.00 Drip valve assemblies Each 4 $250.00 $1,000.00 Drip emitters Each 409 0.39 $159.51 Total- $21,169.55 Landscape Management Group, LLC. will supply all materials and perform all items of installation according to plans and specifications as shown above. ��J BY: %/ Michaei anhl� Date: 7..21—OS all PO BOX 805 FREDERICK,CO 80530 PHONE:(303)776-1536,FAX:(303)678-5591 07/21/2005 15:03 3034851017 STF JERRY BOULDIN PAGE 01 S77 LZ FAX TRANSMITTAL SHEET Land Development Consultants 3733 Florentine Circle•Longmont,Colorado 80503 Fax:(303)485-1017. Phone:(303)8814952 E-mail address:jabou78Gaol.com To: Cameron Grant From: Jerry Bouldin Company: Grant Date: 7-21-05 Fax number: 303-774-2349 Total no. Of pages including cover: 3 Phone number: Sender's phone number: 303-881-4952 Subject: Highland Bids O INFORMATION El FOR REVIEW Er FOR USE ❑PLEASE REPLY ❑PLEASE CALL UPON RECEIPT NOTES I COMMENTS: Cameron, Leave Monument Cost at 5000 as there will be install costs. This should satisfy her. If not let me know. Thanks Jerry B. 07/21/2005 15:03 3034851017 STF JERRY BOULDIN PAGE 03 Jul 20 05 01 :08p ADVANTAGE STONE 3035788130 p. 1 I OW ADVANTAGE STONE FABRICATION PROPOSAL TO STE DATE: July 20,200$ ATTN: Jerry FROM: Sten Golf FAX 303.4!6-1017 PHONE: 306461-4062 • JOB NAME: Highland Finns LOCATION' Thant you for lear eg rro a quota for natural stone INa appreclele Me ooporturnbf tD kWoJics yC4 to oar Quern/arofk,CDa Phan in ua know fen re my quasars owardlrp the otarnaaM berow•. ITEM MATERIAL SURFACE THICK EDGE E EDGE SHAPE PRICEFINISH THICKNESS gemstone Sign Rose Sandstone Honed 4` Nisi 32,999-46 1 r -- S2.999.46 PRICING IS SASEO ON TM FOLLOWING ITEMS: 2 1 I E ^wll°�n 7 Under Mount Sink Cut Out s .. Delver, p ,Top Mount Sink Cut Out 'a Field Meaty. "t Stow Cut Out r a Shop Drawings rr Backeylasn — P I. OR of Exiedng Counter -.. '� Feat Holes!Oud¢ts r +'7 [Sub Tops — _ One Coal Sealer r ''Corbels end Supports P Taxes 7 r tPlumbirg I Stove Nook-ups 7 Dishwasher Mounting r r This prcposal la good to 30 days. Estimated time Completedon 4-6 weeks Estimates we based Dr;your drawing. The final price is determined nom Advantage Stone Fabrication's actual •nees.rre and slab size. Terms are 60%down prior to materiel order&fabrication, aims due upon Installation Thank yov for your request, Steve Goff 3i Pace Road•Longmont, CO 80501-Orions(303)678-8324•Fax (303)675-9130 wwti•.3dventeoestria coin :.1GSfolladvanla, q,14=¢., 240 Page 1 of 1 Jacqueline Hatch From: Pam Smith Sent: Thursday, August 04, 2005 4:55 PM To: Jacqueline Hatch Subject: PF-1045 Ms. Jac, I have received photos and an invoice for the abandonment of the septic system (G19939128)for 1328 HWY 52, Erie. This condition has been met. Any questions, let me know. Pam x2211 08/11/2005 Page 1 of 1 Jacqueline Hatch From: Rob Bulthaup [rbulthaup@earthlink.net] Sent: Tuesday, August 02, 2005 7:50 PM To: Jacqueline Hatch Cc: 'Jerry Bouldin (E-mail)'; 'Bob Kelsey' Subject: Highland Farms Entry Monument Jacqueline— Per our conversation today— I am aware of the requirements of Weld County Code Section 23-4-80.A as it relates to signage for the Highland Farms PUD (PF-1045). I will ensure that the entry monument will comply with the requirements of the Section, in particular the limitation of 32 square feet. 08/03/2005 ACKNOWLEDGEMENT AND RECEIPT FOR PAYMENT OF FAIR CONTRIBUTION FOR PUBLIC SCHOOL SITES In a cordance w the ,�99reement Concerning Fair Contributions for Public School Sites between the rttg4c4.r. Av. Ylo Weld County) and the St. Vrain Valley School District RE-1J, the St. Vrain Valley School District acknowledges that the applicable payments in-lieu of land dedication for public school sites, as set forth below, has been paid by the person or entity and for the property described, to be deposited into the Fair Contribution for Public School Sites Account. Property address (if known): Lot and Block Number: Name of Area or Development: 1 /G g t. io Calculation of Fee Amount(Based on Type of Residential Dwelling) Single Family Home @ $645 per unit k 9 ("nun' Date Paid: 0 ?�� Receipt Number:;39S80 Amount Paid: $ 5; goc: Ofb Feeder Area: (Acct. 29.769.0000.2040.000000./7 .000.00 St. Vrain Valley School District RE-1J By: Authorized Sc ool District Represent i (NOT VALID WITHOUT SCHOOL DISTRICT SEAL) Al 0144.40 /7,a Ala's 7 i Q 4)J/ LGC Abe z 6111.170:4?4 4— Property O er(s) Name (pl ase print) 9 Prop y wner(s) Sign ure(s) (It'paid by Owner) Contractor's Name (please print) Contractor's Signature (If paid by Contractor) ST. VRAIN VALLEY SCHOOLS 230880 395 S.Pratt Parkway - OS- (303) 76:2/1%2 77��/� DATE ;51 RECEIVED FROM / n�Y �j/Ii .(.�Q�I.Y-L/i ^'�aU��/ . � J /per v ,C THE SUM OF<�.A�U' „ihoLL)iA'O(17 /U7IYr u'� I,!DOLLARS�$�C -CT a FOR 71--q /o9. Q(/(W. 7D . , /' AMOUNT OF ACCOUNT $ AMOUNT PAID $ 7gtiia 0 BALANCE DUE $ BY v `�. C- ❑ CASH ❑ CHECK ❑ M.O. O CREDIT CARD Hello