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Home My WebLink About20042492.tiff • RESUBDIVISION FOR REDESIGN, ADDITION, VACATION OR FINAL PLAT APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: IRECEIPT/AMOUNT# 1$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number or-©19j Ej ©"©-Q k -r n ® 1n (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 additional space is required,attach an additional sheet) Legal Description DoT';B '' "4,/,/4..A.,,, 6,s , Section aL,Township _North, Range G6West Property Address(if Applicable) - Existing Zone District: R-5 Proposed Zone District: P-5 Total Acreage: ,3,5/4/,Proposed#/Lots Average Lot Size: ?9'77 Minimum Lot Size: 630 3 Proposed Subdivision Name: Q�R fi,11-k-Ad sub FEE OWNER(S) OF THE PROPERTY(If a ditional space is required, attach an additional sheet) Name: --S.'E P\ at 4 r i-vu H 5 't' Work Phone#�j 9e- 339- 73G Home P hone# Email Address Address: P.p. Les,)( Asa City/State/Zip Code C rye ley) QL.1 45(.3--2 'LICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent) Name: Work Phone# Home Phone# Email Address Address: City/State/Zip Code UTILITIES: Water: C Ai 0-F Ev4v� Sewer: C, , 's 694 vi S � Gas: 4--- 6 iUek�y Electric: ) k Eilict2G� Phone: c W 6) s- -r DISTRICTS: School: w Q 4_ Cn►,,AL (Ars�- to Fire: M:\\_'‘V..:0 F $ra- -p eV',-,01 0 0...7-c Post: G c--4, I(We)hereby depose and state under penalties of perjury that 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 Indic ' 'g the signatpry has the local authority to sign for the ccrporatiorDf 1 (am p i t),„ Sic..P- ture: wner r uthorize Agent Date Signature: Owner orAuthcriz Agent Date ij„ i `: A- ' tl-ct---kk- roc,, AL, . /2/-34 , ExHierr J 2, 2004-2492 STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity named: JER, A Colorado Partnership 2. The type of entity is a: ❑ Corporation ❑ Nonprofit corporation ❑ Limited liability company ® General partnership ❑ Limited partnership ❑ Registered limited liability partnership ❑ Registered limited liability limited partnership ❑ Unincorporated non profit association ❑ Government or governmental subdivision of agency ❑ Business trust ❑ Trust 3. The entity is formed under the laws of Colorado. 4. The mailing address for this entity is: P.O. Box 632, Greeley, CO 80632 5. John L. Shupe, Elmer E. Lundvall and Jackie C. Moore, Partners, are authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity. 6. The authority of the foregoing person(s)to bind the entity is X not limited _limited as follows: 7. The authority of the foregoing person(s)to bind the entity is_X not limited limited as follows: 8. This Statement of Authority is executed on behalf of the entity pursuant to the Provision of Section 38-30-172,C.R.S. Dated this3cS day of December, 2003. - John hupe Elmer E. Lurpelvall ie C. Moore k e 1 STATE OF COLORADO ) SS COUNTY OF WELD The foregoing was acknowledged before me this 3n1 day of December 2003, by John L. Shupe. \\\\\\o 1111 n m/1/4/i Witness by my hand and official seal. 1. C4' NI ZS �_G 1J °TAHttit k •`�.c term to expire Nota ublic = m My commission expires: v .. LSL'o O STATE OF COLORADO ) h ,� oa ot°,SS COUNTY OF WELD The foregoing was acknowledged before me this day of December 2003, by Elmer E. Lundvall. tuC'Iw• r,� Witness by my hand and official seal. ,` � ,: ""'•••. s( ` ,, ) .G ' AS Ch L��Zc�� Note Rublic ; •"'�� =•• ALBLio o v My commission expirm: m to expire //''/„°F COQ'°PP\\\\ 3/2/2005 STATE OF COLORADO ) ) SS COUNTY OF WELD The foregoing was acknowledged before me this 3 faday of December 2003, by Jackie C. Moore. Witness by my hand and official seal. Notary. ublic My commission expires: TJ0..n . 3C), 2 Hill-n-Park Lot B Each lot in the subdivision shall be occupied for single-family residential purposes. The dwelling shall be either a conventional fixed location home constructed on the lot, or manufactured home (as defined in Amended Section 10.1.M of Weld County Ordinance No. 89-DD). Total number of lots = 13 (plus a detention pond) The proposed road system for this subdivision is a dead end street with a standard Cul- de-sac at its end. The road surface will be asphalt pavement with concrete curb, gutter, and sidewalks. The asphalt is proposed to be 3" thick over a 6" road base material. The "dead end" road length is within Weld County Standards. The subdivision is proposed to use standard roll over type curbs with an attached 4' wide sidewalk. On street parking will not be permitted The drainage pond will be owned and maintained by the "Lot B, Hill N Park Subdivision Property Owners Association". The domestic water system for this subdivision will be provided by connection to the City of Evans public water system. The ability to provide adequate fire flows was confirmed with field measurements in association with the City of Evans fire department. The Fire protection district that will serve this subdivision is the Milliken Fire district. The public water system improvements have been designed to meet the City of Evans design standards. The total annual design volume of water consumption is estimated at 2,965,625 gallons, 9.1 acre feet, for this subdivision. Domestic wastewater disposal will be provided by the City of Evans public sewer system. The proposed sewer system has been designed in accordance with the City of Evans standards. Design daily flow of wastewater -4,900 gallons per day Design peak flow of wastewater - 14.6 gallons per minute - 0.33cfs WELD COUNT . ROAD ACCESS INFORMATION b.tEET Road File#: Date: /1/3/24)433 RE# : Qrher Case#: Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970)356-4000, Ext.3750 Fax: (970)304-6497 1. Applicant Name O"- -k.. P4 RT4JF_R S.'/p Phone 92C?- 3 j(2- 9.3 O Address Az. ,/icx 63,2 City6;,eecL�y State Cc Zip f'O6,z,.,Z 2. Address or Location of Access .o j t43 1/.//-4/-/4aail4 S us,) 'L ,S,aN Section a(o Township Sri/ Range 4 u Subdivision/,�.i/ti0F,'i Block Lot f ' Weld County Road #: )1f.M•4-P OR Side of Road S Distance from nearest intersection /-p ' 3. Is there an existing accesses to theproperty? Yes ��'( ) X Na #of Accesses 4. Proposed Use: _ O Permanent O Residential/Agricultural O Industrial O Temporary p31. Subdivision O Commercial 0 Other 5. Site Sketch • Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil &Gas YOSEMITE DRIVE Dol&' = Ditch Road _ ! = House r O = Shed 132 J POHO NI . , p 72 n \ Y U p „ EVEREST COURT 4 w.+ S 10 9 8 7 6 LOT'S' 49TH STREET OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions 0 Installation Authorized 0 Information Insufficient Reviewed By: Title: -10- FEB-20-2004 FR; 09:23 AM ^ FAX NO. P. 01 Report Date: 02/20/2004 09:23AM WELD COUNTY TREASURER Page: 1 r STATEMENT OF TAXES DUE SCHEDULE NO: R2651386 ASSESSED TO; JER C/O DSCO P.O. BOX 1447 GREELEY, CO 80i:32-1447 LEGAL DESCRIP1ION: HP-B LOTS HILL-N-PARK SUB PARCEL: 095926308001 SITUS ADD: TAX YEAR CL.ARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2003 TAX 576.36 0.00 0.00 0.00 576.36 TOTAL TAXES 576.36 GRAND TOTAL DUE GOOD THROUGH 02/20/2604 576.36 ORIGINAL TAX 01LLING FOR 2003 TAX DISTRICT 0634- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 21.474 :443.89 VACANT LAN 23,100 6,700 SCHOOL DIST#6 46.453 311.24 _._- ----_____- NCW WATER 1.000 6.70 TOTAL 23,100 6,700 MILLIKEN FIRE 5.803 ' 38.88 MILLIKEN FIRE 6;.`ND 1.308 8.76 HILL N PARK SAN 0.000 0.00 AIMS JUNIOR CC! 6.322 42.35 WELD LIBRARY 240 21.77 WEST GREELEY CONSERVATION 0.414 2.77 TAXES FOR 200 i 86.074 5;6.36 ' ALL TAX LIEN SALE!'.MOUNTS ARE SUEJECT TO L>IANGE L' '-TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISIN",AND DISTRAINT WARRANT FC=S, CHA'‘.i+E:tMAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FU.LOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES•AUGUST 1, REAL PROPERTY- ',IGUST 1. TAX LIE:.SALE REDEMP':!UA AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, go 8063:: (970)3534845 ext. 3290 FEB-20-2004 FRI 09:24 AM ^ FAX NO. P. 02 Weld County Treasurer Prusuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, arc evidence of the cunent 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 arc due but not delinquent. /. Signed: i�Gli�id 17L� Date: 4010 ,L1 Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account*: R2651386 Parcel#:095926308001 Tax Area: 0634 Bordering County: Acres: 3.5 Township Range Section Quart.Sec, Subdivison Name Block#Lot# 05- 66- 26 - 3 HILLNPARK- -B Owners Name &Address: Property_Address: J E R Street: C/O DSCO City: P.O. BOX 1447 GREELEY,CO 80632-1447 Business/Complex: Sales_SVmmary Sale Date Sale Price Deed Type Reception# $0 Leg0 Description HP-B LOT B HILL-N-PARK SUB Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Unplatted 0520 Acres 3.5 Land Subtotal: 3.5 $23,100 $6,700 No Buildings on Parcel http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=09592... 06/04/2004 July 29, 2004 Michelle Martin Weld County Department of Planning Services 1555 N. 17th Avenue Subject MJF-1062—Lot B Hill-n-Park City of Greeley Comments Michelle: I spoke with Kay Eyl concerning the comments she submitted to you. Most of her concerns went away when she learned that these lots would not be occupied by mobile homes. The items were addressed as follows: Lots adjacent to an arterial should be 150' in length—I explained that there was no way to meet this suggested change with reducing the number of lots to a point that the project would not be fiable. She understood and commented that in this case fencing or buffering adjacent to the arterial was definitely desirable. Sidewalk suggested to b 5' wide—We agreed that the sidewalk will be redesigned to the 5' width. Two parking spaces and storage unit comments dropped after learning that lots were not to be occupied by mobile homes. Suggested Type B Buffer yard— indicated that in addition to the high expense of a Type B Buffer that the buffer would interfere with proposed utilities along lots adjacent to 49th Street, but that we would be willing to construct a 6' privacy fence. Kay accepted this compromise as being adequate in this situation. Addional Right of Way for 49th Street—We will be deeding and additional 10' of right of way to the City of Evans so that 60' from the section line to the lot lines will be achieved. Sincerely, Michael Thomas IMPROVEMENTS AGREEMENT ACCORDING T POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this 3 Fc\,day of rTh, K ' (?rr�h er,20 0 7 by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, C 1'�hereinafter called "County," and —3E.-a r Q ��ar 5t;0 , 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: -.07 )y:i7 - ATA See d•' U<Sra,/ WHEREAS, a final Subd�ivision/P�}lan)n�e�d Unit Development (PUD) Plat of said property, to be known as Rep/q I-tCJa-T ':43^ /./,//,., 4er/'S. Sc,F5has 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 "A"and"B" of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat, the parties hereto promise, covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish,at its own expense, all engineering services in connection with the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit "A," which is attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs,plans and profiles,estimates,construction supervision,and the submission of necessary documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit Development to the County for approval prior to the letting of any construction contract. Before acceptance of the roads within the Subdivision or Planned Unit Development by the County, Applicant shall furnish one set of Revised 07/01/2002 1 M:\WPFILES\WENDI\APUBLIC 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"A,"which is attached hereto and incorporated herein by reference, according to the construction schedule set out in Exhibit"B" also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a Subdivision or Planned Unit Development is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the Subdivision or Planned Unit Development is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards,those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ,at its own expense,a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said Subdivision or Planned Unit Development improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit"B." The Board of County Commissioners, at its option,may grant an extension of the time of completion shown on Exhibit"B"upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of Revised 07/01/2002 2 M:\WPFILES\WENDBAPUBLIC • every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County. on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 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 off-site improvements. - The total vehicular trips to be generated at build-out by the Subdivision, Resubdivision,or Planned Unit Development,as specified by the ITE Trip Generation Manual, or by special study approved by the Board of County Commissioners. A time period for completion of the off-site improvements. - The terms of reimbursement. - The current address of the person to be reimbursed during the term of the agreement. Any off-site improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements. 5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement,the opportunity to obtain reimbursement under this section is forfeited. 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a Subdivision, Resubdivision, or Planned Unit Development will use a road improvement constructed under an improvements agreement, the subsequent subdivider, applicant, or owner shall reimburse the original subdivider, applicant, or owner, for a portion of the original construction cost. In no event shall the original subdivider, applicant,or owner collect an amount which exceeds the total Revised 07/01/2002 3 M:\WPFILES\WENDAAPIBLIC cost of improvements less the pro rata share of the total trip impacts generated by the original development. Evidence that the original subdivider,applicant,or owner has been reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the Department of Planning Services prior to recording the Subdivision, Resubdivision, or Planned Unit Development Final Plat. 5.5 The amount of road improvement costs to be paid by the subsequent subdivider, applicant,or owner of a Subdivision,Resubdivision,or Planned Unit Development using the road improvements constructed under a prior improvement agreement will be based upon a pro rata share of the total 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, 19821 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"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 Revised 07/01/2002 4 MBWPFILESIWENDI\APUBLIC 1 of work on the Subdivision or Planned Unit Development improvements in that phase of the development are satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a Subdivision orPlanned 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 Nat 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 approvalUnot 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 Revised 07/03/2002 • 5 id:\W ?ILES\WENDI\APUBLIC property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B." The costs of the improvements described in Exhibit"A"will be adjusted higher or lower for the year and quarter in which the contemplated work is being performed based on"The State Highway Bid Price Index"contained in the "Quarterly Cost Report" of The Engineering News-Record as published by The McGraw-Hill Companies. The applicant has provided cost estimates for all phases of the development which will be adjusted in accordance with The State Highway Bid Price Index at the time of posting of collateral for each phase. 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from 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 arid Exhibits "A" and"B." 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times, the unreleased portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent (100%) of the estimated costs of completing the uncompleted portions of the required improvements,based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement(i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final fifteen percent (15%), or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event,the Letter of Credit shall remain in full force and effect until after the Revised 07/01/2002 6 MAWITILESNWENDAAPUBLIC 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 Cleric to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.I.)indicating that the value of the property encumbered in its current degree of development is sufficient to cover One-Hundred percent(100%) of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County,then an appraisal is required of the property by a Member of the Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current state of development is sufficient to cover One-Hundred percent(100%)of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 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. Revised 07/01/2002 7 M:\WPFILES\WENDI\APURLIC - I� 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 n Engineer registered in the State ofColorado 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 he submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in Sections 9.0 thru 9.5 shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of acceptance of the streets for partial maintenance by the County, the applicant(s)may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral" in the amount of fifteen percent(15%) of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final acceptance by the Board of County Commissioners for full maintenance under Section 5.3 herein. 10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a rezoning, Subdivision or Planned Unit Development,requires the dedication, development and/or reservation of areas or sites other than Subdivision or Fanned Unit Development Revised 07/01/2002 8 MAWPFILES\WENDIWPUBLIC streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance with one of the following alternatives, or as specified in the Planned Unit Development plan, if any: 10.1 The required acreage, as may be determined by relevant Sections of the Weld County Code,shall be dedicated to the County or the appropriate school district,for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage,as determined by relevant Sections of the Weld County Code may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the Subdivision or Planned Unit Development. 10.3 In lieu of land,the County may require a payment to the County in an amount equal to the market value at the time of Final Plat submission of the required acreage as determined by relevant Sections of the Weld County Code. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives,successors and assigns of the Applicant,and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WITNESS'WHEREOF,the parties hereto have caused this A ement to be executed on the day and year first above written. • let &C r : "C -' APPLIC ✓ > ��1��-- APPLICANT:\---7211-c 1I1LE: \CAS nerS Subscribed and sworn to before me this 1_day of1)LC.Y.4Y1Qir , 20 CS. My Commission expires: J� .f '"4 Notary Publa 3c\n, 30 .7cc Revised 07/01/2002 9 M:\WPFMES\WENDMPUBLIC • li' 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 • Revised 07/01/2002 10 M:\WPFILES\WENDI\APUBLIC EXHIBIT"A" • • Name of Subdivision i n or Planned Unit Development: Re \41+ ,,,= 1_t,-+ '71) ltd.. k 516 d,0.-s,' n Filing: Location: S k) liy/ $a c ,3-6 .7-5'L i i . C k/ ! ' POI Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this S ubdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply.) . irwtovements Quantity Units Unit Estimated Costs Construction Cost . Site grading 4300 Cy ,7,So Jo .9 S,- oe, Street grading / Lu,l1$' 1. a7G27.av �) 6'70 ,00 Street base 36 0 C y o-00 3�mad , ePo Street paving �Z6p Ica 3$.47e 9) 8uo i o0 Curbs,gutters,and culverts ?se) Lam- 6, Sv cg. _n 95- v0 Sidewalk 76O c_4.-. ,4,ea 9, eoa , Oes Storm sewer facilities L a U .LA- "..e. s4;&?- ea__ Retention ponds / L,.,,,"5,,-4 :Moo .00 --- ___3, B a-a ,v o Ditch Improvements Subsurface drainage - Sanitarysewers 596' Li c.2 ).00 II) 9bo,00 Trunk and forced lines i-. -- 1 __, Mains Laterals(house connected) /3 c A Y. n.Qn ,_8 So, too On-site sewage facilities T On-site water supply and storage Water Mains(includes bore) t_ q LF' . , ,a, 0, ro7 .,aa Fire hydrants ,;Z 5* ...4,Am,,c 5i /�01470 Survey and street monuments and boxes / Lein,5.;»,,,, 14o.z.,, ii r„C, • ao Street lighting / S"A- d6-2$.ec, ,954, . , Street Names S;41 pi 5 J - 1N,ry?5,...ell - '1G2. 70 d,fin Fencing requirements --v Landscaping 4• - Park improvements Road culvert Grass lined sware - Telephone t 3 Z-.4 lO,CD — _I 34 .o0 Gas / �= .150_.no 5Q • can Electric - ----- _ _ i' Lc14 ,,. .��a . o Water transfer _ SUB-TOTAL: —_ -- __. � I — I 8 e /a I,O 0 __ Engineering and Supervision Costs $ '7/ 0-5 o . (Testing,inspection,as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF TheROVEIVIENTS AND SUPERVISION $ 5J/ / 7/ Revised D7/01/2002 11 M:IWPFILESIWENDIIAPUBLIC 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 impr ments shall be completed according to the construction schedule/�� set out in Exhibit"B." 11C t ( , Applicant NC) L rl 1► .�('1 n _-./` Jb1C.f� Date: _ � , 20 3. Title (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) • Revised 07/01/2002 12 M:\WPFILES\WENDLAPUBLIC EXHIBIT"B" .-•• Name ofSubdivision d /� / or Planned Unit Development: R 114+ cc- ��T "8¢ f -,t,-Ar.k 1L el Ora• Filing: _ Location: S + �>;C a G 7'S ti' R G,G v6 AP./Pi All improvements shall be completed within 1 years from the date of approval of the final plat. Construction of the improvements listed in Exhibit"A"shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading A2/0//o Street grading Street base _________. Street paving Curbs, gutters,and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and force_d lines Mains Laterals(house connected) On-site sewage facilities On-site water supply and storage Water mains Fire hydrants Survey and street monuments and boxes Street lighting Street name signs Fencing requirements Landscaping Park improvements Road culvert Grass lined swale _ Telephone Gas • Electric Water transfer SUB-TOTAL: Revised 07/01/2002 13 M:IWPFILESIWENDIIAPUDLIC 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 sche a cannot be met. oi*Tati, —4( Applic J` Applicant • Q.Date: � �._ , 20 C 6. Title (If corporation,to be signed by President and attested to by Secretary, together with corporate seal.) • r-• • • Revised 07/01/2002 14 M:\WPPILES\WENDRAPUHLIC Hello