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Home My WebLink About20031101.tiff RI IC A TETRA TECH COMPANY eTh 7,27v 0 j i/i G /i; ea .,it, , 0.9,-- .4 diti • ly DRAFT SUBDIVISION IMPROVEMENTS AGREEMENT 0 /f. Y�� A , VAS i /- iy / 4 /sue/ ,yr% // '% i .of .,≥ye�'y"//fkk,� 4%%. %fir L�% t y„,, ' r 2003-1101 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this day of ,20 ,by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County,"and LifeBridge Christian Church 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: See Exhibit"C" WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be known as Project LifeBridge P.U.D., Filing 1 has been submitted to the County for approval,and WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Plat, Planned Unit Development Final Plat,or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans,plats and supporting documents of the Subdivision Final Plat,Planned Unit Development Final Plat, or Site Plan, which improvements, along with a time schedule for completion, are listed in Exhibits "A"and"B"of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat, the parties hereto promise, covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in connection with the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit "A," which is attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs,plans and profiles,estimates,construction supervision,and the submission of necessary documents to the County. Revised 07/01/2002 1 H:\4270_001\changeofzone\Private Draft Slit LBCC.wpd 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. 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. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit Development improvements listed on Exhibit"A,"which is attached hereto and incorporated herein by reference, according to the construction schedule set out in Exhibit"B"which is also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a Subdivision or Planned Unit Development is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county,the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the Subdivision or Planned Unit Development is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards,those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ,at its own expense,a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said Subdivision or Planned Unit Development improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit"B." The Board of County Commissioners,at its option,may grant an extension of the time of completion shown on Exhibit"B"upon application by the Applicant subject to the terms of Section 6 herein. Revised 07/01/2002 2 H:\4270_001\changeofzone\Private Draft SIA 1.BCC.wpd 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. (THERE IS NO SECTION 5) 6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant,streets within a Subdivision or Planned Unit Development may be approved by the County as public roads and will be maintained and repaired by a Homeowners Association or, in its absence, the owners of lots within the Subdivision or Planned Unit Development. 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 approval of said portions. 6.2 County may,at its option,issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit"B,"and may continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit Development improvements in that phase of the development is 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 its streets and recommend that the Board of County Commissioners partially approve them. Not sooner than nine months after partial approval, 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 or she shall recommend full approval. Upon a receipt of a positive unqualified recommendation from the County Engineer for approval of streets within the development,the Board of County Commissioners shall fully approve said streets as public but with private pay. Revised 07/01/2002 3 H:\4270_001\changeofzone\Private Draft S1A LBCC.wpd 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to One- Hundred percent (100%) of the value of the improvements as shown in this Agreement. Prior to Final Plat approval,the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6) months of the Final Plat approval. If acceptable collateral has not been submitted within six (6) months then the Final Plat approval and all preliminary approvals shall automatically expire. Applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one (1) year after the Final Plat approval(not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of One- Hundred percent (100%) of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames,the County,at its discretion,may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Final Plat or Subdivision Final Plat. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B." 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 of 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. Revised 07/01/2002 4 H:\4270_001\changeofzone\Private Draft SIA LBCC.wpd ^ 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent (100%) of the estimated costs of completing the uncompleted portions of the required improvements,based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement(i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final fifteen percent (15%), or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event,the Letter of Credit shall remain in full force and effect until after the 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(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. Revised 07/01/2002 5 H:\4270_001\changeofzone\Private Draft S1A LBCC.wpd 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 Colorado that the projector a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation Schedule for minimum materials sampling, testing and inspections found in the Colorado Department of Transportation (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. Revised 07/01/2002 6 H:\4270_001\changeofznne\Private Draft S1A LBCC.wpd 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 paragraphs 9.0 thru 9.5 shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets 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 approval by the Board of County Commissioners. 10.0 Public Sites and Oven Spaces: When the Board of County Commissioners, pursuant to a rezoning,Subdivision or Planned Unit Development,requires the dedication,development and/or reservation of areas or sites other than Subdivision or Planned Unit Development streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance with one of the following alternatives,or as specified in the Planned Unit Development(PUD)Plan,if any: 10.1 The required acreage as may be determined according to the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district,for one of the above purposes. My area so dedicated shall be maintained by the County or school district. 10.2 The required acreage as determined according to Chapter 24 of the Weld County Code, may be reserved through deed restrictions as open area,the maintenance of which shall be a specific obligation in the deed of each lot within the Subdivision or Planned Unit Development. 10.3 In lieu of land,the County may require a payment to the County in an amount equal to the market value at the time of Final Plat submission of the required acreage as determined according to Chapter 24 of the Weld County Code. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives,successors and assigns of the Applicant,and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. Revised 07/01/2002 7 H:\4270_001\changeofzone\Private Draft SR I.BCC.wpd IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. APPLICANT: APPLICANT: TITLE: Subscribed and sworn to before me this day of , 20 . My Commission expires: Notary Public ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO Weld County Clerk to the Board ,Chair BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney Revised 07/01/2002 8 H:\4270_001\changeofzone\Private Draft SIA LBCC.wpd EXHIBIT "A" Name of Subdivision or Planned Unit Development: Project LifeBridge P.U.D. Filing: 1 Location: Weld County I-25 MUD Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply) Improvements Quantity Units Unit Estimated Costs Construction Cost Site grading Please Street grading Refer to Street base Exhibits Street paving "D" and Curbs,gutters,and culverts j "E' Sidewalk regarding Storm sewer facilities all items Retention ponds in this Ditch Improvements table. Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply and storage Water Mains(includes bore) Fire hydrants Survey and street monuments and boxes Street lighting Street Names Fencing requirements Landscaping Park improvements Road culvert Grass lined swale Telephone Gas Electric Water transfer SUB-TOTAL: 1 Engineering and Supervision Costs: To Be Determined at Final Plat (Testing, inspection,as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ TBD Revised 07/01/2002 9 H:\4270_001\changeo@one\Private Draft SIA LBCC.wpd 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." By: Applicant Applicant Date: , 20 Title (If corporation,to be signed by President and attested to by Secretary, together with corporate seal.) Revised 07/01/2002 10 H:\4270_001\changeofzone\Private Draft S1A LBCC.wpd EXHIBIT "B" Name of Subdivision or Planned Unit Development: Project LifeBridge P.U.D. Filing: 1 Location: Weld County I-25 MUD Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. All improvements shall be completed within TBD years from the date of approval of the final plat. Construction of the improvements listed in Exhibit"A" shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading Street base Street paving Curbs,gutters,and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply and storage Water mains Fire hydrants Survey and street monuments and boxes Street lighting Street name signs Fencing requirements Landscaping Park improvements Road culvert Grass lined swale Telephone Gas Electric Water Transfer SUB-TOTAL: Please Refer to Exhibits "1)" and E" regarding all items withing this table. Revised 07/01/2002 11 H:\4270_001\changeofzone\Private Draft SIA LBCC.wpd The County, at its option, and upon the request of the Applicant,may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: Applicant Applicant Date: ,20 Title (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) Revised 07/01/2002 12 H:\4270_001\changeofzone\Private Draft SR LBCC.wpd IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this day of ,20 ,by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and LifeBridge Christian Church,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: See Exhibit"C" WHEREAS, a final Subdivision/Planned Unit Development (PUD) Plat of said property, to be known as Project LifeBridge P.U.D., Filing 1 has been submitted to the County for approval; and WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Plat, Planned Unit Development Final Plat,or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision Improvements Agreement guaranteeing the construction of the public improvements shown on plans,plats and supporting documents of the Subdivision Final Plat,Planned Unit Development Final Plat, or Site Plan, which improvements, along with a time schedule for completion, are listed in Exhibits"A"and"B"of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat, the parties hereto promise, covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in connection with the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit "A," which is attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs,plans and profiles,estimates,construction supervision,and the submission of necessary documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or Planned Unit Development to the County for approval prior to the letting of any construction contract. Before acceptance of the roads within the Subdivision or Planned Unit Development by the County, Applicant shall furnish one set of Revised 07/01/2002 1 H:\4270_001\changeofrone Draft SIA LBCC.wpd reproducible "as-built" drawings and a final statement of construction cost to the County. 2.0 Rights-of-way and Easements: Before commencing the construction of any improvements herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights- of-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit Development improvements listed on Exhibit"A," which is attached hereto and incorporated herein by reference, according to the construction schedule set out in Exhibit"B"also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a Subdivision or Planned Unit Development is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county,the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the Subdivision or Planned Unit Development is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards,those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ,at its own expense,a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems,water, gas, electric and telephone services. 3.5 Said Subdivision or Planned Unit Development improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit"B." The Board of County Commissioners,at its option,may grant an extension of the time of completion shown on Exhibit"B"upon application by the Applicant subject to the terms of Section 6 herein. r 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of Revised 07/01/2002 2 H:\4270_001\changeofzone\Public Draft S1A LBCC.wpd every nature and description caused by, arising from, or on account of said design and construction of improvements,and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage,and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Off-Site Improvements Reimbursement Procedure: The subdivider,applicant,or owner may be reimbursed for off-site road improvements as provided in this section when it has been determined by the Board of County Commissioners that the road facilities providing access to the Subdivision or Planned Unit Development are not adequate in structural capacity, width, or functional classification to support the traffic requirements of the uses of the Subdivision or Planned Unit Development. 5.1 The subdivider, applicant, or owner shall enter into an off-site improvements agreement prior to recording the final plat when the subdivider,applicant,or owner expects to receive reimbursement for part of the cost of the off-site improvements. 5.2 The off-site improvements agreement shall contain the following: The legal description of the property to be served. The name of the owner(s)of the property to be served. A description of the off-site improvements to be completed by the subdivider, applicant, or owner. The total cost of the off-site improvements. The total vehicular trips to be generated at build-out by the Subdivision, Resubdivision,or Planned Unit Development,as specified by the ITE Trip Generation Manual, or by special study approved by the Board of County Commissioners. A time period for completion of the off-site improvements. The terms of reimbursement. The current address of the person to be reimbursed during the term of the agreement. Any off-site improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements. 5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement,the opportunity to obtain reimbursement under this section is forfeited. 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a Subdivision, Resubdivision, or Planned Unit Development will use a road improvement constructed under an improvements agreement, the subsequent ^ subdivider, applicant, or owner shall reimburse the original subdivider, applicant, or owner, for a portion of the original construction cost. In no event shall the original subdivider,applicant, or owner collect an amount which exceeds the total Revised 07/01/2002 3 HA4270_001\changeafzone\Public Draft SIA LBCC.wpd cost of improvements less the pro rata share of the total trip impacts generated by the original development. Evidence that the original subdivider,applicant,or owner has been reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the Department of Planning Services prior to recording the Subdivision, Resubdivision, or Planned Unit Development Final Plat. 5.5 The amount of road improvement costs to be paid by the subsequent subdivider, applicant,or owner of a Subdivision,Resubdivision,or Planned Unit Development using the road improvements constructed under a prior improvement agreement will be based upon a pro rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of nonresidential developments intended to use the road improvement. The amount of road improvement costs shall also consider inflation as measured by the changes in the Colorado Construction Cost Index used by the Colorado Division of Highways. The cost of road improvements may be paid by cash contribution to the prior subdivider,applicant or owner,or by further road improvements which benefit the prior subdivider,applicant,or owner's property. This decision shall be at the sole discretion of the Board of County Commissioners based upon the need for further off-site road improvements. 5.6 The report entitled TRIP GENERATION (Third Edition, 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 FEE Trip Generation Manual. Any question about the number of trips a Subdivision,Resubdivision, or Planned Unit Development will generate shall be decided by the County Engineer. 5.7 The term for which the subdivider,applicant,or owner is entitled to reimbursement under the off-site improvements agreement,entered into between the subdivider and the County, is ten years from the date of execution of a contract for road improvements. 5.8 This provision is not intended to create any cause of action against Weld County or its officers or employees by any subdivider,applicant,or owner for reimbursement, and in no way is Weld County to be considered a guarantor of the monies to be reimbursed by the subsequent subdividers, applicants, or owners. 6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following procedures by the Applicant,streets within a Subdivision or Planned Unit Development may be accepted by the County as a part of the County road system and will be maintained and repaired by the County. 6.1 If desired by the County,portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit"B,"but such use and operation shall not constitute an acceptance of said portions. 6.2 County may,at its option,issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit"B,"and may continue to issue building permits so long as the progress Revised 07/01/2002 4 H:\4270_001\changeofzone\Public Draft S1A LBCC.wpd of work on the Subdivision or Planned Unit Development improvements in that phase of the development are satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit Development and the filing of a Statement of Substantial Compliance, the applicant(s)may request in writing that the County Engineer inspect the streets and recommend that the Board of County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets,curbs and gutters,and related street improvements. Not sooner than nine months after acceptance for partial maintenance of streets, the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify the applicant(s)of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s)that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend acceptance of the streets for full maintenance. Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of streets within the development, the Board of County Commissioners shall accept said streets as public facilities and County property,and shall be responsible for the full maintenance of said streets including repair. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to One- Hundred percent (100%) of the value of the improvements as shown in this Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6) months of the Final Plat approval. If acceptable collateral has not been submitted within six (6) months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards,policies and regulations. The improvements shall be completed within one(1)year after the Final Plat approval(not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty(30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of One- Hundred percent (100%) of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames,the County,at its discretion,may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Final Plan or Subdivision Final Plan. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the Revised 07/01/2002 5 H:\4270 001\changeofzone\Public Draft MA LBCC.wpd property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B." The costs of the improvements described in Exhibit"A"will be adjusted higher or lower for the year and quarter in which the contemplated work is being performed based on"The State Highway Bid Price Index"contained in the"Quarterly Cost Report" of The Engineering News-Record as published by The McGraw-Hill Companies. The applicant has provided cost estimates for all phases of the development which will be adjusted in accordance with The State Highway Bid Price Index at the time of posting of collateral for each phase. 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The Letter of Credit shall state at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent to One-Hundred percent (100%) of the total value of the improvements as set forth in Section 6.0 and Exhibits "A"and"B." 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times, the unreleased portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent (100%) of the estimated costs of completing the uncompleted portions of the required improvements,based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final fifteen percent (15%), or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event,the Letter of Credit shall remain in full force and effect until after the Revised 07/01/2002 6 H:\4270_001\changeofzone\Public Draft SIA LBCC.wpd 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(100%)of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution. 8.3.4 If Weld County determines there is a default of the Improvements Agreement,the escrow agent,upon request by the County,shall release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to One-Hundred percent(100%) of the value of the improvements as specified in the Improvements Agreement. Revised 07/01/2002 7 H:\4270_001\changeofzone\Public Draft SIA LBCC.wpd ^ 8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%) of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation(CDOT)Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 9.3 "As-built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as-built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in Sections 9.0 thru 9.5 shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of acceptance of the streets for partial maintenance by the County, the applicant(s)may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by"Warranty Collateral" in the amount of fifteen percent(15%)of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final acceptance by the Board of County Commissioners for full maintenance under Section 5.3 herein. 10.0 Public Sites and Open Spaces: When the Board of County Commissioners,pursuant to a rezoning, Subdivision or Planned Unit Development,requires the dedication,development and/or reservation of areas or sites other than Subdivision or Planned Unit Development Revised 07/01/2002 8 H:\4270_001\changeofzone\Public Draft S1A LBCC.wpd streets and utility easements of a character, extent and location suitable for public use for parks, greenbelts or schools, said actions shall be secured in accordance with one of the following alternatives, or as specified in the Planned Unit Development plan, if any: 10.1 The required acreage, as may be determined by relevant Sections of the Weld County Code,shall be dedicated to the County or the appropriate school district,for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 10.2 The required acreage,as determined by relevant Sections of the Weld County Code may be reserved through deed restrictions as open area,the maintenance of which shall be a specific obligation in the deed of each lot within the Subdivision or Planned Unit Development. 10.3 In lieu of land,the County may require a payment to the County in an amount equal to the market value at the time of Final Plat submission of the required acreage as determined by relevant Sections of the Weld County Code. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives,successors and assigns of the Applicant,and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year first above written. APPLICANT: APPLICANT: 111LE: Subscribed and sworn to before me this day of , 20 My Commission expires: Notary Public Revised 07/01/2002 9 H:\4270_001\changeofzone\Public Draft SIA LBCC.wpd ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board . Chair BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney r Revised 07/01/2002 10 H:\4270_001\changeofzone\Public Draft SIA LBCC.wpd EXHIBIT "A" Name of Subdivision or Planned Unit Development: Project LifeBridge P.U.D. Filing: 1 Location: Weld County I-25 MUD Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply.) Improvements Ouantitv Units Unit Estimated Costs Construction Cost Site grading Please Street grading Refer to Street base Exhibits Street paving ` I " and Curbs,gutters,and culverts "E" Sidewalk _ _ regarding Storm sewer facilities all items Retention ponds in this Ditch Improvements table. Subsurface drainage Sanitary sewers - Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply and storage Water Mains(includes bore) Fire hydrants Survey and street monuments and boxes Street lighting Street Names Fencing requirements Landscaping Park improvements Road culvert Grass lined swale Telephone Gas Electric Water transfer SUB-TOTAL: Engineering and Supervision Costs: To be Determined at Final Plat (Testing,inspection,as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ TBD Revised 07/01/2002 1 1 H:\4270_001\changeofzone\Public Draft SIA LBCC.wpd 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." By: Applicant Applicant Date: , 20 Title (If corporation,to be signed by President and attested to by Secretary, together with corporate seal.) Revised 07/01/2002 12 H:\4270 001\changeofzone\Public Draft S1A 1.BCC.wpd EXHIBIT "B" Name of Subdivision or Planned Unit Development: Project LifeBridge P.U.D. Filing: 1 Location: Weld County I-25 MUD All improvements shall be completed within TBD years from the date of approval of the final plat. Construction of the improvements listed in Exhibit"A" shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading Street grading Street base Street paving Curbs, gutters,and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals(house connected) On-site sewage facilities On-site water supply and storage Water mains Fire hydrants Survey and street monuments and boxes Street lighting Street name signs Fencing requirements Landscaping Park improvements Road culvert Grass lined swale Telephone Gas Electric Water transfer SUB-TOTAL: Please Refer to Exhibits "I)" and E" regarding all items within°this table. Revised 07/01/2002 13 H:\4270_001\changeofzone\Public Draft SIA LBCC.wpd The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: Applicant Applicant Date: , 20 Title (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Revised 07/01/2002 14 H:\4270_001\changeofzone\Public Draft SIA LBCC.wpd EXHIBIT "C"-LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN SECTION 5, TOWNSHIP 2 NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SECTION 5; THENCE NORTH 89°31'40" EAST 2,696.60 FEET TO THE NORTHEAST CORNER OF SECTION 5; THENCE SOUTH 01°05'48" WEST 2,613.02 FEET TO THE EAST ONE-QUARTER CORNER OF SECTION 5; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 5, NORTH 89°08'41" WEST 856.97 FEET; THENCE SOUTH 00°43'11" WEST 2,400.49 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING 6 COURSES: THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 5,830.00 FEET, A CENTRAL ANGLE OF 09°42'41", CHORD OF SAID ARC BEARS NORTH 87°38'07" WEST 986.99 FEET) A DISTANCE OF 987.17 FEET; THENCE SOUTH 83°36'18" WEST 193.86 FEET; THENCE SOUTH 87°53'26" WEST 190.57 FEET; THENCE SOUTH 86°14'18" WEST 361.50 FEET; THENCE NORTH 70°19'49" WEST 66.65 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 3 1/2; THENCE SOUTH 87°37'58" WEST 30.01 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE NORTH 00°43'55" EAST 2,418.11 FEET TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 5; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 5, NORTH 00°43'36" EAST 1,391.14 FEET TO THE SOUTHEAST CORNER OF LOT B OF RECORDED EXEMPTION NO. 1313-05-2-RE 1389 OF WELD COUNTY RECORDS; THENCE ALONG THE BOUNDARY OF SAID LOT B THE FOLLOWING 16 COURSES: THENCE SOUTH 71°34'28" WEST 546.56 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 2,904.90 FEET, A CENTRAL ANGLE OF 08°20'09", CHORD OF SAID ARC BEARS SOUTH 67°24'52" WEST 422.13 FEET) A DISTANCE OF 422.50 FEET; THENCE SOUTH 63°14'52" WEST 1,843.45 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 1,310.00 FEET, A CENTRAL ANGLE OF 05°18'41", CHORD OF SAID ARC BEARS SOUTH 65°54'13" WEST 121.40 FEET) A DISTANCE OF 121.44 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 5; THENCE ALONG SAID WEST LINE, NORTH 01°04'27" EAST 831.70 FEET; THENCE NORTH 68°57'51" EAST 1,252.40 FEET; THENCE NORTH 27°20'44" EAST 1,224.16 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 5; THENCE ALONG SAID NORTH LINE, NORTH 89°41'22" EAST 295.05 FEET; THENCE SOUTH 16°04'00" WEST 145.38 FEET; THENCE SOUTH 06°35'40" EAST 42.71 FEET; THENCE SOUTH 38°40'00" EAST 57.32 FEET; THENCE SOUTH 63°35'24" EAST 111.77 FEET; THENCE SOUTH 88°41'43" EAST 134.80 FEET; THENCE NORTH 79°06'16" EAST 173.06 FEET; THENCE NORTH 71°27'35" EAST 93.45 FEET; THENCE NORTH 52°23'30" EAST 180.19 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 5; THENCE ALONG SAID EAST LINE, NORTH 00°43'36" EAST 110.75 FEET TO THE NORTH ONE-QUARTER CORNER OF SECTION 5 AND THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PORTION OF THE NORTHEAST QUARTER OF SAID SECTION 5 DESCRIBED BY DEED RECORDED JUNE 12, 1906 IN BOOK 241 AT PAGES 392 AND 393 OF WELD COUNTY RECORDS BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 5; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 5, SOUTH 00°43'36" WEST 1,159.38 FEET TO THE POINT OF BEGINNING; THENCE NORTH 71°35'57" EAST 1,736.54 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 1,398.11 FEET, A CENTRAL ANGLE OF 41°45'31", CHORD OF SAID ARC BEARS NORTH 50°43'12" EAST 995.57 FEET) A DISTANCE OF 1,018.98 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 5; THENCE ALONG SAID NORTH LINE, NORTH 89°31'40" EAST 91.83 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 1,478.11 FEET, A CENTRAL ANGLE OF 43°33'20", CHORD OF SAID ARC BEARS SOUTH 49°49'17" WEST 1,096.78 FEET) A DISTANCE OF 1,123.64 FEET; THENCE SOUTH 71°35'57" WEST 1,764.29 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 5; THENCE NORTH 00°43'36" EAST 84.67 FEET TO THE POINT OF BEGINNING. THE NET AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 313.490 ACRES MORE OR LESS. / @ Weld County Road 26 r r CITY OF Ls • �•• rye$ $ g 0PE1 \..CE . , 3F9p . " . I'it`gpo°�9''` a o` e'er., • 4 qa DITCH\ ,/ � � /• r•, TUCUL R)� ZONED:AG I[ •-\•\ t' LONGVIEW - i FO 1 Y . � 119 Nolh Lo Ili P=1000' EXHIBIT " " D LT_ PHASE 1 500 0 ,000 PROJECT LIFEBRIDGE a LEGEND r.,.;4:ti: P.U.D. s i4$e' fY,I.¢"iy`z APPROXIMATE AREA c, F f: I:I OF PHASE ONE z NI — ROADS TO BE PANED CC -UJ M N- PROPOSED WATEa11E ROCKY MOUNTAIN CONSULTANTS INC. of S— PROPOSED SMEARY SEWER 5m4: 7 26 MIEIND:(> BB6-0�B FIU(:�0,CO 10 01 825 DELAWARE AVE,SUITE 500,LONGMONT,CO 10601 r, NOTE 130 a PROPOSED RCM*WATERLINE&SEWERUE WREN SINGLE FAMIV REBDENIU LA D CHURCH z CAPAPIA ARE NOT SHOWN. 80-4270.001.00 1 of 1 EXHIBIT"E" PROJECT LIFEBRIDGE PUD CHANGE OF ZONE APPLICATION DRAFT SUBDIVISION IMPROVEMENTS AGREEMENTS NOVEMBER 19,2002 The purpose of this exhibit is two-fold: 1. First, to provide a general description of the first phase of construction by outlining the extent of roads, utilities, and other improvements to be built. 2. Second, to provide a commitment from the Church to execute a final form of this subdivision improvements agreement for each phase of construction. The final form will include detailed construction costs and schedules. The Church is aware that the final form may include items not listed in this draft form. For the Project LifeBridge PUD, transportation and infrastructure improvements will be constructed in phases throughout the project. With each phase,the Church will record a final plat and will execute a subdivision improvements agreement with Weld County, following the general form of the County's standard agreements. PHASE 1 The first construction phase will include a portion of the church campus and all of the single family residential area (please refer to phase map, Exhibit"D"). This phase will include the following elements: 1. Water Improvements fall entirely within the Long's Peak Water District Service area. The District has been working since March of this year to determine the extent of the offsite improvements, but has not yet provided exact requirements. It is anticipated that offsite improvements will consist only of mainline upgrades,with no pumpstation or other facilities improvements required. At a minimum,there will be waterline constructed starting at the intersection of County Road 5 and 26, running west within CR 26 to the west of the single family residential parcel. Waterline will also be run south from the intersection of CR 26 and 3-1/2 within CR 3-1/2 to the church campus site, as well as within all interior streets of the single family parcel. All main lines will be sized to accommodate all future build out of the Project LifeBridge Master Plan. It is anticipated that there will be approximately 16,000 linear feet of waterline installed with the first stage of construction,not including the to-be-identified offsite requirements. 2. Sanitary Sewer Service will be provided by the St. Vrain Sanitation District and will tie into their mainline along the north side of State Highway 119. The District has indicated the need for some possible offsite improvements,but has not identified specifics yet. These offsite improvements may include mainline construction and lift- station upgrades. All main lines will be sized to accommodate all future build out of the Project LifeBridge Master Plan. It is anticipated that there will be approximately 12,000 linear feet of sanitary sewerline installed with the first stage of construction, not including the to-be-identified offsite requirements. Draft Subdivision Improvements Agreements--Change of Zone Application -- Exhibit"E" Page 1 3. Irrigation Ditch Improvements will include approximately 3,500 linear feet of 36- inch diameter pipe. During preliminary verbal conversations with the Ditch company's engineer, he has indicated a preference for piping the ditch through the Church Campus versus leaving it in an open ditch. 4. Storm Drainage Improvements include construction of 2, maybe 3 stormwater detention ponds and possibly 6,000 linear feet of drainage pipe and channels. All main lines will be sized to accommodate all future build out of the Project LifeBridge Master Plan. Some temporary channels may be required until the next phase of construction. 5. Streets and Roadways Improvements include asphalt pavement, concrete curb, gutter and sidewalk along all perimeter roads and interior streets within the single family parcel and church campus parcel. Perimeter roads will be paved with 2 through lanes. Separate turn lanes may be added at the busier intersections. Please refer to the phasing map, (Exhibit"D") for the proposed perimeter road paving in the first phase. It is anticipated that there will be approximately 7,000 linear feet of perimeter roads and 10,000 linear feet of interior streets built with the first stage of construction. The Church intends to phase the perimeter roads such that construction of future center islands-medians does not require the removal of existing pavement. Three public roadway-railroad crossings will require improvements. The specific crossing improvements will be determined in cooperation with Weld County, Great Western Railway, and the Public Utilities Commission. 6. Other Internal improvements include landscaping and irrigation, natural gas, electricity, telephone, street lighting, underdrains, and other tele-communications facilities. All main lines will be sized to accommodate all future build out of the Project LifeBridge Master Plan. FUTURE PHASES As the Project LifeBridge P.U.D. continues to develop, it will be critical to identify transportation-related improvements, both on-site and off-site. This may include additional through-lanes, traffic signals, and paving additional portions of offsite roads. Therefore, traffic demands will be reviewed and updated at each subsequent phase of construction. Special attention will be paid to the connection of CR 26 (CR 24-3/4) to County Line Road (CR 1) as this has been identified as a transportation element that will need improvement triggered by a particular future stage of expansion of the Project LifeBridge P.U.D. H:\4270_001\changeofzone\Draft SIA.doc r Draft Subdivision Improvements Agreements-- Change of Zone Application -- Exhibit"E" Page 2 qfC A TETRA TECH COMPANY r".\ ••• s./yam•z-.• ., G / 9a,'fG61i �%yam 4,-y;• / + V •. � / /fyo `� l..;,<?, / V/si //y/� F.n /� r !/ �j V/ / /cir j i%-:-/...2..,',-.:4'.;...,7,-,--46a 1 ✓ie WETLANDS & WILDLIFE INFORMATION '9 tar --' ''1*,,,.---- ,J---,--------; �S/ / „,,,,,,,*4.-„,„ /d /fcG 4T !Y :aril,. /,f./�9 su ,lFr � r 0c4175;Ne United States Department of the Interior ,rrep _ FISH AND WILDLIFE SERVICE y11 Ecological Services s9 Colorado Field Office 755 Parfet Street, Suite 361 Lakewood, Colorado 80215 IN REPLY REFER TO: ES/CO: no effect letter/church community Mail Stop 65412 APR 1.9 2002 Christopher M Crowley Rocky Mountain Consultants, Inc. 825 Delaware Ave., Suite 500 Longmont, Colorado 80501 Re: Lifebridge Christian Church Community Dear Mr. Crowley: We have received your letter of April 3, 2002, regarding Lifebridge Christian Church Community. Based on the project description and location, the Fish and Wildlife Service concurs that your project will not affect any Federally-listed threatened or endangered species. Should project plans change, or if additional information on the distribution of listed or proposed species becomes available, this determination maybe reconsidered. If the Service can be of further assistance, please contact Ari Cornman of my staff at (303) 275-2370. Sincerely, LeRoy W Carlson Colorado Field Supervisor cc: Cornman Reference:General Consultations\** £NT tip\ e • °\\ DEPARTMENT OF THE ARMY _ \\ CORPS OF ENGINEERS, OMAHA DISTRICT � DENVER REGULATORY OFFICE, 9307 S. PLATTE CANYON ROAD ` LITTLETON,COLORADO 80128-6901 March 15,2002 Mr.Christopher M.Crowley Rocky Mountain Consultants, Inc. Premiere Building 825 Delaware Ave., Suite 500 Longmont,CO 80501 RE: Isolated Waters Evaluation,Lifebridge Christian Church Community Corps File No.200280129 Dear Mr.Crowley: We have reviewed the above-mentioned project for Department of the Army(DA)authorization. The property is located in the Section 5,Township 2 North,Range 68 West,Weld County,Colorado. Based upon the ruling by the Supreme Court in the matter of Solid Waste Agency of Northern Cook County v.U.S. Army Corps of Engineers,No.99-1178 (January 9,2001),the DA's regulatory authority over isolated,non-navigable, intrastate waters has been eliminated if the sole nexus to interstate commerce was use of the waters by migratory birds. It is apparent under the ruling above that the DA does not have the authority to regulate work in the Oligarchy Ditch,the isolated wetlands at the Oligarchy Ditch or the offsite road cattail wetland in your request. No permit or other authorization by the DA is required for work in this isolated wetlands. Although a DA permit will not be required for work at this site,this does not eliminate the requirement that you obtain any other applicable Federal, state,tribal or local permits as required. Please note that deviations from the original plans and specifications of your project could require other authorizations from this office. If you have any questions concerning this verification,please call Mr. Terry McKee at(303)979-4120 and reference File No.200280129. Sincerely, Timo yT. Carey Chief, P - Regul- :. O1 ice tm ys&C gucrs L/F& 811eIyC G--c-r` ROCKY MOUNTAIN CONSULTANTS, INC. RI1IC Premiere Building 825 Delaware Ave.,Suite 500 Longmont. CO 80501 (303) 772-5282 Metro (303) 665-6283 FAX(303) 665-6959 (first initial, last name)@long.rmcco.com February 19, 2002 Mr. Terry McKee Department of the Army Corps of Engineers, Omaha District 9307 South Platte Canyon Road Littleton, CO 80128-6901 Re: Wetland Delineation,Lifebridge Christian Church Community, Section 5,Township 2 North,Range 68 West 6th PM,Weld County, Colorado Latitude: 40 degrees 10 minutes Longitude: 105 degrees 1 minute RMC Job No.80-4270.001.00 Dear Mr. McKee: On February 18, 2002 Rocky Mountain Consultants of Longmont(RMC)commenced a routine delineation of potentially jurisdictional wetlands on the above referenced site. Additionally, a site walk to determine the availability of habitat for threatened and endangered species was also completed. Aerial photographs, the Weld County Soil Survey(Southern Part),USGS 7.5 minute quadrangle map Longmont and the National Wetlands Inventory map compiled by the USFWS were all consulted prior to and during the field visit. Photocopies of portions these materials are attached for your perusal. A preliminary planning map depicting the potential land use for the site was also used in the field and to compile this report. GENERAL OBSERVATIONS The property contains approximately 313 acres and is currently being farmed as it has been for many years for corn and other row crops. At the time of the visit the fields had been tilled in preparation for spring planting. The vicinity has three distinguishing features: Union Reservoir to the north and west,railroad grade and the Oligarchy Ditch. The lands surrounding Union Reservoir are owned and operated by the City of Longmont and separated from the site by Weld County Road 26, an unimproved road. On the southern boundary of the property lies Colorado State Highway 119. The Oligarchy Ditch enters and exits the property in the very western corner of Parcel 1 and again at Weld County Road 3 %2 at Parcels 4 and 6 existing in the northeast corner of Parcel 5 at Weld County Road 26. The Oligarchy Ditch enters a pipe just east of the site and connects to the St. Vrain River approximately 1 mile away at the base of a gulch CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING Rnc Mr. Terry McKee February 19, 2002 Page 2 • that contains an ephemeral stream. See attached map for clarity. WETLANDS Oligarchy Ditch There were three places along the oligarchy ditch that contained wetland vegetation of signs that we examined. We determined that the Oligarchy Ditch was a potential jurisdictional wetland and potential water of the US because it is hydrologically connected to the St. Vrain, federally protected water. 1)Willows on the Oligarchy Along the ditch across Parcels 5 and 6 there were three potential locations where wetland vegetation, primarily willows,were observed. Upon inspection however,there were a large component, in excess of 70 percent, of upland grasses and weeds. Soils at these locations did not show signs of seasonal saturation within 18 inches of the surface. The area directly adjacent to the ditch containing willow shrubs was not considered jurisdictional by our interpretation of the current standard. 2)Alkali Stain An area on Parcel 14 was found to have a 0.4-acre stain of salts apparently from standing water. Upon investigation we found no wetland vegetation at all as the site has and is under cultivation for corn. There is a localized low point in the topography and it is believed that field irrigation is allowed to stand on this site during the crop season causing the accumulations of salts at the surface as the water evaporates. Excavation into the soil did not show deep mottling or hydric soil characteristics precluding in our mind that groundwater is the source of the feature. The soils in the area appear to be poorly draining silt and clay loam, exacerbating the retention of water on the surface. 3)Constricted Flow on the Oligarchy On the southwestern corner of Parcel 1 where the Oligarchy Ditch crosses the ditch there was a strong presence of wetland vegetation,hydrology and soils to support the conclusion that a jurisdictional wetland exists on the site in this location. A large field of 40 acres or more drains to a buried railroad tank car with the ends removed that serves as a culvert for the Oligarchy and local drainage outlet under the railroad embankment. The"culvert"is currently about one-third full of sediments. Downstream is a diversion and flume that restricts flow during the irrigation season. The combination of sediments,relatively flat ditch grades and the diversion downstream as well as additional flow from storm runoff from nearby fields causes a backwater on the culvert. Salt stains and watermarks in the ditch indicate that water stands frequently in the ditch north of the culvert at a depth of 2 to 3 feet. A distinctive vegetative line of more lush growth and differing species is present within the margin of the canal and just to the west at about the same elevation. Over 50 % of the plant community were determined by point sample to be wetland types. Soils inspected by auger pit were found to have low chroma, contain oxidized concretions and alkali streaking in the upper 18 inches indication seasonal inundation. The site inspected was triangular in shape being roughly 75 feet by 300 feet containing 0.25 acres. During the investigation this area was carefully labeled and staked in the field. We would characterize this site a plains shrub willow wetland. Data sheets are attached to provide the collected detailed field data. Mr. Terry McKee February 19, 2002 Page 3 Highway 119 Although not located on this site there was a distinctive wetland signature within the State right of way on the southern boundary of the subject parcel. In accordance with current wetland guidelines it appears that the cattail wetland in the roadside drainage ditch would be federally jurisdictional because the ditch drains to the St. Vrain River. The area, which is approximately 10 feet in width and runs east along the frontage of the subject parcel for 700 feet, could be impacted by installation of utilities or a vehicular access by this development. The site could be classified as a cattail wetland. FEDERAL JURISDICTION We request that your office undertake an evaluation of the site for jurisdictional wetlands. Your determination will be used to guide the planning process. Our site investigation yielded approximately 0.25 acres of wetlands onsite and a potential for 0.16 acres offsite.At this time the proposed development will set aside the existing standing trees and a corridor along the Oligarchy Ditch as part of buffer and open space requirements. We are not applying for a permit to construct within or impact wetlands at this time. Please call if you have any questions or concerns. i-. Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. Christopher M. Crowley Project Scientist CMC:cc Enclosures Cc: Barb Brunk, RMC Bruce Grinnell, Lifebridge Leroy Carlson, USFWS Michael Babler, CDOW R:\4270 001\wetlands\wetlands doc /1 DATA FORM ROUTINE WETLAND DETERMINATION (1997 COE Wetlands D.i.adon Manual) Project/Site: Li ?/ (ore. Corn CrIJCc$ Date: 21Iylot Applicant/Owner: County: vi s L..D Investigator. C.3.3..^- .r State: • Do Normal Circumstances exist on the site? Yes No Community ID: Lid is Is the site significantly disturbed (Atypical Situstionl? Yes Llo Transact ID: Is the area a potential Problem Area? Yes Plot ID: (7) lit needed. explain on reverse.) VEGETATION DCminent Plant Series Stratum indicator Oon*,.nt Plat Species Stratum Inde;stor I. NATJ pLQ ter, 05 FAcU s. \ OeCDGPAS5 O5 FACtJ 05 ObL w. o(cbArd. GiA55 U 5 FAc" J.Go_bao ;, ,. !,law 05 FAcW 11. rotrhe wort U S FA C. a. .;� ; ��n:� n15 FAN 12_ whet- c- r;,,.! S kS FAG_ s. tn, I,� :c e mS R-Ac1.J 13. n.,5Te Li5 TAc.4 6. C. . . GIfJC 05 FAO 7. COC.i r c'pit f�, h; _F4- is. I. iJi60' SRn.uc tra5 F te. Percent of Dereitere Sperm that are OBL(ACV/et PAC ( o including PAC.?, TJ /O Rena: 11 AR6,.0 Sin- iii o,j A ?-0O/ Soi )• HYDROLOGY Recorded Data Weeerlae in Remerkel: Wseend Hydrology indicators: _Seer lie.eat Tido Gauge Primary Nnfieeters: Aerial Photograph* iC ieindated Other Scarred in Upper 12 mere* No Recorded Data Available Water Mars Orin lien _Seattent Owen Reid Obeerveionet jCDeainepe Patterns in Wanness p Secondary htdloree 12 eat more reetiredi: Depth el Stefaee Water. * 1 p �n,i Dsdied Root Channels in Upper 12 intros Wier-stormed Lee,ae Dept to free Water in Pic N A fn.l _red Sell Surrey Data PAC4Nwttyl Teel Dept to Srrred Sat N) A Gina DPW IFapa m in Remrhsl Arnett*: Er\L\c wlvrer- AcC— cv cQLvt ('{ @ -SR wA.:f.-S , Lo cA„ ar.A uJNc-,F, WU A r SOILS S Meg Unit Nero I �wies ena Plank N u ti Yl a;A,4 I 0 a vN! OMANI*Can: I Nde Db..n.d.K Tamrwrry(Subgroup): Cadlnn Mewed Typo? y'ea Ns faille Dataiotion• Death Malt Cat Motel.Colon Mote Tama Con liggliot Neaten Manna a Mon Mama Macs! AburSanc.Connuuq Sanctum,etc. 1n '_l A 104 311- 1O,4( WS s kJ \on». w)coocien WS I ' ±-1_,L._ ./1,. 101( 5/3 10,1( 6 2) 5a.z167,141L04. wicauc.: -f0 2.59( -i12 2.51( El. _ CW1 w/5A0S4'tors O-15 d' „8 2.59( 02- 5.1 ( (, I ; CIA1 .i/siwr S41CM1 1 Hyena Sai rmdicaton: —Nnosot C.na n lim "'tic Ettoodon 14.Ogeenno Contend in Sutter.tow it Sena Sat Salado Oder �OrganicSneakinggewSneakinga Sally Sal. + ZC Annie M.Sene R.jn.. distal en load Nydric Solo Use — Rotating Coed:{o.w Linea Modena)inane Sao Litt — Otyad or Leo{Mane Colon Other(Eakin in Pomohd — Ramat 5 L144k\T oaot Of JeLWNpoSi0"t, V eA-7 wioSi S. ''1 . R uit CDi-D/e4 CoNc/t{io;/1 1r tk • AOpfeN1 5ALAF 3 At-i,_< F-vor, wk4<-' lvtb c rkic 4A4,to= WETLAND DETERMINATION Mydroghyrt Vegetation Panne 0 No (Chdol (Ord.l Wetland Nyd..logy Pomona No CS Nydrie Seas Proton? Na t this SMrp.ng Pant Within•Wausad1 r.wl� No Psmetka: Z S Fl La U, i„� \<,r- OIL /a2LL a�id. , shteo�;.wAtl 0. 5IW A cJ 5 7 Approved by MOUSACE 2 2 WELD COUNTY, COLORADO, SOUTHERN PART 29 ,have good survival are Rocky Mountain juniper, eastern The potential native vegetation is dominated by redcedar, ponderosa pine, Siberian elm, Russian-olive, and western wheatgrass and blue grama. Buffalograss is also „aackberry. The shrubs best suited are skunkbush sumac, present. Potential production ranges from 1.000 pounds tc, Siberian peashrub, and American plum. per acre in favorable years to 600 pounds in unfavorable Wildlife is an important secondary use of this soil The years. As range condition deteriorates. a blue grama-buf- cropland areas provide favorable habitat for ring-necked falograss sod forms. Undesirable weeds and annuals in- pheasant and mourning dove. Many nongame species can vade the site as range condition becomes poorer. be attracted by establishing areas for nesting and escape Management of vegetation of this soil should be based cover. For pheasants, undisturbed nesting cover is essen- on taking half and leaving half of the total annual produc- tial and should be included in plans for habitat develop- tion. Range pitting can help in reducing runoff. Seeding is ment, especially in areas of intensive agriculture. desirable if the range is in poor condition. Western This soil has fair to poor potential for urban develop- wheatgrass, blue grama, sideoats grama, buffalograss, pu- ment. It has moderate to high shrink swell, low strength, bescent wheatgrass, and crested wheatgrass are suitable and moderately slow permeability. These features create for seeding. The grass selected should meet the seasonal problems in dwelling and road construction. Those areas requirements of livestock. It can be seeded into a clean, that have loam or sandy loam in the lower part of the firm sorghum stubble, or it can be drilled into a firm substratum are suitable for septic tank absorption fields prepared seedbed. Seeding early in spring has proven and foundations. Some areas of this soil are adjacent to most successful. streams and are subject to occasional flooding. The poten- Windbreaks and environmental plantings are generally tial is fair for such recreational development as camp and well suited to this soil. Cultivation to control competing picnic areas and playgrounds. Capability class I irrigated. vegetation should be continued for as many years as 42—Nunn clay loam, 1 to 3 percent slopes. This is a possible following planting. Trees that are best suited and deep, well drained soil on terraces and smooth plains at have good survival are Rocky Mountain juniper, eastern elevations of 4,550 to 5,150 feet. It formed in mixed allu- redcedar, ponderosa pine. Siberian elm. Russian-olive. and vium and eolian deposits. Included in mapping are small. hackberry. The shrubs best suited are skunkbush sumac. long and narrow areas of sand and gravel deposits and lilac, Siberian peashrub, and American plum. small areas of soils that are subject to occasional flooding. Wildlife is an important secondary use of this soil. The Some leveled areas are also included. cropland areas provide favorable habitat for ring-necked Typically,the surface layer of this Nunn soil is grayish pheasant and mourning dove. Many nongame species can brown clay loam aobut 9 inches thick. The subsoil is light be attracted by establishing areas for nesting and escape ,-l.rownish gray clay loam about 14 inches thick. The upper cover. For pheasants. undisturbed nesting cover is essen- rt of the substratum is light brownish gray clay loam. tial and should be included in plans for habitat develop- The lower part to a depth of 60 inches is brown sandy ment, especially in areas of intensive agriculture. Range- loam, land wildlife, for example. the pronghorn antelope, can be Permeability is moderately slow. Available water attracted by developing livestock watering facilities, capacity is high. The effective rooting depth is 60 inches managing livestock grazing, and reseeding where needed. or more. Surface runoff is medium, and the erosion This soil has fair to poor potential for urban develop- hazard is low. ment. It has moderate to high shrink swell, low strength. In irrigated areas this soil is suited to all crops corn- and moderately slow permeability. These features create monly grown in the area, including corn, sugar beets, problems in dwelling and road construction. Those areas beans, alfalfa. small grain. potatoes, and onions. An exam- that have loam or sandy loam in the lower part of the ple of a suitable cropping system is 3 to 4 years of alfalfa substratum are suitable for septic tank absorption reads followed by corn, corn for silage, sugar beets, small grain, and foundations. Some areas of this soil are adjacent to or beans. Generally such characteristics as the high clay streams and are subject to occasional flooding. The poten- content or the rapidly permeable substratum slightly tial is fair for such recreational development as camp and restrict some crops. picnic areas and playgrounds. Capability subclass lie a-- All methods of irrigation are suitable, but furrow ir- rigated, IIIe nonirrigated: Clayey Plains range site. rigation is the most common. Proper irrigation water 43—Nunn loamy sand. it to 1 percent slopes. This is a management is essential. Barnyard manure and commer- deep, well drained soil on terraces at elevations of 4.700 cial fertilizer are needed for top yields. to 4.900 feet. It formed in alluvium along Box Elder In nonirrigated areas most of the acreage is in small Creek. Included in mapping are small areas of soils that grain and it is summer fallowed in alternate years. have a loamy subsoil and small areas of soils that are sub- Winter wheat is the principal crop. The predicted average ject to rare flooding. yield is 33 bushels per acre. If the crop is winterkilled, Typically the surface layer of this Nunn soil is brown spring wheat can be seeded. Generally precipitation is too loamy sand overburden about 9 inches thick. The subsoil low for beneficial use of fertilizer. is dark to very dark grayish brown clay loam about 21 Stubble mulch farming, striperopping, and minimum til- inches thick. The substratum to a depth of 60 inches is lage are needed to control soil blowing and water erosion. loamy very fine sand. loamy sand. or sand. /tit is So;I a w6TuWD site ) ) ) R68W I , t II i Il #2 26 9 . la, f UNION f ! • I t` :'• RESERVOIR Li. II { j1 . i, G f tb = LIFEBRIDGE '' — -----:_i_.-- —...-2.- CHRISTIAN a CHURCHIs t 0.25 ACRE= ., WILLOW WETLAND / . O r°IH•,• "" — .; I 4950 + E �`- _ I „,./ T2N WESTERN ; Q. ' + t • II �. M r !f 1 1 t1 4,2 11 i I I • , ' ± OFFSITE A{i51DF,, C� .. , ` CATTAIL TANQ ,,h` Midwest STATE HIGHWAY 119 4921 tl H f � .-.,- JOB NO. 80-4270.001.00 0 500 1000 LIFE BRIDGE RriC I I I CHRISTIAN CHURCH Flamm: 1"=1000' USGS QUADRANGLE MAP ) ) ) R68W 1ELO OpVyryROAD Z i4.';1 .: Ic. T2N fl r • • 1 Y ' • ; :1•4 Q F 9 az .. ,d - — ; JOB NO. 80-4270.001.00 0 500 1000 LIFE BRIDGE RI MC I I I CHRISTIAN CHURCH FIGURE: 1"=1000' AERIAL PHOTO MAP 2 ) ) ) R68W a2 's e ` vi. �k " '^ r 7!•,,. 82 ' I u< \ J// . 4 i C pri dd S 1+M a . b'k s Y`�4 r.. 32. çC6 . "j Frlsbr� iS' �$� 1 ''' Fv 7s1` .F ° Ina`-� �' WCR 26 DITC 41 ' 2 x. �Lw � x 4"w $..a 29 wr 27 / 82 82 '.'1 �34'S.a1d HELM'SILtt CUT i %+ r:- t< LIE =RID E 17 �.,,uy -A [.0t D. y 59 CFI yaA / cNY s:? al ` iw / 79 06WI►R _ 6s 10 T2N suwi tlAY lt1W !_ / 4 WESTERN GREAT - . . 6 cK 29 . SILTY CLAY 64 56 LOMA . . SILTY wr 3 42 27 e . SILTY C A CLAY LAW 83 OFF TER' - -- DE 'I 10 • WILE? COWIE( 51 15 15 4 / Cp181'11VL `, C92 41 Y5 . 3 1 u L ST q1U a 63 ,... 42 id . }��a, f 15 -",--1_,-.--,.., ;y, 13 3 f' '.�� 3N. •5 52 " 53 i b W C ci 0 1000 2000 17 cr,. �� 13 i JOB NO. 80-4270.001.00 LIFE BRIDGE g1i1C CHRISTIAN CHURCH FIGURE: 1"=2000' NRCS SOILS MAP 3 ) ) ) 7 NEMT " CALKINS LAKE e ('\ -.93o i eMY . \, O,_ L2F 31 (UNION F. 1 LKKY2 `, 3 c � R. ER 36, • \ ,, \ !ht. NO HABITATS IDENTI' IE' O SITE .<90-' BY USFWS NWI -V k�. a6 a WC C' a DITCH PEMY- ayo• I , PO 69 _ i. ` `\ 0.25 ACRE �� ' CH`s PE P qY ✓ _ti POVVF 'l I 1 LL0W T :. • .I GREA WES FERN t\.i _ OFFSITEOFFSITE'ROA� ITC ~ I POWF' M CATTAIL TLAND ��, } cps ,„il lk .�GYW `4, PEMY - , •Ra ,L d.'•i • .Cn m c.�rlonre�'' gym -' ( :,{ I{ 91 w— •6S _ n Gi H Y Tig 1 --_STATE WA • . ,PFLK . �. PFOW:`� =s° PP -r POWKZ. P �YE :PC(wW P 9v1lnl-Th I i1 r„ : -�4 / r WTI ` !►.�J 1 JOB NO. 80-4270.001.00 0 500 1000 LIFE BRIDGE inC I I I CHRISTIAN CHURCH Fi( 1RE: 1"=2000' USFWS NATIONAL WETLANDS INVENTORY MAP 4 ROCKY MOUNTAIN CONSULTANTS, INC. RMC Premiere Building 825 Delaware Ave.,Suite 500 Longmont,CO 80501 (303) 772-5282 Metro (303)665-6283 FAX (303)665-6959 (first initial, last name)@long.rmcco.com February 19, 2002 Mr. LeRoy W. Carlson United States Department of Interior Fish and Wildlife Service Colorado Field Office 755 Parfet Street, Suite 361 Lakewood,Colorado 80215 Re: Threatened and Endangered Species,Lifebridge Christian Church Community, Section 5,Township 2 North, Range 68 West 6a PM,Weld County, Colorado Latitude: 40 degrees 10 minutes Longitude: 105 degrees 1 minute RMC Job No. 80-4270.001.00 Dear Mr. Carlson: On February 18, 2002 Rocky Mountain Consultants of Longmont(RMC)commenced a routine delineation of potentially jurisdictional wetlands on the above referenced site. Additionally,a site walk to determine the availability of habitat for threatened and endangered species was also completed. Aerial photographs,the Weld County Soil Survey(Southern Part),USGS 7.5 minute quadrangle map Longmont and the National Wetlands Inventory map compiled by the USFWS were all consulted prior to and during the field visit. The NWI mapping does not depict habitats typically inhabited by Preeble's Jumping Mouse,Ute Ladies' Tresses or the Colorado Butterfly Plant. There could be raptor use of nearby cottonwood trees although none were observed doing so during the brief site visit or mentioned by long time residents. At this time we have field delineated the wetlands and determined that although the Oligarchy Ditch appears to be a jurisdictional water feature there has been a limit to wetland creation to approximately 0.25 acres on the western most corner of the subject parcel (see wetlands letter attached). This minor wetland site is isolated and densely covered with grasses, which are not preferred by the above-mentioned species. The project proposal plans to preserve a corridor along the Oligarchy ditch and maintain those large cottonwood frees, a licensed arborist deems salvageable and safe, as part of the buffer and open space requirements. We request that your office undertake an evaluation of the materials provided to determine if you concur CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING RMC Mr. LeRoy Carlson February 19, 2002 Page 2 with our finding that development of the site will not destroy or significantly alter protected habitats. Please call if you have any questions or concerns. Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. Christopher M. Crowley Project Scientist CMC:cc Enclosures Cc: Barb Brunk, RMC Bruce Grinnell,Lifebridge Terry McKee,USACE Michael Babler, CDOW R:\42 O 001\wetlands\T and Edon ROCKY MOUNTAIN CONSULTANTS, INC. 4MC Premiere Building 825 Delaware Ave.,Suite 500 Longmont,CO 80501 (303) 772-5282 Metro (303) 665-6283 FAX(303) 665-6959 (first initial, last name)@long.rmcco.com February 19, 2002 Mr. Michael Babler Colorado Division of Wildlife 207 23rd Avenue Longmont, Colorado 80501 Re: Wildlife Issues,Lifebridge Christian Church Community, Section 5,Township 2 North, Range 68 West 6th PM,Weld County, Colorado Latitude: 40 degrees 10 minutes Longitude: 105 degrees 1 minute RMC Job No. 80-4270.001.00 Dear Mr. Babler: Enclosed are letter reports to the U S Army Corp of Engineers and the U S Fish and Wildlife Service describing the above mentioned site for wetlands, and threatened and endangered species. We have determined though our site investigation that the site contains some wetlands but the habitat is not generally recognized as suitable to the Preebles' Jumping Mouse,Ute Ladies' Tresses and the Colorado Butterfly Plant. Raptors and migratory birds could utilize the site's several large cottonwood trees. The project proposal plans to preserve a corridor along the Oligarchy Ditch and maintain those large cottonwood trees, a licensed arborist deems salvageable and safe, as part of the buffer and open space requirements. We request that your office undertake an evaluation of the materials provided to determine if you .-� concur with our finding that development of the site will not destroy or significantly alter protected habitats. CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING RMC Mr. Michael Babler February 19, 2002 Page 2 Please call if you have any questions or concerns. Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. Christopher M. Crowley Project Scientist CMC:cc Enclosures Cc: Barb Brunk, RMC Bruce Grinnell, Lifebridge Leroy Carlson,USFWS Terry McKee, USACE R:\4270 00I\wcdands\cdow.doc Hello