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MINOR SUBDIVISION FINAL PLAN APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED: From Kcn - 5/3
RECEIPT/AMOUNT # /$ CASE #ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 0 9 6 3 - 0 3 _ 0 _ 0 0 _ 0 0 7
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
(Include all lots being included in the application area.If additiorel space is required,attach an addtional sheet)
Legal Description Low, RE 2916 _, Section 3 , Township 5 North, Range 64 West
Property Address(If Applicable) 29764 Hwy 37, Greeley, CO 80631
Existing Zone District : A/AG Proposed Zone District: RE Total Acreage:60.939 Proposed#/Lots 4
Average Lot Size: 13.85 Minimum Lot Size: 11.76 Proposed Subdivision Name: Pheasant Meadow
FEE OW NER(S) OF THE PROPERTY (If additiorel space is required,attach an addtional sheet)
Name: Francisco Granados
Work Phone #_ Home Phone#970-59O_55_4_4 Email Address
Address: 5995 W. 26th St.
City/State/Zip Code Greeley, C.9._80634
APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications sgned by Authorized Agent)
Name: Pickett Engineering, Inc. R. Clayton Harrison, PE
Work Phone#970-356-6362 Home Phone# Emil Address charrison@pickettengineering.co
Address: 808 8th St.
City/State/Zip Code Greeley, CO 80631
UTILITIES: Water: North Weld County Water District Allen Overton 356-3020
Sewer: Septic
Gas: Armes -Energy (service confirmation#1.85067)
Electric: Xrel Energy Larry Homan
Phone: Qwest Communications
DISTRICTS: School: Platte Valley School District RE-7 John Krisman 336-8500
Fire: Platte Valley Fire Protection District Barry Schaefer
Post: _Greeley Downtown Station Rob Foster 353-7758
I (We) hereby depose and state under penalties of perjurythat all statements, proposals,and/or plans submitted with
or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners
of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must
be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the
signatory has the legal authority to sign for thee corporation.
A7-06—
Sig�:0 er or Authorized Agent Date Signature: Owner or Authorized Agent Date
EXHIBIT
2005-2136 1
r
April 26, 2005
Weld County Planning
918 10`h Street
Greeley, Colorado 80631
RE: Minor Subdivision Approval Process
Pheasant Meadow Subdivision
PEI No. 03-033
To Whom It May Concern:
Please accept Pickett Engineering, Inc. and/or employees of same as Authorized Agents
acting on my behalf throughout the entire Minor Subdivision Application/Approval
process through Weld County's planning department with reference to the Pheasant
Meadow subdivision.
Sincerely,
Francisco Granados
Owner
Pheasant Meadow Subdivision
/FG
PHEASANT MEADOW
MINOR SUBDIVISION NARRATIVE
PICKETT ENGINEERING, INC.
PEI NO. 03-033
Section 24-3-50.C.
The land proposed for the Pheasant Meadow Minor Subdivision will be used in accordance
with those guidelines described in Section 23-3-400, labeled the Estate Zone District. This
property will be residential in a farming-community setting. Each house will have an
exquisite view of Colorado's majestic mountains. Pheasant Meadow Subdivision will
contain four (4) residential estate lots. Each lot will contain a single-family, ranch-style
home of approximately 2,000 sf. While all of the lots are generously sized, one of the lots
will include a significant amount of land that the owner may farm or ranch.
Section 24-3-50.D.
OFFICE OF THE STATE ENGINEER
• The North Weld County Water District needs to provide a water supply report or a
summary of water rights owned or controlled by the district, the yields of these rights
both in an average year and dry year, the present demand on the system and the
anticipated demand due to commitments for service entered into by the district and
the amount of uncommitted firm supply the district has available for the future.
Per the letter addressed to you from the Office of the State Engineer dated May 20,
2004, "...the proposed water supply will not cause material injury to existing water
rights and the supply is expected to be adequate. "
COLORADO GEOLOGICAL SURVEY
• Site-specific, design-level geotechnical investigations including drilling, sampling,
lab testing and analysis will be needed, once preliminary building layouts are known,
to determine alluvium thickness or depth to competent bedrock, and characterize soil
and rock engineering properties such as density, swell and consolidation potential,
bearing capacity and groundwater levels.
All lots will have site-specific geotechnical investigations.
• Recommends that individual perimeter foundation drain systems be constructed to
help prevent infiltration of perched water(if basements are determined to be feasible),
and to help control wetting of potentially collapsible or expansive soils in the
immediate vicinity of foundation elements. It is critical that the perimeter drains, if
Pheasant Meadow Minor Subdivision Page 1 of 7
March 25,2005
constructed, are sloped to discharge to an interior pumped sump or a gravity outlet
that discharges water as far as possible away from structures.
All lots will have perimeter foundation drain systems if necessary.
• There may be an issue regarding further oil and gas development immediately east of
the eastern property boundary. This issue should be settled prior to final plat
approval.
An agreement has been reached with the oil company and was submitted with the
Change of Zone submittal.
• Prospective residents should be advised and a plat note should be included informing
buyers that the oil/gas wells, separators and related equipment may be loud, may pose
a visual nuisance and will require ongoing servicing, maintenance and access via
local roads.
The note has been added to the drawing
• All wells, pumps, processing facilities and tank batteries within the residential
development should be fenced and locked, with warning signs posted to protect
residents from hazards associated with the machinery and possibly tainted soils.
Fences already exist around the wells, pumps, processing facilities and tank batteries
within the residential development.
• Per county health department regulations, individual percolation tests will be needed
on all proposed lots.
Percolation tests will be performed on all lots prior to installing individual septic
disposal systems.
PUBLIC WORKS DEPARTMENT
External Roadways
• Coordinate with CDOT the requirements for right-of-way and any improvements on
SH 37. A letter of corroboration must be provided to Public Works. The applicant,
on the change of zone plat, shall show and label the right-of-way measured from the
section line.
A CDOT State Highway Access Code "Notice to Proceed" Permit was submitted with
previous Change of Zone materials.
Pheasant Meadow Minor Subdivision Page 2 of 7
March 25,2005
r
• CR 55 is a local road requiring a 60-foot ROW. The applicant shall verify the
existing ROW and the documents creating that ROW shall be noted on the change of
zone plat.
The applicant verified the existing ROW and the document creating the ROW has
been noted on the Change of Zone Plat.
• CR 60 %z is a local road requiring a 60-foot ROW. The applicant shall verify the
existing ROW and the documents creating that ROW shall be noted on the change of
zone plat.
The applicant verified the existing ROW and the document creating the ROW has
been noted on the Change of Zone Plat.
• The applicant shall enter into an agreement with the county to proportionately share
the cost of improvements. The applicant shall submit a proposed agreement with the
final plan application.
This agreement will be included with the final plat application.
Internal Roadways
• The internal roadway ROW shall be 60 feet in width including cul-de-sac with a 65-
food radius, and dedicated to the public. The cul-de-sac edge of roadway radius shall
be 50 feet.
The Change of Zone Land Use Map is dimensioned to show that the above requested
measurements have been met.
• The applicant may consider showing the typical cross-section of interior road to be
two 12-foot gravel lanes with 4-foot gravel shoulders on the change of zone plat.
The road will be entirely graveled; therefore, the county requirement of two, 13 foot
lanes with a 1-foot clear zone is shown on the Road Plan and Profile.
• Stop signs and street name sign locations must be shown on the final roadway
construction plans.
The stop sign with street names is shown both on the Road Plans and the Change of
Zone Land Use Map.
• Intersection sight distance triangles at the development entrance will be required.
Sight distance triangles have been placed at the entrance on the Change of Zone
Land Use Map.
Pheasant Meadow Minor Subdivision Page 3 of 7
March 25,2005
• The applicant shall submit to Public Works stamped, signed and dated final plat
drawings and roadway/construction and grading plan drawings for review (with the
final plan application) and approval. Construction details must be included.
The county will receive signed and dated drawings at the time of the final plat
submittal.
• The applicant shall submit Improvements Agreements According to Policy Regarding
Collateral For Improvements with the final plan application.
The agreements will be submitted with the final plat application.
Drainage
• The 5-year storm and 100-year storm drainage studies shall take into consideration
off-site flows both entering and leaving the development.
The requested run-off information is included within the drainage report.
• The Final Drainage Report shall include a flood hazard review documenting any
FEMA defined floodways. The engineer shall reference the specific map panel
number, including date. The development site shall be located on the copy of the
FEMA map.
A copy of the FEMA map showing the FEMA-defined floodways, the panel number,
the date, and the development site are in the final drainage report.
• Applicant shall prepare a construction detail for typical lot grading with respect to
drainage for the final application.
A typical lot grading detail has been included on the Change of Zone Land Use Map.
• Final drainage construction and erosion control plans must be submitted with final
plan application.
The final drainage plan will be included with the final plat application. The erosion
control plan is included on the Road Plan and Profile.
SHERIFF'S OFFICE-DAVID TUTTLE
• Designate an area by the entrance of the subdivision in which to place a shelter for
school children awaiting the school bus. This area should also include a pull off for
the school bus.
Pheasant Meadow Minor Subdivision Page 4 of 7
March 25,2005
A school bus pull off has been placed on the west side of the entrance into the
proposed development. A shelter is not required, as confirmed by a signed letter by
the Superintendent turned-in to the Weld County Planning office on March 11, 2005
as part of the plat recording requirements.
• Either a mail distribution within the subdivision or a central drop off location within
the subdivision should be developed so that residents do not have to cross a county
roadway to obtain their mail.
A mail drop-off/collection stop has been placed on the west side of the entrance just
inside the proposed development. An approval letter signed by the post office
development coordinator was turned-in to the Weld County Planning office on March
11, 2005 as part of the plat recording requirements.
• The name of the street and address numbers within the subdivision should be
presented to the sheriff's office for approval.
We have received this information from Lin Dodge of the Weld County Planning
Department and have placed the addresses on the Land Use Map.
• A permanent sign should be placed at the entrances to the subdivision detailing the
name of the subdivision and address.
An example sign has been included on the Change of Zone Land Use Map.
• A plan should be developed to maintain roadways within the subdivision especially
during inclement weather conditions for emergency vehicles.
The HOA covenants will address the issue of roadway maintenance.
• There is an oil and gas well within this subdivision. This needs to be fenced off in
order to mitigate the potential for tampering.
Fences already exist around the oil and gas wells on the property.
RE-7 SCHOOL DISTRICT
• $750/Lot before Final Plat.
The owner has been notified and agrees to meet the request of the School District
prior to the final plat stage.
Pheasant Meadow Minor Subdivision Page 5 of 7
March 25,2005
PLATTE VALLEY FIRE PROTECTION DISTRICT
• Per a telephone conversation with Barry Schaefer, Fire Chief, on July 15, 2004, the
Platte Valley Fire Protection District requested that a fire hydrant be placed on
Pheasant Meadow Lane midway between WCR 60 '/z and the cul-de-sac.
The fire hydrant is shown both on the Road Plans and the Change of Zone Land Use Map.
Section 24-3-50.E.
Pheasant Meadow Subdivision will contain four (4) residential estate lots.
Section 24-3-50.F.
This subdivision will have one main, 1,230'-long internal road with a gravel Class 6 Base
road surface. It will contain a two-way, 26'-wide, gravel road with a 60' right-of-way. There
will be two, 13', driving lanes. Access to the existing WCR 55 (also called Highway 37) has
been closed through coordination with CDOT. The right-of-way radius at the end of the cul-
de-sacs is 65'. This allows smooth and easy turning of large fire equipment. There will be
no sidewalks, curb and gutter, valley pans, or vehicle parking, as this is a residential
subdivision in a rural setting. At the request of the school district, a school bus pull-off area
has been designated at the west side of the entrance onto WCR 60'/2. There will be 15'-wide
borrow ditches with 4:1 slopes along both sides of the southern 140' of road at the entrance.
The site naturally slopes to the south side of the property and these ditches will take the site
flows into the existing ditch.
Section 24-3-50.G.
There are two outlots proposed for this subdivision. Outlot A is on the east side of the
entrance and is 2,450 sf in size. This outlot will only be used to house the subdivision
entrance sign. Outlot B is 1.391 acre in size and is being reserved for future expansion of
Highway 37. Any necessary maintenance of the outlots will be performed by the HOA.
Section 24-3-60.I.1-16
1. Pages 1 through 3 of the Resolution to grant Change of Zone, MZ#1056, from A
(Agricultural) Zone District to E (Estate), explain all code compliance.
2. No additional plans have been made to disturb the prime agricultural land outside of
the construction of residential dwellings. The land surrounding each residence is to
be preserved in its natural state.
3. The applicant has a Water Service Agreement with the North Weld County Water
District. The agreement has been approved by the Weld County Attorney's Office.
4. The Weld County Department of Public Health and Environment has reviewed this
proposal and has indicated that the applicant has satisfied Chapter 24 of the Weld
Pheasant Meadow Minor Subdivision Page 6 of 7
March 25,2005
County Code concerning water and sewer service. Sewer will be provided by
Individual Sewage Disposal Systems (ISDS) and the overall density meets the current
Department policy. Each lot for the proposed Minor Subdivision will have an ISDS
installed per the Weld County Department of Public Health and Environment's
requirements and specifications.
5. There are no areas within this minor subdivision that involve any soil or
topographical conditions that present a hazard.
6. The designed roadway meets the Local Residential Typical Street Section Standards
of the Weld County Code. The sheriff's office, the school district, the post office and
the fire district of jurisdiction have approved the Land Use Map.
7. The access to the property is adequate for this development. Peter Schei, PE, of the
Weld County Public Works department stated in his comments to the planning
department that, "based on the proposal of limited development and apparent low
traffic impact, a traffic study is not currently required."
8. Covenants have been provided with this submittal that address the landowner's
responsibilities.
9. Lot B of Recorded Exemption #2916, being part of the W1/2 NW1/4 of Section 3,
Township 5 North, Range 64 West of the 6th P.M., Weld County, Colorado, is not
part of or contiguous with a previously recorded subdivision or unincorporated town
site.
10. No vehicle will be allowed to park on the street. Parking is covered within the
covenants.
11. No additional access will be created other than that shown on the Land Use Map and
Plat.
12. Entrance to all lots within the subdivision will only be from the internal road shown
on the Land Use Map.
13. All drainage facilities are adequate and are covered in the drainage report.
14. Pheasant Meadow Subdivision will contain four (4) residential estate lots.
15. Both the sheriff and fire district of jurisdiction have accepted this subdivision.
16. A wildlife study has been conducted to verify no adverse effect on wildlife, that land
will be preserved in its natural state, and that there are no historical landmarks or sites
within this subdivision.
Pheasant Meadow Minor Subdivision Page 7 of 7
March 25,2005
v7 vJ 5
3,1
Matte Slalley @Schools
WELD COUNTY DISTRICT RE-7
P.O. BOX 485 - KERSEY, COLORADO 80644-970/336-8500- FAX 970/336-85 I I
E.GLENN McCLAIN,SUPERINTENDENT
June 9, 2004
Picket Engineering.
808 8th Street
Greeley, CO 80631
RE: Pheasant Meadows PUD
Thank you for contacting us in regard to the Pheasant Meadows Subdivision.
The district already has a bus route that travels on road 60 '/2 from east to west. Therefore
the bus would currently pick up and drop off students at the entrance to the subdivision
and not enter the subdivision. We appreciate your foresightedness in planning the cul-de-
sac so that a bus can turnaround. This may be a need in the future if the route were to
change and need a turnaround point at this subdivision. We would appreciate widening
the entrance to Pheasant Meadow Lane in case the bus needed to pull off the road there
would be sufficient space. It might also be nice for the students if the developer were to
provide some type of shelter to protect the students from the weather while waiting for
the bus.
The Board of Education of Platte Valley School District, Weld RE-7 passed the land
dedication, cash-in-lieu policy on March 13, 2000. This policy addresses new
developments and recorded exemptions that would affect the district. Each new lot (new
residence) would be required to pay the$750 land dedication fee.
Please feel free to contact the district with any questions. 970-336-8500
Sincerely,
E. Glenn McClain Jr.
Superintendent
`9l/7/GG Seka low.. . . OCCG/ �OCIr P %
Ej- 033/ 6, 0
. -OLORADO DEPARTMENT OF TRANSP TION COOT Permit No.
STATE HIGHWAY ACCtSS PERMIT 404070
State Highway No/Mp/Side
37A/003.700/P.
Permit fee Date of transmittal Region/Section/Patrol Local Jurisdiction
0.00 08/17/2004 04/01/25 Weld County
The Permittee(s); Applicant; Ref No.2004
Francisco Granados Clayton Harrison
3434 Cody Avenue Pickett Engineering,.Inc.
Evans, CO 80620 808 8th Street
970-539-0683 Greeley, CO 80631
970-356-6362
is hereby granted permission to have an access to the state highway at the location noted below.The access shall be constructed,maintained and used in
accordance with this.permit, including the State Highway Access Code and any attachments,terms,conditions and exhibits.This permit may be revoked
by the issuing authority if at any time the permitted access and its use violate any parts of this permit.The issuing authority,the Department and their duly
appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of
the permit.
Location:
The access to be closed is located on State Highway 37,a distance of 3,677 feet north from Mile Post 3 on the east/right side.
Access to Provide Service to:
Agriculture Access-TO BE CLOSED 1 Each 100.00 %
•
Other terms and conditions:
*See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions.
MUNICIPALITY OR COUNTY APPROVAL a
Required only when the appropriate local authority retains Issuing authority.
By Date Title
(x)
Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained
herein.All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from
Initiation.The permitted access shall be completed in accordance with the terms and conditions of the permit prior to
being used.
The permittee shall notify Linda McWilliams with the Colorado Department of Transportation in Greeley at 970-350-
2147 at least 48 hours prior to commencing construction within the State Highway right-of-way.
The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to
accept the permit and its terms and conditions.
Permittae Date
(x) _ g—Z7—0
This permit is not valid until signed by a duly authorized representative of the Department.
COLORADO DEPARTMENT OF TRANSPORTATION
By Date(of issue) Title
'-N,(x) O/cri o 'L - (Q �Gr /QL/ Assistant Access Manager
Copyyc`is%%tr bution: Required: Make tgpies as h/ecessary for. Previous editions are obsolete and may not be used
1.Reglon Local Authority Inspector COOT Form#101 8/98
2.Applicant MTCE Patrol Traffic Engineer
3.Staff Access Section
•
CDOT Permit No.
COLORADO DEPARTMENT OF TRANSPORTATION
404070
SH/S/MP
STATE HIGHWAY ACCESS CODE
37A/003.700/R
NOTICE TO PROCEED Local Jurisdiction
Weld County
Permittee(s): Applicant;
Francisco Granados Clayton Harrison
3434 Cody Avenue Pickett Engineering,Inc.
Evans, CO 80620 808 8th Street
970-539-0683 Greeley,CO 80631
970-356-6362
The permittee is hereby authorized to proceed with access construction within state highway right-of-way in
accordance with the above referenced State Highway Access Permit and this Notice to Proceed.
This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits
expire one year from date of issue if not under construction, or completed. Access Permits may be extended in
accordance with Section 2.3(11)(d), of the Access Code.
Adequate advance warning is required at all times during access construction, in conformance with the
Manual on Uniform Traffic Control Devices for Streets and Highways.
All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days
from initiation. The permittee or applicant shall notify the Department prior to commencing construction as
indicated on the Access Permit.
Both the Access Permit and this Notice To Proceed shall be available for review at the construction site.
This Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as
r—appropriate.
None
� t M
Municipality or County Approval (When the appropriate local authority retains issuing authority)
By Title Date
(X)
This Notice is not valid until signed by a duly authorized representative of the Department
Colorado Department of Transportation
3y Title Ac- E , Date
'(X) ert,>._a7"�l C - �s3 f f tc- r 2;� b-c_ / /y/Q4
Copy Dis ib tion: Required 1. Region Permit tiles 2.Staff Access Section, As needed:Local Authority, E Patrol, Inspector Form 1265 8/98
...... ......,
,..._, P E
PICKETT
ENGINEERING, INC.
July 1,2004
Terry L. Stout, President
Briscoe Irrigation Company
27466 Weld County Road 62
Greeley, Colorado 80631
RE: Pheasant Meadow Subdivision
PEI No. 03-033
Dear Mr. Stout:
Per our conversations, it is our understanding that the Briscoe Irrigation Company does not own the
ditch that runs through the proposed Pheasant Meadow subdivision. We have attached a copy of
the Sketch Plan for your review.
Please sign the following statement regarding the ditch and return it in the enclosed, self-addressed,
stamped envelope so that we can meet the requirements of the Weld County Planning Department.
.--, Sincerely,
PICKETT ENGINEERING,INC.
fdgAt cazda6/tat._7L-
ubert H. Quintana II
Design Engineer
HHQ/pkg
enclosure
As the current President of the Briscoe Irrigation Company, I confirm that the Briscoe
Irrigation Company does not own the ditch on the proposed development. Furthermore, I
have reviewed the Sketch Plan for Pheasant Meadow Subdivision, and have no objections
to the development of this subdivision.
,ire,
7-sr
Terry L. St resident Date
Briscoe Irri ation Company
808 8th Street — Greeley, CO 80631
Phone (970) 356-6362 — Fax (970) 356-6486
Report Date: 03/31/2005 02:32PM WELD COUNTY TREASURER Page: 1
STATEMENT OF TAXES DUE
SCHEDULE NO: R0903801
ASSESSED TO:
GRANADOS FRANCISCO
3434 CODY AVE
EVANS, CO 80620
LEGAL DESCRIPTION:
PT W2NW4 3-5-64 LOT B REC EXEMPT RE-2916(2.27R)
PARCEL: 096303000007 SITUS ADD:
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2004 TAX 207.20 0.00 0.00 0.00 207.20
TOTAL TAXES 207.20
GRAND TOTAL DUE GOOD THROUGH 03/31/2005 207.20
ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT 0743 -
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 19.957 71.86 AGRICULTUR 12,399 3,600
SCHOOL DIST RE7 24.187 87.08
NCW WATER 1.000 3.60 TOTAL 12,399 3,600
NWC WATER 0.000 0.00
PLATTE VALLEY FIRE 2.415 8.69
AIMS JUNIOR COL 6.328 22.78
WELD LIBRARY 3.249 11.70
WEST GREELEY CONSERVATION 0.414 1.49
TAXES FOR 2004 57.550 207.20
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
r P.O. Box 458
Greeley, CO 80632
(970) 353-3845 ext. 3290
Weld County Treasurer
Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes
Due, issued by the Weld County Treasurer, are evidence of the status as of this date of all
property taxes; special assessments and prior tax liens attached to this (these) account(s).
Current year's taxes are due but not delinquent.
•
Signed: L//'J n Date: 3/30,
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLIC ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this day of ,20_,by and
between the County of Weld, State of Colorado, acting through its Board of County Commissioners,
hereinafter called "County," and Francisco Granados , 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:
A parcel of land located in the west of the northwest 14 of
Section 3, Township 5 North, Range 64 West of the 6th P.M. ,
City of Greeley, Weld County, Colorado.
WHEREAS,a final Subdivision/Planned Unit Development(PUD)Plat of said property,to be known
as Pheasant Meadow Subdivision 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 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
AA@ and AB@ 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 AA,@ 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
Page 1 of 14
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.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or
Planned Unit Development improvements listed on Exhibit AA,@ which is attached hereto
and incorporated herein by reference,according to the construction schedule set out in Exhibit
AB@ also attached hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a Subdivision or Planned Unit Development is proposed
within three miles of an incorporated community located in Weld County or located
in any adjacent county, the Applicant shall be required to install improvements in
accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards at the time the
Subdivision or Planned Unit Development is proposed, the requirements and
standards of the County shall be adhered to. If both the incorporated community and
the County have requirements and standards,those requirements and standards that
are more restrictive shall apply.
3.2 Applicant shall employ, at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and
inspect, or to require testing and inspection of material and work, at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems, water, gas, electric and telephone
services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed,
according to the terms of this Agreement,within the construction schedule appearing
in Exhibit AB.@ The Board of County Commissioners, at its option, may grant an
extension of the time of completion shown on Exhibit AB@ 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
Page 2 of 14
r
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 Off-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:
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 offsite 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
Page 3 of 14
been reimbursed by the subsequent subdivider,applicant or owner shall be submitted
to the Department of Planning Services prior to recording the Subdivision,
Resubdivision, or Planned Unit Development Final Plat.
5.5 The amount of road improvement costs to be paid by the subsequent subdivider,
applicant,or owner of a Subdivision,Resubdivision, or Planned Unit Development
using the road improvements constructed under a prior improvement agreement will
be based upon a pro rata share of the total trip impacts associated with the number
and type of dwelling units and square footage and type of nonresidential
developments intended to use the road improvement. The amount of road
improvement costs shall also consider inflation as measured by the changes in the
Colorado Construction Cost Index used by the Colorado Division of Highways. The
cost of road improvements may be paid by cash contribution to the prior subdivider,
applicant or owner, or by further road improvements which benefit the prior
subdivider, applicant, or owner's property. This decision shall be at the sole
discretion of the Board of County Commissioners based upon the need for further
off-site road improvements.
5.6 The report entitled TRIP GENERATION (Third Edition, 1982) of the institute of
Transportation Engineers shall normally be used for calculating a reasonable pro rata
share of the road improvement construction costs for all Subdivisions,
Resubdivisions,or Planned Unit Developments. A special transportation study shall
be used for land uses not listed in the ITE Trip Generation Manual. Any question
about the number of trips a Subdivision, Resubdivision, or Planned Unit
Development will generate shall be decided by the County Engineer.
5.7 The term for which the subdivider,applicant,or owner is entitled to reimbursement
under the off-site improvements agreement,entered into between the subdivider and
the County, is ten years from the date of execution? of a contract for road
improvements.
5.8 This provision is not intended to create any cause of action against Weld County or
its officers or employees by any subdivider,applicant, or owner for reimbursement,
and in no way is Weld County to be considered a guarantor of the monies to be
reimbursed by the subsequent subdividers, applicants, or owners.
6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following
procedures by the Applicant,streets within a 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 AB,@ 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 AB,@ 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.
Page 4 of 14
6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit
Development and the filing of a Statement of Substantial Compliance, the
applicant(s)may request in writing that the County Engineer inspect the streets and
recommend that the Board of County Commissioners accept them for partial
maintenance by the County. Partial maintenance consists of all maintenance except
for actual repair of streets, curbs and gutters, and related street improvements. Not
sooner than nine months after acceptance for partial maintenance of streets, the
County Engineer shall,upon request by the applicant,inspect the subject streets,and
notify the applicant(s)of any deficiencies. The County Engineer shall reinspect the
streets after notification from the applicant(s) that any deficiencies have been
corrected. If the County Engineer finds that the streets are constructed according to
County standards,he shall recommend acceptance of the streets for full maintenance.
Upon a receipt of a positive unqualified recommendation from the County Engineer
for acceptance of streets within the development, the Board of County
Commissioners shall accept said streets as public facilities and County property,and
shall be responsible for the full maintenance of said streets including repair.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One-
Hundred percent (100%) of the value of the improvements as shown in this
Agreement. Prior to Final Plat approval,the applicant shall indicate which of the five
types of collateral preferred to be utilized to secure the improvements subject to final
approval by the Board of County Commissioners and the execution of this
Agreement. Acceptable collateral shall be submitted and the plat recorded within six
(6)months of the Final Plat approval. If acceptable collateral has not been submitted
within six(6)months then the Final Plat approval and all preliminary approvals shall
automatically expire. An applicant may request that the County extend the Final Plat
approval provided the cost estimates are updated and the development plans are
revised to comply with all current County standards, policies and regulations. The
improvements shall be completed within one (1) year after the Final Plat approval
(not one year after acceptable collateral is submitted) unless the applicant(s)
requests that this Agreement be renewed at least thirty (30) days prior to its
expiration and further provides that cost estimates for the remaining improvements
are updated and collateral is provided in the amount of One-Hundred percent
(100%) of the value of the improvements remaining to be completed. If
improvements are not completed and the agreement not renewed within these time
frames, the County, at its discretion, may make demand on all or a portion of the
collateral and take steps to see that the improvements are made.
7.2 The applicant may choose to provide for a phased development by means of
designating filings of a Planned Unit Development Final Plan or Subdivision Final
Plan. The applicant would need only to provide collateral for the improvements in
each filing as approved. The County will place restrictions on those portions of the
property that are not covered by collateral which will prohibit the conveyance of the
property or the issuance of building permits until collateral is provided or until
improvements are in place and approved pursuant to the requirements for a Request
for Release of Collateral.
Page 5 of 14
7.3 The applicant intends to develop in accordance with Exhibits AA@ and AB.@ The
costs of the improvements described in Exhibit AA@ will be adjusted higher or lower
for the year and quarter in which the contemplated work is being performed based on
AThe State Highway Bid Price Index@ contained in the AQuarterly Cost Report@ of
The Engineering News-Record as published by The McGraw-Hill Companies. The
applicant has provided cost estimates for all phases of the development which will be
adjusted in accordance with The State Highway Bid Price Index at the time of
posting of collateral for each phase.
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from 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 AA@ and AB.@
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 ofCredit shall be equal to a minimum of
One-Hundred percent (100%) of the estimated costs of completing the
uncompleted portions of the required improvements,based on inspections of
the development by the issuer. In no case shall disbursement for a general
improvement item exceed the cost estimate in the Improvements Agreement
(i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the
Letter of Credit will sign the Improvements Agreement acknowledging the
agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total
Letter of Credit amount cannot be drawn upon and will remain available to
Weld County until released by Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
Letter of Credit shall be either the date of release by Weld County of the
fmal 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.
Page 6 of 14
i-. 8.2 Trust Deed upon all or some of the proposed development or other property
acceptable to the Board of County Commissioners provided that the following are
submitted:
8.2.1 In the event property within the proposed development is used as collateral,
an appraisal is required of the property in the proposed development by a
disinterested Member of the American Institute of Real Estate Appraisers
(M.A.I.) indicating that the value of the property encumbered in its current
degree of development is sufficient to cover One-Hundred percent(100%)of
the cost of the improvements as set forth in the Improvements Agreement
plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been
accepted as collateral by Weld County,then an appraisal is required of the
property by a Member of the Institute of Real Estate Appraisers (M.A.I.)
indicating that the value of the property encumbered in its current state of
development is sufficient to cover One-Hundred percent(100%)of the cost
of the improvements as set forth in the Improvements Agreement plus all
costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the
. amount specified in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for
improvements as specified in the agreement and for no other purpose and
will not release any portion of such funds without prior approval of the Weld
County Board of Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank or financial
institution.
8.3.4 If Weld County determines there is a default of the Improvements
Agreement,the escrow agent,upon request by the County,shall release any
remaining escrowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of
Colorado in an amount equivalent to One-Hundred percent(100%) of the value of
the improvements as specified in the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of
the value of the improvements.
r
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a
portion of the project by Weld County,the Applicant must present a Statement of Substantial
Page 7 of 14
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 fire
hydrants are in place in accordance with the approved plans. The letter shall indicate
if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in Sections 9.0 thru 9.5 shall be noted on the final construction
plans.
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of acceptance of the streets for partial maintenance by the County,
the applicant(s)may request release of the collateral for the project or portion of the
project by the Board. This action will be taken at a regularly scheduled public
meeting of the Board.
9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"in
the amount of fifteen percent(15%) of the value of the improvements as shown in
this Agreement excluding improvements fully accepted for maintenance by the
responsible governmental entity, special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon fmal acceptance by the
Board of County Commissioners for full maintenance under Section 5.3 herein.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a
rezoning, Subdivision or Planned Unit Development, requires the dedication, development
and/or reservation of areas or sites other than Subdivision or Planned Unit Development
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
Page 8of14
r. r,
one of the above purposes. Any area so dedicated shall be maintained by the County
or school district.
10.2 The required acreage, as determined by relevant Sections of the Weld County Code
may be reserved through deed restrictions as open area, the maintenance of which
shall be a specific obligation in the deed of each lot within the Subdivision or
Planned Unit Development.
10.3 In lieu of land,the County may require a payment to the County in an amount equal
to the market value at the time of Final Plat submission of the required acreage as
determined by relevant Sections of the Weld County Code. Such value shall be
determined by a competent land appraiser chosen jointly by the Board and the
Applicant. The cash collected shall be deposited in an escrow account to be
expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal
representatives, successors and assigns of the Applicant,and upon recording by the County,
shall be deemed a covenant running with the land herein described,and shall be binding upon
the successors in ownership of said land.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day
and year first above written.
APPLICANT:
r
APPLICANT:
r r
TITLE: Property Owner
Subscribed and sworn to before me this Z151-
day of .a 17 , 20 0 s. sq Pl/
My Commission expires: NIFER ; t
tart'Pu i ZINKoo
7(3/70(r3
OF CO .
Page 9 of 14
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board ,Chair
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
r +
Page 10 of 14
EXHIBIT AA@
Name of Subdivision
or Planned Unit Development: Pheasant Meadow Subdivision
Filing: First Filing
Location: Lot B of RE 2916, Being part of the West 1 Northwest 4 of Section 3,
Township 5 North, Range 64 West of the 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.)
Improvements Quantity Units Unit Estimated
Costs Construction Cost
Site grading
Street grading SI 7 000
Street base $28.520
Street paving
Curbs,gutters,and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch Improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage 875/lot $ 3,500
Water Mains(includes bore) ' $16,200
Fire hydrants $ 3,250
Survey and street monuments and boxes
Street lighting
Street Names $ 260
Fencing requirements $ 8,000
Landscaping $ 4,000
Park improvements
Road culvert
Grass lined swale
Telephone 4 600 $ 2.400
Gas 4 600 $ 2,400
Electric 4 2150 $ 8,600
Water transfer $ 4,000
SUB-TOTAL:
Engineering and Supervision Costs $ 25,000
(Testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 123,130
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.
Page 11 of 14
Said improvements shall be completed according to the construction schedule set out in Exhibit AB.@
By:
Applicant
Applicant
Property (timer Date: - 7 , 2@ d5
Title
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
Page 12 of 14
EXHIBIT AB@
Name of Subdivision
or Planned Unit Development: Pheasant Meadow Subdivision
Filing: First Filinv
Location: Lot B of RE 2916, Being part of the West 1 Northwest k of Section 3,
Township 5 North, Range 64 West of the 6th P.M. , 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 AA@ shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading
Street grading July 2006
Street base July 2006
Street paving
Curbs, gutters, and culverts
Sidewalk
Storm sewer facilities
�. Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines w •
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply and storage July 2006
Water mains July 2006
Fire hydrants July 2006
Survey and street monuments and boxes
Street lighting
Street name signs July 2006
Fencing requirements July 2006
Landscaping July 2006
Park improvements
Road culvert
Grass lined swale
Telephone July 2006
Gas July 2006
Electric July 2006
Water transfer July 2006
SUB-TOTAL:
Page 13 of 14
The County, at its option, and upon the request of the Applicant, may grant an extension of time for
completion for any particular improvements shown above, upon a showing by the Applicant that the above
schedule cannot be met.
By:
Applicant
Applicant
L� /
Property Owner Date: T ,20 05.
Title
(If corporation, to be signed by President and attested to by Secretary,together with corporate seal.)
M �
Page 14 of 14
AGREEMENT FOR IMPROVEMENTS FOR WCR 60.5
THIS AGREEMENT is made and entered into this day of by and
between Francisco Granados , developer of Pheasant Meadow Subdivision
hereinafter referred to as Developer", with an address of
5995 W. 26th St. , Greeley, Co 80634 , Weld County Colorado, and the
County of Weld, State of Colorado, by and through the Board of County Commissioners
of Weld County, Colorado, hereinafter referred to as "County," with offices located at
915 10th Street, Greeley, Colorado 80631.
WITNESSETH:
WHEREAS, the Developer has obtained approval for a Site Specific Development
Plan and Subdivision Final Plat for 4 lots for the Pheasant Meadow Subdn hereinafter
referred to as the "Development," and
WHEREAS, WCR 60.5 from WCR 55 to WCR 551, hereinafter referred to as
'the Road", will need paving, in part, due to the increased traffic generated by the
Development, a distance of approximately one mile, and
WHEREAS, WCR 60.5abuts a portion of the development , 4 of the lots
will need WCR 60.5 for access to the Development, and
WHEREAS, the average daily trips anticipated from the development, will
constitute 8.65percent of the traffic on the Road, and
WHEREAS, the proportional costs of paving the Road attributable to the traffic
generated by the lots in the Development using the Road, is estimated to be $1,811.25per
lot.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follow:
1. TERM
A. The term of this Agreement shall be from the date first written above
to the completion of paving the Road and final accounting by
County and payment of all land development charges by the
Developer for the 4 lots accessing the Road, or five years if
WRC 60.5is not paved.
2. OBLIGATIONS OF THE COUNTY
‘103�.,u-...:.wCamm,-w. ...N.......w..d.-r.w.a,«.... Page 1 of 4
A. Weld County plans to pave, within five years of the date first written
above, the Road at a current estimated cost of$350,000. The paving
improvements are anticipated to be for 12 foot travel lanes with 4
foot shoulders designed in accordance with generally accepted
engineering practices but the actual design shall be at the discretion
of Weld County
B. Design, construction, and maintenance of this portion of Road shall
be the responsibility by the County.
C. County must pave the roads within five years of the date first written
above or forfeit all rights to land development charges, which are the
obligation of the Developer whether already in escrow or remaining
to be paid.
D. Weld County shall perform a final accounting once paving is
complete and may collect from the escrow account (or from the
developer if the amount in the escrow is insufficient to satisfy
developers obligation ) up to 20 percent of the total cost of paving
WCR 60.5 . If additional traffic is generated prior to paving WCR
60.9 , such that the percentage of traffic generated by the
development is less than 20 percent, the County shalt adjust the
percentage charged to the developer proportionately. Any amount
which must be collected from the developer which is not paid within
45 days of final accounting shall assessed interest in the amount of 8
percent per annum.
3. OBLIGATION OF THE DEVELOPER
A. Developer agrees to pay the amount of$1,811.25 per each lot
accessing the Road. The actual amount to be determined in
accordance with paragraph 2.D.
B. The Developer agrees to escrow monies as follows At the sale of the
first lot $ 1,811.2 at the sale of the second lot $1,811.2.5 at the sale
of the third lot Si ,81.1.25, at the sale of the fourth lot$1.811.25, at-
-the-s&le-e€The-fifth loth . The escrow account shall be set up
according to paragraph 4 herein.
C. The Developer shall not be released from this obligation unless
County does not pave the road within the time frame set forth in
paragraph 2.C. herein. In no event shall Developer's obligation
o. yc.i...wddc.,..r..wt-..,,v.a.._.....�... �orr<.,". Page 2 of 4
under this Agreement exceed $ 7,245 subject to adjustment to a
higher or lower figure from the first quarter of 2004 to the year and
quarter in which the contemplated work is being performed based on
"The State Highway Bid Price index contained in the "Quarterly
Cost report" of The Engineering News-Record as published by The
McGraw-Hill Companies.
4. ESCROW AGREEMENT the terms of which will be subject to review by
the County, that provides at least the following:
A. The cash in escrow when fully funded is $ 7.245 •
B. The escrow agent guarantees that the escrowed funds will be
disbursed according to the terms of this agreement and will not
release any portion of the funds without prior written approval of the
Weld County Board of County Commissioners.
5. SEVERABILITY
If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced
without such provision to the extent that this Agreement is then capable of
execution within the original intent of the parties hereto.
6. NO THIRD PARTY BENEFICIARY ENFORCEMENT.
It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and
nothing in this Agreement shalt give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the
express intention of the undersigned parties receiving services of benefits
under this Agreement shall be an incidental beneficiary only.
7. MODIFICATION AND BREACH
This Agreement contains the entire agreement and understanding between
the parties to this Agreement and supersedes any other agreements
concerning the subject matter of this transaction, whether oral or written.
No modification, amendment, notation, renewal, or other alteration of or to
this Agreement shall be deemed valid or of any force or effect whatsoever,
unless mutually agreed upon in writing by the undersigned parties. No
�. wwC ...p....F dr._-J.... .�....J.m Page 3 of 4
Breach of any term, provisions, or clause of this Agreement shall be
deemed waived or excused, unless such waiver or consent shall be in
writing and signed by the party claimed to have waived or consented. Any
consent by any party hereto, or waiver of, a breach by any other party,
whether express or implied, shalt not constitute a consent to waiver of, or
excuse for any other different or subsequent breach.
8. NO WARRANTY.
Neither County nor Developer, by virtue of their entering into this
Agreement and upon their promises to perform the work described herein,
make warranties, either express or implied, that the improvement work
and/or maintenance of these roads meet standards other than those
generally required for counties and cities of the size and type similar to
County.
9. BINDING
This agreement shall be binding on the heirs, successors, and assigns of the
parties.
IN WITNESS WHEREOF the parties hereto have signed this Agreement this
day of , 2004.
By: •
Developer
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
Chair,
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
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Pheasant Meadow 03/30/05
Weld County off-site roadway improvements formula
I Roadway adjacent to the development.
2 Roadway/route required to meet pavement less adjacent roadway
3 Total distance development is responsible for(adjacent frontage+distance to pavement).
4 Total distance to be improved
5 - -Proportion of distance(Total distance development responsible/Total distanced to be mobilized for paving)
6 Development aadt
7 Most recent WCR aadt
8 Development proportional share(Development aadt/WCR aadt)
9 Off-site improvements cost
10 Development cost share(Off-site improvements cost'Proportion of distance'Development proportional share)
Example
1 1,230 feet
2 0 feet 8
3 1,230 feet w
4 5,280 feet o
5 0.23 share
6 39 aadt o
7 450 aadt E
i-
8 0.09 share
9 $350,000.00 dollars Cost
10 $7,245.00 dollars
4 #Lots $1,811.25 Cost/Lot
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