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Home My WebLink About20042058 RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS(PUBLIC ROAD MAINTENANCE),AUTHORIZE CHAIR TO SIGN,AND ACCEPT COLLATERAL FOR PLANNED UNIT DEVELOPMENT, #552 -WILLIAM AND DELORES ROBERTS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,on July7,2004,the Department of Planning Services staff approved a Planned Unit Development for 10 residential lots with E (Estate) Zone uses, PF #552, for William and Delores Roberts, c/o Todd Hodges, Todd Hodges Design, LLC, 1269 North Cleveland Avenue, Loveland, Colorado 80537, on the following described real estate, to-wit: Lots A and B of Recorded Exemption 2342;being part of the SE 1/4 of Section 30,Township 6 North, Range 66 West of 6th P.M., Weld County, Colorado WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and William and Delores Roberts, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Escrow Agreement dated July 15, 2004, from Weld County Title Company, in the amount of$656,552.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said collateral,as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Improvements Agreement According to Policy Regarding Collateral for Improvements(Public Road Maintenance)between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County, and William and Delores Roberts, be, and hereby is, approved. BE IT FURTHER RESOLVED that the Escrow Agreement dated July 15, 2004,from Weld County Title Company, in the amount of$656,552.00, be and hereby is, accepted. 2004-2058 PL1640 IMPROVEMENTS AGREEMENT - WILLIAM AND DELORES ROBERTS PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 21st day of July, A.D., 2004. 1E 1,4) BOARD OF COUNTY COMMISSIONERS • WELD COUNTY, COLORADO 361 (itn .�/1L 126711- EXCUSED °"'t` ` Robert D. Masden, Chair ® : la_ • lerk to the Board Qua "�-,, •� ��►� • William H. ke, Pro-Tem BY: Deputy Clerk to the Board M. eile APP D AS : c David . Long n Atto n Glenn Vaa Date of signature: e oy 2004-2058 PL1640 MEMORANDUM WI To: Board of County Commissioners COLORADO Date: July 19, 2004 From: Kim Ogle, Planning Manager -' Subject: Acceptance of an Escrow Agreement via Weld County Title Company, for Bracewell PUD, case number PF-552 William & Delores Roberts, Applicants On July 16, 2004, the Clerk to the Boards Office received an Escrow Agreement via Weld County Title Company, for Bracewell PUD, case number PF-552 in the amount of six hundred fifty six thousand five hundred fifty two (656,552.00) dollars and no/100s. Items covered under this Escrow Agreement include: Street Grading Spring 2005 $ 89,970.00 Street Paving and Base Spring 2005 $ 137,250.00 Mains Spring 2005 $ 209,960.00 Street Name Signs Spring 2005 $ 50.00 Landscaping Spring 2006 $ 53,000.00 Grass Lined Culvert Spring 2005 $ 5,250.00 Site Utilities Spring 2005 $ 45,000.00 Miscellaneous Spring 2005 $ 20,000.00 Windsor School District Spring 2005 $ 12,000.00 Warranty Collateral $ 84,072.00 Total Estimated Cost of Improvements and Supervision $ 656,552.00 The Weld County Attorney, the Department of Public Works and the Department of Planning Services, have determined that the amount of the agreement will be sufficient to complete the work required for Bracewell PUD, and the Department of Planning Services recommends acceptance of this Escrow Agreement.. M:\wpfles\ogle\kim\collateral\PF 633_0.wpd SERVICE,TEAMWORK,INTEGRITY,QUALITY 2004-2058 069 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) sr THIS AGREEMENT,made and entered into this o?/— day of Clu/q/ ,2069 by and between the County of Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter called"County,"and William It and Dolores A. Roberts ,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: Lots A and B,Recorded Exemption RE-2342,located in part of the SE4 Section 30,Township 6 North,Range 66 West of the 6th P.M., Weld County,Colorado. WHEREAS,a final Subdivision/Planned Unit Development(PUD)Plat of said property,to be known as Bracewell Planned Unit Development 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 "A" and "B" of this Agreement. NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat,the parties hereto promise,covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in connection with the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit "A" which is attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado,and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs,plans and profiles,estimates,construction supervision,and the submission of necessary documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit Development to the County for approval prior to the letting of any construction contract. Before acceptance of the roads within the Subdivision or Planned Unit Development by the County, Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the County. 1111111 11111 111111111111 11111 III 1111111 III 1111111111111 3208069 08/11/2004 12:17P Weld County, CO 1 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder �vo y�arid' 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 temps of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits,actions or claims of every nature and description caused by,arising from,or on account of said design and construction of improvements,and pay any and all judgments rendered against the County on account of any such suit,action or claim,together with all reasonable expenses and attorney fees incurred by County in defending such suit,action or claim whether the liability,loss or damage is caused by, or arises out of the negligence of the County or its officers, agents,employees,or otherwise TIED 11111111111111111 11111 III 1111111 III 11111 IIII IIII ..�.� 3208069 08/11/2004 12:17P Weld County, CO 2 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 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. 11111111111111111111111111111III1111111 III 11111IIII IIII .._..1„,m 3208069 08/11/2004 12:17P Weld County, CO 3 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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"B" but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit"B" and may continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit Development improvements in that phase of the development are satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit Development and the filing of a Statement of Substantial Compliance,the applicant(s) may request in writing that the County Engineer inspect the streets and recommend that the Board of County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of 1111111 1111 111111 11111 III 1111111 III 111111111 IIII a.�..X•12.o 3208069 08/11/2004 12:17P Weld County, CO 4 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 firm 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) war 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 remaininz improvements are updated and collateral is provided in the amount of One-Hundred percent O00%)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. 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 11111111111111111111111111111III1111111III1111111111111 ._..� 3208069 08/11/2004 12:17 Weld County, CO 5 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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"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 estimatr in the Improvements Agreement (i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that fifteen percent(15%)of the total letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final fifteen percent (15%), or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that,in any event,the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the proposed development is used as collateral,an appraisal is required of the property in the proposed development by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current 1111111 11111 111111111111 11111 III 1111111 .....,.,403, 3208069 08/11/2004 12:17P Weld County, CO 6 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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%)ofthe 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, chaff release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to One-Hundred percent(100%)of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County,the Applicant must present a Statement of Substantial Compliance from an Engineer registered in 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. 111111111111111111111111111111111111111111111111011111 . _. 3208069 08/11/2004 12:17P Weld County, CO 7 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 ofthe project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by'Warranty Collateral"in the amount of fifteen percent(15%)of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity,special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final acceptance by the Board of County Commissioners for full maintenance under Section 5.3 herein. 10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a rezoning, Subdivision or Planned Unit Development, requires the dedication, development and/or reservation of areas or sites other than Subdivision or Planned Unit Development 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 resti ictions 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. 11111111111111111111111111111III1111111III111111111111 .� 3208069 08/11/2004 12:17P Weld County, CO 8 0l 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 and year first above written. APPLICANT: APPLICANT: ��y�y7Q,p 4 �� TITLE: Subscribed and sworn to before me this c?33 day of ibra ,,Y20O1". My Commission expires: an/kil/ c . ‘ 1 ia2°o(P Notary Public t: :J.9.114),;‘‘, i • j S 7 J IItIcy L. .L \G Opp tt�,* �l ,oPQ. ' tt`;O"Cp`_ My Commission Fires 31112006 1111111 3208069 08/11/2004 12:17P Weld County, CO 9 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 9 of 14 I4.! 4 akir i��u c WELD COUNTTY CO COMMISSIONERS RADo diN (t t ' ' , ® ' !� �' Ierkto the Board William H. Jerke, Chair Pro-Tem Jul_ 21 2004 • uibi \ � tei -Deputy Clerk tom a APPROVED AS TO FORM: Co tyA ey HBO 11111 MIAMI 11111 III 1111111 III IIIIII III IIII 3208069 08/11/2004 12:17P Weld County, CO 10 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 10 of 14 EXHIBIT"A" Name of Subdivision or Planned Unit Development: Bracewell Planned Unit Development Filing: I oration: Lots A and B.RE-2342,located in part of the SE4 Section 30,Township 6 North,Range 66 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 Ouantitv Units Unit Estimated Construction Costs Cost Site grading Street grading $89,970.00 Street base Street paving—Includes Street Base $137,250.00 Curbs,gutters,and culverts Sidewalk Storm sewer facilities Retention ponds Ditch Improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains $209,960.00 Laterals(house connected) On-site sewage facilities On-site water supply and storage Water Mains(includes bore) Fire hydrants Survey and street monuments and boxes Street lighting Street Names 1 Sign $50.00 $50.00 Fencing requirements Landscaping $53,000.00 Park improvements Road culvert Grass lined swale and Culvert $5,250.00 Telephone $45,000.00 Gas—Included in Telephone item Electric—Included in Telephone item Water transfer Miscellaneous SUB-TOTAL: $20,000.00 $560,480.00 11111111/1 IIIII 111111111111 It RINI 111111111E III III 3208069 08/11/2004 12:17P Weld County, CO 11 of 14 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder Page 11 of 14 Engineering and Supervision Costs$ (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 $ The above improvements shall be constructed in accordance with all County requirements and specifications,and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said improvements shall be completed ding to the construction schedule set out in Exhibit AB.@ By:!�ai� � �� Applicant VV _ac"--(O-7t2 Applicant O4) Date: 5/-e? 3- 20 i 7 . Tide (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) HIED 11111 111111111111 11111 III 1111111 III IIIIII III IIII 3208069 08/11/2004 12:17P Weld County, CO 12 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Pave 12 of 14 EXHIBIT"B" Name of Subdivision or Planned Unit Development: Bracewell Planned Unit Development Filing: Location: Lots A and B,RE-2342,located in part oft SE4 Section 30.Township 6 North,Range 66 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"A"shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading Street grading Spring,2004 Street base Street paving Spring,2004 Curbs,gutters,and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Spring,2004 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 Spring,2004 Fencing requirements Landscaping Spring,2006 Park improvements Road culvert Grass lined swale Spring,2004 Utilities Spring,2004 Water transfer SUB-TOTAL: 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. 1111111 111111111111 11111 I I 11111111 I I 1111111 III 1101 1'14 3208069 08/11/2004 12:17P Weld County, CO 13 of 14 R 0.00 D 0.00 Steve Moreno Clerk& Recorder By pplicant 2t t Applicant �A)Nee— Date: y.?7 ,20 d/. Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 111111111111 11111 1111111 VIII III 1111111 MIN III IIII 3208069 08/11/2004 12:17P Weld County, CO f 14 14 of 14 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 08/26/2862 13:27 19706866 .♦ ROBERTS PAGE 02 P.O.Box 2150 Ilit doelsy.CO 80832 3028 40 Awns(80631) -6057 HALL-SRWIN FM (970)98287B4 CONSTRUCTION DIDIVISION To: Bay Roberts Date:August 20.2002 — Project: Roberts Properly PUD Reference: RMC Drainage Piand Dated 5/28102 RMC Preliminary Lot Layout Dated 2112/02 Preliminary Budget The following estimate is for project evaluation purposes only. Final pricing to be determined from approved final drawings Phase De:caption Lots Cost/Lot Extension Phase 1 1 preconeeucton Costs 10 S - $ - 1 General Conditions 10 $ 2.082 $ 20.620 — 1 Earthwork 10 S 6.935 $ 69,350 1 Sanitary Sewer 10 $ - $ - 1 Potable Water 10 $ 20.996 S 209,980 1 Non-Potable Water 10 $ - $ - 1 Storm Drainage 10 $ 525 a 5,250 1 Crab,Gutter&Sidewalk 10 $ - $ - 1 Roadways 10 $ 13,725 S 137,250 1 Dry Utilities 10 $ 4,500 $ 45,000 1 Landscape&Irrigation 10 $ 5.300 $ 53.000 1 Miscellaneous 10 $ 2,000 S 20,000 Phase 1 Total 10 S 58,043 $ 560,430 Project Total 10 $ 56,043 $ 860,430 Roberta Property Budget 06-22-02 1 Orb &22/02 4:58 PM 08/26/2002 13:27 19706866. + ROBERTS PAGE 03 4 HALL-ZRM/IN $$$$$$Yeti.* 6666666w Protect: Roberta Preperb PUD Deb: August 20.2002 Phase: 1 Lob: 10 Location: G uutsy,coons mans: ItINCPrebnimuy Lot land Dated 2/12102 MC Proposed Drainage Plan Dated&20101 Client: DSy Roberts Pala Dosaiption Quantity US Cost Extension Comments 1 Precombustion Cab 1 Planning 1 Engineering 1 Land Acquisition _ 1 Eminsaring 1 MMYelbo 1 Subtotal Preanaeuetion Costs 10 lob $ - $ - 1 ONO Cartel m 1 PamlWfae 10 lots $ 50.00 S 500 1 Irkpeelten Peso 10 lob 6 100.00 $ 1,000 1 Surveying 10 lob $ 650.00 5 5,500 1 MsWSs Testing 10 lots $ 350.00 S 3.500 1 Project tAsnmer 44 day $ 100.00 1 4.400 — 1 PigottSupeMbrvlent 44 day $ 50.00 $ 3.520 1 Ttaeli Removal 2 urn $ 500.00 $ 1,000 1 Panel.ThOel 2 mo $ 100.00 $ 200 1 Subtotal General Conditions 10 lets $ 2,082.00 $ 20,920 1 EartleMorb 1 Earthwork Mobilization I is $ 5,000.00 S 5,000 1 Slt fence 3,000 W S 1.50 $ 4,500 1 vrs Tracking Pad 1 e1 S 900.00 $ 900 1 Straw Bets8aMers 6 ea $ 150.00 S 900 1 Nat Filters - as 1 Clearing 11 Gnbbi g acre 1 Derro00on 1 Is $ 5.000.00 $ 5.000 1 amp Topsol 8 Place at Sack of Lots 4,600 cy $ 1.25 $ 5,750 Roadway only — 1 Cut b FU 8 Compact 15,000 cy $ 125 $ 16.750 Roednay only 1 BbciGls Sirs Materiel On Sts ty 1 Import FS Malarial ay Mourne ake balance 1 Plata and Compact imported FS Material cy 1 Fine(trade For Roadways 7,000 sy S 1.10 S 7,700 Assume 24'asphalt Wldm 1 Fine Grade For Gab a Guitar 11,000 8 5 1.10 $ 12,100 No Gab-Swale only 1 Pile Grade Fat DetWied Sidewalks 5 i Fins Grads For Lola kris Mame m lot gredng 1 Dance Staab Fo9nwin laity Coast 7,000 sy $ 125 $ 8,750 1 Subtotal Earthwork 10 lob 5 5.985 5 69,380 1 Serdtely Sewer"ISM WS,as Orly 1 Tie To Existing Manhole es 1 Ta To Ebbing Stub ea RWbr Papery mo rtal-2SM Piss 2 e "ram Ias PM 08/26/2002 13:27 19706866...4 ROBERTS PAGE 04 Phase Deacrp$o9 Quantity UM Coat Extension Crest t ram 36 Sanitary Server Main 6 I to-KIR 36 Srdbry Sewer Alvin 6 I 21'$OR 35 88ebry Swab Mab n 1 4'Smiley tMSn ein - tf 1 48'Sankey Set Manhole as 1 Clay Cula6 Were - as 1 6'x 4'Sanitary Sewer Gawks - lob 1 10 x4'Brxbry Sever Bevies iota 1 21'x 4 Seeley Sewer%uviee Iota 1 Udetree Service lab 1 traffic Contra.Bsrricsdes days 1 Trask Cato',Flagging days 1 Asphalt 8001812 ay 1 804/0050 Sanitary Same 10 lets $ - $ 1 Potable Water'yawn t wet Tap Siang Water Main 1 ea $ 4.500.00 $ 4.500 I Tie To Elating Water Main Stub as 1 fr DIP Clan 61 WOW Main 80 If $ 19.00 $ 1,620 .._ 1 If C-900 Potable WabeMob 6.500 $ $ 21.00 $ 115,500 1 tr C-900 Potable watr Men 6 1 16'C-900 Pebble Watr Main ti 1 r MJ 11-1M Bed 6 as $ 260.00 $ 1,560 1 8'MJ 22-1/2 Bed 8 ea $ 260.00 $ 1,560 1 e'MJ 45 itene ea 1 6'MJ90Bend ea 1 r MJ Crate se I 6'MJ Plug 2 ea 6 100.00 $ 200 1 6'MJ Tae 1 ea $ 366.00 $ 385 1 r x 8"MJ Fire Wytrent Tee 4 ea 5 390.00 $ 1.680 1 1r MJ 11-1/4 Bed ea 1 1r MJ 22-1/2 Band as 1 1r MJ 46 Bed ea 1 1rMJ90Bend ea t 1r MJ Mc as 1 12MJ Tee se 1 12xrMJ Grose as 1 /rx6'MJ Tea as 1 1r x r Reducer ea 1 16'MJ 11-1M Bend ea 1 16'MJ 22-1n Bed as 1 16'MJ 45 Band ea 1 16'MJ 90 Rand ea 1 16'MA Plug ea 1 16'MJ Tee ea 1 181x 8"MJ Crow es ._ I 16"x8'MJ Tee ea 1 16-x8-Fire My iant Tee es 1 16'x8'Reducer ea 1 r MJ cab Wive 4 ea $ 196.00 $ 2.940 --- 1 a'MJ Gab wtve 5 as 5 986.00 $ 4,225 1 1r SUSS valve ea 1 1S Hugely valve wi8ox ea - 1 Flre Hydrant AesembN 4 ea $ 1.astoo 8 7.580 1 r slow O SASSiMbiy se 1 AtVao Assembly ee 1 6'x3/4'Water&mice 10 ea $ 660.00 $ 6,500 1 12"x 3/4 war swim as Itas a Pepery Butts al-22-02 PIS 1 !d6 8/22102 t9 IM 08/26/2002 13:27 19706866- .4 ROBERTS PAGE 05 Phan Dnalloon Quantity INN Coat ESt a alku Cornmeal 1 goings 300 if $ 200.00 $ 00,000 Roadway&Railroad 1 Traslo Cons.Sarriaidea 6 Gays $ 250.00 $ 1,250 ... 1 'Rank Conant Flagging - days 1 Aspen Patching' sy 1 Subtotal Petals Wider 10 Iota $ 20,100 9 200.900 t Non-Polebie Water System I 4.6000 Naps Water Main If 1 Ncn-PPUbte WS Senioes - N -- 1 Subtotal Non alaba Water 10 bb S $ 1 Stavin Drainage Spasm 1 12'RCP,Class III N 1 15'RCP,CNN N 1 13 RCP.Clues wi If 1 21'RCP,Clew NI If 1 24'RCP,Class Nl w 1 2r RCP,Class at 0 1 30'RCP,Close IV ft 1 33'R0P,Class II N 1 36'RCP,Class Ni If 1 42"RCP.Clad III If 1 49•RCP.Claw NI If 54'RCP,Clan wt N 1 80'RCP,Class Ill N i 12'RCP,Can III FES so I 18'RCP,Can IN FES as 1 18'RCP,alias IN FES ee 1 21'RCP.Class III FES ea 1 u•RCP,Clam IN FES a 1 2r RCP,Claes III FES ea 1 30'RCP,Class MI FES ea 1 33'RCP,Clan ul FES ea ... I 38'RCP,Cis iii FEB ea 1 42•RCP,Class IN FES ea 1 4e•RCP,Class III FES m 1 54•RCP,Clues III FES r 1 Sr RCP,Chas III FES ea t it OAF 1S0 0 i 26.00 $ 3,750 1 16'CaP FES S am $ 250.00 $ 1,600 1 4r Mom eto nhole ea 1 60'$atom Nankai - as 1 77 Sane Maamle es 1 S Type R bast atatllfe ea 1 10'Type R Inlet BWiiln ea 1 16'Ts*R Watt Shaun' ea 1 20'DAN R Inlet Shur:tue es f Outlet*wain ea 1 RIP Rap ay 1 Truffle Control Asphalt Patting 1 Subtotal Sarin Dramas 10 lob $ 520 $ 5,200 1 cab,Gult r i Sadevniks 1 Rollover CtabiOulkem/alk.7'S' - No ale walla 1 18'Vataral Curb 1 24•VePorai Cub I Mr Whoa Cab Roberts Prtgany Mat OdnR Pim.I 4ar5 er22.12424 PM 08/26/2002 13:27 19786866L .4 ROBERTS PAGE 06 Phan Duertptbn Quantity UMM Cast Extension Comments 1 5'DeYdisd Bklasisik 1 W Detached 8Csvrttk 1 10 Deladlad Wawa* 1 TrlddsChuswl 1 Subtotal Curb,Guest a Sidewalk 10 tots $ - $ - 1 Roadways 1 Roadways.3'HBP'@'ABC 7,000 By $ 15.00 $ 105,000 1 Gravel Shoulder 800 sy $ .7.50 $ 0,000 1 Gravel Roadway 1.000 sy $ 7.50 $ 7.500 1 Parking Lot 2.800 By $ 7.50 $ 18,700 1 Striping 8 1 Strad Sao 00 1 Subtotal Roadways 10 lots $ 13,725 $ 137,200 1 Dry Utilities 1 Electric Services 10 lot $ 2,000.00 S 20,000 1 Gas Services 10 kit $ 1,500.00 $ 15,000 1 PhoneScnvbes 10 lot $ 1,000.00 $ 10.000 1 Subtotal Ony utiubss 10 lets S 4100 $ 18.000 1 Landscape,trdgatioa a ate Ananhlus 1 Landscape&Negation 10 kit $ 3,000.00 $ 30.000 I Sus Stop Kiosk I as $20,000.00 S 20,000 1 Mel Orly 1 ea $ 3,000.00 S 3,000 1 Subtotal Landscape a litigation /0 lets $ 5,300 S 83,000 1 S - Niscli*W0ys lot S - 1 Contingency 10 lot $ Z000.00 $ 20.000 1 Subtotal Mhosilrwar 10 lots $ 2.000 $ 20,000 I Prided Tad 10 Si $ 53,043 $ la0A10 Rolwrls Roost/&Ap t0692-02 Mar 1 506 WW2 CAM THIS ESCROW AGREEMENT SHALL SUPERCEDE ANY PROVISIONS, OBLIGATIONS OR AGREEMENTS TO THE CONTRARY CONTAINED IN CLOSING INSTRUCTIONS DATED . ESCROW FILE NO. : ROBERTS DATE: _""___ ..004 SLL_ 6 .a-oe 4 Weld County Title Company (hereinafter sometimes referred to as "The Company, ") as Escrow Agent, hereby agrees to act as the Escrow Agent depositary for instruments or funds, as specified below, deposited with it by the parties to this agreement other than the Company under terms and conditions set forth herein. PARTIES: NAME ADDRESS WELD COUNTY TITLE COMPANY WILLIAM R. ROBERTS DELORES A. ROBERTS THE COUNTY OF WELD, STATE OF COLORADO All written correspondence of notices required by this agreement will be sent by United States mail to the above specified addresses unless the Company is provided with changes of address in writing. GENERAL CONDITIONS OF ESCROW This escrow is subject to the General Provisions, which are attached hereto and incorporated herein by reference. DEPOSITS 1) 80% of sales price for lots to be closed by Weld County Title Company in Bracewell P.U.D. up to an amount of $644,552 .00 for improvements and warranty collateral and an additional $12, 000 to be paid to the Windsor School District. This amount shall vary depending upon the sales price of closed lot sales and may flucuate with disbursements made hereunder. - 1 - Escrow File No.: ROBERTS Date: A ffil-23-2994 Sul t is Jc`LJ Escrow Agent shall hold deposited funds in escrow in order to satisfy Weld County's requirement that a title company hold and disburse funds for the payment of development improvements as they may apply to the proposed Bracewell P.U.D., in the amount(s) shown on attached Exhibit "A." 80% of the sales price for lots closed in the subject P.U.D., up to an aggregate maximum of$656,552.00 will be withheld from Roberts and deposited herewith. Disbursement instructions are as follows: 1) $12,000 to be paid upon the closing of the first lot to the Windsor School District; 2) $560,480.00 will be disbursed to contractor(s) shown on invoices received from Roberts. This disbursement is subject to receipt by Escrow Agent of a Weld County Commissioners Resolution accepting all or a portion of the project improvements as represented on the respective invoice. 3) $84,072.00 will be paid to "The County of Weld, State of Colorado"upon acceptance of the final improvements. This amount constitutes the warranty collateral. It is anticipated that there will be only three disbursements as described above, and if additional disbursements are required, Escrow must approve any new disbursing instructions. If Escrow Agent does not receive the funds by August 31, 2004 in order to complete the anticipated disbursements, Escrow Agent will have the option of 1) complying with the terms of Exhibit "I" attached hereto; 2) forwarding any remaining escrow funds to The County of Weld, State of Colorado; or 3) disbursing payment(s) to unpaid contractors in order to mitigate any lien rights that may affect the subject subdivision. If there are any funds remaining in escrow after the disbursements are fully complete, Escrow Agent will forward same to Roberts. All parties understand that Escrow Agent has no expertise in determining completion, quality, or costs of development improvements; and, therefore, as a condition of this Escrow Agreement, it agreed that Escrow Agent shall make no such determinations herewith. Escrow Agent is indemnified and held harmless should the contemplated improvements be inadequate and/or the escrow funds be insufficient. EXECUTED BY THE FOLLOWING: ESCROW AGENT: WELD COUNTY TITLE COMPANY BY: �-'I 9 su A , di,„_ William R. Roberts Dolores A. Roberts .7i The County of Weld County, State of Colorado JUL 21 2004 William H. Jerke, Chair Pro-Tem (2) a'2'4!-C2ejs i 9 EXHIBIT I GENERAL PROVISIONS 1. The Instructions may be supplemented, altered, amended,modified or revoked by writing only,signed by all parties hereto, and approved by the Escrow Agent, upon payment of all fees, costs and expenses incident thereto. 2. No assignment, transfer, conveyance or hypothecation of any right, title or interest in and to the subject matter of this Escrow shall be binding upon the Escrow Agent unless written notice thereof shall be served upon the Escrow Agent and all fees, costs and expenses incident thereto shall have been paid and then only upon the Escrow Agent's assent thereto in writing. 3. Any notice required or desired to be given by the Escrow Agent to any party to this escrow may be given by mailing the same addressed to such party at the address given below the signature of such party or the most recent address of such party shown on the records of the Escrow Agent, and notice so mailed shall for all purposes hereof be as effectual as though served upon such party in person at the time of depositing such notice in the mail. 4. The Escrow Agent may receive any payment called for hereunder after the due date thereof unless subsequent to the due date of such payment and prior to the receipt thereof the Escrow Agent shall have been instructed in writing to refuse any such payment. 5. The escrow Agent shall not be personally liable for any act it may do or omit to do hereunder as such agent, while acting in good faith and in the exercise of its own best judgment, and any act done or omitted by it pursuant to the advice of its own attorneys shall be conclusive evidence of such good faith. 6. The Escrow Agent is hereby expressly authorized to disregard any and all notices or warnings given by any of the parties hereto, or by any other person, firm or corporation excepting only orders or process of court, and is hereby expressly authorized to comply with and obey any and all process,orders,judgments or decrees of any court, and in case the Escrow Agent obeys or complies with any such process, order,judgment or decree of any court it shall not be liable to any of the parties hereto or to any other person, firm or corporation by reason of such compliance, notwithstanding any such process, order,judgment or decree be subsequently reversed, modified, annulled, set aside or vacated, or found to have been issued or entered without jurisdiction. 7. In consideration of the acceptance of this escrow by the Escrow Agent, the undersigned agree jointly and severally, for themselves, their heirs, legal representatives, successors and assigns,to pay the Escrow Agent its charges hereunder and to indemnify and hold it harmless as to any liability by it incurred to any other person, firm or corporation by reason of its having accepted the same, or its carrying out any of the terms thereof, and to reimburse it for all its expenses,including, among other things, counsel fees and court costs incurred in connection herewith; and that the Escrow Agent shall have a first and prior lien upon all deposits made hereunder to secure the performance of said agreement of indemnity and the payment of its charges and expenses, hereby expressly authorizing the Escrow Agent, in the event payment is not received promptly from the undersigned, to deduct such charges and expenses, without previous notice, from any funds deposited hereunder Escrow fees or charges, as distinguished from other expenses hereunder, shall be as written above the Escrow Agent's signature at the time of the acceptance hereof. 8. The Escrow Agent shall be under no duty or obligation to ascertain the identity, authority or rights of the parties executing or delivering or purporting to execute to deliver these instructions or any document or papers or payments deposited or called for here under, and assumes no responsibility or liability for the validity or sufficiency of these instructions or any documents or paper or payments deposited or called for hereunder. 9. The Escrow Agent shall not be liable for the outlawing of any rights under any Statute of Limitations or by reason of laches in respect to the instructions or any documents or papers deposited. 10. In the event of any dispute between the parties hereto as to the fact of default, the validity or meaning of these instructions or any other fact or matter relating to the transaction between the parties, the Escrow Agent is instructed as follows: (a) That it shall be under no obligation to act,except under process or order of court,or until it has been adequately indemnified to its full satisfaction, and shall sustain no liability for its failure to act pending such process or court order or indemnification; (b) That it may in its sole and absolute discretion, deposit the property described herein or so much thereof as remains in its hands with the then Clerk, or acting Clerk, of the District Court, State of Colorado in whose jurisdiction the subject property lies, and interplead the parties hereto, and upon so depositing such property and filing its complaint in interpleader, it shall be relieved of all liability under the terms hereof as to the property so deposited, and furthermore, the parties hereto for themselves, their heirs, legal representatives, successors and assigns do hereby submit themselves to the jurisdiction of said court and do hereby appoint the then Clerk, or acting Clerk, of said court as their Agent for the service of all process in connection with such proceedings. The institution of any such interpleader action shall not impair the rights of Escrow Agent under paragraph numbered 7, above. 11. If the subject matter of this escrow consists in whole or in part of funds, the same shall not be commingled by the Escrow Agent with its own funds; provided, however, that anything contained in the Escrow Agreement of which these General Provisions are made a part,to the contrary notwithstanding, the Escrow Agent shall not be required to deposit the same in any interest bearing or income producing account, and shall not in any way be liable to any of the other parties to the Escrow Agreement for the payment of interest upon said funds for the period during which they are held by the Escrow Agent. It is intended that the provisions hereof shall supersede any other terms, conditions, covenants or provisions contained in the Escrow Agreement which expressly or by implication are in conflict herewith. K\wpdo..ao,me4mpro,.ac EXHIBIT"A" Name of Subdivision or Planned Unit Development: Bracewell Planned Unit Development Filing: Location: Lots A and B.RE-2342,located in part of the SE4 Section 30.Township 6 North,Range 66 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 Construction Costs Cost Site grading 10 $8,997 $89,970.00 Street grading Street base Street paving Curbs,gutters,and culverts 10 $13,725 $137,250.00 Sidewalk Storm sewer facilities 10 $525.00 $5,250.00 Retention ponds Ditch Improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains 10 $20,996 $209,960.00 Laterals(house connected) On-site sewage facilities On-site water supply and storage Water Mains(includes bore) Fire hydrants Survey and street monuments and boxes Street lighting Street Names 1 Sign $50.00 $50.00 Fencing requirements Landscaping :F J $5 0 $53.400 0 Park improvements � Road culvert Grass lined swale s� Telephone 10 $4,500 $45,000.00 e-eC Gas 10 • u/5/1I Electric 10 04 6 O '/ Water transfer Miscellaneous I-i a 11/5,,,o 10 $2,000 $20,000.00 SUB-TOTAL: $560,480.00 • t/t) , 0ASt ( ScLoo L /0 /970e /2, God 18o vim- io e $so , 3e-30 -tu- g15es47.Psore 11 of 14 NwT ilandAmerica Acquires Weld County Title Company in Colorado Page 1 of 2 laidiebmrr;ca. - 6ree/ � 3 .3C - 7, ; 7 It 5/ '. NC Sit BJ/y. L car a /L9G1 dilk pot .7I cempany suapsfrot e _print ce�Jee link DHSS Btis fathomedd CGS $Leflearch 4 share it +s b �t 5S7O I6). 4'— 5 -3 _6 S LandAme acquires Weld County Title Company in Colorado RICHMOND, Va. , March 3 /PRNewswire-FirstCall/ -- LandAmerica Lawyers Title announces the acquisition of Weld County Title Company in Greeley, Colorado. With this move, LandAmerica Financial Group, Inc. (NYSE: LFG) , a premier provider of real estate transaction services, further increases its presence in the Colorado market. Under the leadership of President Roger Olson, Weld County Title Company has built a significant presence in Greeley, Colorado. The company' s three branch offices and 40 employees, including the president, will become an important component of LandAmerica' s Colorado operations. "The focus of Weld County Title Company has always been on our customers and how we can provide a superior level of service along with a high quality product, " said Roger Olson. Like our company, LandAmerica places a high priority on customer satisfaction. " Executive Vice President Janeen McGinn added, "The dynamics of the real estate transaction are changing and the role of the title company in that transaction is changing. The best way to continue to serve our customers is by aligning ourselves with an organization well known and highly regarded for delivering certainty to complex real estate transactions. " "We are fortunate to have one of th Greeley, Colorado join the LandAmerica • vice president and area manager for Lan f many years and we are delighted to welc a� p �1 7 team. The acquisition of Weld County T 1._/ L�' J////,�'S LandAmerica' s growth strategy. " e t _.� ,&= Wt%/ ,,'t� Lc d A-tii_ ' `� c LandAmerica Financial Group, Inc. i transaction services. LandAmerica sery /71-C., with more than 700 offices and a networ the United States, Mexico, Canada, the SOURCE LandAmerica Financial Group, Inc. l 0 back to top Related links: • http://www.landam.com re PC rar7 FIVp Slogs Discussing This News Role Lm Technorati Issuers of news releases and not PR Newswire are solely responsible • Terms and conditions.including restrictions on redistribution,apply. Copyright©1996-2009 PR Newswire Association LLC.All Rights Reserve A United Business Media company. http://www.prnewswire.com/cgi-bin/stories.pl?ACCT—tu'toc.i3rvicx=twwwistory/us-us-2... //1J/20U9 LandAmerica Title Company - Los Angeles - CA—Locations Page 1 of 1 LandAmerica' Home I Contact Us I F • HOME ABOUT US LOCATIONS CAREERS SERVICES TOOLS/RESOURCES ABOUT LAND. Not sure which of our Locations locations will best fit your needs? Contact Us, and We're available at the following locations, ready to assist you with your title insuranc we'll be happy to help you estate transaction services needs. For a complete list of our services, please see the section. LandAmerica Title Company LandAmerica Title Company - Los Angeles County Office - Map It 500 N. Brand Blvd Glendale, CA 91203 Phone: (213) 385-3600 Fax: (213) 637-5409 jsmolar@landam.com Back to rp Top ///�,'s pi /let wit( "Lidiebta 2-ydniv, C- l PLACE AN ORDER /2914-12- 114-1O � zYLua '^� A tti 6 t J'VI /c tfr f2saszti t rZGit:& 4-e-e ' ‘nze IL-I.-ti I I, nc) 1 r o �' �i c AAm 2� idnaa up, Inc, All RA. CSEGV xl. r ( zez. • http://unitedtitle.com/UT-LosAngeles-CA/Locations/Locations.html 7/15/2009 Hello