The URL can be used to link to this page

Browse Search

Home My WebLink About20030833.tiff 3. LANDSCAPING ELEMENTS A. Landscape Map B. Proposed Landscaping Treatments C. Landscape Maintenance Schedule D. Proposed On-Site Improvements E. Water Resources BEEBE DRAW FARMS and EQUESTRIAN CENTER FILING NO. 2 2003-0833 - David A. Clinger & Assoc. Ltd. Environmental Land Planners Development Consultants August 7, 2002 Department of Planning Services Weld County 1555 North 17th Ave Greeley, CO 80631 RE: Landscape Elements The Landscaping for Beebe Draw Farms Filing No. 2 has been included under separate cover. The Plans are as follows: Drawing No: L-1- Key Map indicating the location of proposed Landscape entries, Key intersections, Mail/Bus shelters, and Security Gate Area. L-2-Landscape ENTRYS and TYP. Intersections L-3-Mail/Bus Shelter and Security Gate Area LA-Plant List, details and notes L-5-Architectural Plans, Mail/Bus Shelter and Project entry Signs L-6- TYP. Residential Lot Site Plan Beebe Draw is an open high plains prairie. The landscaping as proposed has been concentrated at key intersections and at entries into the development. Three Mail/Bus shelters are proposed and the immediate area around these facilities as well as the security gate area west of the proposed amenity area have been landscaped. Over 44% of the site will be devoted to open space. The common open space which is mainly devoted to passive areas and equestrian trails shall remain natural. The trails will be mowed by the Metropolitan District, as required, based on need. 21759 Cabrini Blvd. • Golden, CO 80401 • (303) 526-9126 • (303) 526-9320 FAX Page 2 of 2 Individual Lot restrictions indicate that irrigated yards shall not exceed 5% of the Lot area. Disturbed area of each lot shall be reseeded with native grasses or other approved Xeriscape plants. Lot grading will be kept to a minimum to reduce the amount of disturbance to the native grasses on site. In an effort to preserve the natural high prairie open rural landscape, individual lot line fencing will not be permitted. Privacy fenced areas shall not exceed 5% of the lot area, and must be attached to the principal dwelling. Equestrian lots have been indicated on the Master Plan and Final Plat. Fenced Paddock areas on these lots shall not exceed 5% of the lot area. No grazing of livestock shall be permitted outside the Paddock area or in the common open space. The installation and maintenance for all common landscaped elements is described in the Metropolitan District Consolidated Service Plan for Beebe Draw Farms Metropolitan District No. l & 2. The proposed on site improvements agreement for the landscaped areas also shall be under the auspices of the Metro District, which has been approved by Weld County. A minimum 5/8" water tap will be purchased and set at each of the landscaped key intersections and at entries into the development. Each individual system shall be equipped with a timer to allow for automatic watering to eliminate over watering of xeriscape plant material. The water system will consist of soaker hoses that will apply water directly to each plant. Above ground sprinkler heads shall be limited to only those needed to maintain grass areas shown in the landscape plans. The plant list as indicated on DWG L-4, is predominately Xeriscape plant materials. These plants have been selected to provide accents to key areas of the development and to enhance the open rural environment that predominates Beebe Draw Farms. Ve y You David . Cling Environmental 1 ers 4. SITE DESIGN A. Unique Elements B. PUD Rezoning Statement C. PUD Rezoning Compatibility D. Land Use Compatibility E. Flood, Geological Hazard Requirements BEEBE DRAW FARMS and EQUESTRIAN CENTER FILING NO. 2 COMPONENT FOUR SITE DESIGN Beebe Draw Farms and Equestrian Center Filing No.2 is located approximately 8 miles east of Platteville adjacent to Milton Reservoir. Filing No. 2 consists of 406 lots ranging in size from 2.5 to 5 acres, covering 2,307 acres with 1,007 acres or 44%open space. The topography ranges from nearly flat (.3%)to rolling hills (10%), and the soil is very sandy. Currently, the property is used for livestock grazing, nature viewing, and there are a number of gas wells located throughout the property. Milton Reservoir provides, through a lease, 2000 acres of aesthetic and recreational opportunities. Neighboring land supports irrigated agriculture, dryland farming, and rangeland. The property is owned and operated by REI, LLC and Beebe Draw Farms Metropolitan District (District). The District was formed to provide water, roads, recreation facilities, and other services to the proposed residential development and equestrian center. An Environmental Assessment (EA) was completed for this project with a"Finding of No Significant Impact (FONSI)." Buffers and setbacks were established along the Platte Valley Canal and Milton Reservoir shoreline in accordance with the EA to minimize the impacts to wildlife resources. Surface disturbance associated with residential development will be restricted to that necessary for footprints of individual residences and limited landscaping. litigated landscaping will be limited to an area no greater than 5 percent of the lot area and will be restricted to the area immediately adjacent to each home. In addition, a minimum of 15 trees per lot will be planted. Yard fencing and corrals will not exceed 10% of the total lot areas. No lot-line fencing is allowed. It is anticipated that 15%of the total lots will have horses, which are restricted to fenced corrals and will not be allowed to roam and graze throughout the lot. This will allow free wildlife movement and maintain native vegetation on the majority of the lot areas. These environmental commitments are part of the covenants, which are filed with the County along with a Memorandum of Agreement with the District. The wet utilities the site comply with the County Health Department Regulations for septic systems. The management and maintenance of the septic systems will be done by the Metropolitan District in ensure proper design and maintenance of all lots within the District. Filing No. 2 is part of the Northern Colorado Water Conservancy District and has an agreement in place with Central Weld County Water District to provide water for the development. Statement indicating that the proposed PUD Final Plan is in Compliance and meets all criteria as set forth in the Change of Zone. All of the submitted materials are in compliance with the application requirements and Section 28 of the Weld County Zoning Ordinance. The request is in conformance with Section 28.13 of the Weld County Zoning Ordinance, as follows: a. The proposed Planned Unit Development Final Plan is consistent with the Weld County Comprehensive Plan and is compatible with the future development as permitted by existing PUD Districts and plans of affected municipalities. The property received a Change of Zone approval on December 21, 1983 (Case Z-412) (Amended Case Z-412, 1989). The Change of Zone applications were for PUD residential lots and equestrian recreational activities. b. The Planned Unit Development Plan(PUD) conforms to the approved PUD District. The approved PUD plan called for residential and recreational activities to be located on this site. The applicant has provided for the uses as defined in the Change of Zone applications. c. The uses shall be compatible with the existing and future development of the surrounding area as permitted by the existing zoning, and with the future development projected by the Comprehensive Plan, or Master Plan of affected municipalities. The property is not located within a municipality's urban growth boundary nor is it affected by a municipal comprehensive plan. The Weld County Zoning Ordinance recognizes the right to proceed with a Final Plat as long as the plat has been diligently pursued from the date of original zoning approval. As such, we have shown diligence in pursuit of this final plat, including having to undergo a Substantial Change approval to continue processing this final plat in 2001. d. The proposed Planned Unit Development PUD Final Plat conforms with the performance standards in Section 35.3 of the Weld County Zoning Ordinance. The amenities on the site will be provided and funded by the Beebe Draw Farms Metropolitan District. The service plan has been reviewed by Weld County and has been filed with the Weld County District Court and is included for review with this application. e. The proposed Planned Unit Development Final Plat will be in compliance with the Weld County Zoning Ordinance, Section 50, pertaining to overlay districts. The site is not influenced by an overlay district, nor does the site lie within an urban growth boundary area. 5. COMMON OPEN SPACE USAGE A. Common Space Allocation B. Open Space Maintenance BEEBE DRAW FARMS and EQUESTRIAN CENTER FILING NO. 2 ' David A. Clinger & Assoc. Ltd. Environmental Land Planners Development Consultants August 8, 2002 Department of Planning Services Weld County 1555 North 17t Ave Greeley, CO 80631 RE: Common Open Space Usage The Common Open Space in Beebe Draw Farms Filing No. 2, has been designed to provide a continuous open space network for pedestrian and equestrian trails, passive open space between lot areas, buffers along County Roads 38, 39 and 32; Beebe Draw Farms Parkway and to create a wildlife habitat and natural bird sanctuary along the Platte Valley Canal and Pelican Lake. The open space reservation in Filing No. 2, will be 1007.5 acres which is a 44% allocation for this filing. (This allocation includes a school site and fire station site dedication) The open space areas, the design, installation, construction, operation and maintenance for all park and recreation faculties shall be owned, preserved and maintained in perpetuity by the Beebe Draw Farms Metropolitan District No.2. Two copies of the Metropolitan District Service Plan have been submitted with this application. The District Consolidated Service Plan has been approved by Weld County and is in full force and effect. Vei T yYoj., David A Cl nge Environmenta ' anners 21759 Cabrini Blvd. • Golden, CO 80401 • (303) 526-9126 • [303] 526-9320 FAX COMPONENT FIVE COMMON OPEN SPACE USAGE For Open Space Usage, refer to the Consolidated Service Plan for Beebe Draw Farms Metropolitan District No. 1 and No. 2, Dated, May 1999. 6. PROPOSED SIGNAGE BEEBE DRAW FARMS and EQUESTRIAN CENTER FILING NO. 2 COMPONENT SIX SIGNAGE All signage for Filing No. 2 shall adhere to the requirements of Weld County Code, Chapters 23, 26 and 27 as applicable. A. No sign will be erected, enlarged, constructed, reconstructed, relocated, refaced, structurally or otherwise altered without first obtaining a building permit from the Weld County Depart of Planning Services. B. No sign will be erected at or near the intersection of any road(s) or driveway(s) in such a manner as to obstruct free and clear vision of motorist or at any location where, by reason of the position, shape or color, may interfere with or be confused with any authorized traffic sign, signal or device. Signs located at intersections will be outside of the sight distance triangle. Signs which could potentially affect vehicle traffic shall be reviewed by the Public Works Department and CDOT, if applicable. C. No sign other than traffic control signs, except as expressly allowed by state statute and permitted by CDOT, will be erected, constructed or maintained within, over or upon the right-of-way of any County, State or Federal road or highway within Weld County. D. All signs and components, including supports, braces, and anchors, shall be of sound structural quality and shall be kept in a state of good repair with a clean and neat appearance throughout Weld County. 0 5 6 ca 2 - ONE WAY La_ m 8 (1W.) b iC u 10 Y 12 2 12 10 11 11 11 9 • pr 41 .. i . J F.•• I' . .ji I :.' �1 I J I". F r.p I`' I Id, p : :1I.: I : TYPICAL TRAFFIC AND PARKING SIGNAGE O 8'X12" VAN SPACE SIGN, BOLTED TO POST O 30"X30' STANDARD STOP SIGN BOLTED TO POST. TO BE DELETED AT STANDARD HANDICAP O STEEL POST CAP, PAINTED PARKING STALLS. O 11'X1'-6' HANDICAP PARKING SIGN, BOLTED © 2" SQUARE STEEL SIGN POST PAINTED TO POST. TO BE PLACED AT ALL HANDICAP PARKING STALLS 0 FINISHED GRADE O NOT USED. 1) If DIA. BY 3"-0' DEEP CONCRETE FOOTER. EMBED POST 1'-6` INTO FOOTER. 0 12X36' STANDARD ONE-WAY SIGN BOLTED 11 12' DIA. BY 4'-0' DEEP CONCRETE FOOTER. TO POST. EMBED POST 3'-0' INTO FOOTER. OS OTHER SIGNS AS NOTED. @ STEEL SLEEVE REFER TO CIVIL PLANS FOR LOCATION AND QUANTITY OF ALL TRAFFIC AND HANDICAP PARKING SIGNS. TRAFFIC NOTES 1. ALL PERMANENT TRAFFIC CONTROL DEVICES CALLED FOR HEREON SHALL BE IN PLACE AND IN FINAL POSITION PRIOR TO ALLOWING ANY PUBLIC TRAFFIC ONTO THE PORTIONS OF THE ROAD(S) BEING IMPROVED BY OTHERS, REGARDLESS OF THE STATUS OF COMPLETION OF PAVING OR OTHER OFF-SITE IMPROVEMENTS 2. BEFORE ANY WORK IS STARTED IN THE RIGHT-OF-WAY, THE CONTRACTOR SHALL INSTALL ALL ADVANCE WARNING SIGNS FOR THE CONSTRUCTION ZONE THE CONTRACTOR SHALL INSTALL TEMPORARY GROUND MOUNTED STOP SIGNS AT ALL NEW STREET ENCROACHMENTS INTO EXISTING COUNTY STREETS IMMEDIATELY AFTER FIRST GRADING WORK IS ACCOMPLISHED, AND SHALL MAINTAIN SAID SIGNS UNTIL PERMANENT SIGNS ARE INSTALLED. 3.ALL CONSTRUCTION SIGNING, BARRICADING AND PAVEMENT MARKINGS SHALL CONFORM TO THE 'MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES', CURRENT EDITION. 4. IF THE IMPROVEMENTS NECESSITATE THE OBLITERATION, TEMPORARY OBSTRUCTION, TEMPORARY REMOVAL, OR RELOCATION OF ANY EXISTING TRAFFIC PAVEMENT MARKING, SUCH PAVEMENT MARKING SHALL BE RESTORED OR REPLACED 111TH LIKE MATERIALS TO THE SATISFACTION OF THE COUNTY TRAFFIC MANAGER. 5. THE DEVELOPER SHALL BE RESPONSIBLE TO PROVIDE AND INSTALL ALL PERMANENT SIGNS SHOWN ON THE PLANS ALL OTHER SIGNS SHALL BE STANDARD SIZE UNLESS OTHERWISE SPECIFIED ON THE PLANS. 6.IF A PROPOSED STREET LIGHT STANDARD IS FIELD LOCATED TO WITHIN FIVE (5) FEET OF ANY SIGN SHOWN HEREON TO BE MOUNTED ON A SIGN POST, THEN CHANGE SIGN MOUNTING TO ONE ON 7HE STREET LIGHT STANDARD. GENERAL NOTES 1. THE CONTRACTOR SHALL TAKE ALL PRECAUTIONARY MEASURES NECESSARY TO PROTECT EXISTING IMPROVEMENTS WHICH ARE TO REMAIN IN PLACE FROM DAMAGE, AND ALL SUCH IMPROVEMENTS OR STRUCTURES DAMAGED BY THE CONTRACTORS OPERATIONS SHALL BE REPAIRED OR RECONSTRUCTED SATISFACTORY TO THE ENGINEER AT THE EXPENSE OF THE CONTRACTOR. 2. THE CONTRACTOR SHALL PROVIDE PILOT AND ALIGNMENT LINES FOR THE ENGINEERS APPROVAL PRIOR TO PERFORMING ANY MARKING WORK. CONTACT THE ENGINEER 48 HOURS IN ADVANCE 3. ALL COLD POLYMER PAVEMENT MARKING FILM SHALL BE TYPE N4-40 AS MANUFACTURED BY 3M OR APPROVED EQUAL. THE HIGH DURABIUTY, INTERSECTION GRADE RETROREFLECTIVE PREFORMED PAVEMENT MARKING FILM, MTH 3 COAT CONTACT CEMENT APPLICATION SYSTEM, SHALL BE APPLIED AND TAMPED IN ACCORDANCE MTH THE MANUFACTURER'S SPECIFICA DONS THE MANUFACTURERS REPRESENTATIVE SHALL BE PRESENT AT TIME OF INSTALLATION. ALL APPLICATION METHODS SHALL BE CONFIRMED BY THE ENGINEER AND MANUFACTURER PRIOR TO INSTALLATION. SAID PAVEMENT MARKING FILM SHALL NOT BE PLACED EARLIER THAN TWO (2) WEEKS AFTER FINAL AC. LAYER IS PLACED. ALL MATERIAL AND EQUIPMENT SHALL BE IN ACCORDANCE MTH THE MANUFACTURERS SPECIFICATIONS THE CONTRACTOR SHALL PROVIDE TEMPORARY PAVEMENT MARKINGS AS NEEDED. 4. ALL SIGNS SHALL UTIUZE 3M VISUAL IMPACT PERFORMANCE (V.LP.) REFLECTIVE SHEETING FABRICATED PER MANUFACTURER'S RECOMMENDA DONS SIGNS SHALL HAVE LtI ItEING AS DESCRIBED IN TYPICAL SIGN DETAILS COLORS SHALL BE SERIES 880 AS MANUFACTURED BY 3M AND SHALL BE SCREENED ON THE V.T.P. 5. EXACT LOCATION OF ALL SIGNS SHALL BE STAKED BY THE CONTRACTOR FOR REVIEW AND APPROVAL BY THE ENGINEER. NOTIFY TRAFFIC DIVISION 48 HOURS PRIOR TO PERFORMING ANY SIGN INSTALLATION WORK. 6. THE GIVEN MUTCD REFERENCE IS TO BE USED FOR GUIDANCE IN MAKING THE SIGNS VARIADONS TO THE STANDARD MUTCD SIGN ONLY AFFECT THE SIGN'S LAYOUT AND GRAPHICS ALL Lt IItHING SIZES AND SIGN COLORS ARE PER THE GIVEN MUTCD REFERENCE 7. THE *SW SHEETS ARE ACCURATE FOR SIGNING AND PAOIENT MARKING WORK ONLY. REFER TO RESPECTIVE SHEETS FOR STREET LIGHTING, TRAFFIC SIGNAL, ROADWAY AND OTHER IMPROVEMENT WORK. GENERAL REQUIREMENTS I.CONSTRUCTION SHALL BE IN CONFORMANCE MTH THE UNIFORM STANDARD SPECIFICATIONS FOR PUBUC KIRKS CONSTRUCTION OFF SITE IMPROVEMENTS 2. SIGN LAYOUTS LEI;EKING AND GRAPHICS UNLESS STATED OTHERWSE SHALL BE IN CONFORMANCE WITH THE LATEST EDITION OF THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES 3. THE SIGN CONTRACTOR SHALL LOCATE SIGNS TO MAXIMIZE SIGHT VISIBILITY. 4. SIGN INSTALLATION SHALL BE SECURE AND PERMANENT ALL MOUNTING HARDWARE SHALL BE APPROVED BY THE ENGINEER. 5. THE SIGN LOCATIONS AND MOUNTINGS SH014N ON THESE PLAN DRAWINGS ARE FOR GENERAL INFORMATION ONLY. THE CONTRACTOR I5 TO ARRANGE A MEETING MTh THE OWNER AND THE ENGINEER AT THE SITE TO VERIFY FINAL SIGN LOCATIONS AND MOUNTING TYPE 6. THE CONTRACTOR SHALL PROVIDE ALL LABOR AND MATERIALS NEEDED FOR COMPLETE SIGN INSTALLA DONS 7. IT IS THE INTUIT OF THE OWNER TO HAVE THE FINEST SIGNING AND GRAPHICS POSSIBLE FOR THIS PROECT. THE OWNER RESERVES THE RIGHT TO REJECT ANY UNACCEPTABLE MATERIALS CONSTRUCTION, FINISHING TECHNIQUES AND WORKMANSHIP. LM/ PACTS Non-Applicable BEEBE DRAW FARMS and EQUESTRIAN CENTER FILING NO. 2 COMPONENT SEVEN MUD IMPACT This section is not applicable to this project. 8. INTERGOVERNMENTAL AGREEMENT IMPACTS A. Improvement Agreement with Weld County B. Agreement for Water Services with Central Weld Water District BEEBE DRAW FARMS and EQUESTRIAN CENTER FILING NO. 2 1 N3W33UOV S1N3W3AO?JdWI JO 1N3WNOISSV 2-2 ASSIGNMENT OF FILE COPY IMPROVEMENTS AGREEMENT THIS ASSIGNMENT OF IMPROVEMENTS AGREEMENT ("Assignment") is made as of the day of May, 2000, between REI , LIMITED LIABILITY COMPANY, a Wyoming corporation d/b/a Investors, Limited Liability Company ("Company" ) , and BEEBE DRAW FARMS METROPOLITAN DISTRICTS NO. 1 and NO. 2 , Colorado special districts ("Districts" ) . RECITALS The Company has entered into that certain Improvements Agreement According Policy Regarding Collateral for Improvements dated May , 2000 ("Improvements Agreement" ) with the County of Weld, Colorado ( "County" ) to install various external road improvements ("Improvements" ) , as set forth in Exhibits A and B of the Improvements Agreement, related to development within the Beebe Draw Farms Subdivision, Filing No. 2 ( "Development" ) . In accordance with its Consolidated Service Plan, the Districts will be responsible for installing the Improvements set forth in Exhibit A of the Improvements Agreement . In order to more effectively administer the installation of the Improvements, it is necessary and in the best interests of the Company and Districts to assign the provisions of the Improvements Agreement relating to the Improvements to the Districts . The Improvements Agreement is assignable . AGREEMENT In consideration of the mutual agreements, conditions, and undertakings hereinafter set forth, the Company and Districts agree as follows : 1. Assignment . The Company hereby assigns, and the Districts hereby accept the assignment of all terms, conditions, obligations, and provisions of the Improvements Agreement relating to the Improvements . Subject to prior review and approval, the County may waive the collateral and improvements guarantee requirements under Sections 7 . 0 and 8 . 0 of the Improvements Agreement or authorize alternate collateral and Bait Drew Pam,Ma.MymM P0-Nips*oflep.+sms improvements guarantees for the Improvements installed by the District . 2 . Improvements Agreement . Except as expressly provided herein, the Improvements Agreement shall continue to be in full force and effect, without amendment, and shall be complied with by the Districts in accordance with its terms . IN WITNESS WHEREOF, the parties have caused this Assignment to be executed on the date set forth below. REI, Limited Liability Company d/b/a Investors, Limited Liability Company itlis d,7 Ai/ By 'l Title: /J%%•rr.. C' Date: /22/1727 , 2000 A.-3 STATE OF COLORADO } } ss . COUNTY OF t`i FCt-5" } The foregoing Assignment .of Improvements Agreement was acknowledged before me this ;51 day of I itt.,' , 2000 , • le' by RU Cc A. KCU,4( as ivli\cc,it(' CR. rl of REI, Limited Liability Company. Witness my hand and official seal . t.c\Uc iO..' 1 .. . �.,.7f� r MY commission expires : t 2 lc •,Z.00Z. �• N(7)TA F?Y . s • \. • .:c:...:: .• ,F. FC[U 2 BEEBE DRAW FARMS METROPOLITAN BEEBE DRAW FARMS METROPOLITAN DISTRICT NO. 1 DISTRICT NO. 2 By: .Q.,4 4d.L"10� By: ` l;/Il. .'ff C airman 7Cliairman Date : 317+ , 2000 Dte: `��_�I , 2000 r STATE OF COLORADO } } ss . COUNTY OF „..11-CFC k 5;ijJ The foregoing Assignment .,.of Improvements Agreement was acknowledged before me this ,3 V day of ! (I, , 2000, by James W. Fell as Chairman of the Board of Di, ctors of Beebe Draw Farms Metropolitan Districts No. 1 and No . 2 . `�,,,,,,,,meNitness my hand and official seal . 7 ,,, � �... NS IA . ". ' 1 NOTA R y ' LP \P_V 1c iighission expires : < •:.2l4c}G7. ACCEPTANCE OF ASSIGNMENT The County of Weld, Colorado, hereby accepts the Assignment of Improvements Agreement on this day of 2000 . By: Title : 3 AdO3 311j IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS 4 (EXTERNAL ROAD IMPROVEMENTS) THIS AGREEMENT, made and entered into this day of May, 2000, by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and REI, LLC, d/b/a Investors LLC, 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: Beebe Draw Farms and Equestrian Center, Filing No. 2, according to the Plat thereof; and WHEREAS, a final Subdivision/Planned Unit Development (PUD) Plat of said property, to be known as Beebe Draw Farms, Filing No. 2, Phases 1-7 has been submitted to the County for approval; and WHEREAS, relevant Weld County Ordinances 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, including necessary improvements to County Roads located externally of the Planned Unit Development, 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. Beak Dann he.Y.M..®-ik wad aa,-bins waax 1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit Development to the County for approval prior to the letting of any construction contract. Before acceptance of the roads within the Subdivision or Planned Unit Development by the County, Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the County. 2.0 Rights-of-way and Easements: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire, at its own expense, good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Applicant shall furnish and install, with funding participation by the County and other developers in proportion to relative traffic use, 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, 2 apTcant 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 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: 3 • - The legal description of the property to be served. The name of the owner(s) of the property to be served. A description of the off-site improvements to be completed by the subdivider, applicant, or owner. The total cost of the off-site improvements. The total vehicular trips to be generated at build-out by the Subdivision, Resubdivision, or Planned Unit Development, as specified by the ITE Trip Generation Manual, or by special study approved by the Board of County Commissioners. A time period for completion of the off-site improvements. The terms of reimbursement. The current address of the person to be reimbursed during the term of the agreement. Any off-site improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements. 5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement, the opportunity to obtain reimbursement under this section is forfeited. 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a Subdivision, Resubdivision, or Planned Unit Development will use a road improvement constructed under an improvements agreement, the subsequent subdivider, applicant, or owner shall reimburse the original subdivider, applicant, or owner, for a portion of the original construction cost. In no event shall the original subdivider, applicant, or owner collect an amount which exceeds the total cost of improvements less the pro rata share of the total trip impacts generated by the original development. Evidence that the original subdivider, applicant, or owner has been reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the Department of Planning Services prior to recording the Subdivision, Resubdivision, or Planned Unit Development Final Plat. 5.5 The amount of road improvement costs to be paid by the subsequent subdivider, applicant, or owner of a Subdivision, Resubdivision, or Planned Unit Development using the mad 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 mad 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 mad improvements which 4 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 11_E 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 peanuts 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 5 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. Except for a phased development as set forth in Section 7.2, acceptable collateral shall be -11 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. Except for a phased development as set forth in Section 7.2, the improvements shall be completed within one (1) year after the Final Plat approval (not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its exv'iration 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, at its option, 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 6 need only to provide collateral for the improvements in each filing as approved by the County. 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. The applicant shall complete the improvements for each filing within one (1) year after the designation of such filing, unless (i) a longer period of time is specified for completion in Exhibit "B", or (ii) 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. 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 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 7 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 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 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 8 (100%) of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred percent (100%) of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution. 8.3.4 If Weld County determines there is a default of the Improvements Agreement, the escrow agent, upon request by the County, shall release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to One-Hundred percent (100%) of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to One-Hundred percent (100%) of the value of the improvements. 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 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 9.3 "As-built"plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as- built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in Sections 9.0 thru 9.5 shall be noted on the fmal 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 10 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 according to Section 8-15-B of the Weld County Subdivision Ordinance 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 according to Section 8-15-B of the Weld County Subdivision Ordinance 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 according to Section 8-15-B of the Weld County Subdivision Ordinance. 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. 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. APPLICANT: REI, LLC, d/b/a Investors LLC V/ ' / 4 '/ . Flh �\/�f= .� Name:tS'.t.. ,, ci%% Title: / 2c-.)...y >1 Subscribed and sworn to before me this 1 day of Apr 2000. My Commission expires: t " 2 t; ZOO gNSIA c. �.. 'tom J k ... Ylr-�\G-c\4L_ +_.' ,1 . . r:'rQ7A R Y __Notary Publig ---- �}_�'''F C. ti ---,‘:-.4.......“1- -I-) 12 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Barbara J. Kirkmeyer, Chair M. J. Geile, Chair Pro-Tern Al LEST: Weld County Clerk to the Board George E. Baxter By: Deputy Clerk to the Board Dale K. Hall Glenn Vaad APPROVED AS TO FORM: County Attorney 13 Exhibit"A" - ^� Name of Subdivision: Beebe Draw Farms Location: See attached legal description. Intended to be legally bound,the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat County dated ,20 , recorded on ,20 ,in Book ,Page No. ,Reception No. ,the following improvements. Beebe Draw Farms Filing No.2,Offslte Roadway Cost for Public Improvements WCR 32139 Item Qty. Unit Unit Cost Total Cost Grading 1,150 cy $ 4.50 $5,175 Asphalt 303 ton $ 28.40 $8,605 Base Course 2,956 ton $ 18.00 $53,208 Striping 710 if $ 7.50 $5,325 R/R Double Yellow Striping 300 If $ 11.00 $3,300 Sawcut 974 If $ 12.00 $11,688 SUBTOTAL $87,301 WCR 38 - Asphalt 4,730 ton $ 28.40 $134,332 Base Course 2,835 ton $ 18.00 $51,030 All SUBTOTAL $185,362 WCR 32 . Grading 800 cy $ 3.41 52,728 Asphalt 415 ton $ 28.40 511,786 Base Course 600 ton $ 18.00 510,800 Striping 1,020 If $ 7.50 $7,650 R/R Double YellowStriping 870 If $ 11.00 $9,570 Sawcut 800 If $ 12.00 $9,600 SUBTOTAL. $52,134 SUBTOTAL $324,797 Engineering and Supervision Costs 532,480 (testing,inspection,as-built plans and work in addition to preliminary and final plat supervision of actual construction by contractors.) TOTAL ESTIMATE COST OF IMPROVMENTS AND SUPERVISION OFFSITE 5357,277 All Babe Rau Firer &ibis Amidi-PS eddlydee The above improvements shall be constructed in accordance with all County requirements and specifications,and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit"B". Date: Beebe Dn.Pend &M au A led B-Pl e7dmdoe Exhibit"B" I) Item Schedule for Completion WCR 32/39 To be completed prior to the issuance of the 92°d Building Permit. WCR 38 To be completed at the time of construction(Filing No.2,Phase 4)for the entrance to Beebe Draw Fames from WCR 38. WCR 32 To be completed with the construction of the entrance to Beebe Draw Farms from WCR 32 in Filing No.2,Phase 1. -4 Beebe Dm,Peneed E ibio Ada-P3 aCeitdoe AMENDMENT NO. 1 TO AGREEMENT FOR WATER SERVICE AMENDMENT NO. ONE TO AGREEMENT FOR WATER SERVICE THIS AMENDMENT NO. ONE TO AGREEMENT FOR WATER SERVICE ("Am n ent No. 1" ) is made and entered into as of this �Qday of 0V9 , 1999, by and between CENTRAL WELD COUNTY WATER DISTRICT t"Water District" ) , BEEBE DRAW FARMS METROPOLITAN DISTRICT ("Metro District" ) , and REI LIMITED LIABILITY COMPANY ("Company" ; Water District, Metro District and Company collectively referred to as " Parties" ) . RECITALS A. The Parties have previously entered into the Agreement for Water Service dated as of June 27, 1995 ("Agreement" ) , under which the Water District has agreed to furnish water service to the Property owned by the Company within the Metro District according to the terms, conditions and limitations set forth therein. B. The Parties desire to supplement certain provisions of the Agreement relating to the acquisition and transfer of water supplies for development of the Property. This Amendment No. 1 will serve a beneficial public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants J of the Districts and the Company. AGREEMENT In consideration of the mutual covenants, agreements, and promises hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to amend the Agreement as follows : 1 . Paragraph 11 of the Agreement is hereby amended by the addition of the following: Any other provision of this Agreement notwithstanding, if either the Metro District or Company has acquired and transferred water supplies to the Water District, which have not been fully used or credited for use to any water tap issued by the Water District and which the Metro District or Company, as applicable, determines will not be used for the development of the Property within a reasonable time, then such Party may direct that any excess water supply be re-transferred to any person specified by such Party, subject to: (i) all transfer regulations of the Northern District, Northern Subdistrict, or other water supplier; (ii) payment of any ✓ transfer fee charged by the Northern District or Northern EDRAMV/TR-SRVCAMD Subdistrict; (iii) if the Water District does not J purchase the excess water supply, reimbursement of any assessment on such water supply imposed by the Northern District or Northern Subdistrict and paid by the Water District during the current calendar year, prorated as of the transfer date; and (iv) a right of first refusal of the Water District to purchase the excess water supply for the original cost thereof, along with interest thereon from the date of acquisition at the rate of six percent (6%) per annum (" Purchase Price" ) . The Water District shall exercise the right of first refusal by making payment of the Purchase Price in certified funds within 30 days after receipt of written notice from the Metro District or Company, as applicable, and if not so exercised, then the right of first refusal shall expire and terminate without condition. Unless impracticable, the Water District will initiate the process to transfer the excess water supply within 30 days after receipt of written notice from the Metro District or Company. The Water District shall not be involved in, and shall have no responsibility for, the terms of sale or payment of the sales price of such excess water supply. Any re- transfer of water supplies shall not be deemed to release or otherwise nullify the obligation of the Metro District and Company to furnish adequate water supplies for the development of the Property according to the terms of the Agreement. 2 . Except as expressly modified by this Amendment No. 1, the Agreement shall remain in full force and effect . All terms and definitions set forth in the Agreement shall have the same meanings and effect hereunder. IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 as of the date above written. CENTRAL WELD COUNTY TER DISTRICT By // Pr!/�y�ent ( S E A L ) Attest: 6-2(4 Secretary Date: 7907 49 0 , 1999 J 2 STATE OF COLORADO } 1 } ss . J COUNTY OF } The foregoing instrument was acknowledged before me this a'-e/ day of /i/a.�� , 1999, by -��,r7Geo £ /7J_tZ& c as President and r; i / as Secretary of the Central Weld County Water District . Witness my hand and official seal. My commission expires : -4ac. .7(2 Z&zr)/ NotaryL/ublic BEEBE DRAW FARMS METROPOLITAN DISTRICT A By: /a G1,6 ,(/ -(Y/ Pres ' d ret S E A L ) Attest : Thomas A. Burk, Secretary Date: JUV\2.r 1(4 , 1999 STATE OF COLORADO } } ss . COUNTY OF JEFFERSON } The foregoing instrument was acknowledged before me this gelA day of OD&LL. , 1999, by James W. Fell as President and Thomas A. Burk as Se5 SI q of the Central Weld County Water District. Witnet$ n444ra$d a id official seal. My c aLima i- -exp4ies : 4no on OV': Notary Public 3 REI LIMITED LIABILITY COMPANY, dba Investors Limited Liability Company ''//�� IC�By: ` Manager Date: � �7 , 1999 STATE OF COLORADO ss . COUNTY OF acWevsca'�, The foregoing instrument wAs cknow edg d before me this day of CU IA , 1999, by KC 1 U _ ICS-1 I CV as Manager of the REI Limited Liability Company, a Wyoming ( limited liability company doing business in Colorado as Investors Limited Liability Company. mood Witness my ha`Oniam4,,,official seal. My commissx a ;ekpi4% It /-30 (00-, ' � UBL, `4o S Notary Public 4 AGREEMENT FOR WATER SERVICE via This Agreement for Water Service ("Agreement") is made and entered into as of this 27th day of June, 1995 , by and between CENTRAL WELD COUNTY WATER DISTRICT ( "Water District" ) , BEEBE DRAW FARMS METROPOLITAN DISTRICT ( "Metro District" ) , each of such Districts being Colorado special districts located in Weld County, and REI LIMITED LIABILITY COMPANY ( "Company" ) , a Wyoming limited liability company doing business in Colorado as Investors Limited Liability Company. WHEREAS, Water District is organized as a special district pursuant to Section 32-1-101, et seq. , C.R. S . , to furnish treated water within its jurisdictional boundaries; and WHEREAS, Water District purchases water from the Carter Lake Filter Plant , a Colorado municipal corporation, which acquires raw water from the Northern Colorado Water Conservancy District ( "Northern District" ) and its Municipal Subdistrict ( "Northern JSubdistrict" ) in accordance with certain agreements between such entities; and WHEREAS, Metro District is organized as a special district pursuant to Section 32-1-101, et seq. , C.R. S . , to furnish treated water, recreation, roads, and related services within its jurisdictional boundaries; and WHEREAS, Company is the owner of certain real property, as is more specifically described in Exhibit A attached hereto and incorporated herein, zoned and platted as an 800-unit residential development commonly referred to as Beebe Draw Farms and Equestrian Center ("Property" ) , and desires to receive treated water service for the Property from the Water District or Metro District; and WHEREAS, the Property comprises all of the territory within the Metro District, is not currently within the jurisdictional .J boundaries of the Water District, but was included into the jurisdictional boundaries of the Northern Subdistrict on March 27, 1986 ; a petition for inclusion of the Property into the Northern District itself is pending final approval by the Secretary of the United States Department of Interior or his delegate; and WHEREAS, Water District, Metro District and Company have determined that the Property can be most efficiently and effectively furnished treated water service by the Water District exclusively utilizing raw water supplied by the Northern District or Northern Subdistrict in accordance with the terms and conditions of service set forth in this intergovernmental contract, which also provides in part for the joint exercise of statutory powers by each District pursuant to Section 29-1-203 , C.R. S . , with the full consent and approval of the Company, THEREFORE, in consideration of the mutual covenants, agreements, and promises hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows : 1 . The Water District shall exclusively furnish treated water service to the Property in accordance with Water District rules and regulations and line extension policies as now adopted or as hereafter may be adopted by the Water District for all its customers, except as otherwise specifically provided herein. All such rules, regulations, and rates, fees, and charges of the Water District relating to water service to the Property shall be applied uniformly among similar users within the jurisdictional boundaries of the Water District, including the Property, except as otherwise specifically provided herein. The Water District may, however, establish different rates and other criteria for service within areas of the Water District as provided by statute . The Metro District will not provide treated water service to the Property. 2 . The Metro District or Company shall pay for and provide all water mains and related facilities either within or without the boundaries of the Metro District in order to furnish water service to the Property. The Water District must give its prior written 2 approval to all construction by the Metro District or Company, or its contractors, upon terms approved by the Water District . A. The Water District must approve such construction by the Metro District or Company, or its contractors, by subsequent written agreement providing for the terms of such installation, including requirements that the materials used shall meet all standards of the Water District and that provides for inspection by the Water District of the construction of such water mains and facilities . The cost of all construction shall be paid by the Metro District or Company to the Water District or to the contractors, as the case may be . B . If construction is performed by the Water District or its contractors, a deposit in the amount hereafter specified shall be paid by the Metro District or Company to the Water District as an advance towards the construction cost of such installation. After completion of such Jconstruction and acceptance , by the Water District, a final adjustment of costs will be made, if necessary. In the event that it is determined that the deposit is insufficient to cover the estimated cost of construction, then the Metro District or Company shall pay to Water District, on demand, additional advances towards the cost of construction. C. The Metro District shall pay a nonrefundable contribution in aid of construction for all offsite transmission and water storage facilities used to furnish water service to the Property in the amount of $300, 000 . No other capital contributions shall be required, except for the actual cost of water mains and appurtenant facilities specified herein. Such contribution in aid of construction shall be paid (i) at such time as the Water District or Metro District has acquired and transferred the raw water supply from the Northern District or Northern Subdistrict 3 to the Water District as hereinafter provided, or (ii) on July 1, 1997, whichever event occurs first . In the event such contribution in aid of construction is not paid for any reason, then this Agreement shall terminate and be of no further force or effect, unless the Water District extends such payment date by written notice . D. If the installation is constructed by the Metro District or Company, or its contractors, the Metro District or Company shall transfer all right, title, and interest in and to such facilities installed as well as necessary easements and appurtenances and related property rights to the Water District by good and sufficient assignment or bill of sale with warranties of title and by general warranty deed. Such transfer shall be made free and clear of all liens and encumbrances . The Metro District or Company shall furnish sufficient evidence of title with a "Form 100" endorsement to a standard ALTA title policy, if required by the Water District . The Metro District or Company shall furnish appropriate lien releases or a good and sufficient bond in form acceptable to the Water District in order to insure that all construction costs have been paid in full . All labor and materials shall be warranted for defects of any kind by the Metro District or Company, or its contractors, for two years from the date of written acceptance of such facilities by the Water District . The Water District, upon receipt of the documents of transfer and evidence of title, shall consider whether to accept or reject the installation. If the Metro District or Company has complied with the applicable provisions of this Agreement and all other conditions precedent to the acceptance of such facilities, the Water District shall approve and accept the transfer and shall thereafter assume all operation, maintenance, repair and replacement of such facilities . In no event shall the Water District assume any ownership, operation, or maintenance of any 4 installation on the service side of a customer' s meter installation. E . The design and fire flow of the water facilities installed to serve the Property shall be subject to review and comment by the fire protection authority with jurisdiction over the Property prior to installation of such facilities . 3 . The Water District will sell water taps in accordance with the terms of this Agreement and Water District rules and regulations for improvements constructed on the Property within the Metro District upon a customer' s application for service and payment of all fees and charges set forth in Water District rules and regulations, subject to the general availability of such water taps and the reasonable responsibility of the Water District to furnish treated water service to the Property recognizing that temporary interruptions of water service may occur. If the Water District cannot furnish an adequate raw water supply for the development of the Property, the Metro District or Company shall acquire adequate raw water supplies for each phase of development of the Property from the Northern District or Northern Subdistrict in accordance with their established policies or from other sources acceptable to the Water District and transfer such water supplies to the Water District for service to the Property in accordance with Water District rules and regulations; provided that, the Metro District may reuse all water acquired and transferred from the Northern Subdistrict to the Water District for irrigation of Metro District recreational facilities or other District purposes, subject to all applicable reuse regulations of the Northern Subdistrict . In order to provide raw water supplies for the Property as herein provided, the Metro District or Company agree to transfer the units of Northern District or Northern Subdistrict water rights so acquired to the Water District for such purpose . The total value of such units shall be applied as a credit against the raw water fee of the Water District at the time of issuance of 410 each such tap; the customer shall pay only the capital improvement 5 fee component of the Water District tap fee and other standard charges due at the time of the tap installation. The Water District will be obligated to serve no more than 800 residential equivalent units on the Property for which an adequate supply has been furnished by the Metro District or Company in accordance with all terms set forth herein. In addition to the rates, fees and charges of the Water District, the Metro District may impose fees and charges to customers within the Metro District for water and facilities furnished by the Metro District, and such fees and charges shall be collected by the Water District from such customers at the time of issuance of water taps and remitted to the Metro District . 4 . Customers within the Water District and Metro District shall commence payment of the uniform rates of the Water District , including minimum fees, on the date of setting of the water meter and the availability of water for use at the tap . 5 . The terms of this Agreement shall apply only to the J Property, and the water taps provided in accordance herewith may be used only upon the Property which must be located within the jurisdictional boundaries of the Metro District and Water District . The parties hereto agree that this Agreement shall be an intergovernmental service contract subjecting the Property to all terms, provisions, and limitations set forth herein, which Agreement may be recorded establishing covenants running against the Property itself . 6 . The Company shall provide the Water District with an accurate copy of the final plat of the Property to be served by the Water District . If the plat must be approved by the County Commissioners, then a copy of the final plat recorded with the County Clerk must be provided to the Water District . 7 . The Company hereby grants to the Water District and Metro District the right to enter upon the Property and all roads, rights-of-way, and utility easements described on the final plat of 6 the Property to construct , operate and maintain the facilities herein described, together with the right of ingress and egress and the right to cut and trim trees and shrubbery to the extent necessary. The Company shall convey to the Water District all easements reasonably required by the Water District for facilities which are not located in dedicated roads, rights-of-way, or utility easements, on the District' s form of easement, and the Water District shall not be responsible for any delay in providing service to the Property in the event of failure to provide such easements . This provision of the Agreement shall be specifically enforceable by the Water District . 8 . The water facilities herein described are required by dates to be subsequently specified by the Metro District and Company. In the event the Water District installs any such facility, the Water District shall use reasonable diligence in completing such facility by the specified date . If such facilities cannot be installed because of act of God, governmental authority, action of the elements, accident, strikes, labor trouble, inability to secure materials or equipment, or any cause beyond the reasonable control of the Water District, the Water District shall not be liable therefor or for damages caused thereby. 9 . In the event that the Water District installs such facilities, the Water District shall install the facilities described herein in accordance with good engineering and construction practices after the Company has established platted property lines and the Metro District has excavated streets, rights-of-way, and easements to final grade and prior to the paving of streets and construction of curbs and gutters, if applicable. The Metro District or Company, as applicable, shall reimburse the Water District for any expense due to subsequent changes made by the Metro District or Company. 10 . Water service shall be provided to individual customers on the Property located within the Metro District at the applicable rates adopted from time to time by the Water District for all 7 customers within the jurisdictional boundaries of the Water District in accordance with Water District rules and regulations as now established or as may hereafter be established. On or before the date that payment is made as required in Paragraph 2 . C. of this Agreement, the Company agrees to petition to the Water District to include the Property into the Water District and to pay all costs associated with the inclusion process and to do all other necessary acts to include the Property within the Water District . If the Metro District and Water District determine that it is necessary and desirable to acquire Colorado-Big Thompson water units ( "CBT Water" ) from the Northern District to serve the Property, the Company also agrees to petition to the Northern District to include the Property into the Northern District and to pay all costs associated with the inclusion process and to do all other necessary acts to include the Property into the Northern District . No water service shall be provided except to the Property included within the boundaries of the Metro District , Water District, Northern Subdistrict, and if CBT water is to be utilized thereon, Northern District . All parties agree that no other person or property shall be permitted to receive such water service which is to be furnished only to the Property in accordance with terms and provisions of this Agreement . 11 . The Water District agrees to allow installation of 800 residential equivalent water taps (with no more than 100 tap installations per year, unless specifically approved by the Water District) within the Property which shall be located within the Water District and Metro District, subject to all terms and provisions of this Agreement . All water taps greater than five- eighths inches shall be approved by the Water District. No water taps will be served by the Water District until all applicable terms and conditions of this Agreement have been complied with by the Metro District and Company, including the transfer of the above-described water rights . The Water District acknowledges and agrees that the Property will be developed in various phases and that all such water supplies, mains and related facilities specified in this Agreement shall be acquired, provided, and 8 transferred to the Water District incrementally according to each .10 developmental phase as approved by the Water District, which approval shall not be unreasonably withheld. The water taps furnished hereunder may be used only on the Property which is located within the Metro District, unless otherwise expressly approved in writing by the parties hereto. Any transfer of water taps to other property shall be made in accordance with the terms of a supplemental written agreement and the requirements of the Water District and its rules and regulations . Any right to receive a water tap option or water rights credit under this Agreement, whether upon the Property or at any other place, shall expire and become null and void twenty years after the date of this Agreement; provided that, after such date the Metro District shall have a perfected right to obtain a water tap from the Water District for use within the Property if (i) raw water supplies therefor have been acquired by the Metro District or Company and transferred to the Water District, (ii) the monthly minimum charge (inactive service status) for such water tap is paid to the Water District, and (iii) the Metro District and Company comply with all other JWater District rules and regulations . The Metro District and Company shall not encumber, mortgage, or collaterally assign such water tap without the prior written consent of the Water District . The Metro District and Company shall not encumber, mortgage, or collaterally assign such water taps without the prior written consent of the Water District . In all other respects, such water taps or water rights credits shall be treated as the personal property of the Metro District or Company, as applicable . 12 . The Metro District, Company, and future customers within the Property agree to abide by all rates and rules and regulations of the Water District as now established or as may hereafter be established by the Water District; provided that all such rates, rules and regulations shall be uniform throughout the Water District and consistent with the express terms and provisions of this Agreement; provided, however, that the Water District may establish different rates and other criteria for service within areas of the Water District as provided by statute . The Water 9 District shall not be liable for any injury or damage for failure to deliver water for any reason, including but not limited to war, J riot, insurrection, Act of God, or breaks or failure of the water system. 13 . This Agreement may be amended from time to time by a written agreement between the parties hereto signed by the duly authorized representatives of such parties . No agent or representative of the Water District or Metro District has the power to amend, modify, alter or waive any provision of this Agreement . Any promise, agreement or representation made by an agent or representative of the Water District or Metro District not herein set forth shall be void and of no further force or effect . 14 . The Metro District and Company understand and agree that all fees, rates, tolls, penalties or charges for services, programs, or facilities furnished by the Water District in accordance with the terms of this Agreement constitute a perpetual lien on the portion of the Property served, and that such lien may ,,J be foreclosed in the manner provided by State law, pursuant to Section 32-1-1001 (1) (j ) , C.R. S . In the event that the Metro District, Company or any individual customer, as applicable, fails to abide by any of the terms or conditions of this Agreement, the applicable party which is responsible therefor shall pay all costs and expenses incurred by the Water District as a result of any such breach, including direct and consequential damages, loss of revenue, attorney fees, court costs, expert witness fees, and other expenses . 15 . This Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors, and assigns of the parties hereto. Except as provided herein, this Agreement shall not be assigned without the prior written consent of the Water District . 10 16 . The Agreement dated October 30 , 1985, between the Water _ 4) District and Beebe Draw Land Company, Ltd. , relating to the Property has been terminated in accordance with its terms and is no longer effective . The Metro District and Company acknowledge and agree that such Agreement is terminated and of no further force or effect . IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CENTRAL WELD COUNTY WATER DISTRICT resident r�B15-\( S E A L ) Attest : ra-42ti..a- t,C ' vcvy- � 'Secretary r Date : r(�e/ 20 , 1995 J (/ STATE OF COLORADO ) ss . COUNTY OF ) The fore oing instrument was acknowledged before me th4s2U-6- day of Sir , 1995, by S_2-72-7-27,, £ ,Y/ -4't(t&, Y as President and t&..rvtc_, ,c) /9Ce�C- as Secretary of the Central Weld County Water District . Witness my hand and official seal . My commission expires : 4// -3r) /9917 Notary pblic 11 BEEBE DRAW FARMS METROPOLITAN J DISTRICT A9€T V. . By { - `� r• `.•v. -. Ja e W ell, esi ent ' � '{�� r f i s`� Atte �:.•v. t �-iris =, i Thomas A. Burk, Secretary t4 am; '.;?A on " !; Date : June 27, 1995 STATE OF COLORADO ) ss . COUNTY OF JEFFERSON ) The foregoing instrument was acknowledged before me this 27th day of June, 1995, by James W. Fell as President and Thomas A. Burk as Secretary of the Beebe Draw Farms Metropolitan District . Witness my hand and official seal . Ily;yccommission expires : 11/30/�9p6• / �� 43/47%." 'b' "'`V' / l� ,�t�/ ' t ig Notary Public �u/r`(l \kw, 12 REI LIMITED LIABILITY COMPANY, dba Investors Limited Liability Company By Manager Date : �;�'r! % , 1995 STATE OF COLORADO ) ss .. COUNTY OF J FFER. � ) P. The foregoing instrument was acknowledged before me this a day of , 1995, by RoUci . R. (c2- Itcy as Manager of the REI Limited Liability Company, a Wyomind limited liability company doing business in Colorado as Investors Limited Liability Company. - E W7i ✓ess my hand and official seal . J �. 1130 �� `°��.•��' �Oq� ssion expires : , 1.2 i t�,. y W40616(11166-.% p N�°;k \G, '. Notary Public • L 13 ` EXHIBITA J Legal Description of Company Property The Property of Company referred to in the foregoing Agreement for Water Service is situated in Weld County, Colorado, and is more specifically described in that certain Sheriff's Deed dated June 17, 1994, recorded in the County records at Book 1447, Folio 0575, Reception No. 02393929 , a copy of which is attached hereto as Exhibit A-1 and incorporated herein by reference. J EXHIBIT A • B 1447 REC 02393929 06/17/94 16:25 $70.00 1/014 F 0575 MARY ANN FRUERSTEIN CLERK & RECORDER WELD CO, CO AR2393929 DISTRICT COURT, WELD COUNTY, COLORADO Case No. 93 CV 214, Courtroom I SHERIFF'S DEED REI LIMITED LIABILITY COMPANY, a Wyoming limited liability company, doing business in Colorado as INVESTORS LIMITED LIABILITY COMPANY, Plaintiff, : V. BEEBE DRAW FARMS, LTD. , a Colorado limited partnership; DRS. ELLIOTT, HANSETH & WALKER, P.C. , FROZEN PENSION PLAN, formerly known as DRS. ELLIOTT, HANSETH & WALKER, P.C., DEFINED BENEFIT PENSION PLAN, also known as DRS. ELLIOTT, HANSETH & WALKER DEFINED BENEFIT PENSION PLAN, a trust; • LANDE MANUFACTURING COMPANY RETIREMENT' PLAN AND TRUST, a trust; DARREL BENSON; WILLIAM S. GRIPMAN; W. GERALD RAINER, M.D.P.C. EMPLOYEES DEFINED BENEFIT PENSION PLAN, a trust; COLORADO CONTAINER CORPORATION EMPLOYEES DEFERRED PROFIT SHARING TRUST, a trust; RICHARD E. SLAUUnvrrat; RICHARD E. DAMIANO; C. L. PHILLIPS & ASSOCIATES, INC. PROFIT SHARING PLAN, a trust; COLORADO CONTAINER CORPORATION PENSION TRUST, a trust; ROLLIE R. KELLEY; BEEBE DRAW CATTLE CO. , a' colorado limited partnership; and JAMES M. KADLECEK, as the Public Trustee in and for Weld County, Colorado: Defendants. THIS DEED is made June 17, 1994, between ED JORDAN as the Sheriff of the County of Weld, State of Colorado, and REI LIMITED LIABILITY COMPANY, a Wyoming limited liability company, doing business in Colorado as INVESTORS LIMITED LIABILITY COMPANY, grantee, the holder of the certificate of purchase, whose legal address is 4221 Monaco Street, Denver, Colorado 8021,6. WHEREAS, REI LIMITED LIABILITY COMPANY, a Wyoming limited liability company, doing business in Colorado as INVESTORS LIMITED LIABILITY COMPANY, did, in the District Court for the County of Weld, Colorado, obtain a judgment and decree against BEEBE DRAW FARMS, LTD. , dated January 14, 1994, directed to the Sheriff of the County of Weld, Colorado; and WHEREAS, by virtue of said judgment and decree, the Sheriff levied upon the property hereinafter described and, after public notice had been given of the time and place of OCT 21 '94 10:00 3035340514 PFlGE.002 • B 1447 BBC 02393929 06/17/94 16;25 - $70,00 2/014 • F 0576 MARY ANN PEUERSTEIN CLERIC & RECORDER WILD CO, CO sale as required by law, said property was offered for gale and sold according to said notice, and a certificate of purchase was made and recorded in the office of the County Clerk and Recorder; and WHEREAS, all periods of redemption have expired: NOW, THEREFORE, Y, ED JORDAN, Sheriff of the County of Weld, Colorado, in consideration of the premises, confirm the sale and sell and convey to grantee the following described property located in the County of Weld, State of Colorado, more particularly described in Exhibit A, attached hereto, consisting of twelve (12) pages, incor- porated herein by this reference as though fully set forth, and including all land lying in the bed of any street, road, avenue, alloy, stream or river, in front of or adjoining the property: all buildings, structures and improvements now on the property, and all fixtures, equipment, appliances and furnishings attached thereto: all proceeds of the conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims, including, without limitation, proceeds of insurance and condemnation awards; all the rights (including water rights and shares of water stock) , permits, hereditaments and appurtenances thereto belonging or in any way appertaining; and all the rents, issues, uses, profits and income from J the property. • TO HAVE AND TO HOLD the same, with all appurtenances, forever. ED JORDAN, Sheriff of the County yY [!of Weld, Colorado 8y:"F�/ J Da iu' �%!iaCLt� STATE OF COLORADO `v\ ) as. COUNTY OF WELD The foregoing instrument was acknowledgqed before me this /711` day of June, 1994, by MARY .5aAftwARTZ. as geputy Sheriff of the County of Weld, Colorado. a':.......,, Witness my hand and official seal. • :•rs^ My commission expires: /D-lo '4L . • Litt?. : 1, //al/1111 •'. f 1 �iii��L��✓✓�/ill N -ry Publ 2 • OCT 21 '94 10:01 3035340514 PAGE.003 B 1447 REC 02393929 06/17/94 16:25 $70.00 3/014 F 0577 MARY ANN PEUERSTEIN CLERK & RECORDER WELD CO, CO J ' EXHIBIT A TO SHERIFF'S DEED A tract of land located in Sectipns 3, 4, 5, 8, 9, 10, 15, 16, and 17. Township 3 North, Range 65 West of the Sixth Principal Meridian, Weld • County, Colorado, being more particularly described as follows: Beginning at the Southeast Corner of said Section 16 and considering the ' South line of said Section 16 to bear S 89' 27' 03' V with all bearings herein being relative thereto; Thence along the South line of said Section 16, S 89' 27' 03' V, 5139.13 feet to the Southeast Corner of said Section 17; • Thence along the South line of said Section 17, S $9' 33' 00' W, 5328.46 feet to the Southwest Corner of said Section 17; • Thence along the West line of said Section 17, N 00' 29' 57' W, 5259.91 feet to the Northwest Corner of said Section 17; Thencs along the Vest line of said Section 8, N 00' 09' 35' W. 5292.39 feet to the Northwest Corner of said Section 8; Thence along the West line of said Section 5, N 00' 24' 57' W, 3981.69 feet .to the Southwest Corner of the Worth Half of the Northwest Quarter of said Section 5; . Thence along the South line of said North Half of the Northwest Quarter of • Section 5 N 89' 44' 30' £, 2631.54 feet to the Southeast Corner of the North Half of the Northwest Quarter of said Section 5; Thence along the South line of the Northwest Curter of the Northeast Quarter of said Section 5 N 89' 44' 27' E, 1331.69 feet to the Southeast • Corner of the Northwest Quarter of the Northeast Quarter of said Section 5;of the Northeast—.Thence ofesaidalong Sectione5ENst 03'ine 31'of the Northwest 12' V. 1325.38 festrtorthe Northeast Corner r of the Northwest Quarter of the Northeast Quarter of said Section 5; • Thence along the North line of said Section 5, I 19' 40' 15' E, 1333.51 feet to the Northeast Corner of said Section 5; 'to the Point the North of Intersection of of the loath Liion ne of8said5Section,43with49 theNt • • centerline of the Platte Palley Canal; • • Pegs lofl2 ' 110 • (CT 21 '94 10:02 Taw SP514 PFGE.004 . B 1447 REC 02393929 06/17/94 16:25 $70.00 4/014 • F 0578 MARY ANN PEUERSTEIN CLERK & RECORDER WILD CO, CO J Thence S 40' 04' 03' E. 16.01 feet; Thence along the centerline of the Platte Valley Canal as recorded in loot 1068, Reception No. 02008616 of the Weld County Records, by the following 25 courses: • 1 - 5 10' 09' 07' M, 45.49 feet; 2 - S 27' 01' 47' V. 281.98 feet; 3 • S 35' 02' 43' V, 129.95 feet; 4 • S 46' 24' 26' V, 113.95 feet; 5 - S 67. 56' 02' V, 114.41 feet; 6 - 158.51 feet along the are of a curve to the left, hiving a central ' angle of 43' 14' 52' and a radius of 210.00 feet, and a long chord that bean S 46' 18' 36' V, 154.78 feet; 7 - S 24' 41' 10" W, 39.72 feet; 8 • 252.45 feet along the arc of a curve to the left, having a central angle of 68' 10' 00' and a radius of 217.23 feet, and a long chord that bears S 09' 23' 54' E. 243.48 feet; • • 9 - S 43. 28' 58' E. 159.97 feet; • f 10 - 69.50 feet along the arc of a curve to the right, having a central angle of 48' 38 11', and a radius of $1.88 feet, and a long chord that bears S 19' 09' 53' E, 67.43 feet; 11 - S 05' 09' 12' V.. 19.20 feet;' ' _— . —. •• • . _ - • -. ..•- - ._ c . the arc curve to the riht 12 • 1 .95 fetaenggle ofe25'a14'lon910'. and if radius of 206.90 feet, and a9 central long chord . that bears S 18' 06' 17' V. 116.95 feet; 13 - S 31' 03' 22' V, 130.58 feet; 14 • S 09' 40' 40' V. 95.26 feet; 15 - 5 03' 11' 43' t. 116.07 feet; 16 • al angle of 36' 30' 36', and afradius oft 18the 24ifeet having long chord that bean S 21' 27' 01' E. 112.92 feet; Paget 2 of 12 4401 • 0CT 21 '94 10:03 3035340514 PFlGE.005 81447 AEC 02393929 06/17/94 16:25 $70.00 5/014 F 0579 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 17 - S 39' 42' 18' E, 116.57 feet; 18 angle along 31',aa of radius of°114.82efeet,,aand aalongtchord that bears $ 62' 23' 34" E, 88.57 feet; 19 - S 85. 04' 50' E. 170.71 feet; • • • 20 • 151.01 feet along the arc of a curve to the right, having a central angle of 68' 29' 30" and a radius of 126.33 feet, and a long chord that bears S 50' 50' 04' E, 142.18 feet; 21 - S 16. 3S' 19' E, 120.95 feet; . 22 - 196.66 feet along the arc of a curve to the right, having a central angle of 25' 35' 07' and a radius of 440.41 feet, and a long chard that bears S 03' 47' 46' E, 195.04 feet; 23 - 3 W8' 59' 48' M, 101.24 feet; 24 - 251.82 feet along the arc of a curve to the left, having a central wale of 59' 32' 10', a radius of 242.34 Fitt, and a long chord that bears S 20' 46' 16• E, 240.64 feet; 25 • $ 50',•32' 21' E. 97.59 feet; • • • Thence M 8q' 31' 39' E. 2111.76 feet; Thence M 17' 52' 53' Y, 380.92 feet; Thence M 89' 31' 39' E. 337.17 feet; Thence M 00' 28' 21' M, 150.00 feet; • Thence M 89' 31' 39' E. 1867.95 feet; Thence S 00' 14! 30' V. 680.87 feet; Thence S 88' 49' 23' E. 78.63 feet; Thence S 12' 49' 39' E, 29.72 feet; . Thence $ 77' 10' 18' W, 30.00 feet;• Thence S 12' 49' 43' 1, 30.00 feet; Thence M 77' 10' l8' E, 30.00 feet: Page, 3 of 12 OCT 21 '94 1003 3035340514 PAGE.006 • B 1447 REC 02393929 06/17/94 16:25 $70.00 . 6/014 F 0580 MARY ANN PEUERSTEIN CLERK & RECORDER WELD CO, CO • : Thence S 12' 49' 56' C. 11.11 feet; Thence S 19' 28' 28' E. 608.59 feet; Thence S 43' 52' 15' E, 959.19 feet; Thence S 11. 49' 10' E, 159.59 feet; • Thence S 60' 06' 36' E, 1097.85 feet; Thence S 22' 11' 13' E. 2189.07 feet; Thence 5 17' 55' 41' M, 814.01 feet to a point on the north line of a tract of thelWelddCounty Records;d as cThence alone saidook 68 no ther linecbytion las.the following of courses: 1 - S 38' 04' 26" W, 66.71 feet; 2 - S 70' 24' 28' W, 210.50 feet; 3 - M 65' 42' 40' W, 1366.02 feet; • 4 - M 44' 48' 50' V, 1115.90 feet; S - S 71' 20' 00' M, 138.08 feet;. Thence S 71' 20' 00' W, x40.88 feet; Thence S 43' 34' 00' E. 318.00 feet; Thence S 16' 14'. 00' E. 175.00 feet; •" ' Thence 500' 40' 00' E. 380.00 feet; Thence S 27' 02' 02" W. 73.00 feet; Thence N 65' 16' 00' W. 155.00 feet; Thence N 56' 09' 00' W. 462.00 feet; Thence M 68' 59' 00" M. 256.00 feet; • _ • Thence S 31' 13' 00' W. 248.00 feet; • Thence S 80' 26' 00' W. 194.00 feet; • Page 4 of 12 JJ OCT 21 '94 10:04 3035340514 Pf7GE.007 ^-.., r^1 -- a 1447 AEC 02393929 06/17/94 16:25 $70.00 7/014 F 0581 MARY ANN FE0ERSTEIN CLERK & RECORDER WILD CO, CO Thence N 65' O1' 00' W. 214.52 feet to a point on the east boundary of a tract of land described in Exhibit 'A', look 1068, Reception No. 02008614 of . the Weld County Records; Thence along said east boundary by the following 13 courses: 1 - N 29' 11' 51' W. 43.31 feet; • 2 - N 35. 35' 04' x, 245.27 feet; • 3 • N $9. 49' 46' W, 52.20 feet; 4 - N 34' 41' 43' W, 94.87 feet; • • 5 - N 40' 48' 08' E, 154.56 feet; • 6 - N 72' 48' 51' E, 101.53 feet; 7 - N 31' 54' 29' E, 62.43 feet; 8 - N 17' 31' 32' E. 59.77 feet; 9 - N 20' 04' 17• W, 110.72 feet; IS In - N 07' 06' 02" W, 291.23 feet; ' 11 - N 11' SO' Ol' W, 107.28 feet; • A2 - N 33' 54' 04• W, 150.60 feat; • 13 - N 07' 02' 17' W, 163.23 feet to a point on the east boundary of a tract of land described in Exhibit '8', look 1068, Reception No. 02008614 of the Weld County Records; Thence along said east boundary, and alone the northerly and a portion of the westerly boundary of said tract of land by • the•following 56 courses: -- _ . -... . _. . - 1 . N 36' 47' 35' E, 143.90 feet; 2 . N 67' 06' 34' V, 102.'x0 feet; 3 • N 65' 59' 14" W, 50.60 felt; 4 . N 69' 22' 13' M, 50.23 feet; • 5 - N 71' 52' 38' W, 50.07 feet; • • 6 - 11 74. 30' 37' W, $0.00 feet; 7 - N 77' Cl' 49' W, 50.04 feat; Page S of 12 _ 3035340514 PAGE.008 • I 94 F 0582 MARY0 ANN 3FEURRSTRIN/CLRRR682RgcORDBR WELD CO,OC14 O J 8 - M 79' 52' 59' W. 50.19 feet; 9 N 78' 58' 20" W. 50.13 feet; 10 - N 77' 22' 24' W.•50.05 feet; 11 - N 75' 18' 44' W, 50.00 feet; 12 - N 73' 56' 14' W, 50.01 feet; 13 - N 75' 59' 59" W. 50.01 feet; 14 - N 78' 03' 33' W, 50.08 feet; 15 - N 77' 49' 51' W. 54.07 feet; 16 - N 78' 30' 57' W. 50.10 feet; • 17 - N 88' 50' 241 W, 75.38 feet; 18 - N 27' 27' 03' W. 111.80 feet to a point on the south line of said . Section 3; . . 19 - N 27' 27' 03'W, 61.51 feet; •20 - N 38' 44' 16' W, 50.00 feet to a point on the east line of slid Section 4; 21 - N 38' 44' 16" W. 20.57 feet; •` 22 - N 37' 14' 56' W. 50.03 feet; 23 - 138' 51' 09" i. 50.00 fiat;, . . . . 24 - N 39' 46' 09' V. $0.00 feet; 26 - N 38' 1$'17' W. 39.47 felt; . • 26 - N 11. 21' 47' W. 28.76 feet; 27 - N 10' 11' 15' W. 100.03 feet; 28 - 111' 06' 14' W. 60.00 feet; • 29 - N 10' 11' 15' W. 50.01 feat; 30 - N 09' 43' 45' W. 50.02 feet; . Pegs 6 of 12 4110 0CT 21 '94 10:05 3035340514 PRGE.009 • B 1447 REC 02393929 06/17/94 16:25 $70.00 9/014 JF 0583 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 31 - N 09' 16' 18' WI 50.04 feet; 32.- N 11' 47' 29" W, $0.00 feet; • 33 - N 15' 27' 08' W, 50.12 feet; 34 - N 17' 02' 4S' W, 100.46 feet; 35 - N 88' 04' 22',V, 8.11 feet: 36 - N 55' 06' 47' W, 68.8E feet; 37 - M 28' 02' 02' W, 24.62 feet; • 38 - N 01' $9' 49' E, 64.86 faet; 39 - N 24' 17' 59' W, 51.56 feet; 40 - N 34' 33' 13' W, 50.12 feet; 41 - N 38' 26' 37' W. 50.00 feet; 42 - N 42. 33' 43' V, 50.13 feet; . • 43.- N 61' 52' 04" W, 76.22 feet; .44 - N 89' 17' 02' E, 139.17 fest; 45 - N 03' 45' 51' W, 390.32 feet; 46 - N 70' 52' 01' W, 116.11 feet; 47 - N 72' 17' 16' V, 122.30 feet; ' • • 4;t . N 55' 39' 25' W, 181.68 feet;' - - - 49 - N 31' 18' 35' W, 1063.87 feet; 50 - S $8' 31' 52' W, 57.39 feet; 51 - S 31' 28' OS' E, 492.16 feet; • 52 - S 30' 42' 10' E, 31.11 felt; . 53 - S 10' 25' 09' E. 63.38 feet; • S4 - 68.62 feet along the arc of a curve to the left, having a central anele of'23' 10' 57', a radius of 168.50 feet, and a long chord that bears south 22'.05° 08' E, 68.14 feet; j Pagr 7 of 12 rrT 21 '94 10:06 3035340514 PFCE.010 47) • B 1447 REC 02393929 06/17/94 16:25 170.00 10/014 F 0584 MARY ANN PEUERSTEIN CLERK & RECORDER WELD CO, CO SS - S 33' 45' 06' E, 92.28 feet; 66 - S 38' 27' 03' E, 30.14 feet; Thence S 51' 32' S8' 11, 98.00 feet to a point on the west boundary of a tract of land described in Exhibit 'A', took 1068, Reception No. 02008614 of the Weld County Records; Thence along said west boundary by the following 58 courses: 1 - S 00' 23' 32' t, 177.92 feet; • 2 - S 10' 18' 17' E. 78.26 feet; 3 - S 30' 46' 13' 1, 152.46 feet; • 4 - S 47' 56' 06' t, 110.45 fest; 5 - 5 64' 54' 59" E, 51.89 feet; 6 - S 33' 41' 24' E. 43.27 feet; 7 - S 65' 27' 41' E, 50.57 feet; 8 - S 19' S8' 39' E, 58.52 feet; 9 - N 7Y 38' 46' W, 16.76 feet; 10 - N 30' 27' 5A' Y, 39:45 feet; 11 - S 66' 48' 05' V, 53.31 feet; . • 12 • S 37' 58' 1R' W, 52.01 feet; 13 - S 01_ 53' 36' W, 121.07 feet; . • . 14 - S 19' 17' 24' V, 63.57 feet; 15 - $ 06' 08' 48' W, 65.38 feet; ' 16 - S 33' 32' 10' E, 103.17 feet; 17 - S Si' OS' 51' E. 52.43 feet; 18 - S 76' 52' 47' E, 136.57 fat= 19 - S 67' 47' 47' to 52.92 feet; Page 8 of 12 0CT 21 '94 10:06 3035340514 PAGE.011 _ ._ B 1447 REC 02393929 06/17/94 16:25 $70.00 11/014 F 0585 NARY ANN FBUBRSTSIN CLERK & RECORDER WELD CO, CO 20 - $ 31' 54' 29' E, 62.43 feet; • 21 - S 12' 12' 02' E, 75.71 feet; 22 - S 15' 36' 40' E, 70.60 feet; . 23 - S 00' 46' 46. 1, 147.01 felt; 24 - S 40' 38' 56' E, 130.48 feet; 25 - 5 04' 53' 57' E, 70.26 feet; 26 - 5 24' 20' 28• w, 46.10 feet; . , 27 - 5 13' 34' 14' E, 59.67 feet; 28 - S 35' 26' 24' E. 118.59 feet to a point on the south line of said Section 4; • 20 - S 35' 24' 24' E, 17.65 feet; 30 - S 49' 59' 37' E, 73.11 feet; 31 - 5 83' 07' 06'.E, 58.42 feet; . - 32 - 5 65' 05' 43' E, 92.61 feet; 33 - S 58' 24' 46' E, 69.35 feet; 34 - S 36' 36' 25' E, 43.60 feet; . .._ 35 - S 24'_34'_02'.E, 38.48 feet; _ 36 - 5 40' 21' 52' E, 105.00 feet; • 37 - S 63' 26' 06' E, 36.45 feet to a point on the east line of said Section 9; 38 - 5 63' 26' 06' E, 37.34 feet; • 39 - S 10' 42' 47' E, 112.97 feet; 40 - S 35' 26' 45' £, 144.84 feet; Page 9 of 13 3035340514 PPM.012 • • B 1447 REC 02393929 06/17/94 16:25 370,00 12/014 F 0586 MARY ANN FEUER8TEIN CLERK A RECORDER WELD CO, CO 41 - 5 52' 48' 55' E, 145.60 feet; 42 • 5 67' 46' 30' 1, 100.46 feet; 43 - S 53' 14' 4P E, 98.60 feet; 44 - S 36' 35' 28' E, 82.20 feet; • 45 - S 28' 18' 031'.1, 59.06 feet; 45 - S 52' 31' 26' W, 37.80 fat; 47 - 5 30' 03' 16' W. 183.70 felt; 43 • S 04' 58' 11' E. 46.17 feet; 49 - S 25' M' 28' Y, $5.76 feet; 50 - S O6' 03' -;' E. $6.37 fest; 51 - S 25' 51' SP E. 110.02 fat; 52 - 5 OP 2$' 51'.V. 99.85 fest; ✓ 53 - S 31' 16' 29' E. 157.95 felt; 54 - 5 18' 26' 06' C. 139.14 feet; . 55 • 5 40' 20' 48" E, 122.02 feet; 56 - S 24' 26' 38' E. 48.33 feet; 3 04' 21' 25' E. 105.30 teet;• ' 5a • 5 29' 30' 41' E, 174.35 feet to a point on the east boundary of a tract of land described in Boot 1068, Reception NO. 02008615 of the Weld County Records; Thence a1on9 said east boundary by the following 6 courses:.• ' . 1 - S 37' 11' 26' E. 96.99 fat; 2 • S 52' 03' 11' E, 69.68 feet; 3 - S 55' 31' 1? 1. 148.65 fest; • ; 4 - S 16' I1' 37' E, 13a.93 feet; Page 10 of 12 0CT 21 •94 10:08 3035340514 PAGE-013 B 1447 REC 02393929 06/17/94 16;25 370.00 13/014 F 0587 NARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO S - S 42' 52' 31' E. 177.69 feet; 6 - S 25' 09' 42' E, 48.21 feet; • Thence S 25' 09' 43' E, 106.90 feet; Thence S 24' 47' 31' E, 180.70 test; Thence S 36' 43' 59'•E, 146.03 feet; Thence S 25' 08' 23' W. 111.15 feet; ' Thence $ 02' 01' 55' E. 227.19 feet; • Thence S 27' 01' 04. 1, 93.92 feet; Thence S 13' 36' 48' E. 101.31 feet; Thence S 24' 32' 47' E. 116.37 feet; Thence S 06' 37' 27' E. 234.27 fest; Thence S .07' 03; 43' .V, 151,41 feet; • Thence S 14' 47' 42' it, 113.31 feet; Thence S 05' 07' 42' W, 157.19 feet; Thence S 17' So' 26' V, 90.47 feat; Thence S 42' 18' 14' W. 134.52 feet; , Thence S 19' 19' 41' V. 268.66 feet; • —" . ` . Thence S 30' 21' 06' V, 184.39 Tent; . • Thence S 51' 40' 58' W, 105.15 feet; Thence 5 79' 43' 10' M. 714.61 feet; Thence S 24' 52' 12' II, 224.67 fat; Thence S 07'•13' 57" f, 10.72 fest to a point on the North Line of said Section 15; Thence along said North Tine of Section 15 N 89' 28' 21' E, 66.09 feet; Thence S 00' 41' 51' E. 5264.17 feet to a point on the South Line of said Section 15; Page 11 of 12 -7IYJrl AfC4 A OLY.C Q,A . �r .• B 1447 EEC 02393929 06/17/94 16:25 *70.00 14/014 P 0588 MARY ANNPKU$RSTEIN CLERK & RECORDER WELD CO, CO thence along said south line of said Section 15 589.48'56•W, 358.01 feet to the TRUE POINT of BEGINNING; includingthat portion thereof platted as BESSE DRAW TAMS AND EQUESTRIAN CENTER, FIRST FILING under Revised Plat and Dedication recorded April 12, 1988 in Rook 1192 as Reception No. 2137453, together with the rights of Grantor as Purchase?' under Certificate of Purchase No. S-571 with The State of Colorado dated May 21, 1984 and recorded July 26, 1984 • • in Book 1038 as Reception No. 01975458, as to Section 16, Township 3 North, Range 65 West of the Sixth Principal meridian, Weld County, Colorado. • • • *as evidenced by assignment recorded August 16, 1988 in Book 1205 as Reception No. 02151603 in the records of Weld County, Colorado • • r-. • • • • Page 12 of 12 0CT 21 '94 10:09 3035340514 PHGE.015 • 1 January 1994 • PETITION FOR INCLUSION OF LANDS IN NORTHERN COLORADO WATER CONSERVANCY DISTRICT TO THE BOARD OF DIRECTORS OF NORTHERN COLORADO WATER CONSERVANCY DISTRICT 1. All the owner(s) of lands situated in the County of Weld , State of Colorado, hereby petition(s) and pray(s) that the lands hereinafter described be included in said Northern Colorado Water Conservancy District ("District"). 2. The description of the lands owned by the Petitioner(s) is as follows: PETITIONER DESCRIPTION SEC.TWP.RGE. ACRES A Rat Limited Liability See Exhibit A Sections 3, 4, 5, 3,442 Company, dba Investors to Sheriff's 8, 9, 10, 15 and Limited Liability Deed attached 17, Township 3 Company hereto as Exhibit North, Range 65 I, except for West that land described therein under Certificate • of Purchase No. S-571 in Section 16, Township 3 North, Range 65 West (owned by the State of Colorado) TOTAL ACRES INCLUDED 3,442 CURRENT ASSESSED VALUATION OF LANDS TO BE INCLUDED $ 18,340 235 AMOUNT OF INCLUSION FEE ENCLOSED $ • IwflIUND&M LOTME T5 FORKS Mao 3. A plat of the above described property is attached hereto as Appendix "C." 4. All the owner(s) of the above described property hereby agree(s) to pay to the District an amount which is equal to the ad valorem taxes which would have been paid to the District by the owners of the above described lands if said lands had been included within the boundaries of the District at the time of its creation. This amount will be calculated in accordance with the policy of the District, a copy of which is attached as Appendix"a" 5. All the owner(s) of the above described property and their heirs, successors, and assigns hereby agree to be bound by the Water Conservancy Act, C.RS. § 37-45-101 et. seq., as amended from time to time, and all rules, regulations, and policies of the District as amended or changed from time to time. 6. All of the owner(s) of the above described property hereby agree(s) that inclusion of the above described lands into the District is conditioned on present and future payment of the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the District at the time of inclusion of the Petitioner(s) lands. If such payments are not made on such equal basis, the inclusion of the lands can be terminated for non-compliance with this condition if payments are not otherwise made. 7. All the owner(s) of the above described property have executed Appendix"A" attached hereto. THIS PETITION INCLUDING APPENDIX"A" MUST BE SIGNED BY ALL OF THE OWNERS OF THE ABOVE DESCRIBED PROPERTY TITLE (if in relation to a Partnership or a S CNA Corporation) ADDRESS Manager Investors Limitarl Liability any 4221 Monaco Street Denver, Colorado 80216 STATE OF COLORADO ) ss County of-re Z'SC)C) ) The foregoing instrument was acknowledged before me this .5 day of November A.D. 19 , by QC* t , Manager of REI Limited Liability Company, a Wyoming limited liability company, doing business in Colorado as Investors Limited Liability Company. Witness my hand and Seal. My commission expires: 1;3I/0 I e{- Notary Public IWPSI Vmu&AIJO IMOS FOFAS.4o0 2 ( ) STATE OF COLORADO ) ) ss County of ) The foregoing instrument was acknowledged before me this day of A.D. 19_, by Witness my hand and Seal. My commission expires: Notary Public SSTATE OF COLORADO ) ) ss County of ) The foregoing instrument was acknowledged before me this day of A.D. 19_, by Witness my hand and Seal. My commission expires: Notary Public STATE OF COLORADO ) ) ss County of ) The foregoing instrument was acknowledged before me this day of A.D. 19_, by Witness my hand and SeaL My commission expires: Notary Public IW?Sfwm&ALLOTMENTS FORMS..ou 1 APPENDIX "S Purpose The purpose of this covenant is-to subject Petitioner's property, described in the petition for inclusion and court order for inclusion, to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the Northern Colorado Water Conservancy District ("District") at the time of inclusion of Petitioner's lands. Waiver Petitioner hereby waives any right which may exist to require an election pursuant to article X, § 20 of the Colorado Constitution before the District can impose the mill levies and special assessments specified below. Petitioner also waives any right which may exist to a refund pursuant to article X, § 20 of the Colorado Constitution. Mill Levies and Special Assessments Upon inclusion into the District, and as an express condition thereof, Petitioner covenants to pay the following mill levies and special assessments: 1. Any Class A mill levy or special assessment levied annually by the District and imposed on other similarly situated property within the District. 2. If Petitioner's property is now or is in the future located within a municipality which has an existing or future Class B Allotment of water by the District, and if said municipality defaults on payment of its obligations under any existing or future jClass B allotment contract(s) with the District, Petitioner agrees to pay any special assessment levied by the Board of Directors of the District for the purpose of collecting amounts due under the allotment contract(s). 3. Any amount due under any exiting or future Class D allotment contract on Petitioner's property. Covenant to Run with the Land This covenant will run with and burden the property described in the petition for inclusion and court order for inclusion and binds all future owners of the property. ALL OWNERS OF THE ABOVE DESCRIBED PROPERTY MUST SIGN THIS APPENDIX"A." DATE /JS7l�'GNATUR�ES . ADDRESS %7/5/9 ( g 1'l' Investors Limitad Iiabi 1 ity Company 4221 Monaco Street Denver, Colorado 80216 J (WGS1LAl1D a uumans FOw 6,400 • APPENDIX "B" NORTHERN COLORADO WATER CONSERVANCY DISTRICT RESOLUTION D-941-02-94 NORTHERN COLORADO WATER CONSERVANCY DISTRICT COLORADO-BIG THOMPSON FACILITIES INCLUSION FEE WHEREAS, the inclusion of lands into the Northern Colorado Water Conservancy District (District) makes those lands eligible to receive water from the Colorado-Big Thompson (C-I3T) Project facilities; and WHEREAS, those lands and allottees of water originally included within the District commencing in 1938 have contributed to the cost of construction repayment, operation, maintenance, replacement and administration of the C-BT Project; and WHEREAS, a fee is necessary to place newly included lands and their eligibility for water from the C-BT Project facilities on the same basis as those lands originally included within the District. NOW, THEREFORE LET IT BE RESOLVED that: A fee shall be charged in connection with the inclusion of lands into the District for the purpose of placing such lands on an equal basis as lands originally included within the District. Such fee shall be collected on behalf of and deposited to the Colorado-Big Thompson Water Activity Enterprise Fund. This fee shall be calculated as follows: The sum of the historical (1937 to current year) ad valorem tax revenues received by the District from Larimer, Weld, and Boulder Counties divided by the current assessed valuation of the District lying within those same Counties times the current assessed valuation of the property to be included. Example: Revenues From 3 Counties To Date x Current Valuation of Current Valuations of District Property To Be Included Within 3 Counties For Calendar Year 1993 $ 48,388,184 x Current Valuation of Property $ 3.788,258.060 or 0.0128 x Current Valuation of Property The ratio determined above will be recomputed annually by the District and will be made available upon request. It will be the responsibility of the petitioner to furnish the current assessed valuation of the property involved at the time the petition for inclusion is submitted to the District. Satisfactory arrangements for payment of fees must be made with the District before the inclusion will be approved by the Board of Directors. W' M'i.WLWO a auarMrrts FOAMS•400 Hello