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PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number / O 9 O O O 0 0 9 - Atr{-t-. Pence +
n �f rn-n n-n- n nn- n n sc,„t,, PP4rte1
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). •
(Include all lots being included in the application area, If additional space is required,attach an additional sheet)
Netrf fhe NW yy i Par etil rte rye `)hr
Legal Description Svc ui-k ci,ad ,C,_ a,4.(4t,,uc,t t.k'-4 kSection Ci , Township / North, Range W'West
PropertyAddress(If Applicable) A./,4
Existing Zone District:,4 r. Proposed Zone District: Pt4p Total Acreage: -i / Proposed#/Lots 7
H ,13 t3tK ut) t-c�,3s Pe`L1c
Average Lot Size:3. , o,t.nv,`mi
nimum inimum Lot Size: a.59 Sc Proposed Subdivision Name: L. fc to r
(.4c)
Proposed Area(Acres)Open Space: i S . c Ac.
Are you applying for Conceptual or Specific Guide? Conceptual ✓ Specific
FEE OWNER(S)OF THE PROPERTY(If additional space is required,attach an additional sheet)
Name: Oarytt 0- °t. .,' A Pro P
Work Phone#'3c3-1_33-4occ Home Phone ,,./,y. EmailAddress,v/y
Address: Iaeon wt nt(ax A-ve. S,t+r 11-1tn
City/State/Zip Code LnkewrrcL (n to),ty
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent)
Name: IR;wko 4.LC - Sck... c'.: ko
Work Phone#7cs-(cot -gi3DHome Phone#,,,/I. Email Address 'oh„,r;,,kn a, yalvrn-.cm
Address: 12O%1 w. k-t&t ec4n Pkwy, 0 tc tt
City/State/ZipCode La at-word., co ro i) S
UTILITIES: Water: Le S+ \lC,v.rt Wcdv.- 1):5{, C
Sewer: ^,/q
Gas: Kinder "ors con
Electric: Uv }nc Power
Phone: Qwec}
DISTRICTS: School: 34. Vru=,. VeAl\ey Sawri tJaa{r.ct
Fire: nlrttir'(0.iv. thruV Fare Pre kec-F.ov. c s1 r:ct
Post: E r:r c n
I(W e)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained
within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign
this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application.
If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for
the corporation. I (we), the undersigned, hereby request the Department of Planning Services to review this PUD Final Plat or
request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the PUD
Final Plat
Plat for the a described unincorporated area of Weld County, Colorado:
Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Merit Date
• 'XN1`IT _10-
2003-1922
PLANNED UNIT DEVELOPMENT (PUD)
FINAL PLAN
AND
SUPPORTING DOCUMENTS
LONGS PEAK ESTATES
WELD COUNTY, CO
PUD Final Plan
Weld County Department of Planning Services
1555 North 17th Avenue
,., Greeley, CO 80631
May 2003
Prepared for:
Propp Realty, Inc.
12600 West Colfax Avenue
Suite B-130
Lakewood, CO 80215
(303) 233-4000
Prepared by:
RINKO. LLC
12081 W. Alameda Pkwy. #254
Lakewood. CO 80228
(303) 601-9230
APPLICATION REQUIREMENTS -PUD FINAL PLAN
An applicant may submit an application for a PUD Final Plan provided that the Final Plan is located within an
existing PUD zone district. A Final Plan may encompass all or part of a PUD zone district. The uses shall be
identical to those located and described in the approved Development Guide if a Specific Development Guide was
submitted. In the event that a Conceptual Development Guide was submitted, a detailed Specific Development
Guide must be submitted along with the Final Plan requirements. The following information is required for the Final
Plan. The Planning Director has the discretion to waive information not deemed necessary by the Department.
•
1. The Final Plan application forms provided by the Department of Planning Services and application fee.
2. A recorded Change of Zone plat which delineates the proposed uses.
3. A copy of a certificate of title issued by a title insurance company or an attomey's opinion of the title which
shall set forth the names of all owners of properly included in the PUD Final Plan. The list shall include all
mortgages,judgements,liens,easements,contracts,and agreements of record in Weld County which shall
affect the property in the PUD Final Plan. If the attorney's opinion or certificate of title discloses any of the
above,the holders or owners of such mortgages,judgements,liens,easements,contracts,or agreements
shall be required to join in and approve the application before the Final Plan shall be acted upon.
4. A certificate of title or an abstract of title covering all public dedications. When the applicant is to dedicate
land for schools, roads, parks, or other public purposes, a letter of intent from the appropriate public
agencies stating that the dedicated lands will be accepted.
5. A warranty deed or other suitable document ready to record which deeds to the appropriate public body all
lands other than streets which are to be held for or used for public purposes. The warranty deed or suitable
document shall be recorded prior to the recording of the Final Plan plat.
6. Certificate from the County Treasurer showing no delinquent taxes special assessments on the property
of the proposed Final Plan.
7. Certificate from a qualified engineer in the State of Colorado responsible for the design of the utilities.
8. Copies of all deed restrictions, including those required by the Board of County Commissioners to govern
the future use of all land in the PUD, covenants,grants of easements or restrictions to be imposed upon
the use of the land, buildings and structures.
9. An Improvement Agreement according policy regarding collateral for improvements. This form is provided
by the Planning Department. The applicant shall complete this form showing the improvements that the
applicant is required to construct and the type of collateral which will guarantee installation of
improvements. Improvement Agreements shall comply with Sections 24-9-10 and 24-9-20 of the Weld
County Code.
10. Evidence from the appropriate jurisdiction stating that the street and/or highway facilities providing access
to the property are adequate in functional classification,width, and structural capacity to meet the traffic
requirements of the USES of the proposed zone district.
11. An off-site road improvements agreement proposal. The off-site road improvement proposal shall describe,
in detail, the type of off-site road improvements to determine if the requirement for street or highway
facilities will be adequate in functional classification, width, and structural capacity to meet the traffic
requirements. The method of guaranteeing the installation of off-site road improvements shall be described
as part of the agreement and shall conform with Weld County's policy regarding Collateral for
Improvements.
12. A PUD construction schedule showing the approximate dates when construction of the development is
proposed to start and finish. This shall describe the stages in which the development will be constructed,
and the number of buildings or structures,and the amount of common open space to be completed at each
stage.
26
13. A statement describing the method of financing for the development. The statement shall include the
estimated construction cost and proposed method of financing of the street and related facilities, water
distribution system, sewage collection system, flood plain protection, storm drainage facilities, and such
other facilities, as may be necessary.
14. A certified list of the names, addresses and the corresponding Parcel Identification Number assigned by
the Weld County Assessor of the owners of property(the surface estate)within five hundred(500)feet of
the property subject to the application. The source of such list shall be the records of the Weld County
Assessor,or an ownership update from a title or abstract company or attorney,derived from such records,
or from the records of the Weld County Clerk and Recorder. If the list was assembled from the records of
the Assessor, the applicant shall certify that such list was assembled within thirty days of the application
submission date.
15. A certified list of the names and addresses of mineral owners and lessees of mineral owners on or under
the parcel of land being considered. The source of such list shall be assembled from the records of the
Weld County Clerk and Recorder or from an ownership update from a title or abstract company or an
attorney derived from such records.
16 A statement indicating that the proposed PUD Final Plan is in compliance and meets all criteria as set forth
in the Change of Zone. The statement should demonstrate a detailed description of the uses on site and
demonstrate how the Development Guide has been followed and adhered to.
17. A Final Plan plat map(See page 9 of this packet).
18. A Landscape Map(See page 6 of this packet).
19 A Utility Map (See page of this packet).
REVIEW OF THE PUD FINAL PLAN
The Department of Planning Services shall schedule a public meeting for the applicant with the Weld County Utility
Coordinating Advisory Committee.
In the event that the Planning Department determines that the Final Plan submittal is consistent with the Sketch
Plan and Change of Zone submittals and if a Specific Development Guide was submitted at the Change of Zone
application,the Department shall review the Final Plan application in accordance with Section 27-7-40.8.3.,of the
Weld County Code. In the event that the Planning Department determines that the Final Plan submittal is not
consistent with the Sketch Plan and Change of Zone applications or if a Conceptual Development Guide was
submitted at the Change of Zone application,the Board of County Commissioners shall hold a hearing to consider
the Final Plan in accordance with Section 27-7-40.D., of the Weld County Code.
It is recommended that the applicant attend all hearings scheduled for the Final Plan application in order to present
the proposal and answer questions of the governing bodies. The applicant Is also encouraged to maintain a
working relationship with the Planning Department once an application has been submitted in order to keep up-to-
date with any developments pertaining to the application. The Department of Planning Services will post a sign
on the property under consideration in a location readily visible from the adjacent roadway(s). The sign will be
posted at least fifteen (15) days preceding the hearing date for the Board of County Commissioners' hearing, if
applicable. The sign will be posted adjacent to and visible from a publicly maintained road right-of-way.
Please refer to the Supplemental Procedures and Requirements in Article VIII of the Weld County Code for
regulations pertaining to amendments, modifications, and enforcement of a PUD.
27
FINAL PLAN UTILITY MAP REQUIREMENTS
The Final Plan Utility plat map shall consist of a drawing of the PUD project at a scale of one inch equals one hundred
feet or one inch equals two hundred feet composed of one or more sheets with an outer dimension of twenty-four by thirty-
six inches showing the following information:
1. A utility plan showing the easements for water, sewer,electric,gas, telephone,and any other utilities within the
PUG. Easements shall be designed to meet the Weld County Code, Chapter 24,for easement standards.
2. A utility service statement block shall appear on the map. The block shall identify each special district,
municipality, or utility company intended to service the Planned Unit Development. The block shall include:
A. The name of the utility.
6. A dated signature and statement from the utility's representative indicating one of the following:
(1)service is available, (2) service is available subject to specific conditions, or (3) service is not
available for the PUD. In the event number(2)is indicated,the specific condition shall be described.
FINAL PLAN GRADING AND DRAINAGE MAP REQUIREMENTS
A grading and drainage plan map shall consist of a drawing of the PUD project at a scale of one inch (1") equals one
hundred feet(100'),one inch(1")equals two hundred feet(200')or an approved scale composed of one or more sheets
with an outer dimension of twenty-four(24) by thirty-six(36) inches showing the following information:
1. A grading and drainage plan indicated by solid line contours superimposed on dashed line contours of existing
topography for the area of the final plat. Such contours shall be at two(2)foot intervals for predominant ground
slopes within the tract between level and five percent (5%) grade and five (5) foot contours for predominant
ground slopes within the tract over five percent(5%)grade.
2. All watercourses on the property will be shown. In addition, all FLOOD HAZARD areas shall be delineated.
3. All drainage ways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc., which may be
incorporated into the storm water management system for the PUD shall be designated.
4. All irrigation ditches and laterals shall be shown.
5. All required on-site detention areas, including notes indicating the area and volume of the facility.
6. All plans shall indicate the proposed outlet for the storm drainage from the property, including the name of the
drainage way(where appropriate), the downstream conditions, and any downstream restrictions.
7. Drainage design computations along with a stormwater drainage study performed by a registered engineer
competent in stormwater calculations shall be submitted in accordance with Chapter 24, Article VII of the Weld
County Code.
8. Plans, profiles and typical cross section drawings of streets, bridges, culverts,and all drainage detention areas
and structures. Streets including pavement design, bridges, culverts and other drainage structures and
computations shall be designed and constructed to meet the requirements of the Weld County Public Works
Department and Chapter 24, Article VII of the Weld County Code.
29
Planned Unit Development—Development Guide Requirements Sec.27-6-120
i-. off-site road improvements. This proposal shall describe, in detail, the type of on-site improvements in
compliance with Section 24-9-10 and off-site road improvements in compliance with Section 24-9-20, to
determine if the requirement for street or highway facilities providing access to the property has been
satisfied. The method of guarantee shall conform with the County's policy regarding collateral for
improvements.
g. That there has been compliance with the applicable requirement contained in Chapter 23 regarding
overlay districts,commercial mineral deposits and soil conditions on the subject site.
h. Consistency exits between the proposed zone district uses and the specific or conceptual development
guide.
i. Upon the Board of County Commissioners making its final decision, a resolution setting forth that
decision shall be drafted and signed. A record of such action and a copy of the resolution will be kept in the
files of the Clerk to the Board.
j. The Board of County Commissioners shall arrange for the Clerk and Recorder to record the resolution
and, if the proposed change of zone is approved, the rezoning plat. (Weld County Codification Ordinance
2000-1; Weld County Code Ordinance 2001-1)
ARTICLE VII
PUD Final Plan:
Step Three
Sec.27-7-10. Intent.
The intent of this Article is to provide the criteria for review of a PUD final plan. An applicant may submit an
application for a PUD final plan, provided that the PUD final plan is located within an existing PUD Zone District.
A PUD final plan may encompass all or part of a PUD Zone District. The uses shall be identical to those located
and described in the approved development guide if a specific development guide was submitted. In the event that
a conceptual development guide was submitted for the change of zone application, a detailed specific development
guide shall be submitted along with the final plan requirements.
Sec.27-7-20. Filings and phasings of a final plan.
A final plan may develop in filings and phases within a PUD. A filing is where only a portion of the
development is platted at a time. An improvements agreement is required only for the filing being platted and
developed. In phasing the development, the construction of the development may occur within separate filings or
for the entire subdivision. An improvements agreement is only required for the phase being developed. Within a
filing, a development can consist of multiple phases.
Sec. 27-7-30. Requirements for submittal.
The following completed information is required for the final plan. The Director of Planning Services has the
discretion to waive information not deemed necessary by the Department of Planning Services.
A. A recorded change of zone plat which delineates the proposed uses.
B. A copy of a certificate of title issued by a title insurance company or an attorney's opinion of the title
which shall set forth the names of all owners of property included in the PUD final plan. The list shall include
all mortgages,judgments, liens, easements, contracts and agreements of record in the County which shall affect
the property in the PUD final plan. If the attorney's opinion or certificate of title discloses any of the above, the
holders or owners of such mortgages,judgments, liens, easements, contracts or agreements shall be required to
join in and approve the application before the PUD final plan shall be acted upon.
27-21
Supp. l
Planned Unit Development—Final Plan: Step Three Sec.27-7-30
C. A certificate of title or an abstract of title covering all public dedications. When the applicant is to
dedicate land for schools, roads, parks or other public purposes, a letter of intent from the appropriate public
agencies stating that the dedicated lands will be accepted.
D. A warranty deed or other suitable document ready to record which deeds to the appropriate public body
all lands other than streets which are to be held for or used for public purposes. The warranty deed or suitable
document shall be recorded prior to the recording of the final plat.
E. Certificate from the County Treasurer showing no delinquent taxes or special assessments on the
property of the proposed PUD final plan.
F. Certificate from a qualified engineer in the State responsible for the design of the utilities.
G. Copies of all deed restrictions, including those required by the Board of County Commissioners to
govern the future use of all land in the PUD, covenants, grants of easements or restrictions to be imposed upon
the use of the land,buildings and structures.
H. An improvements agreement according policy regarding collateral for improvements. This form is
provided by the Department of Planning Services. The applicant will complete this form showing the
improvements that the applicant is required to construct and the type of collateral which will guarantee
installation of improvements. Improvement agreements shall comply with Sections 2-3-30, 24-9-10 and 24-9-
20 of this Code.
I. Evidence from the appropriate jurisdiction stating that the street and/or highway facilities providing
access to the property are adequate in functional classification, width and structural capacity to meet the traffic
requirements of the uses of the proposed zone district.
J. A separate off-site road improvements agreement proposal. Adjacent roadways shall be designed to
meet the full typical section specified in the County Transportation Plan and Chapter 24 of this Code.
Improvements may include the construction of travel lanes, shoulders, bike lanes, medians, curb, gutter and
sidewalks, for example. Required improvements may also include the acquisition of right-of-way and
construction easements that will be dedicated to the public. Improvements attributed to the development shall
be consistent with the direct impact a particular development has on the County road system as determined by a
professional transportation study. The road improvements agreement and roadway construction plans shall be
considered by the Board of County Commissioners. The off-site road improvement proposal shall describe, in
detail,the type of off-site road improvements to determine if the requirement for street or highway facilities will
be adequate in functional classification, width and structural capacity to meet the traffic requirements. The
method of guaranteeing the installation of off-site road improvements shall be described as part of the
agreement The method of guarantee shall conform with the County's policy regarding collateral for
improvements at Section 2-3-30 of this Code.
K. A PUD construction schedule showing the approximate dates when construction of the development is
proposed to start and finish. This shall describe the stages in which the development will be constructed, and
the number of buildings or structures and the amount of common open space to be completed at each stage.
L. A statement describing the method of financing for the development. The statement shall include the
estimated construction cost and proposed method of financing of the street and related facilities, water
distribution system, sewage collection system, floodplain protection, storm drainage facilities and such other
facilities as may be necessary.
27-22
Supp. I
Planned Unit Development—Final Plan: Step Three Sec.27-7-30
M. An affidavit listing the names and addresses of all mineral owners and lessees of mineral owners on or
under the parcel of land being considered. The list shall be prepared from the real property records of the
County(or adjacent County) Clerk and Recorder, and shall be current as of a date no more than thirty (30) days
prior to the date the application is submitted to the Department of Planning Services.
N. A certified list of the names and addresses of mineral owners and lessees of mineral owners on or under
the parcel of land being considered. The source of such list shall be assembled from the records of the Clerk and
Recorder, or from an ownership update from a title or abstract company or an attorney derived from such
records.
O. A statement indicating that the proposed PUD final plan is in compliance and meets all criteria as set
forth in the change of zone. The statement should demonstrate a detailed description of the uses on site and
demonstrate how the development guide has been followed and adhered to.
P. A final plan plat map in compliance with Section 27-9-20 of this Chapter.
Q. A landscape plan in compliance with Section 27-9-30 of this Chapter.
R. A utility map in compliance with Section 27-9-40 of this Chapter. (Weld County Code Ordinance 2001-
1)
Sec.27-7-40. Review procedure for final plan.
A. Intent. The intent of this Section is to outline the criteria for evaluation for the final plan.
B. Duties of the Department of Planning Services.
1. The Department of Planning Services shall be responsible for processing all applications for a PUD final
plan once a completed application is submitted. The Department shall have the responsibility to ensure that all
application procedures and requirements are met prior to any official action.
2. In the event that the Department of Planning Services determines that the final plan submittal is
consistent with the previous sketch plan and change of zone submittals, and if a specific development guide was
submitted for the change of zone application, the Planner shall:
a. Send the application to referral agencies for review and comment. The agency shall respond within
twenty-one(21)days after the application is mailed. The failure of any agency to respond within twenty-one
(21) days may be deemed a favorable response. All referral agency review comments are considered
recommendations to the County. The authority and responsibility for approval and denial of a final plat
application rests with the County. The referral agencies include those listed in Subsection 27-4-30 B.1 of
this Chapter.
b. The Planner shall review the final plan application and approve, or conditionally approve, the
application if the applicant has demonstrated compliance with Subsections C.1 through C.8 below.
3. In the event that the Department of Planning Services determines that the fmal plan submittal is not
consistent with the previous sketch plan and change of zone submittals, and/or a conceptual development guide
was submitted for the change of zone application,the Planner shall:
a. Set a Board of County Commissioners hearing date not less than forty-five (45) days nor more sixty
(60)days after the complete application has been submitted.
b. Send the application to referral agencies for review and comment. The agency shall respond within
twenty-one (21) days after the
27-23
Supp. I
Planned Unit Development—Final Plan: Step Three Sec.27-7-40
.-.
application is mailed. The failure of any agency to respond within twenty-one (21) days may be deemed a
favorable response. All referral agency review comments are considered a recommendation to the County
for approval and denial of a final plan application. The referral agencies include those listed in Section 27-4-
30 B.1 of this Chapter.
c. Arrange for legal notice of said hearing to be published once in the newspaper designated by the Board
of County Commissioners for publication of notices. At the discretion of the Board of County
Commissioners,a second notice may be published in a newspaper which is published in the area in which the
PUD plan is proposed. The failure to publish the second notice shall not create a jurisdictional defect in the
hearing process. The date of publication shall be at least fourteen(14)days prior to the hearing.
d. Give notice for the proposed fmal plan and the public hearing date to those persons listed in the
application as owners of property located within five hundred (500) feet of the parcel under consideration,
and owners and lessees of the mineral estate on or under the parcel under consideration. Such notification
shall be mailed, first class,not less than fifteen(15)days before the scheduled public hearing. Such notice is
not required by state statute and is provided as a courtesy to the owners and lessees of the mineral estate on
or under the parcel. Inadvertent errors by the applicant in supplying such list or the Board of County
Commissioners in sending such notice shall not create a jurisdictional defect in the hearing process, even if
such error results in the failure of a surrounding property owner or owners and lessees of mineral estates to
receive such notification.
e. The Department of Planning Services shall post a sign for the applicant on the property under
consideration for a PUD final plan. The sign shall be posted adjacent to and visible from a publicly
maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly
maintained road right-of-way, one (1) sign shall be posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way. The sign shall be posted at least fifteen(15) days prior to
the hearing.
f. Prepare a staff recommendation for the Board of County Commissioners addressing all aspects of the
application. Planning staff recommendations will determine compliance with Subsections C.1 through C.8
below.
C. Responsibilities of the Department of Planning Services: The Department of Planning Services shall
determine if the proposed final plan meets the intent of the change of zone development guide application and that
standards of all applicable County regulations have been met as follows:
1. That the proposal is consistent with Chapters 19, 22, 23, 24 and 26 of this Code and any
intergovernmental agreement in effect influencing the PUD.
2. That the uses which would be allowed in the proposed PUD will conform with the performance standards
of the PUD Zone District contained in Article II of this Chapter.
3. That the uses which would be permitted will be compatible with the existing or future development of
the surrounding area as permitted by the existing zoning, and with the future development as projected by
Chapter 22 of this Code or master plans of affected municipalities.
4. That adequate water and sewer service will be made available to the site to serve the uses permitted
within the proposed PUD in compliance with the performance standards in Article II of this Chapter.
27-24
Supp. I
Planned Unit Development—Final Plan: Step Three Sec.27-7-40
5. That street or highway facilities providing access to the property are adequate in functional classification,
width and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District.
6. In the event the street or highway facilities are not adequate, the applicant shall supply information which
demonstrates the willingness and financial capacity to upgrade the street or highway facilities in conformance
with the Transportation Sections of Chapters 22, 24 and 26, if applicable. This shall be shown by submitting
with the PUD district application a separate proposal for on-site and off-site road improvements. This proposal
shall describe, in detail, the type of on-site improvements in compliance with Section 24-9-10 and off-site road
improvements in compliance with Section 24-9-20, to determine if the requirement for street or highway
facilities providing access to the property has been satisfied. The method of guarantee shall conform with the
County's policy regarding collateral for improvements.
7. That there has been compliance with the applicable requirements contained in Chapter 23 regarding
overlay districts, commercial mineral deposits and soil conditions on the subject site.
8. If compatibility exists between the proposed uses and criteria listed in the development guide, and the
final plan exactly conforms to the development guide.
D. Duties of the Board of County Commissioners.
I. In the event that it is determined that the fmal plan submittal is not consistent with the previous sketch
plan and change of zone submittals, or if a conceptual development guide was submitted for the change of zone
application, or if the applicant has requested the creation of a site specific development plan pursuant to the
Colorado Vested Rights Act and Chapter 23 of this Code, the Board of County Commissioners shall hold a
public hearing to consider the fmal plan application and to take final action thereon. The Board's decision shall
consider the recommendation of the Planner,referral agency responses and the application case file to determine
compliance with Subsections 2.a through 2.h below.
2. The Board of County Commissioners shall determine if the proposed final plan meets the intent of the
change of zone development guide application and that standards of all applicable County regulations have been
met as follows:
a. That the proposal is consistent with Chapters 19, 22, 23, 24 and 26 of this Code and any
intergovernmental agreement in effect influencing the PUD.
b. That the uses which would be allowed on the subject property will conform to the performance
standards outlined in Article II of this Chapter.
c. That the uses which would be permitted will be compatible with the existing or future development of
the surrounding area as permitted by the existing zone district, and with the future development as projected
by Chapter 22 of this Code or master plans of affected municipalities.
d. The PUD Zone District shall be serviced by an adequate water supply and sewage disposal system in
compliance with Article II of this Chapter.
e. That street or highway facilities providing access to the property are adequate in functional
classification, width and structural capacity to meet the traffic requirements of the uses of the proposed zone
district.
27-25
Supp. I
Planned Unit Development—Final Plan: Step Three Sec.27-7-40
f. In the event the street or highway facilities are not adequate, the applicant shall supply information
which demonstrates the willingness and financial capacity to upgrade the street or highway facilities in
conformance with the Transportation Sections of Chapters 22, 24 and 26, if applicable. This shall be shown
by submitting with the PUD district application a separate proposal for on-site and off-site road
improvements. This proposal shall describe, in detail, the type of on-site improvements in compliance with
Section 24-9-10 and off-site road improvements in compliance with Section 24-9-20 of this Code, to
determine if the requirement for street or highway facilities providing access to the property has been
satisfied. The method of guarantee shall conform with the County's policy regarding collateral for
improvements at Section 2-3-30 of this Code.
g. That there has been compliance with the applicable requirements contained in Chapter 23 regarding
overlay districts,commercial mineral deposits and soil conditions on the subject site.
h. If compatibility exists between the proposed uses and criteria listed in the development guide, and the
final plan exactly conforms to the development guide.
3. Upon the Board of County Commissioners making its fmal decision, a resolution setting forth that
decision shall be drafted and signed. A record of such action and a copy of the resolution will be kept in the
files of the Clerk to the Board.
4. The Board of County Commissioners shall arrange for the Clerk and Recorder to record the resolution.
(Weld County Codification Ordinance 2000-1;Weld County Code Ordinance 2001-1)
ARTICLE VIII
Supplemental Procedures and
Requirements
Sec.27-8-10. Intent.
The intent of the Supplemental Procedures and Requirements is to assure that the PUD development commences
in a timely fashion.
Sec.27-8-20. Enforcement of a PUD.
All development shall meet the requirements herein set forth, and no part of a PUD shall be approved that does
not meet these requirements.
Sec.27-8-30. Amendment to a PUD Zone District.
Each approved PUD Zone District is considered unique, and the uses described by block and/or lot within a
PUD Zone District shall only be amended by applying for a change of zone to a new PUD Zone District. These
procedures are contained in Article V of this Chapter.
Sec. 27-8-40. Changes to a PUD final plan.
A. Amendments. Any request to make a major change to an approved PUD final plan shall be processed as a
new application for a PUD final plan under Article VII of this Chapter. This may include, but not be limited to
requests for vacating all or parts of an approved PUD final plan for the purpose of major redesign or major
corrections. The Department of Planning Services may waive application requirements which do not pertain to the
proposed major change to the PUD final plan.
B. Minor Modifications. The Department of Planning Services may approve a minor modification to a PUD
final plan. The applicant shall prove that the minor modification is required by engineering or
27-26
Supp. l
RINKO, LLC Phone: 303-601-9230
Fax:303-277-1583
Rinko,LLC E-Mail:johnrinko@yahoo.com
12081 W.Alameda Pkwy.#254
Lakewood,Colorado 80228
May 12, 2003
Mr. Kim Ogle
Lead Planner
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, Colorado 80631
Subject: Final Plan Submittal Package
Longs Peak Estates, Case#Z-543
Dear Kim:
The purpose of this submittal is to provide Weld County Department of Planning Services additional
information regarding the Final Plan for Longs Peak Estates, Case#Z-543 per the requirements listed
in the Weld County Board of County Commissioners Resolution of October 24, 2001. The final
Change of Zone Plat Map was submitted on May 7, 2002 and addressed Resolution Items I, 2 and 3.
This submittal provides the Final Plan detail and supporting material as requested in Resolution Item
4. The format of this submittal adheres to Section 27-7-30 of the Weld County Code(WCC) as
summarized in Items 1 through 19 of the WCC excerpt appearing in Attachment A. Additional
conditional items detailed in Resolution Item 4(Attachment B) are also addressed.
Supporting information appears in the attachments to this submittal. Separately referenced are the
Final Plan drawings and related documents for the Longs Peak Estates PUD. The drawing set
includes the site master plan, the utility easement layouts,building footprints, road details, water line
details, and the site drainage details. Specifically,the following is provided:
1. Twenty-five(25)copies of the Final Plan construction drawing package for Weld County
Planning review and referral
2. Eight(8) sets of the Final Plan construction drawing package for utility reviews
3. Three (3) copies of the Detailed Drainage Study
4. Two (2)copies of the Geotechnical Report for pavement design
5. Two(2) copies of the Landscape and Maintenance Plan
6. Three(3) copies of the Final Plat
7. One(1) copy of the Change of Zone Plat
8. One (1)copy of the Title Report
9. One(1)copy of the County Treasurer Certificate
10. Four(4) copies of the Private Improvements Agreement
11. Four(4) copies of the Public Improvements Agreement
12. One(1) copy of the neighboring property owners mailing list
13. One (1) copy of the mineral rights agreement
14. Three(3) copies of the draft Homeowners' Association Covenants
Kim Ogle
May 12, 2003
Page 2
Longs Peak Estates is a proposed Planned Unit Development(PUD) of seven(7) lots over
approximately 31 acres,with a bulk density of 4.4 acres per lot. The intent of the proposed Longs
Peak Estates PUD is to provide an opportunity for a rural residential lifestyle. The seven large single-
family lots will permit a variety of livestock, domestic and exotic animals. This is the predominant
lifestyle for the neighborhood and it is anticipated that the residents of Longs Peak Estates will be
integrated into the rural fabric of the area.
Resolution Item 4. Final Plan
The Final Plan application shall adhere to Section 27-7-30 of the WCC and shall specifically address
the following as well.
Specific issues to be addressed in the Final Plan submittal are listed in Items 4A through 4J. These
items are addressed in the section following the WCC Final Plan submittal items.
1. The Final Plan application forms provided by the Department of Planning Services and
application fee.
The completed application form appears in Attachment C along with the Record of Receipt No.
08798 for the application fee. Supporting information regarding the property is also included for your
reference.
2. A recorded Change of Zone plat which delineates the proposed uses.
The recorded Change of Zone plat was approved by the Weld County Board of County
Commissioners as documented in their Resolution of October 24, 2001. The final Change of Zone
Plat Map was submitted to Weld County Department of Planning Services on May 7, 2002 and is
available from Planning Department files. For your convenience, one (1)copy is separately attached
to this submittal for review purposes. Mylar copies were submitted on June 20`h, and in digital file
format on August 7, 2002. Records of submittals appear in Attachment D.
3. A copy of a certificate of title issued by a title insurance company or an attorney's opinion of
the title which shall set forth the names of all owners of property included in the PUD final
plan. The list shall include all mortgages,judgments, liens, easements, contracts, and
agreements of record in Weld County which shall affect the property in the PUD final plan.
If the attorney's opinion or certificate of title discloses any of the above, the holders or
owners of such mortgages,judgments, liens, easements, contracts or agreements shall be
required to join in and approve the application before the PUD final plan shall be acted
upon.
One(1)copy of the Title Report issued by Chicago Title of Colorado, Inc. which documents the
ownership of the property to Daryll D. and Carol A. Propp is separately attached to this submittal.
Rinko, LLC Longs Peak Estates— Case Z-543
Kim Ogle
May 12, 2003
Page 3
4. A certificate of title or an abstract of title covering all public dedications. When the applicant
is to dedicate land for schools, roads,parks or other public purposes, a letter of intent from
the appropriate public agencies stating that the dedicated lands will be accepted.
Land areas designated as open space are identified in the drawing package and are addressed in the
Homeowners' Association(HOA) Covenants. The HOA will retain ownership of the open space,
which will be dedicated in a note on the Final Plat.
5. A warranty deed or other suitable document ready to record which deeds to the appropriate
public body all lands other than streets which are to be held for or used for public purposes.
The warranty deed or suitable document shall be recorded prior to the recording of the Final
Plan plat.
The HOA will retain ownership of the open space property, with the covenants documenting the open
space for public use. Therefore, a warranty deed is not required for this site.
6. Certificate from the County Treasurer showing no delinquent taxes or special assessments on
the property of the proposed Final Plan.
The requested County Treasurer Certificate is separately attached to this submittal.
7. Certificate from a qualified engineer in the State of Colorado responsible for the design of the
utilities.
Easements for the placement of utilities are included in the drawing package. The utilities shown
have been designed by Mr. Sean J. Welsch,P.E. of Welsch Design Consultants, Inc. The drawings
will be stamped by Mr. Welsch, a registered professional engineer in the State of Colorado (# 34158).
8. Copies of all deed restrictions, including those required by the Board of County
Commissioners to govern the future use of all land in the PUD, covenants, grants of
easements or restrictions to be imposed upon the use of the land, buildings and structures.
The attached drawings depict the allowable sites for placement of buildings and structures on the lots.
Restrictions on the building envelopes and protection of the absorption fields are included in the
covenants. Deed restrictions have not been requested and are not deemed necessary.
9. An Improvement Agreement according policy regarding collateral for improvements. This
form is provided by the Department of Planning Services. The applicant will complete this
form showing the improvements that the applicant is required to construct and the type of
collateral which will guarantee installation of improvements. Improvement agreements shall
comply with Sections 24-9-10 and 24-9-20 of the WCC.
r
Rinko, LLC Longs Peak Estates— Case Z-543
Kim Ogle
May 12, 2003
Page 4
The drafted Improvements Agreement(four(4) copies)is separately attached to this submittal and
includes guarantee of installation of the on-site or private improvements. This agreement addresses
the on-site improvements, including the on-site road improvements, the water line installation,the
ditch improvements, site drainage and storm water work, landscaping, and utility improvements.
10. Evidence from the appropriate jurisdiction stating that the street and/or highway facilities
providing access to the property are adequate in functional classification, width and
structural capacity to meet the traffic requirements of the uses of the proposed zone district.
The proposed PUD has been reviewed by Weld County Public Works Department with detailed
findings included with the Change of Zone submittal. The Internal Memorandum from Mr. Drew
Scheltinga, P.E., Engineering Manager to Planning documenting the requirements for Final Plan is
attached for evidence of approval (Attachment E). In the Internal Memorandum, six conditions are
required for Final Plat. These conditional items are addressed in the submittal as outlined in the
summary response in Attachment E. Also included in Attachment E is the completed Weld County
Road Access Information Sheet.
11. An off-site road improvements agreement proposal. The off-site road improvement proposal
shall describe, in detail, the type of off-site road improvements to determine if the
requirement for street or highway facilities will be adequate in functional classification,
width and structural capacity to meet the traffic requirements. The method of guaranteeing
the installation of off-site road improvements shall be described as part of the agreement and
shall conform with Weld County's policy regarding Collateral for Improvements.
The off-site road Improvements Agreement(four(4)copies) is separately attached to this submittal as
a draft Improvements Agreement(Public) which addresses the off-site road improvements. The
design package addresses the comments from Public Works Department and includes a guarantee of
installation.
12. A PUD construction schedule showing the approximate dates when construction of the
development is proposed to start and finish. This shall describe the stages in which the
development will be constructed, and the number of buildings or structures, and the amount
of common open space to be completed at each stage.
The target construction schedules for the PUD completion are included with the improvements
agreements. We intend to complete the buildout in one stage with the completion of the common
open space at that time. Construction of the individual homes will vary depending on market
conditions.
13. A statement describing the method offinancing for the development. The statement shall
include the estimated construction cost and proposed method offinancing of the street and
related facilities, water distribution system, sewage collection system,floodplain protection,
storm drainage facilities and such other facilities, as may be necessary.
Rinko, LLC Longs Peak Estates— Case Z-543
Kim Ogle
May 12, 2003
Page 5
The estimated construction costs are included in the Improvements Agreements attached. The project
will be privately funded by Propp Realty, Inc. with appropriate line of credit letter provided upon
acceptance of the Final Plan. Details on the street and related facilities required are included in the
drawing package.
14. A certified list of the names, addresses and the corresponding Parcel Identification Number
assigned by the Weld County Assessor of the owners of property(the surface estate) within
five hundred(500)feet of the property subject to the application. The source of such list shall
be the records of the Weld County Assessor, or an ownership update from a title or abstract
company or attorney, derived from such records, or from the records of the Weld County
Clerk and Recorder. If the list was assembled from the records of the Assessor, the applicant
shall certify that such list was assembled within thirty days of the application submission
date.
The required list of information is provided as a separate attachment to this submittal. This applicant
certifies that this list was assembled within 30 days of the application submission date.
15. A certified list of the names and addresses of mineral owners and lessees of mineral owners
on or under the parcel of land being considered. The source of such list shall be assembled
from the records of the Weld County Clerk and Recorder or from an ownership update from a
title or abstract company or an attorney derived from such records.
The issues regarding the mineral rights have been addressed prior to the acceptance of the Change of
Zone Plat Map and thus approved in the Weld County Board of County Commissioners Resolution of
October 24, 2001. A copy of this agreement is separately attached to this submittal for reference.
16. A statement indicating that the proposed PUD Final Plan is in compliance and meets all
criteria as set forth in the Change of Zone. The statement should demonstrate a detailed
description of the uses on site and demonstrate how the Development Guide has been
followed and adhered to.
This proposed PUD Final Plan is in compliance and meets all criteria as set forth in the Change of
Zone. The supporting material provides documentation on the site uses, open space commitment,
and execution of the development guide established for Longs Peak Estates.
17. A Final Plan plat map.
Appearing separately attached is the Final Plan plat map and associated drawings.
18. A Landscape Map.
r
Appearing separately attached is the Landscape Map and associated drawings.
Rinko, LLC Longs Peak Estates— Case Z-543
Kim Ogle
May 12, 2003
Page 6
19. A Utility Map.
Appearing separately attached is the Utility Map and associated drawings.
Resolution Item 4. Specific Items for Final Plan
Item 4A. Improvement Agreements
A draft Improvements Agreement was submitted with the Change of Zone Plat Map and approved.
The attached drawing package and related information formed the basis for the revised Improvements
Agreements. The agreements address the roads, trails, landscaping, and other construction elements.
The drafts of the proposed final Improvements Agreement are provided for review and contain
updated construction cost estimates. We are requesting that the roads be placed on the Weld County
road system.
Item 4B. Method of Trail and Open Space Maintenance
The Homeowners' Association(HOA)will be responsible for the maintenance of the on-site trails,
open space, and landscape maintenance. The Homeowners' Association will subcontract these
services to qualified landscape maintenance firms and pay for these services through association fees.
Item 4C. Covenant and HOA Open Space Management
The covenants and HOA will address and manage open space maintenance and landscaping. A draft
covenants is separately attached to this submittal for Weld County Planning review and comment.
Item 4D. Second Absorption Field Preservation
Specific language for the preservation of the second absorption field envelope is contained in the
covenants and appears of the site drawings for each lot.
Item 4E. Evidence of Left Hand Water District Taps and Conditions Addressed
Left Hand Water District has provided the water taps for the development. Detailed information
regarding their conditions of development and demonstration of available water sources and taps
have been provided in the Change of Zone submittal. Appearing in Attachment F are recent water
bills demonstrating continued ownership of the water taps.
Item 4F. Lot Easement Requirements
The Final Plan plat map shows fifteen(15) foot perimeter and ten (10) foot lot line easements for
utilities.
Rinko, LLC Longs Peak Estates— Case Z-543
Kim Ogle
May 12, 2003
Page 7
Item 4G. Detailed Drainage Study
A detailed drainage study is provided as a separate attachment to this submittal.
Item 4H. Roadway Plans
The drawing package separately attached includes the final roadway plans for Weld County Public
Works Department. We intend these drawing to be forwarded to Public Works for review and
comment. Upon receipt of comment,we will modify and finalize the drawings and obtain evidence
of approval for the Department of Planning Services.
Item 4I. Digital Drawing Files
The Final Plan plat map will be provided in digital format complying with the requirements listed in
this item. Once the drawings separately attached are approved by Weld County Planning, signed
mylars will be provided and digital copies forwarded to you for inclusion into this document.
Item 4J. Board of County Commissioners Approval
r
We understand that once approved and accepted by the Department of Planning Services,the Weld
County Board of County Commissioners will review the Final Plan application for final approval.
Resolution Item 5. Building Permits
Resolution Items 5A through 5E address actions necessary prior to the release of building permits.
These tasks will be completed after the Final Plan approval.
We trust this package addresses the conditions of the Resolution for submittal of the Final Plan
Application and Plat Map. This submittal the Final Plan package is in draft form for your review and
comment. Your input on this submittal is requested so that the Final Plan can be modified to meet
your expectations. Should you have any questions or require additional documentation,please do not
hesitate to contact me at(303) 601-9230.
Sincerely,
John Rinko,Jr.,P.E.
cc: Daryll Propp, Propp Realty, Inc.
Rinko, LLC Longs Peak Estates— Case Z-543
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
LONGS PEAK ESTATES
Daryll D. Propp and Carol A. Propp (collectively, "Declarant"), as the owners of
certain real property located in Weld County, Colorado, and more particularly described on
Exhibit A, attached hereto and incorporated herein by this reference (the "Properties"),
which Properties consist of seven (7) individual Lots to be sold, and related Common Area
and Common Area Improvements as set forth on a Plat recorded or to be recorded, hereby
makes the following grants, submissions, and declarations:
RECITALS
Declarant desires to provide for the preservation and enhancement of property
values, and opportunities in the Properties, contributing to the personal and general health,
safety and welfare of residents and for the maintenance of the Common Area and
Improvements, and to this end, Declarant desires to subject the Properties, together with
such additions as may hereafter be made thereto, to the covenants, conditions, restrictions,
easements, charges and liens hereinafter set forth, each and all of which is and are for the
benefit of the Properties and each Owner thereof.
DECLARATION
NOW,THEREFORE,Declarant declares that the Properties and such additions as may
hereafter be made are and shall be held, transferred, sold, conveyed and occupied subject
to the following uniform covenants, conditions, restrictions, easements, charges and liens
which shall run with the real property and be binding on all persons having or acquiring any
right, title or interest in the Properties or any part thereof, their heirs, successors, and
assigns, and shall inure to the benefit of,be binding upon, and be enforceable by Declarant,
its successors in interest, each Owner and his successors in interest, and the Longs Peak
Estates Homeowners Association, and its successors in interest.
I. DEFINITIONS
The following terms shall have the following meanings when used,unless the context
otherwise requires:
Longs Peak CCRs 9-6-02.wpd
1.1 Association. "Association" shall mean and include Longs Peak Estates
Homeowners Association, a Colorado non-profit corporation, its successors and assigns.
1.2 Board of Directors. "Board of Directors" or"Board"shall mean and include the
governing body of the Association as provided in this Declaration, the Articles of
Incorporation and the By-Laws thereof.
1.3 Building. "Building" shall mean and include any building constructed on..the
Properties.
1.4 Common Area. "Common Area"shall mean and refer to all real property owned
by or reserved for the Association for the common use and enjoyment of the Owners. The
Common Area to be owned by or reserved for the Association at the time of the conveyance
of the first Lot is described in Exhibit B.
1.5 Common Area Improvements. "Common Area Improvements" shall mean and
refer to any and all improvements located in, under, or upon the Common Area, as
originally developed and constructed by Declarant or as later added by the Association,
which Common Area Improvements may include but shall not be limited to entrances, open
space, trails and any non-dedicated and private roadways, all as may be located upon the
Common Area described herein.
1.6 Common Expense. "Common Expense" shall mean and refer to:
1.6.1 Expenses of administration, operation or management, repair,
maintenance or replacement of the Common Area of the Project;
1.6.2 Expenses declared Common Expenses by the provisions of this
Declaration, the Articles of Incorporation and By-Laws of the Association;
1.6.3 All sums lawfully assessed against the Lots by the Board of Directors of
the Association;
1.6.4 Expenses determined to be Common Expenses by the Association;
1.6.5 Expenses as are provided in any management agreement applicable to
the Properties; and
1.6.6 Expenses incurred in the maintenance of any property over which the
Association has a license and maintenance agreement with public agencies, authorities or
Longs Peak CCRs 9-6-02.wpd 2
utilities, including, but not limited to United Power, Inc., Qwest, Inc. and Weld County,
Colorado.
1.7 Declarant. "Declarant" shall mean and include Daryll D. Propp and Carol A.
Propp, their heirs, successors and assigns, if a notice of assignment of Declarant's rights
hereunder is recorded in the records of the Office of the Clerk and Recorder of Weld County,
Colorado, specifying the assignee of Declarant's rights.
1.8 Declarant Control Period. "Declarant Control Period"means the period of time
beginning on the date on which the Declaration is recorded in the records of the Clerk and
Recorder of Weld County, Colorado, and ending on the happening of any of the following
events, whichever occurs first:
1.8.1 Upon the date sixty (60) days after the date on which Declarant has
conveyed all of the Lots to purchasers other than Declarant; or
1.8.2 Upon the date twenty (20) years after the effective date of this
Declaration; or
1.8.3 On a date certain set forth in a written notice from Declarant to the
Secretary of the Association of its intent to terminate this reserved right as of such date;
provided, however, that in the event there is more than one Declarant, such notice must be
signed by all such Declarants.
1.9 Declaration. "Declaration"shall mean and include this instrument together with
any and all supplements and/or amendments hereto recorded in the records of the Office
of the Clerk and Recorder of Weld County, Colorado.
1.10 First Mortgage. "First Mortgage" shall mean and refer to any unpaid and
outstanding mortgage, deed of trust or other security instrument recorded in the records of
the Office of the Clerk and Recorder of Weld County,Colorado, encumbering any Lot having
priority of record over all other recorded liens except those governmental liens made
superior by statute (such as general ad valorem tax liens and special assessments). "First
Mortgage" shall also mean and refer to any executory land sales contract wherein the
Administrator of Veterans Affairs, an Officer of the United States of America, is the seller,
whether such contract is recorded or not, and whether such contract is owned by the
Administrator or has been assigned by the Administrator and is owned by the Admin-
istrator's assignee, or a remote assignee, and the land records in the Office of the Clerk and
Recorder of Weld County, Colorado show the Administrator as having the record title to the
Lot.
Longs Peak CCRs 9-6-02.wpd 3
1.11 First Mortgagee. "First Mortgagee" shall mean and include the holder or
beneficiary of any recorded First Mortgage.
1.12 Improvement. "Improvement"shall mean and refer to any Residence,building,
garage, out-building, structure, fixture, landscaping, site grading, driveway, sidewalk,
drainage channel,culvert,roadway, fence,wall,deck,patio,shed,swimming pool, or pond,
located on any part of the Project or Properties, including, but not limited to, buildings,
structures or fixtures located on the Properties or any Lot prior to the recording and effective
dates of this Declaration.
1.13 Longs Peak Estates. "Longs Peak Estates" shall mean the Project and the
Properties as defined in Section 1.20.
1.14 Licensed Property. "Licensed Property" shall mean and include any property
owned by a governmental unit or entity which is maintained by the Association and used
by the Members pursuant to a license agreement with a governmental unit or entity.
1.15 Member. "Member" shall mean and refer to those persons entitled to
membership in the Association. "Member" and "Owner" (as hereinafter defined) may be
used interchangeably herein, unless the context provides otherwise.
1.16 Mortgage. "Mortgage" shall mean and include any recorded mortgage, deed
of trust or other security instrument by which a Lot or any part thereof is encumbered.
1.17 Mortgagee. "Mortgagee" shall mean and include a beneficiary under a
Mortgage.
1.18 Owner. "Owner" shall mean and include any person or entity, including the
Declarant, at any time owning a Lot. The term "Owner" shall not refer to any Mortgagee
as herein defined, unless such Mortgagee has acquired title pursuant to foreclosure, or any
proceeding in lieu of foreclosure. The terms "Owner" and "Member" (as herein above
defined) may be used interchangeably herein, unless the context provides otherwise.
1.19 Participating Builder. "Participating Builder"shall mean an Owner other than
Declarant which acquires a portion of the Properties from Declarant for the purpose of
reselling or leasing the Residences thereon and which is designated in writing by Declarant
as a Participating Builder by instrument duly recorded in the records of the Office of the
Clerk and Recorder of Weld County, Colorado.
1.20 Plat. As used herein, the term "Plat" shall refer to the final plat of Longs Peak
Estates P.U.D.,recorded ,20_,in Book ,at Page ,under Reception
Longs Peak CCRs 9-6-02.wpd 4
No. , of the records of the Office of the Clerk and Recorder of Weld
County, Colorado.
1.21 Properties and Project. "Properties"and"Project"shall mean and refer to that
certain real property described on Exhibit A.
1.22 Residence. "Residence"shall mean and refer to the improvements located upon
any Lot built for single family occupancy as a residence which are constructed on or after
the date on which this Declaration is recorded in the records of the Office of the Clerk and
Recorder of Weld County, Colorado.
1.23 Supplementary Declaration. "Supplementary Declaration" shall mean any
Declaration of Covenants, Conditions, or Restrictions which may be recorded on a portion
of the Property which is in addition to this Declaration and contains covenants, conditions,
and restrictions, in addition to those set forth herein applicable only to that portion of the
Property.
1.24 Lot. "Lot" shall mean and refer to any numbered lot as described on the Plat,
with the exception of the Common Area.
1.25 Lot Improvement. "Lot Improvement" shall mean and refer to any
Improvements located upon a Lot in addition to a Residence, as above defined, as such
Improvements were originally installed by the Declarant or later approved for installation
by the Association and intended for use in connection with the ownership of such Lot.
IL PROPERTY RIGHTS
2.1 Owners'Easements of Enjoyment. Every Owner shall have a right and easement
of enjoyment in and to the Common Area and any Licensed Property which shall be
appurtenant to and shall pass with the tide to every Lot, subject to the following provisions:
2.1.1 The right of the Association to suspend the voting rights and right to use
of any Common Area and Common Area Improvements by a Member for any period during
which any assessment against his Lot remains unpaid, and for a period not to exceed sixty
(60) days for any and each infraction of its published Rules and Regulations; provided,
however, that the Association shall have no right to restrict or deprive the Owner's right to
ingress and egress to and from his Lot; and
2.1.2 The right of the Association to dedicate all or any part of the Common
Area to any public agency, authority or utility for such purposes and subject to such
conditions as may be agreed to by the Members as provided in Section 4.6.
Longs Peak CCRs 9-6i-02.wpd 5
2.2 Delegation of Use. Any Owner may delegate, in accordance with the By-Laws,
his right of enjoyment to the Common Area, Licensed Property, and Common Area
Improvements to the members of his family, his tenants, invitees, or contract purchasers
who reside on the Properties.
2.3 Common Area and Improvements Thereon. Declarant hereby covenants for
itself, its successors and assigns, that prior to the conveyance of the first Lot to an Owner
other than a successor Declarant or Participating Builder, Declarant shall convey to the
Association, for the benefit of all of the Owners, any Common Area and Common Area
Improvements for the benefit of the Association and all of the Owners, free and clear of all
liens and encumbrances, except taxes for the current and subsequent years and subject to
easements, rights-of-way, covenants, conditions, exceptions and reservations of record.
M. EASEMENTS
3.1 Easements for Encroachments. If any portion of the Common Area, or Common
Area Improvement thereon, now or hereafter encroaches upon any Lot, or if any Lot or Lot
Improvement thereon, now or hereafter encroaches upon any other Lot or upon any portion
of the Common Area, as a result of the construction of a Building or other Improvement, or
if any such encroachments shall occur hereafter as a result of settling or shifting of any
Building or other Improvement or for any other reason, a valid easement shall be deemed
to exist for the encroachment and for the maintenance of the same shall exist so long as the
Building or other Improvement shall exist. In the event any Residence, Lot Improvement,
or adjoining Common Area Improvement, shall be partially or totally destroyed or taken as
a result of condemnation or eminent domain proceedings and then rebuilt at the same
location, encroachments due to this rebuilding shall be permitted, and valid easements for
such encroachment and the maintenance thereof shall exist so long as the Building or other
Improvement shall stand. The foregoing encroachments shall not be construed to be
encumbrances affecting the marketability of title to any Lot.
3.2 Maintenance Easement. An easement is hereby granted to the Association, to
be exercised by its officers, directors, agents, employees and contractors upon, across, in,
over and under the Common Area as may be necessary or appropriate to perform the duties
and functions which it is obligated or permitted to perform pursuant to this Declaration,
including the right to construct and maintain on the Common Area maintenance and storage
facilities for the use of the Association. The Association is hereby granted the right to create
easements upon, across, in over and under the Common Area for installing, replacing,
repairing and maintaining all utilities, including but not limited to water, sewer, gas,
telephone, electricity, master television antenna system, and cable television, if any;
provided, however, that such easements are reasonably necessary for the ongoing
development and operation of the Project.
Longs Peak CCRs 9-6-02.wpd 6
3.3 Emergency Easement. An easement for ingress and egress is hereby granted to
all fire protection, ambulance and other similar emergency agencies or persons to enter
upon the Common Area and all Lots in the Project in the performance of their duties.
IV. THE ASSOCIATION
4.1 The Association. The administration of the Project shall be governed by this
Declaration and the Articles of Incorporation and By-Laws of Longs Peak Estates
Homeowners Association, a Colorado nonprofit corporation.
4.2 Membership. An Owner of a Lot shall automatically become a Member of the
Association and shall remain a Member for the period of the Owner's Lot ownership. If tide
to a Lot is held by more than one person, the membership appurtenant to that Lot shall be
shared by all such persons in the same proportion of interests and by the same type of
tenancy in which the tide of the Lot is held. An Owner shall be entitled to one membership
for each Lot owned. Each membership shall be appurtenant to the Lot and shall be
transferred automatically by conveyance of the Lot. No Member shall be entitled to a
preemptive right or option to purchase any Lot. No person or entity other than an Owner
may be a Member of the Association, but the rights of membership may be assigned to a
Mortgagee as further security for loans secured by a Mortgage of a Lot.
4.3 Voting Rights: Declarant Control.
4.3.1 Voting Rights. The Owners shall comprise the only class of membership
in the Association. All Owners shall be entided to one (1) vote for each Lot owned on any
matter on which voting by the Owners is permitted or required by this Declaration, the
Articles of Incorporation or By-Laws of the Association. When more than one (1) person
holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall
be exercised as they among themselves determine, but in no event shall more than one (1)
vote be cast with respect to any Lot.
4.3.2 Declarant Control. Declarant shall be entitled to exercise certain of the
reserved rights specified in this Declaration only during the Declarant Control Period,
including but not limited to the right to appoint the members of the Board of Directors of
the Association as provided in Section 4.4.2.
4.3.3 Within sixty (60) days after the expiration of the Declarant Control
Period:
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Longs Peak CCRs 9E-02.wpd 7
4.3.3.1 The Directors of the Association appointed by Declarant shall
resign.
4.3.3.2 The Association shall hold a meeting for the purpose, among
other things, of electing Directors to fill the vacancies on the Board of Directors.
4.4 Board of Directors.
4.4.1 The Association shall be managed by its Board of Directors. The Board
of Directors shall be elected by a vote of the Owners in annual meetings or special meetings
of the Association, at which a quorum is present, called for that purpose according to the
Articles of Incorporation and By-Laws of the Association. The Board of Directors shall have
such powers and duties and shall serve for such terms of office as are set forth in the Articles
of Incorporation and By-Laws of the Association.
4.4.2 Notwithstanding the foregoing voting rights of the Owners, Declarant
hereby reserves the right to appoint the Board of Directors of the Association during the
Declarant Control Period.
4.4.3 Notwithstanding any provision to the contrary in this Declaration, the
Members other than Declarant shall be entitled to remove any member of the Board of
Directors, other than any Director appointed by Declarant, by the affirmative vote of sixty-
seven percent (67%) of the Members other than Declarant without the prior written
approval of the First Mortgagees.
4.5 Transfer. Except as otherwise expressly stated herein,any of the rights, interests
and obligations of the Association set forth or reserved herein may not be transferred or
assigned to any other person or entity. No such transfer or assignment shall relieve the
Association of any of the obligations set forth herein. No such transfer or assignment shall
revoke or change any of the rights or obligations of any Owners as set forth herein.
4.6 Powers. The Association shall be granted all of the powers described in the
Colorado Revised Nonprofit Corporation Act, as well as all powers necessary to govern,
manage, maintain, repair, administer, and regulate the Project and to perform all of the
duties required of the Association. Notwithstanding the above, unless sixty-seven percent
(67%) of the First Mortgagees,who have registered pursuant to Section 15.7 below (based
upon one (1) vote for each Lot subject to a First Mortgage owned or held), have given their
prior written approval as provided in Section 15.8 below, and the Owners to which sixty-
seven percent (67%) of the votes in the Association are allocated have given their prior
written approval, the Association shall not be empowered or entitled to:
Longs Peak CCRs 9-6-02.wpd 8
4.6.1 By act or omission,seek to abandon or terminate the Project or dissolve
the Association;
4.6.2 Partition or subdivide any Lot.
4.6.3 Annex any additional land into the Project by means of an amendment
to this Declaration;
4.6.4 By act or omission, seek to abandon,partition, subdivide, the Common
Area or any Common Area Improvements thereon (provided that the granting of easements
for public utilities, including cable television, or for other public purposes consistent with
the intended uses of such Common Area by the Association shall not be deemed a transfer
within the meaning of this clause);
4.6.5 Use hazard insurance proceeds for loss to the Common Area
Improvements for other than the repair, replacement, or reconstruction of such Common
Area Improvements;
4.6.6 Merge or consolidate with another project or association, except for
such provisions as may otherwise be provided herein relating to the annexation of additional
lands to the Properties;
4.6.7 Except as may result from the exercise of the provisions regarding the
annexation of property in this Declaration, change the method of determining the
obligations, assessments, dues or other charges which may be levied against an Owner;
4.6.8 Change the voting rights or the extent of rights and easements of each
Owner in and to the Common Area and Common Area Improvements thereon;
4.6.9 By act or omission change,waive or abandon any scheme of regulations,
or enforcement thereof, pertaining to the architectural design or exterior appearance of
Residences, or the maintenance or upkeep of the Common Area; or
4.6.10 Fail to maintain fire and extended coverage on insurable Common
Area Improvements on a current replacement cost basis in an amount not less than one
hundred percent (100%) of the insurable value (based on current replacement costs).
Notwithstanding the foregoing provisions in this Section, unless sixty-seven percent
(67%) of the First Mortgagees who have registered pursuant to Section 15.7 (based upon
one vote for each Lot subject to a First Mortgagee owned or held) have given their approval
as provided in Section 15.8, and the Owners to which one hundred percent (100%) of the
Longs Peak CCRs 9-6-02.wpd 9
votes in the Association are allocated have been given their prior written approval, the
Association shall not be empowered or entitled to abandon, mortgage, encumber, sell or
transfer the Common Area or any Common Area Improvements thereon (provided that the
granting of easements for utilities, including cable television, or for other public purposes
consistent with the intended uses of such Common Area by the Association shall not be
deemed a transfer).
4.7 Examination of Books and Records. All Owners, First Mortgagees, insurers or
guarantors of a First Mortgage of a Lot in the Project shall, upon request, be entitled to:
4.7.1 Inspect the books and records of the Association during normal business
hours;
4.7.2 Receive a copy of a financial statement of the Association for the
preceding fiscal year at no charge;
4.7.3 Written notice of all meetings of the Association and be permitted to
designate a representative to attend all of such meetings; and
4.7.4 Current copies of this Declaration, By-Laws, Articles of Incorporation
and any Rules and Regulations concerning the Project, provided that reasonable copying
charges are advanced to the Association by the party requesting copies.
If requested by a holder, insurer or guarantor of a First Mortgage in writing, an
audited financial statement for the immediately preceding fiscal year will be provided free
of charge to the party so requesting, if available. If an audited financial statement is
unavailable, then one shall be prepared at the requesting party's expense and furnished
within a reasonable time following such request.
V. CERTAIN RIGHTS AND OBLIGATIONS OF THE ASSOCIATION
5.1 Common Area. The Association, subject to the rights of Owners with respect to
their individual Lots, shall be responsible for the exclusive management and control of the
Common Area and Common Area Improvements (including furnishings and equipment
related thereto), and shall maintain and keep the same in good, dean and attractive
condition.The Association may,upon acceptable license and maintenance agreements with
public agencies, utilities, or jurisdictions, assume responsibility for maintaining any
entryways, sidewalks, fences, landscaping improvements and other improvements within
rights-of-way and other properties owned by such public agencies on property owned by
such public agencies, utilities, ditch companies or jurisdictions, including, but not limited
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Longs Peak CCRs 9-6-02.wpd 10
to, Weld County, Colorado. The cost of such management operation, maintenance, and
repair by the Association shall be borne as provided in Article VI.
5.2 Landscape Plan. The Association shall maintain the open space and/or trail in
conformity with the landscape plan and maintenance schedule approved by Weld County
as part of the Plat (the"Landscape Plan"). The cost of such management operation, mainte-
nance, and repair by the Association shall be borne as provided in Article VI.
5.3 Ditch Maintenance. The Association shall maintain a portion of the ditch right-of-
way along the eastern border of the southern half of the Project, as indicated on the [Plat
and/or Landscape Plan], for the irrigation ditch owned by The Farmers Reservoir and
Irrigation Company. The Association shall have the authority to enter into such agreements
as may be necessary or appropriate to carry out the purposes of this provision.
5.4 Miscellaneous Services. The Association may obtain and pay for the services of
any person or entity to manage its affairs, or any part thereof, to the extent it deems
advisable, as well as such other personnel as the Association shall determine to be necessary
or desirable for the proper operation of the Project, whether such personnel are furnished
or employed directly by the Association or by any person or entity with whom or which it
contracts. The Association may obtain and pay for legal and accounting services necessary
or desirable in connection with the operation of the Project or the enforcement of this
Declaration. The Association may arrange with others to furnish lighting, heating, water,
trash collection,snow removal,building and grounds maintenance,sewer service,firewood,
and other services as appropriate to the Project. During the Declarant Control Period, any
contracts or leases entered into shall contain a right of termination, without cause, which
is exercisable without penalty at any time after transfer of control, upon not more than
ninety (90) days prior written notice to the other party thereto; however, such right of
termination need not be present in those contracts and leases wherein the subject matter
is an essential service and where long term contracts are required. The cost of such services
shall be borne as provided in Article VI.
5.5 Professional Management. The Association may obtain and pay for services of
a professional "Management Contractor" to manage its affairs, or any part thereof, to the
extent it deems advisable, whether such services are in lieu of, or supplemental to, the
services described under Section 5.2 above. During the Declarant Control Period, any
management contracts entered into by the Association with respect to such professional
management of the Properties, and any contracts that such professional management shall
enter into on behalf of the Association, shall be for a term not to exceed one (1) year, and
must contain a provision allowing either party to cancel the contract with or without cause,
and without a payment of a termination fee or penalty, upon thirty (30) days' prior written
notice. Further, and in connection with the Association's right to contract for management
Longs Peak CCRs 9E-02.wpd 11
and personnel, whether on-site or off-site in nature, the Association shall have the right to
limit the use of portions of the Common Area for purposes of maintenance and storage
facilities, management office facilities, management housing facilities to the extent
allowable, and other such purposes as deemed desirable and necessary by the Association
for the purposes of management and maintenance of the Properties. The professional
Management Contractor shall be an independent contractor and neither the contractor, nor
any of its employees, shall be considered as employees of the Association.
5.6 Common Area Use. Common Area and Common Area Improvements described
in Sections 1.4 and 1.5 of this Declaration and any licenses obtained by the Association for
use of publicly owned properties are dedicated to the common use and enjoyment of the
Owners for pedestrian traffic, vehicular traffic, equestrian traffic, and other such uses
common to all the Owners as determined by the Association, pursuant to the covenants,
provisions, and restrictions contained herein, or as further defined in the Association By-
Laws and any Rules and Regulations promulgated by the Association.
5.7 Maintenance of Individual Lots. The ownership of the Lots, together with
Residences and existing Lot Improvements, shall be evidenced by a Deed to such Lot,
together with the Improvements thereon. Maintenance, upkeep, and repairs of the Lots
shall be the sole responsibility of the individual Owners thereof, except those portions of the
Lots within the Common Area.
5.8 Identity of Board of Directors. From time to time, but not less than annually,
there shall be mailed by the Association to each Owner a notice containing the names and
addresses of the members of the Board of Directors, and the Management Contractor, if
there is one.
5.9 Rights of Action. The Association and any Owner shall have an appropriate right
of action at law or in equity against any person or other Owner to enjoin the violation of any
of the provisions of this Declaration or with decisions of the Association made pursuant to
this Declaration and for failure to comply with the provisions of this Declaration or with
decisions of the Association made pursuant to this Declaration; and any Owner shall have
similar rights of action against the Association. Any remedies granted to the Association in
this Declaration shall be in addition to any remedies otherwise available to it at law or in
equity.
VI. ASSESSMENTS
6.1 Obligation.
6.1.1 All Owners (INCLUDING Declarant and any Participating Builder) shall
be obligated to pay the estimated assessments imposed by the Board of Directors to meet
Longs Peak CCRs 9-6-02.wpd 12
the common expenses of maintenance, operation and management of the Property, the
Association, and the various functions and duties of the Association. The Board may
establish any reasonable system for periodic collection of Common Expenses, in advance or
arrears as deemed desirable. Initially, the assessment for the estimated Common Expenses
on an annual basis shall be payable quarterly in advance on the first day of each quarter.
In the event a Lot is sold to a non-Declarant purchaser during the year, the annual
assessment shall be prorated to the closing date and paid at closing, together with the
working capital deposit required by Section 6.13 hereof.
6.1.2 Assessments made shall be based upon a budget of the estimated cash
requirements as the Board shall, from time to time, determine to be paid by all of the
Owners. Estimated expenses shall include the cost of maintenance and operation of the
Common Area, Common Area Improvements, cost of maintenance of the publicly owned
properties subject to a license and maintenance agreement as described in Section 5.1,
expenses of management, taxes and special assessments, unless separately assessed,
insurance premiums for insurance coverage as required herein or as deemed desirable or
necessary by the Board, landscaping, care of grounds, wages, legal and accounting fees,
management fees,expenses and liabilities incurred by the Board or Management Contractor
under or by reason of this Declaration, payment of any deficit remaining from a previous
assessment period,the creation of a reasonable contingency or other reserve or surplus fund
for the maintenance or replacement of those Common Area Improvements which must be
maintained or replaced on a periodic basis, as well as other costs and expenses relating to
the Common Area, Licensed Property, and the purposes and responsibilities of the Associ-
ation. The omission or failure of the Board to fix the assessments for any assessment period
shall not be deemed a waiver, modification, or release of the Owners from their obligation
to pay the same. The Board shall have the right, but not the obligation, to make pro-rata
refunds of any assessments in excess of the actual expenses incurred after the end of the
fiscal year.
6.2 Maximum Annual Assessment. Until January 1 of the year immediately
following the conveyance of the first Lot to an Owner other than Declarant or a Participating
Builder, the maximum annual assessment shall be Dollars ($ ) per
Lot per year.
6.2.1 From and after January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual assessment may be increased
by not more than ten percent (10%) by the Board of Directors of the Association without
a vote of the Members; provided, however, that at any regular meeting of the Association
or a special meeting called for this purpose, the maximum annual assessment may be
increased by more than ten percent (10%) by a vote of a majority of the Members.
Longs Peak CCRs 9-6-02.wpd 13
6.2.2 The Board of Directors may fix the annual assessment at an amount not
in excess of the maximum.
6.3 Initial Assessment. The Association shall not levy a Common Expense or
special assessment until at least fifty percent (50%) of the Lots are owned by Owners other
than Declarant or a Participating Builder. Declarant shall pay the expenses of the
Association until such time as the Association begins levying assessments against all of the
Lots.
6.4 Uniform Rate of Assessment. Both annual and special assessments must be fixed
at a uniform rate for all Lots, and may be collected on an annual or more frequent basis, as
determined by the Board of Directors. The assessment for each Lot shall be the amount of
estimated expenses determined by the Board under Sections 6.1 or 6.6 divided by the total
number of Lots in the Project at the time of such assessment, including any Lots owned by
Declarant or any Participating Builder.
6.5 Time For Payment of Assessments. Assessments shall be due and payable within
fifteen (15) days after written notice of the amount thereof shall have been mailed to the
registered mailing address of the respective Owner of a Lot. Each assessment shall bear
interest at the rate of twenty-one percent (21%) per annum from the date it becomes due
and payable if not paid within fifteen (15) days after such date, and there shall be a Twenty
Dollar ($20.00) late charge for each installment of assessment payment that is delinquent.
Failure of the Association to give timely notice of any assessment as provided herein shall
not affect the liability of the Owner of any Lot for such assessment, but the date when
payment shall become due in such case shall be deferred to a date fifteen (15) days after the
due date indicated in the properly sent notice. The Association may elect to have the annual
assessments paid monthly,or such other periodic basis deemed desirable by the Association;
and a default in the payment of any one installment of the annual assessment shall
additionally give the Association the right to accelerate the remaining amount of annual
assessment as immediately due and payable, as further referenced hereinafter.
6.6 Special Assessments For Capital Improvements. In addition to the annual
assessments authorized by this Article, the Board of Directors may levy in any assessment
year a special assessment payable over such a period as the Association may determine, for
the purpose of defraying, in whole or in pan, the cost of any construction or reconstruction,
unexpected repair or replacement of the Project or any part thereof, or for any other
expense or purchase incurred or to be incurred as provided in this Declaration. This Section
shall not be construed as an independent source of authority for the Association to incur
expense,but shall be construed to prescribe the manner of assessing the expense authorized
by other Sections hereof which shall make specific references to this Article or as set forth
in the preceding sentence. Any amounts assessed pursuant hereto shall be assessed to
Longs Peak CCRs 9{r02.wpo 14
Owners at a uniform rate. Notice in writing of the amount of such special assessments and
the time for payment thereof shall be given promptly to the Owners and no payment shall
be due less than thirty (30) days after such notice shall have been mailed to the registered
mailing address of the respective Owner. A special assessment shall bear interest at the rate
of twenty-one percent (21%) per annum from the date it becomes due and payable, if not
paid within thirty (30) days after such date, and there shall be a reasonable late charge as
set by the Board of Directors.
6.7 Budget Ratification.
6.7.1 At least ninety (90) days prior to levying any annual or special assessment, the
Board of Directors shall adopt a proposed budget of the estimated cash requirements for that
assessment. Within thirty (30) days after that proposed budget is adopted, the Secretary
of the Association (on behalf of the Board of Directors) shall cause to be delivered to each
Owner at his or its registered address, by regular United States mail, first-class postage
prepaid, the following: (i) a summary of the proposed budget, (ii) a statement of the
amount of the assessment per Lot and the number and amount of any installments thereof,
and (iii) a notice of a meeting of the Association which shall specify (a) that the purpose or
one of the purposes of the meeting is to allow the Owners to vote on the proposed budget,
and (b) the date, place and time of the meeting. The meeting shall be held not less than
fourteen (14) nor more than sixty (60) days after the date on which the notice is mailed to
the Owners.
6.7.2 At the meeting held pursuant to this Section 6.7, the proposed budget shall be
submitted to the Owners for approval. Unless sixty-seven percent (67%) of the Owners
(regardless of whether a quorum is present) affirmatively vote against approving the
proposed budget in person or by proxy, the proposed budget shall be deemed ratified by the
Association. In the event a proposed budget is not ratified, the most recent periodic budget
in effect shall continue until the Owners ratify a subsequent budget proposed by the Board
of Directors. If the proposed budget is not ratified, the Board of Directors shall propose a
subsequent budget within fifteen (15) days after the date of the meeting and submit that
proposed budget for ratification by the Owners in the manner set forth above for the
originally proposed budget.
6.8 Assessment Lien.
6.8.1 All sums assessed but unpaid for the share of Common Expenses or
special assessments chargeable to any Lot, including any fees, late charges, fines, interest,
costs or attorneys' fees, shall constitute a lien on such Lot superior to all other liens and
encumbrances except (a) tax and special assessment liens on the Lot in favor of a taxing
authority and (b) all sums unpaid on a First Mortgage of record, including all unpaid
Longs Peak CCRs 9-6-02 wpd 15
obligatory sums as may be provided by such encumbrance. Notwithstanding anything in
the preceding sentence, the lien provided by this Article VI shall be prior and superior a First
Mortgage with respect to annual assessments for Common Expenses in an amount equal to
the Common Expense assessment based on a periodic budget adopted in accordance with
Section 6.7, which would have become due in the absence of any acceleration, during the
six (6) months immediately preceding institution by either the Association or any person
holding a lien senior to any part of the Association lien of an action or a nonjudicial
foreclosure either to enforce the lien or extinguish the lien. To evidence the lien as herein
permitted, the Board of Directors may, but shall not be required to, prepare a written notice
setting forth the amount of such unpaid indebtedness, the amount of accrued penalty
thereon, the name of the Owner, and a description of the Lot and record the same in the
records of the Office of the Clerk and Recorder of Weld County, Colorado. Such lien for
assessment shall attach from the due date of the assessment. The lien may be enforced by
foreclosure of the defaulting Owner's Lot by the Association in the manner for foreclosing
a mortgage on real property. In the event of any such foreclosure, the Owner shall be liable
for the amount of unpaid assessments, any interest and penalties thereon, the costs and
expense of such proceedings, the costs and expense for filing the notice of the lien, and all
reasonable attorneys' fees in connection therewith.
6.8.2 The Association shall have the power to bid on a Lot at foreclosure sale
and to acquire and hold, lease, mortgage and convey the same. Any Mortgagee holding a
Mortgage on a Lot may pay any unpaid assessment payable with respect to such Lot and any
and all costs and expenses with respect thereto, and the lien on such Lot for the amounts
paid shall have the same priority as the lien of the Mortgage. Except as otherwise provided
in Section 6.8.1 above, the lien for assessments referred to herein shall be at all times
subordinate to the lien of any First Mortgage held by a First Mortgagee. By accepting a deed
to a Lot, each Owner shall thereby waive and release any and all rights and claims said
Owner may have in and to the Lot as a homestead exemption or any other exemption.
6.9 Personal Obligation. The amount of any assessment chargeable against any Lot
shall be a personal and individual debt of the Owner thereof. No owner may become
exempt from liability for the assessment by abandonment or waiver of the use or enjoyment
of any of the Common Area or Common Area Improvements. The Association may bring
suit to recover a money judgment for unpaid Common Expenses plus interest, expenses and
costs of collection, including attorney fees, without foreclosing or waiving the assessment
lien provided herein.
6.10 Notice to First Mortgagee. If requested in writing, the Association shall report
to the First Mortgagee of a Lot any default hereunder or unpaid assessments remaining in
default or unpaid or uncured for longer than sixty (60) days.
Longs Peak CCRs 9-6-02 woe 16
6.11 Statement of Status of Assessment Payment. Upon payment of a reasonable
fee of not less than Twenty-Five Dollars ($25.00) (except for First Mortgagees who shall be
exempt from such fee) and upon the written request of any Owner, Mortgagee, or designee
of an Owner or Mortgagee, delivered to the Association by certified mail, first-class postage
prepaid, return receipt requested, the Association shall issue a written statement setting
forth the amount of the unpaid assessments, if any, with respect to such Lots, which shall
be delivered to the inquiring party by certified mail, first-class postage prepaid, return
receipt requested to the inquiring party at his or its address set forth in such request. Unless
such request shall be complied with within fourteen (14) days after receipt of that request
by the Association, and if the request was properly addressed and sent by certified mail,
first-class postage prepaid, return receipt requested, then all unpaid assessments which
became due prior to the date of making such request shall be subordinate to the lien of a
Mortgagee which acquired its interest subsequent to requesting such statement. If the
request is made by a prospective purchaser, the lien for the unpaid assessment shall be
released automatically if the statement is not furnished within the fourteen (14) day period
herein; provided thereafter, an additional written request is made by such purchaser, and
the submission of the additional request is properly addressed and evidenced by a certified
mail receipt and the request is not complied with within ten (10) days and the purchaser
subsequently acquires the Lot.
6.12 Personal Liability of Purchaser For Assessments. A purchaser of a Lot shall not
be personally liable for unpaid assessments against the Lot up to the time of conveyance to
the purchaser.
6.13 Working Capital and Assessment Reserves.
6.13.1 Each Owner originally purchasing a Lot from Declarant shall be
required to deposit and maintain continuously with the Association an amount equal to one-
fourth (1/4), i.e., one calendar quarter, of the amount of the first annual Common Expense
assessment, such reserve amount to be held without interest accruing to the Owner,which
sum shall be used by the Association or Management Contractor as a working capital fund.
This amount may be recovered by a seller from a purchaser at the time of resale. After the
expiration of the Declarant Control Period, in the event the Board decides there is and will
be sufficient working capital without this fund, and the reserve for repair and replacement
of the Common Area is equal to or greater than the amount of the working capital fund,
then this amount may be returned to each current Owner. Such advance payment shall not
relieve an Owner from making the regular monthly installment payment of the annual
Common Expense assessment as the same becomes due, nor shall the Association be
required to deduct from such advance payment sums due for Common Expense assessments
by an Owner prior to instituting any proceedings against the Owner for delinquent Common
Expense assessments.
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Longs Peak CCRs 96-02.wpd 17
6.13.2 The Association shall establish an adequate reserve fund for the
maintenance, repair and replacement of the Common Area and Common Area
Improvements maintained by the Association. This reserve fund shall be maintained
through regular installments of Common Expense assessments.
6.14 First Mortgagee--Foreclosure--Liability for Unpaid Assessments. Each First
Mortgagee of a Lot within the Project who obtains title to the Lot pursuant to the remedies
provided in the Mortgage or foreclosure of the Mortgage, or any purchaser at foreclosure
sale, will take the Lot free of any claims for unpaid assessments and charges against the Lot
which accrue prior to six (6) months before the time such First Mortgagee or purchaser at
foreclosure sale obtains title to the Lot,but shall not relieve the First Mortgagee or purchaser
from liability for, or lien from, any assessments made thereafter. Any unpaid assessment,
which was rendered uncollectible by the effect of this Section, may be reallocated and
assessed to all Lots as a Common Expense.
6.15 Association's Right of Acceleration Upon Default. In addition to the other
remedies provided for the Association upon the default of an Owner in the payment of an
annual assessment, special assessment, or any installment thereof, and in the event an
Owner shall default in the payment of any installment of an annual or special assessment,
then the Association shall have the right to declare immediately due and owing the total
amount of such annual or special assessment as remains outstanding at the time of such
installment default. This right of acceleration in the event of installment default shall apply
whether the Association pursues the obligation personally against the Owner or through
foreclosure of the Owner's Lot, as provided above.
VII. RESTRICTIVE COVENANTS AND OBLIGATIONS
7.1 Residential. The Lots are hereby restricted to residential use and uses related
to the convenience and enjoyment of such residential use. No buildings or structures shall
be moved from other locations onto the Lots or Common Area; no Common Area or Lot
Improvements other than those originally planned or installed by Declarant shall be erected
or constructed on the Common Area or upon any Lot unless approved by the Architectural
Review Committee or its designated representative. No more than two (2) detached
garages, barns, or other out-buildings shall be used or permitted to be kept or stored on any
portion of a Lot, either temporarily or permanently, unless approved by the Architectural
Review Committee. Any such buildings shall be located within applicable setbacks and shall
be constructed of the same materials and have the exterior colors compatible with the
Residence, and shall be subject to approval by the Architectural Review Committee.
Longs Peak CCRs 9-6-02.wpd 18
7.2 Compliance With Law. No improper or unlawful use shall be permitted or made
of the Properties or any part thereof. All valid laws, ordinances, and regulations of all
governmental bodies having jurisdiction over the Project shall be observed.
7.3 Rules and Regulations. The Board of Directors may adopt Rules and Regulations
concerning and governing the use of the Common Area and Common Area Improvements,
provided such Rules and Regulations shall be furnished to Owners prior to the time they are
adopted and that Owners be notified as provided in the By-Laws of the Association that the
Board of Directors will consider adoption of the Rules and Regulations so that Owners will
have an opportunity to be heard or furnish input regarding the adoption and so that such
Rules and Regulations shall be uniform and nondiscriminatory. After adoption, a copy of
such Rules and Regulations shall be provided to all Owners. The Association may also adopt
a fine system to impose monetary penalties for such infractions, or take judicial action
against any Owner to enforce compliance with such Rules,Regulations,or other obligations,
including injunctive relief or to obtain damages for noncompliance, all to the extent
permitted by law. The Board of Directors may adopt and publish a fine schedule which shall
list fines which shall be imposed for violations of this Declaration, the Association By-Laws,
Articles of Incorporation, and any Rules and Regulations.
7.4 Business Activities. No business, trade or similar activity (other than a garage
sale conducted in accordance with Section 7.7.10) shall be conducted on or from any Lot
without the prior written consent of the Committee, unless and only so long as (i) the
existence or operation of the business activity is not apparent or observable from outside the
Lot; (ii) the activity conforms to all zoning requirements for the Project; (iii) the activity
does not involve regular visits to the Lot by customers, patients, clients, suppliers or other
business invitees or door-to-door solicitation of residents of the Project; and (iv) the activity
is consistent with the residential character of the Project and does not constitute a nuisance,
a hazardous or offensive use, or a threat to the safety or security of the other residents of
the Project, which may be determined in the sole discretion of the Committee. The terms
"business" and "trade," as used in this Section, shall have their ordinary and generally
accepted meanings and shall include, without limitation, any occupation, work or activity
undertaken on an ongoing basis which involves the provision of goods or services to persons
other than the provider's family and for which the provider receives a fee, compensation or
other form of consideration, regardless of whether such activity is engaged in full or part
time, such activity is intended to or does generate a profit or a license is required.
7.5 Setbacks. No portion of any Residence, garage, barn, or other building shall be
located outside any applicable setback described in the Plat or other document approved by
the applicable authorities in Weld County, Colorado.
Longs Peak CCRs 9-6-02.wpd 19
7.6 Miscellaneous Use Restrictions.
7.6.1 Fences and Walls. No fences, hedges or walls shall be erected or
maintained upon the Lots,except such as may be approved by the Association's Architectural
Review Committee or its designated representatives, nor may such fences, hedges, or walls
which shall be installed be removed, transferred, or altered in any manner, except as
approved by the Architectural Review Committee or its designated representative. The
Architectural Review Committee may prohibit any fence which impairs the line of sight from
any driveway to adjoining roadway. No fences shall be installed which block or impede
established drainage ways. In reviewing any proposed construction of fences, the
Architectural Review Committee shall apply the covenants and restrictions set forth in this
Declaration or any Supplementary Declaration, any additional Design Guidelines
promulgated by the Architectural Review Committee for the Project and the reasonable
discretion of the Architectural Review Committee.
7.6.2 Antennas. Unless otherwise permitted by law, except for any which
may,at Declarant's option,be erected by Declarant's designated representative,to the extent
permitted by law, no exterior radio or television antenna, aerial, satellite dish, or other type
of radio or television receiving system larger than twenty-four inches (24") in diameter shall
be erected or maintained without the prior written approval of the Architectural Review
Committee.
7.6.3 Repair of Buildings. No Improvement upon any Lot shall be permitted
to fall into disrepair, and each such Improvement shall at all times be kept in good condition
and repair and adequately painted or otherwise finished by the Owner before the surfacing
becomes weatherbeaten or worn off; provided, however, that the Architectural Review
Committee may allow any Buildings it determines to have historical significance to remain
on the Project without rehabilitation or repair. All fences within the Property visible from
any Common Area or public right-of-way shall be stained if constructed of wood and painted
if constructed of metal. Materials which are customarily left unfinished are permitted so
long as in the opinion of the Architectural Review Committee they have not become
unsightly.
7.6.4 Reconstruction of Buildings. Any Improvement which may be destroyed
in whole or in part by fire, hail, windstorm or any other cause or act of God, shall be rebuilt
or all debris removed so as not to render any such property or any portion thereof, in the
opinion of the Board, unsanitary, unsightly, offensive or detrimental to any other property
or to its occupants.
7.6.5 Residences.
Longs Peak CCRs 9-6-02.wpd 20
7.6.5.1 All Residences shall be constructed according to plans approved
by the Architectural Review Committee pursuant to Section 8.4. All one-story Residences
shall contain at least ( ) square feet of living space, exclusive of
basements, attics and garages, and all two-story Residences shall contain at least
( ) square feet of living space,exclusive of basements,attics
and garages. A split-level Residence shall be considered as having two stories for purposes
of this Section.
7.6.5.2 All building permits issued on the Lots shall be required to
adhere to the fee structure of the Southwest Weld Service Area Road Impact Program.
7.6.6 Soils; Septic Systems.
7.6.6.1 The Colorado Geologic Survey and the Weld County
Department of Public Health and Environment have indicated that there are several
concerns pertaining to soil conditions and a high water table. The result of geological
studies generated recommended building envelopes for each Lot approved by the Colorado
Geologic Survey. The Weld County Department of Building Inspection will require an
engineered foundation for each residential structure and possibly accessory structures. A
soils report will need to be submitted when building permits are applied for with the Weld
County Department of Building Inspection. A Geological Hazard Permit will be required for
all new structures prior to the issuance of a building permit. For more information, Owners
should refer to Change of Zone #543 at the office of the Clerk to the Board of County of
Commissions of Weld County, Colorado.
7.6.6.2 A Weld County Septic Permit is required for each proposed
home septic system and shall be installed according to the Weld County Individual Sewage
Disposal System Regulations. Each septic system shall be designed for site-specific
conditions including but not limited to maximum seasonal high groundwater,poor soils and
shallow bedrock. Primary and secondary septic system envelopes have been or will be
designated on each Lot. Each envelope must meet minimum current setbacks as specified
in the Weld County Individual Sewage Disposal System Regulations. THE SECONDARY
ABSORPTION FIELD ENVELOPE MUST BE PRESERVED AND PROTECTED BY THE OWNER
OF THE LOT. WELD COUNTY PROHIBITS ACTIVITIES SUCH AS LANDSCAPING (I.E.,
PLANTING OF TREES AND SHRUBS) AND CONSTRUCTION (I.E., AUXILLIARY
STRUCTURES, DIRT MOUNDS, ETC.) IN THE DESIGNATED ABSORPTION FIELD SITE.
7.6.7 Nuisances. No noise or other nuisance shall be permitted to exist or
operate upon any Lot so as to be, in the opinion of the Board, offensive or detrimental to
any other property or its occupants. Without limiting the generality of any of the foregoing
provisions, no exterior speakers, horns, whistles, bells or other sound devices (other than
Longs Peak CCRs 0 6 02.wpd 21
security devices used exclusively for security purposes) shall be located, used or placed on
any Lot without the prior written approval of the Board. No rubbish or debris of any kind
shall be placed or permitted to accumulate upon any Lot and no odors shall be permitted
to arise therefrom so as to render any such property or any portion thereof, in the opinion
of the Board, unsanitary, unsightly, offensive or detrimental to any other property or to its
occupants.
7.6.8 Unsightly Ankles. No unsightly article shall be permitted to remain on
any Lot so as to be visible from adjoining property or public or private thoroughfares.
Without limiting the generality of the foregoing,trailers,mobile homes,recreation vehicles,
graders, trucks (other than pickups used solely for the private and non-business use of the
residents of a Residence), boats, tractors, campers, wagons, buses, sleighs, motorcycles,
motor scooters, snowmobiles, snow removal equipment, garden and maintenance
equipment, and all commercial and business vehicles shall be kept at all times, except when
in actual use, in an approved garage or out-building. No lumber, grass, plant waste, shrub
or tree clippings, metals, building materials or scrap shall be kept, stored or allowed to
accumulate on any property.
7.6.9 Signs and Flags. No sign or flag or any kind shall be displayed to the
public view on any Lot; provided, however, that signs and flags of reasonable size not to
exceed twenty (20) square feet may be displayed on or from a Residence. Any signs shall
be solely for advertising the Residence for sale or lease or indicating that the Residence has
been "sold" for a period of two weeks after closing. Signs and flags used for sale,
administration and directional purposes by Declarant during development of Longs Peak
Estates will be permitted.
7.6.10 Single-Family Use Only. No Lot and no Residence on any Lot shall be
used for any purpose other than for one single-family Residence and incidental uses
attendant to such use, including the uses permitted by this Declaration. However, nothing
in this Declaration shall prevent an Owner from constructing a guest house, barn or other
out building approved by the Committee,or prevent the rental of a Lot by the Owner thereof
for residential purposes. No commune, co-operative or similar type living arrangement
shall be permitted on any Lot.
7.6.11 Hazardous Activities. No activities shall be conducted on any Lot,
Common Area or Licensed Property and no Improvements constructed on any Lot, Common
Area, or Licensed Property which are or might be unsafe or hazardous to any person or
property. Without limiting the generality of the foregoing, no firearms shall be discharged
upon any Lot and no open fires shall be lighted or permitted on any Lot, except in a
contained barbecue unit while attended and in use for cooking purposes or within a safe and
well-designed fireplace.
r
Longs Peak CCRs 9E-02.wpd 22
7.6.12 Garage Sales. No garage, patio, porch or lawn sale shall be held on
any Lot, except that the Owner of any Lot may conduct such sale if the items sold are only
his own furniture and furnishings, not acquired for purposes of resale; if such sale is held
at such time and in such manner as not to disturb any other resident of the area; and if such
sale is held in full compliance with all applicable governmental ordinances, statutes,
resolutions, rules and regulations, on an infrequent, occasional basis.
7.6.13 New Construction. Unless otherwise approved by the Committee, all
Residences constructed on any Lot after the recording of this Declaration shall be new and
no existing Residence shall be moved onto any Lot. No other Building may be moved onto
a Lot without the prior written approval of the Architectural Review Committee.
7.6.14 Storage of Building Materials. No building materials shall be stored
on any Lot except temporarily during continuous construction of an Improvement or its
approved alteration or improvement.
7.6.15 Temporary Structures. No trailer,mobile home, tent or shack or other
temporary building, improvement or structure shall be placed upon any property, except
that temporary structures necessary for storage of tools and equipment and for office space
for salespersons, architects, builders and foremen during actual construction may be
maintained by Declarant, or by an Owner with the prior approval of Architectural Review
Committee, such approval to include the nature, size and location of such structure.
7.6.16 Farmin . No Lot shall be used for farming and no fruits, vegetables,
or crops shall be cultivated or grown on a Lot, except in a vegetable garden for the Owner's
personal domestic consumption; provided, however, that an Owner may harvest or cut hay
grown on a Lot for the Owner's personal use. / NSE �zvt ^Uyc
7.6.17 Livestock. Poultry, and Pets. L a ' als or pets o r than horse and
domestic dogs, ca er e o d pe all be allow on the Pro . No
Own all keep re than thre ) domesti ed pets on roject at an given ti .
icing or ke ng livestock ch as cows, eep, goats, p try, and the ' e is pro ited
without e prior expres 'tten cons of the Co ttee. If such sent is yen, th
O shall strictly ere to the d and num of animals e 'tted All Lots upon
which any animals are kept shall be maintained properly, and no Owner shall allow the
animals on his Lot to become a nuisance or to be observable by adjacent properties in such
a manner as to be a detriment to the Project or the properties. No Owner shall allow any
animals to overgraze any portion of any Lot. No Owner shall keep more than two (2) horses
. No Owner may pasture or graze any livestock on any
`via uac r a
portion of the Common Area (whether or not such Common Area is within such Owner's
Lot) without the prior express written consent of the Board of Directors,which consent may
Longs Peak CCRs 96-02.wpd 23
I
Julie Chester
August 23, 2000
/"' Page 3
4 Proposed Changes
4 We intend to offer a reduced number of lots for Longs Peak Estates as a result of and the feedback
from the neighboring landowners. In order to provide a development that best suites the area, the
local land use, and meets the desires of the neighbors, we intend to reduce the proposed number of
lots in the development by almost 50%, offering 7 lots instead of the originally proposed 13 lots.
This reduction will occur through the combination of lots, keeping the original design of the
development intact so that this will be considered a minor change.
The reduction of lots will provide for a bulk density reduction for the 32-acre site from 2.5
acres/unit to 4.6 acres/unit. The configuration will have the northern 6 lots reduced to 2 lots, and
the southern 7 lots reduced to 5 lots. This reduction in lots will satisfy the immediate concerns
regarding the identified issues at this time, with flexibility to fully address each concern during
4 final design and platting. We also propose to break the continuous road into two individual cul-de-
sacs to address traffic flow concerns. These minor changes have received the support of the
neighboring landowners.
We will promote the use of the land for animals through specific language in the homeowner's
covenant, and inform the new owners of the country, agricultural nature of the area through the
inclusion of the right to farm covenant already appearing on the Conceptual Change of Zone Plat.
The right to farm covenant will also be included in the homeowner's covenant. The text of the
language to promote the lifestyle in the homeowner's covenant appears below:
Intent Statement
4 The intent of the proposed Longs Peak Estates PUD is to provide an opportunity for a rural
I residential lifestyle in an area that is experiencing strong development pressure. The seven
/ large single family lots will permit a variety of livestock, domestic and exotic animals
including horses, sheep, llamas, goats, swine, chickens, etc. the number of which is
controlled by the limits established in this PUD.
1 Buyers of these lots need to be aware of the unique lifestyle that exists in the area, which
includes working farms and ranches, dairy production, a wide variety of livestock, domestic
1 animals and show animals that range from pets to agricultural production. This is the
predominant lifestyle for the neighborhood and it is anticipated that the residents of Longs
Peak Estates will be integrated into the rural fabric of the area.
The proposed PUD limitggrgiiRaLtinits are the Weld County agricultural zone district
requirements, appearing m AttachmeritX Using these limits will allow the new lots to have the
option to raise animals that best matches the neighboring land uses.
Longs Peak Estates— Case Z-543
a
I ANIMAL UNIT: A term and number used to establish an equivalency for various species
of LIVESTOCK. The number of LIVESTOCK allowed by right is dependent upon bulk
requirements of the Agricultural, Estate, or R-1 (Low-Density Residential)zone districts.
LIVESTOCK in excess of the bulk requirements for the Agricultural zone district shall
Irequire a Use by Special Review permit for a LIVESTOCK CONFINEMENT OPERATION.
All LIVESTOCK shall have the following ANIMAL UNIT equivalents and bulk
requirements:
IIN THE (A)AGRICULTURAL ZONE DISTRICT
Maximum
IllAnimal Unit Number of Number
Equivalents Animals per Acre
I Cattle 1 1 4
Bison 1 1 4
Mule 1 1 4
Burro 1 1 4
II Llama 1 1 4
Ostrich 1 1 4
Elk 1 1 4
II Horse 1 1 4
Swine 2 5 20
Sheep .1 10 40
Goat .1 10 40
Ill Poultry .02 50 200
Rabbit 02 50 200
I
I
I
I
I
I
1
1^-
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I
be granted or withheld in the sole discretion of the Board of Directors. The Owner shall
maintain a clean, safe and healthy environment for all animals kept on the Owner's Lot.
Every pet or other animal shall be strictly controlled and no animal or pet shall be allowed
to make or cause disturbing noises or odors or otherwise constitute a nuisance to any other
Owner. Each Owner shall be responsible for any pet or animal kept on that Owner's Lot.
The Board of Directors may adopt rules and regulations with regard to household pets and
other animals kept on an Owner's Lot, including but not limited to regulations limiting the
size and type of such pets or animals.
7.6.18 Roofin . In single-family residential areas, all roofs shall be covered
high quality materials that are specifically approved by the Committee. No cedar "shake"
or equivalent type of wood shingles or roofing materials shall be installed on any roof in the
Project without the prior express written consent of the Committee and the fire protection
authority having jurisdiction over the Property.
7.6.19 Colors. All exterior painting or staining shall be of colors in harmony
with the other existing homes in the Project or of colors similar to those originally employed
in the Project. In general, only those areas that were stained originally shall be restained;
unpainted surfaces and unstained areas, such as brick or stone, shall not be painted or
stained unless specifically approved by the Committee.
7.6.20 Solar Panels. Any solar panels and related appurtenances and
equipment, whether included in the original construction or added at a later date, shall be
designed and constructed so as to appear as an integrated part of the building architecture.
This shall generally mean that the panels shall be roof-mounted so that the top surface is
flush with the roof surface,with all appurtenances recessed into the structure's attic. When
solar orientation prohibits this approach, the roof shall be altered so that the panels appear
to be "built-in", i.e., shall not be visible. If panels are ground or wall mounted, they shall
be integrated into the structure using compatible materials so that the panels appear as a
natural extension of the house.
7.6.21 Garages. All single family detached Residences within Longs Peak
Estates shall have garages with the capacity for at least two (2) cars. No garages (or
combination of garages or covered parking areas) shall have the capacity for more than four
(4) cars without the prior written approval of the Architectural Review Committee.
7.6.22 Swimming Pools/Hot Tubs. Any swimming pools, spas, hot tubs,
Jacuzzis and the like shall be screened from view of adjacent Lots and rights of way, by
screening materials and methods approved by the Committee.
Longs Peak CCRs 9-6-02.wpd 24
7.6.23 Mechanical Equipment/Utilities. Except for above ground utilities
which may be installed by Declarant, all utilities shall be installed underground. Each
Owner shall obtain the prior written approval of the Committee before making any
connections to utilities installed in the Common Area or installing any utilities on, in or
under any Lot. On-grade utility appurtenances, such as electrical transformers, utility
meters, etc., shall be screened using approved means. Mechanical equipment, such as air
conditions, heating equipment, etc., shall be installed as an integral part of the architecture
whenever possible. Under no circumstances shall these items be roof mounted or located
in such a way that they are visible from neighboring properties or roads within the Project.
7.6.24 Dog Houses/Runs. Dog houses, shelters, and runs shall be completely
screened from the view of adjacent public or private properties and streets,and shall be built
from materials compatible with the Residence.
7.6.25 Exterior Lighting. Exterior lighting shall not be directed in such a
manner as to create an annoyance to adjoining properties. High wattage area lighting
("yard lights") are prohibited. Illumination of roofs or features on roofs is prohibited.
7.6.26 Driveways. Any modification to a driveway shall be approved by the
Committee. In no case shall the width of the driveway at the junction of the roadway
exceed feet (_') without the prior written consent of the Committee.
7.6.27 Retaining Walls. Any retaining walls shall be approved by the
Committee. The applicant is encouraged to use materials that are compatible with the
building construction (wood painted or stained to match the house, brick or stone to match
the house, etc.). Retaining walls which divert water onto other properties or otherwise
substantially alter existing drainage patterns are prohibited.
7.6.28 Site Grading. Any change to site grading shall be approved by the
Committee. No new grading shall divert water onto other properties or otherwise
substantially alter existing drainage patterns.
7.8 Failure to Maintain. In the event that the Owner of a Lot shall fail to maintain
the Lot and Improvements thereon in a manner consistent with the requirements of this
Declaration or any Supplementary Declaration, the Architectural Review Committee or the
Association, its agents, or employees,shall have the right, in addition to any other remedies,
to enter upon that Lot and to repair, maintain, and restore the Lot, the exterior of the
Residence, and any other improvements on the Lot in the manner contemplated by this
Declaration and any Supplementary Declaration. The cost of such maintenance, repair, and
restoration shall be the responsibility of the Owner and shall be added to and become a part
of the annual assessments applicable to that Lot.
Longs Peak CCRs 9-6-02.wpd 25
VIII. ARCHITECTURAL CONTROL COMMITTEE
8.1 Membership.
8.1.1 The Board of Directors may appoint an Architectural Review Committee
(the"Committee") which may be composed of three (3) or more members. In the event no
such appointment is made, then the Board of Directors shall constitute the Architectural
Review Committee and shall have all of the duties and responsibilities of said Committee
as set forth herein.
8.1.2 In the event of death, disability, or resignation of any member of the
Committee, the Board of Directors shall have authority to designate a successor or
successors.
8.1.3 An affidavit executed by a majority of the members of the Committee,
and maintained in the records of the Association shall be sufficient evidence of the
membership and of the other recitals therein contained.
8.2 Evidence of Action. The Committee's approval or disapproval as required in this
Declaration shall be in writing, as indicated by the signatures of a majority of the Committee
or its designated representative. The Committee shall not be required to maintain records
of plans submitted. Approval by the Committee shall be conclusive evidence of compliance
with this Declaration,provided that Improvements are constructed in substantial compliance
with the plans as approved. The Committee shall exercise reasonable efforts to approve or
disapprove plans submitted to it within forty-five (45) days after submission. In the event
the Committee fails to approve a proposal within sixty (60) days after plans and
specifications have been submitted to it by hand delivery against a written receipt or by
mailing,certified mail,first-class postage prepaid,return receipt requested to the Committee
at the address designated by the Association, the request shall be deemed DISAPPROVED
by the Committee. If no suit to enjoin the proposed construction has been commenced
within one (1) year after the proposed construction has begun and became apparent,
approval by the Committee will not be required, and the covenants in this Article shall be
deemed to have been complied with fully.
8.3 Duties. The Committee shall act upon and approve or disapprove any and all
matters to be submitted to the Conunittee pursuant to any of the provisions of this
Declaration and shall have all duties and powers as are hereinafter provided and set forth.
Neither the members of the Committee nor its designated representative shall be entitled
to any compensation for services performed,nor shall the Committee or any member thereof
r
Longs Peak CCRs 9-6-02.wpd 26
be liable, in any manner, for any action or failure of action done in good faith arising out
of their service on the Committee.
8.4 Approval of Plans.
8.4.1 All plans and specifications in connection with the construction (which
is commenced on or after the effective date of this Declaration) of any Residence, fence,
swimming pool, ancillary structure, exterior lighting, machinery, solar panel or installation,
deck, patio, patio enclosure, wall, driveway, out-building, or other structure, and in
connection with any exterior maintenance and remodeling of any Residence or other
structure, including,but not limited to, changing the initial color or exterior materials of the
Residence, or any other Lot Improvements or appurtenances, such as mailboxes, or any
alteration of any of the above described improvements to a Lot shall be submitted to the
Committee for its prior written approval.
8.4.2 Before any construction or alteration begins, plans and specifications
showing the nature, kind, shape, height, materials, and location, the exterior design the
exterior materials to be used, the color scheme, the site plan, a topographic survey, the
location of the driveway and sidewalks and plans for the proper landscaping and drainage
of the Lot with respect to adjacent Lots must be submitted to the Committee for its prior
written approval.
8.4.3 In passing upon such plans, specifications and other requirements, the
Committee may take into consideration whether the proposed Residence or other structure
or alteration and the materials of which it is to be built are reasonable and suitable for the
Lot upon which the Residence or other structure or alteration is to be erected, the harmony
thereof with the surroundings, and the effect of the Residence or other structure or
alteration as planned on the outlook from and/or property values of adjacent or neighboring
property. The Committee shall, in the exercise of its judgment and determination, use
reason and good faith.
8.4.4 No Residence or other Improvement of any kind, including, but not
limited to, those specifically described in this Article VIII, which has not received such prior
written approval by the Committee and which does not fully comply with such approved
plans and specifications, shall be erected, constructed, placed, or maintained upon any Lot.
No changes or deviations in and from such plans and specifications as so approved shall be
made without the prior written consent of the Committee. The Committee shall not be
responsible for any structural defects in such plans or specifications or in any building or
structure erected according to such plans and specifications.
Longs Peak CCRs 9-6-02.wpd 27
8.4.5 In passing upon such plans,specifications, and other requirements, the
Committee shall apply the pertinent requirements and considerations set forth in the
covenants and restrictions set forth in this Declaration or any Supplementary Declaration
or any additional Design Guidelines promulgated by the Architectural Review Committee
for the Project, and the reasonable discretion of the Architectural Review Committee.
8.4.6 The Architectural Review Committee shall have the authority, but not
the obligation, to promulgate, modify and amend Design Guidelines to serve as a general
guideline for architectural review and approval of plans and specifications for
Improvements. The Design Guidelines so adopted shall be effective on all Improvements not
approved by the Architectural Review Committee prior to the adoption of the Design
Guidelines.
8.5 Reserved Right of Declarant. Notwithstanding the above provisions, and until
Declarant has conveyed its last Lot to a purchaser, Declarant shall have the right, and said
right is hereby specifically reserved unto Declarant, to appoint the members of such
Architectural Review Committee and to fill any vacancies therein created. (This Section
supersedes the authority granted in Section 8.1 above.)
8.6 Binding Agreement to Pay Legal Costs. In the event that an Owner shall dispute
the determination of the Architectural Review Committee and file a lawsuit to overrule,
vacate or otherwise mitigate the effect of any determination of the Committee, or if an
Owner fails to submit for approval any action as required by Section 8.4 and the Committee
or any Owner, the Architectural Review Committee, or the Association brings an action to
enforce these provisions; then the Owner and the Association are hereby bound to the
agreement that any and all costs, including reasonable attorneys fees, associated with the
institution and defense of such a suit, shall, to the extent permitted by a court of competent
jurisdiction, be paid to the prevailing party by the losing party.
8.7 Variance. The Architectural Review Committee may grant reasonable variances
or adjustments from any conditions or restrictions imposed by this Declaration. A variance
or adjustment shall only be granted if it is not material, detrimental or injurious to the other
property and Improvements in the Project, and shall not defeat the general intent and
purpose of this Declaration. Any variance granted by the Architectural Review Committee
shall not affect or negate the requirements of any other applicable authorities.
8.8 Minor Violations of Setback Requirements. Upon erection of any Residence upon
any Lot which is subject to these restrictions, if it is disclosed by survey that a minor
violation and infringement of setback lines has occurred, such violation and infringement
shall be deemed waived by the Owners of the Lots immediately adjoining the Lot upon
which the violation and infringement occurs, and such waivers shall be binding upon all
Longs Peak CCRs 9 6 02.wpd 28
other Owners who are subject to this Declaration. Nothing herein contained shall prevent
the maintenance of suit for any other violation of the restrictions contained in this
Declaration. A"minor violation" for the purpose of this Section is a violation of not more
than thirty inches (30") beyond required setback lines or Lot lines. This provision shall only
apply to the original structures and shall not be applicable to any alterations or repairs to
such structures.
8.9 Fees. Neither the Association nor the Architectural Review Committee shall
charge any fees for review or approval of plans or contractors.
8.10 No review. The following types of changes, additions, or alterations do not
require the approval of the Architectural Review Committee. Although exempt from
Committee review, all work must proceed in accord with all applicable law, codes, and
regulations, and the provisions of this Declaration:
8.10.1 Addition of plants to a property in accordance with a previously
approved landscape plan.
8.10.2 Modifications to the interior of a Residence when those modifications
do not unduly affect the outside appearance of the structure.
8.10.3 Repainting or restaining of the exterior of the Residence in original
color.
8.10.4 Repairs to a structure in accordance with previously approved plans
and specifications.
8.10.5 Reroofing with roofing materials of the same quality (or better) and
color as original materials.
8.10.6 Seasonal decorations if removed promptly (within fifteen (15) days
following the holiday).
IX. INSURANCE
9.1 Comprehensive General Liability and Property Insurance.Comprehensive general
liability and property damage insurance shall be purchased by the Board of Directors and
shall be maintained in force at all times, the premiums thereon to be paid by the Association
as a Common Expense. If Declarant pays the premium,it shall be entitled to reimbursement
from the Association. The insurance shall be carried with reputable companies authorized
to do business in the State of Colorado, in such amounts as the Board may determine; the
Longs Peak CCRs 9-6-02.wpd 29
insurance carrier should have a current rating by Best's Insurance Reports of VI or better,
or a financial rating of Class VI and a general policyholder's rating of at least A. If the
insurer does not meet this rating requirement, the insurer must be reinsured by a company
that does have a current rating by Best's Insurance Reports of VI or better.
9.1.1 A comprehensive policy of general liability insurance shall be in force
for a minimum amount of One Million Dollars ($1,000,000.00) per occurrence, covering all
claims for bodily injury and/or property damage arising out of a single occurrence, such
coverage to include protection against liability for non-owned and hired automobiles,
liability for property of others, and, if applicable, host liquor liability and other risks which
are customarily covered with projects similar in construction, location, and use. The policy
or policies shall name as insureds all of the Owners, the Association, each member of the
Board of Directors, the Management Contractor,and their respective agents and employees.
Declarant shall be named as an additional insured on such policy or policies until such time
as Declarant shall have conveyed all the Lots in the Project. The policy or policies shall
insure against loss arising from perils in the Common Area and in any other areas which the
Association has a maintenance responsibility and shall include contractual liability coverage
to protect against such liabilities as may arise under the contractual exposures of the
Association or the Board of Directors.
9.1.2 The policy or policies shall contain a"severability of interest" clause or
endorsement which shall preclude the insurer from denying a claim of an Owner or the
Association because of negligent acts of the Association or other Owners.
9.2 Fire and Hazard Insurance. Fire and hazard insurance shall be purchased by the
Board of Directors and shall thereafter be maintained in force at all times, the premiums
thereon to be paid by the Association as a Common Expense, such policy to cover all
insurable Common Area Improvements. The policy or policies shall be of a master or
blanket type with a standard all risk endorsement,and insure against loss from perils therein
including broad form coverage on all of the Improvements in the Common Area,except such
as may be separately insured, and except land, foundation, excavation and other items
normally excluded from coverage. Such policy or policies shall contain extended coverage,
vandalism, and malicious mischief endorsements. The Improvements to be insured under
this clause shall be continually insured to value, and the policy or policies shall contain
replacement cost insurance. If reasonably available, the policy or policies shall contain a
stipulated amount clause, or determinable cash adjustment clause, or similar clause to
permit a cash settlement covering specified value in the event of destruction and a decision
not to rebuild. The policy or policies shall name as insured the Association and Declarant.
The policy or policies shall also cover personal property owned by the Association or in
common by the Owners, their tenants, invitees or agents, and shall further contain a waiver
of subrogation rights by the carrier as to negligent Owners. If Declarant pays the premium
Longs Peak CCRs 9-6-02 wool 30
for said policy or policies, it shall be entitled to reimbursement from the Association. The
insurance shall be carried with reputable companies authorized to do business in the State
of Colorado, in such amounts as the Board may determine. The insurance carrier should
have a current rating by Best's Insurance Reports of VI or better or a financial rating of Class
VI and a general policyholder's rating of at least A. If the insurer does not meet this rating
requirement, the insurer must be reinsured by a company that does have a current rating
by Best's Insurance reports of VI or better.
9.3 No Individual Fire Insurance on Common Area. The blanket policy or policies
to be carried by the Association and referenced under Section 9.2 above must provide that
it is primary over any policy or policies separately carried by an individual Lot Owner and
that the proceeds of the individual policy or policies carried by such Owner shall only be
used to the extent that the proceeds of the insurance carried by the Association are
insufficient to cover any losses to the Common Area.
9.4 Owner's Personal Liability and Property Insurance. An Owner may carry such
property, fire and personal liability insurance as such Owner may desire. It is understood
that the Association policies described herein will provide no insurance coverage for the Lots
or the Improvements situate thereon.
9.5 Fidelity Insurance Coverage. The Association shall provide for fidelity coverage
against dishonest acts on the part of the Officers, Directors, Management Contractors,
employees or volunteers responsible for handling funds belonging to or administered by the
Association. The fidelity bond or insurance must name the Association as the named
insured and shall be written in an amount sufficient to provide protection, which is in no
event less than one and one-half (1.5) times the insured's estimated annual operating
expenses and reserves. In connection with such coverage, an appropriate endorsement to
the policy to cover any person or persons who serve without compensation shall be added
if the policy would not otherwise cover volunteers.
9.6 Other Insurance. The Board of Directors may purchase and maintain in force as
a Common Expense,debris removal insurance,plate or other glass insurance,fidelity bonds,
and other insurance or bonds that it deems necessary. The Board shall purchase and
maintain worker's compensation insurance to the extent that the same shall be required by
law respecting employees of the Association. Notwithstanding any other provisions herein,
the Association shall continuously maintain in effect such casualty, flood and liability
insurance, and a fidelity bond, meeting the insurance and fidelity bond requirements for
such project established by the Federal Home Loan Mortgage Corporation, the Federal
National Mortgage Association and Government National Mortgage Association, so long as
any are a Mortgagee or Owner of a Lot within the Properties, except to the extent such
coverage is not available or has been waived in writing by either or all of the above.
Longs Peak CCRs 9-6-02.wpd 31
/--'
9.7 Attorney in Fact. The Association is hereby appointed the attorney in fact for all
Owners to negotiate loss adjustment on the policy or policies carried by the Association
under this Article IX.
9.8 Proceeds. The Association shall receive the proceeds of any casualty insurance
payments received on the policies obtained and maintained pursuant to this Article. To the
extent that repairs and reconstruction are required herein and there is a determination that
the Properties shall not be rebuilt, the proceeds shall be distributed in the manner provided
in Article X regarding casualty damage or destruction.
9.9 Notice of Cancellation or Modification. The policy or policies required by
Sections 9.1, 9.2 and 9.5 must provide that they cannot be canceled or substantially
modified, by any party, without at least ten (10) days' prior written notice to the
Association, and to each holder of a First Mortgage which has requested in writing that it
be listed as a scheduled holder of a First Mortgage in the insurance policy.
9.10 Annual Review of Policies. All insurance policies shall be reviewed at least
annually by the Board of Directors to ascertain whether the coverages contained in the
policies are sufficient for the upcoming year,whether any necessary repairs or replacements
of the property which occurred in the preceding year were covered by insurance, and that
all possible insurance claims have been filed.
9.11 Deductibles. No insurance policy applicable to either fire or extended coverage
shall contain a deductible clause which exceeds the greater of:
(i) Five Hundred Dollars ($500.00); or
(ii) One percent (1%) of the face amount of the policy.
If an Owner, who by negligent or willful act, causes damage to the Common Area or other
Properties which are insured as a Common Expense, then said Owner shall bear the whole
cost of the deductible required in the blanket insurance policy for the Association on the
Common Area and other such Properties. An Owner shall be responsible for any action of
members of his family, his tenants or his guests which cause damage to said Common Area
or other Properties.
9.12 Directors'and Officers'Liability Insurance. If available at a reasonable cost,the
Association shall obtain and maintain adequate liability coverage to protect against any
negligent act upon the part of the Directors or Officers of the Association.
Longs Peak CCRs 9-6-02.wpd 32
9.13 Waivers. All such policies of insurance shall contain waivers of subrogation and
waivers of any defense based on an invalidity arising out of the acts of a Member of the
Association.
X. CASUALTY
10.1 Association As Agent and Attorney In Fact. All of the owners irrevocably
constitute and appoint the Association as their true and lawful agent and attorney in fact
in their name, place and stead for the purposes of dealing with the Common Area upon its
damage, destruction, obsolescence and/or condemnation as hereinafter provided.
Acceptance by any grantee of a deed from Declarant or from any Owner shall constitute
appointment of the Association as agent and attorney in fact as herein provided.
10.2 General Authority of Association. As attorney in fact,the Association shall have
full and complete authorization, right and power to make, execute and deliver any contract,
deed or other instrument with respect to the interest of an Owner which may be necessary
or appropriate to exercise the powers herein granted. Repair and construction of the
Common Area Improvements as used in this Article means restoring the Common Area to
substantially the same condition in which it existed prior to damage. Subject to the
provisions of Section 4.6 above, the proceeds of any insurance collected shall be used by the
Association for the purpose of repair or reconstruction unless Owners, to which at least
eighty percent (80%) of the votes in the Association are allocated, including all Owners of
Lots which will not be rebuilt, and sixty-seven percent (67%) of the First Mortgagees agree
not to rebuild in accordance with the provisions set forth in this Article.
10.3 Notices and Cost Estimates. As soon as practical after an event causing damage
to, or destruction of any part of the Common Area, the Association shall immediately obtain
estimates that it deems reliable of the cost of repair or reconstruction of that part of the
Project damaged or destroyed.
10.4 Insurance Proceeds Sufficient to Repair. In the event that proceeds from
insurance coverage are sufficient to cover the cost of repair or construction after a casualty
pursuant to the estimate of costs obtained by the Association, then such repair or recon-
struction shall be promptly performed by the Association as attorney in fact for the Owners
pursuant to this Article.
10.5 Insurance Proceeds Insufficient to Repair. If the insurance proceeds are
insufficient to repair or reconstruct the damage or destroyed Common Area or Common
Area Improvements, such damage shall be repaired as promptly as possible by the
Association and any costs of such repair or reconstruction in excess of insurance proceeds
available shall be assessed against all Owners as a Common Expense pursuant to Article VI.
Longs Peak CCRs 9-6-02.wpd 33
XL CONDEMNATION
11.1 Consequences of Condemnation. At any time during the continuance of the
Ownership pursuant to this Declaration, if all or any part of the Common Area shall be
taken, or condemned by any public authority, or sold, or otherwise disposed of in lieu of or
in avoidance thereof, the provisions of this Article XI shall apply.
11.2 Proceeds and Notice. All compensation,damages,or other proceeds therefrom,
the sum of which is hereinafter called the "Condemnation Award" shall be payable to the
Association; provided, however, that the Association shall provide timely notice of such
condemnation proceeding or condemning authority acquisition to all Owners and First
Mortgagees of record of Lots within the Project who request such notice.
X11. GENERAL RESERVATIONS
12.1 Reservation of Easements, Exceptions, and Exclusions. Declarant reserves the
right to establish from time to time by dedication or otherwise, utility (including cable
television) and other easements, for purposes including but not limited to streets, paths,
walkways,drainable recreation areas,parking areas,ducts,shafts,flues,conduit installation
areas, and to create other reservations, exceptions and exclusions consistent with the
ownership of the Properties for the best interest of all Owners and the Association in order
to serve all the Owners within the Project. The rights herein reserved unto Declarant shall
continue until Declarant no longer retains an interest in the Project or twenty (20) years
after the effective date of this Declaration, whichever occurs first.
12.2 Rights of Declarant and Participating Builders Incident to Construction. An
easement is hereby retained by and granted to Declarant and any Participating Builder for
access, ingress, and egress over, in, upon, under, and across the Project, including but not
limited to the right to store materials thereon and to make such other use thereof as may
be reasonably necessary or incidental to Declarant's or any such Participating Builder's
construction on the Properties; provided, however, that no such rights or easements shall
be exercised by Declarant in such a manner as to unreasonably interfere with the occupancy,
use, enjoyment, or access by any Owner, his family members, guests, or invitees, to or of
that Owner's Lot.
Longs Peak CCRs 9-i-02.wpd 34
4,4
•
XIII. PRE-EXISTING RESERVATIONS, RESTRICTIONS,
EASEMENTS AND COVENANTS
The property was subject to the following reservations, restrictions, conditions,
exceptions, easements and covenants at the time of the recordation of this Declaration:
13.1 Weld County. Any restrictions in the use of property created by the Plat or
zoning ordinances approved or adopted by Weld County, Colorado.
13.2 Other Recorded Documents. Any other reservations, restrictions, conditions,
exceptions, conditions, easements and covenants not enumerated under this Declaration or
the Association's Articles of Incorporation or By-Laws, but which exist of record at the time
of the recordation of this Declaration.
XIV. REVOCATION OR AMENDMENT
OF DECLARATION
14.1 Revocation. Except as specifically provided elsewhere herein, this Declaration
shall not be revoked unless the Owners of Lots to which sixty-seven percent (67%) of the
votes in the Association are allocated and sixty-seven percent (67%) of the registered First
Mortgagees consent and agree to such revocation by instrument(s) duly recorded.
14.2 Duration and Amendment. The covenants and restrictions of this Declaration
shall run with and bind the Properties for a term of forty (40) years from the date this
Declaration is recorded,after which time they shall be automatically extended for successive
periods of ten (10) years. Subject to any provision in Section 4.6 above, this Declaration
shall not be amended, except as otherwise herein provided, without the consent of Owners
of Lots to which at least sixty-seven percent (67%) of the votes in the Association are
allocated, and approval of sixty-seven percent (67%) of the First Mortgagees. Such
amendment may be evidenced by either a recorded instrument indicating such consent or
by a recorded certificate of the Secretary of the Association certifying that at a meeting of
the Owners, duly called at which a quorum was presented, the Owners of Lots, to which
sixty-seven (67%) of the votes in the Association are allocated, consented to the
Amendment, and that sixty-seven percent (67%) of the First Mortgagees have given
approval (as provided in Section 15.8 below) to the Amendment,unless a higher percentage
is required for such consent and approval by Sections 4.6 above,in which case the certificate
shall reflect the higher percentage, and that copies of such written consent and approval are
in the corporate records of the Association.
Longs Peak CCRs 9-6-02.wpd 35
14.3 Amendments to Conform to VA. FHA, FNMA or FHLMC Requirements.
Notwithstanding any provisions to the contrary, during the Declarant Control Period,
Declarant shall have the right to unilaterally amend this Declaration in order to comply with
the requirements of the Veteran's Administration, Federal Housing Administration, Federal
National Mortgage Association or Federal Home Loan Mortgage Corporation. Such
amendment shall not require the vote or consent of Owners in the Project.
14.4 Technical Amendments. Declarant hereby reserves and is granted the right and
power to record technical amendments to this Declaration at any time prior to the
termination of the Declarant's reserved right to appoint the Board of Directors of the
Association for the purposes of correcting spelling, grammar, dates or as is otherwise
necessary to clarify the meaning of the provisions of this Declaration.
XV. MISCELLANEOUS PROVISIONS
15.1 Mailing Address. Each Owner and First Mortgagee shall register his or its
mailing address with the Association, and all notices, demands and statements shall be sent
by regular United States Mail, first-class postage prepaid, addressed in the name of the
Owner or First Mortgagee at such registered mailing address. All notices to Declarant shall
be sent by certified mail, first-class postage prepaid, return receipt requested, to the
following address:
Daryll D. Propp
Carol A. Propp
12600 West Colfax Avenue, Suite B130
Lakewood, Colorado 80215
until such address is changed by notice of address change given to the Association.
15.2 Compliance with Provisions. Each Owner shall comply strictly with the
provisions of this Declaration,the Articles of Incorporation,By-Laws,Rules and Regulations,
resolutions, and contracts of the Association as the same may from time to time be in force
and effect. Failure to comply with any of the same shall be grounds for an action to recover
sums due for damages or injunctive relief or both, together with reasonable attorney fees,
court costs, and injunction bond premiums maintainable by the Board of Directors, or the
Management Contractor, on behalf of the Owners, or by any Owner.
15.3 Severability. If any of the provisions of this Declaration or any paragraph,
sentence, clause, phrase, word or section or the application thereof in any circumstances is
invalidated, such invalidity shall not affect the validity of the remainder of this Declaration,
Longs Peak CCRs 9-0-02.wpd 36
and the application of any such provisions, paragraph, sentence, clause, phrase, word, or
section in any other circumstances shall not be affected thereby.
15.4 Terminology. Whenever used herein, unless the context shall otherwise
provide, the singular number shall include the plural and the singular; and the use of any
gender shall include all genders.
15.5 State Law. The provisions of this Declaration shall be in addition and
supplemental to all laws of the State of Colorado.
15.6 Declarant's Rights Transferable. Any right or interest of Declarant hereunder,
established or reserved, may be transferred or assigned by Declarant either separately, or
with one or more of such rights or interest, to any person or entity without the consent of
the Owners, the Association, or any First Mortgagee.
15.7 Registration of First Mortgagees. Whenever this Declaration requires that a
First Mortgagee receive notice, such requirement of notice shall be waived if the First
Mortgagee has failed to register its name and proper address with the Association for the
purpose of such notices.
15.8 Approval by First Mortgagees. Whenever this Declaration requires the approval
of First Mortgagees, only those First Mortgagees who have registered as provided under
Section 15.7 need be included in the request for approval and in any determination of
whether the applicable percentage of First Mortgagees have approved any intended action.
Any First Mortgagee registered as provided under Section 15.7 and mailed a request for
approval, but who fails to respond within thirty (30) days to a request for approval, will be
deemed to have approved the intended action.
15.9 Conflict. In the case of any conflict between the Articles of Incorporation and
the By-Laws, the Articles shall control; in case of any conflict between this Declaration and
the By-Laws, the Declaration shall control; in case of any conflict between the Articles and
this Declaration, this Declaration shall control.
Longs Peak CCRs 9-6-02.wpd 37
DATED this _ day of September, 2002.
DECLARANT:
Daryll D. Propp
Carol A. Propp
STATE OF COLORADO )
) ss.
COUNTY OF )
The above and foregoing Declaration of Covenants, Conditions, and Restrictions of
Longs Peak Estates was acknowledged before me this _ day of September, 2002, by
as Daryll D. Propp and Carol A. Propp.
Witness my hand and official seal.
My commission expires:
Notary Public
r�
Longs Peak CCRs 9.6-02.wpd 38
EXHIBIT A
Lots 1-7, inclusive,
Oudot A, and Outlot B, inclusive,
[Avery Court, Dawn Court,]
Longs Peak Estates P.U.D., according to the plat thereof recorded , 20 in
Book_ at Page , under Reception No. , of the records of the Office
of the Clerk and Recorder of Weld County, Colorado,
County of Weld,
State of Colorado.
Longs Peak CCRs 9-6-02 wed
EXHIBIT B
Outlot A, and Outlot B, inclusive,
[Avery Court, Dawn Court,]
Longs Peak Estates P.U.D., according to the plat thereof recorded , 20_, in
Book at Page , under Reception No. , of the records of the Office
of the Clerk and Recorder of Weld County, Colorado,
County of Weld,
State of Colorado.
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Longs Peak CCRs 9-6-02.wpd
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RINKO, LLC Phone:303-601-9230
Fax: 303-277-1583
Rinko, LLC E-Mail:johnrinko@yahoo.com
12081 W.Alameda Pkwy.#254
Lakewood,Colorado 80228
August 1, 2002
Mr. Kim Ogle
Lead Planner
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, Colorado 80631
Subject: Final Plan Drawing Package
Longs Peak Estates, Case#Z-543
Dear Kim:
The purpose of this submittal is to provide Weld County Department of Planning Services the Final
Plan drawings for Longs Peak Estates, Case#Z-543 per the requirements listed in the Weld County
Board of County Commissioners Resolution of October 24,2001. The final Change of Zone Plat
Map was submitted on May 7, 2002 and addressed Resolution Items 1, 2 and 3. This submittal
provides the Final Plan drawings and related material as required in Resolution Item 4.
Enclosed with this letter are the Final Plan drawings and related documents for the Longs Peak
Estates PUD. The drawing set includes the site master plan,the utility easement layouts, building
footprints,road details, water line details, and the site drainage details. Specifically,the following is
provided:
1. Twenty-five (25) copies of the Final Plan construction drawing package for Weld County
Planning review and referral
2. Eight(8) sets of the Final Plan construction drawing package for utility reviews
3. Three (3)copies of the Detailed Drainage Study
4. Two (2) copies of the Geotechnical Report for pavement design
5. Two (2) copies of the Landscape and Maintenance Plan
6. Three (3) copies of the Final Plat
This material addresses the following items listed under condition 4 of the Resolution, Final Plan
Application:
Item 4A—Final Plan Application(County road system request for on-site roads)
Item 4C—Landscape and Maintenance Plan(Homeowners' Association to maintain)
Item 4F—Utility Easement requirements
Item 4G—Detailed Drainage Study
Item 4H—Final roadway plan
Kim Ogle
August 1, 2002
r
Page 2
The remaining conditions under Item 4 will be submitted shortly and include detail regarding the
Homeowners' Association and the covenants, documentation for the continued availability of the
water taps, draft agreements, and digital submittals. We trust the submittal of this package will allow
you to begin the referral process for the Final Plan approval.
We look forward to working with you to complete the Final Plan for the site. Should you have any
questions or require additional documentation, please do not hesitate to contact me at(303) 601-
9230.
SinQerely,
John Rinko, Jr., P.E.
cc: Daryll Propp
enclosures
Rinko, LLC Longs Peak Estates— Case Z-543
ATTACHMENT D
Recorded Change of Zone Plat
Documentation
ARTICLES OF INCORPORATION
OF
LONGS PEAK ESTATES HOMEOWNERS ASSOCIATION
ARTICLE I
NAME OF CORPORATION
The name of the Corporation shall be LONGS PEAK ESTATES HOMEOWNERS
ASSOCIATION (the "Corporation").
ARTICLE II
PERIOD OF EXISTENCE
The duration of the Corporation shall be perpetual.
ARTICLE III
PURPOSES
3.1 The Corporation does not contemplate pecuniary gain or profit to the members
thereof and it is organized for nonprofit purposes. It is intended that the Corporation
qualify as an exempt organization under the provisions of Colorado Revised Nonprofit
Corporation Act, C.R.S. §§ 7-121-101, et seq., and as a homeowners' association under the
provisions of Section 528 of the Internal Revenue Code. No pan of the net earnings of the
Corporation shall inure to the benefit of any private member or individual.
3.2 The business, objective, and purposes for which the Corporation is formed are
as follows:
A. To provide for architectural control of all residents' Lots, and for the care,
maintenance, preservation and architectural control of the Common Area and facilities
within and appurtenant to that certain real property described on Exhibit A to that certain
Declaration of Covenants, Conditions and Restrictions for Longs Peak Estates (referred to
as the Project), and any adjoining lands which may be annexed thereto from time to time,
to perform all obligations and duties and exercise all rights and powers of the Longs Peak
Estates Homeowners Association (the"Association"),as specified in that certain Declaration
of Covenants, Conditions and Restrictions of Longs Peak Estates (hereinafter called the
"Declaration") applicable to the Project and recorded, or to be recorded, in the records of
the Office of the Clerk and Recorder of Weld County, Colorado, and as the same may be
amended from time to time as therein provided, the Declaration being incorporated herein
by this reference, and to provide for the enforcement of the Declaration.
Longs Peak HOA Articles 9-6-02.wpd
B. To promote the health,safety, and welfare of the residents within the Project, and
any additions thereto as may hereafter be brought within the jurisdiction of the Association.
C. To exercise all of the powers and privileges and to perform all of the duties and
obligations of the Association as set forth in the Declaration, but subject to the duly adopted
By-Laws of the Association.
D. To fix, levy, collect and enforce payment by any lawful means of charges and
assessments.
E. To pay all expenses of the business of the Association, including all license and
permit fees,taxes and other governmental charges levied or imposed against the Association
or the property of the Association.
F. To borrow money, and mortgage, pledge, deed in trust or hypothecate any or all
of its personal but not its real property as security for money borrowed or debts incurred.
G. To compromise, settle, release and otherwise adjust claims, demands, causes of
action and liabilities in favor of the Association and the owners, or on behalf of the
Association and owners, as the case may be, provided any such claim, demand, cause of
action or liability arises out of or relates to a condition or defect common to the Common
Area or Improvements constructed thereon, or to the development, design, construction,
condition, repair or maintenance of or damage or injury to or defect in the Common Area
of the development or part thereof, and to make and receive all payment or other
consideration necessary therefor or in connection therewith.
H. To acquire (by gift, purchase or otherwise), own, hold, improve, build upon,
operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose
of real or personal property in connection with the affairs of the Association as is provided
for in the Declaration.
I. To dedicate all or any part of the Common Area and facilities to any public agency,
authority, or utility for such purposes and subject to such conditions as may be agreed to
by the Members, as is provided for in the Declaration.
J. To enter into licenses, maintenance agreements, and other contracts with public
agencies, authorities,or utilities for use and maintenance of property owned by such entities
and/or for other purposes as may be in the interests of the Association.
Longs Peak HOP.Articles 9-6-02.wpa 2
K. To exercise such other and further powers, rights, and privileges which a
corporation organized under the Colorado Revised Nonprofit Corporation Act may now have
or hereafter acquire by law.
3.3 No substantial part of the activities of the Association shall consist of carrying
on propaganda, or of otherwise attempting to influence legislation, and the Corporation
shall not participate or intervene in any political campaign (including the publishing or
distribution of statements) on behalf of any candidate for public office.
3.4 Notwithstanding any of the above statements of purposes and powers, the
Association shall not, except to an insubstantial degree, engage in any activities or exercise
any powers that are not in furtherance of the specific purpose of the Association.
ARTICLE IV
MEMBERSHIPS
4.1 The Association shall be a membership corporation without certificates or shares
of stock.
4.2 Every person or entity who is a Declarant, a Participating Builder, and/or a
record Owner of a Lot within the Project shall automatically become a Member of the
Association and shall remain a Member for the period of the Owner's Lot ownership. If title
to a Lot is held by more than one person, the membership related to that Lot shall be shared
by all such persons in the same proportion of interests, and by the same type of tenancy, in
which the tide to the Lot is held. Each membership shall be appurtenant to the Lot and shall
be transferred automatically by the conveyance of the Lot. No Member shall be entitled to
a preemptive right or option to purchase any Lot. No person or entity other than an Owner
may be a Member of the Association, but the right of membership may be assigned to a
Mortgagee as further security for a loan secured by a lien on a Lot and/or Residence. The
privileges of Members,the liability of Members for assessments and the method of collection
of assessments shall be as set forth in the Declaration and By-Laws adopted by the Directors
of the Association.
ARTICLE V
VOTING RIGHTS
5.1 Voting Rights: Declarant Control.
5.1.1 All Owners shall be entitled to one (1) vote for each Lot owned,
including any Lot formed by virtue of subdivision of a Lot as provided in Article XIV of the
Declaration. When more than one person holds an interest in any Lot, all such persons shall
Longs Peak HOA Articles 9-6-02.wpd 3
be Members. The vote for such Lot shall be exercised as they among themselves determine,
but in no event shall more than one (1) vote be cast with respect to any Lot.
5.1.2 During the Declarant Control Period (as that term is defined in the
Declaration), Declarant shall be entitled to exercise certain rights as provided in the
Declaration, including but not limited to the right to appoint the members of the Board of
Directors of the Association.
5.1.3 Within sixty (60) days after the end of the Declarant Control Period,
the Directors appointed by Declarant shall resign and the Association shall hold a meeting
for the purpose of electing Directors to fill any vacancies on the Board of Directors.
5.1.4 All Members shall be entitled to vote on all matters, except as provided above.
Cumulative voting is prohibited. No person or entity other than an Owner of a Lot may be
a Member of the Association. Members shall have no preemptive rights to purchase other
Lots or the memberships appurtenant thereto.
5.1.5 If title to a Lot is held by more than one person or by a firm, corporation,
partnership,association,or other legal entity,or any combination thereof,such Owners shall
,^ execute a proxy appointing and authorizing one person or alternative persons to attend all
annual and special meetings of Members, and thereat to cast whatever vote the Owner
himself might cast if he were personally present. Such proxy shall be effective and remain
in force unless voluntarily revoked, amended, or sooner terminated by operation of law.
Within thirty (30) days after such revocation,amendment,or termination thereof,however,
the Owner shall reappoint and authorize one person or alternate persons to attend all
annual and special meetings as is provided in this paragraph.
5.1.6 A membership in the Association shall not be assigned, encumbered, or
transferred in any manner except as an appurtenance to the transfer of title to the Lot to
which the membership pertains; provided, however, the rights of membership may be
assigned to the holder of a Mortgage on a Lot as further security for a loan secured by a lien
on such Lot.
5.1.7 A transfer of membership shall occur automatically upon the transfer of tide
to the Lot to which the membership pertains. The By-Laws of the Association may,however,
contain reasonable provisions and requirements with respect to recording such transfers of
the books and records of the Association.
5.1.8 The Association may suspend the voting rights of a Member for failure to
comply with the Rules and Regulations or the By-Laws of the Association or with any other
obligations of the Owners of a Lot under the Declaration or agreement created thereunder.
Longs Peak HOA Articles 9-6-02.wpd 4
5.2 All Members shall be entitled to vote on all matters, as provided above.
Cumulative voting is prohibited. No person or entity other than an Owner of a Lot may be
a Member of the Association. Members shall have no preemptive rights to purchase other
Residences or the memberships appurtenant thereto.
5.3 If title to a Lot is held by more than one person or by a firm, corporation,
partnership,association,or other legal entity,or any combination thereof,such Owners shall
execute a proxy appointing and authorizing one person or alternative persons to attend all
annual and special meetings of Members, and thereat to cast whatever vote the Owner
himself might cast if he were personally present. Such proxy shall be effective and remain
in force unless voluntarily revoked, amended, or sooner terminated by operation of law.
Within thirty(30) days after such revocation,amendment,or termination thereof, however,
the Owner shall reappoint and authorize one person or alternate persons to attend all
annual and special meetings as is provided in this paragraph.
5.4 A membership in the Association shall not be assigned, encumbered, or
transferred in any manner except as an appurtenance to the transfer of title to the Lot to
which the membership pertains; provided, however, the rights of membership may be
assigned to the holder of a mortgage, deed of trust, or other security instrument on a Lot as
further security for a loan secured by a lien on such Lot.
5.5 A transfer of membership shall occur automatically upon the transfer of tide to
the Lot to which the membership pertains. The By-Laws of the Association may, however,
contain reasonable provisions and requirements with respect to recording such transfers of
the books and records of the Association.
5.6 The Association may suspend the voting rights of a Member for failure to comply
with the Rules and Regulations or the By-Laws of the Association or with any other
obligations of the Owners of a Lot under the Declaration or agreement created thereunder.
ARTICLE VI
BOARD OF DIRECTORS
• 6.1 The business and affairs of the Association shall be conducted, managed, and
controlled by a Board of Directors.
6.2 The Board of Directors shall consist of not less than three (3) nor more than five
(5) members, the specific number to be set forth from time to time in the By-Laws of the
Association. In the absence of any provision to the contrary in the By-Laws, the Board shall
consist of three members.
Longs Peak HOA Articles 9-6-02.wpd 5
6.3 The classes of Directors, method of election and the term of office of members
of the Board of Directors shall be determined by the By-Laws.
6.4 Directors may be removed and vacancies on the Board of Directors shall be filled
in the manner to be provided in the By-Laws.
6.5 The names and addresses of the members of the first Board of Directors who
shall serve until the first election of Directors by the members and until their successors are
duly elected and qualified are as follows:
6.6 The first Directors of the Association shall have the power to adopt By-Laws for
the Association.
6.7 Any vacancies in the Board of Directors occurring before the first election of
Directors by Members shall be filled by the remaining Directors. At the first meeting the
Members following the expiration of the Declarant Control Period, the Members shall elect
one or more Directors for a term of one (1) year, one or more Directors for a term of two
(2) years and one or more Directors for a term of three (3) years; and at each annual
meeting thereafter the Members may fill any vacancies for the remaining terms or new
terms of three years.
6.8 Declarant shall be entitled to appoint the Board of Directors for the Declarant
Control Period which shall terminate within the time periods set forth in Section 5.1 above.
6.9 Notwithstanding any provision in these Articles or the Declaration to the
contrary, the Members shall be entitled to remove any member of the Board of Directors,
other than any Director appointed by Declarant, by the affirmative vote of sixty-seven
percent (67%) of the Members.
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ARTICLE VII
OFFICERS
The Board of Directors may appoint a President, one or more Vice-Presidents, a
Secretary, a Treasurer, and such other Officers as the Board believes will be in the best
interests of the Association. The Officers shall have such duties as may be prescribed in the
By-Laws of the Association and shall serve at the pleasure of the Board of Directors.
ARTICLE VIII
INDEMNIFICATION OF OFFICERS AND DIRECTORS
The Association shall indemnify the Officers and Directors of the Association to the
fullest extent permitted by law.
ARTICLE IX
OFFICES: AGENT
The principal place of business of the Association shall be . The initial
registered office of the Association will be , and the initial registered agent
at such office shall be
ARTICLE X
INCORPORATOR
The name and address of the Incorporator is Eric E. Torgersen, Suite 100, Building
19, 1667 Cole Boulevard, Golden, Colorado 80401.
ARTICLE XI
DISSOLUTION
In the event of the dissolution of the Corporation, either voluntarily by the Members
hereof, by operation of law, or otherwise, then the assets of the Corporation shall be
dedicated to an appropriate public agency to be used for purposes similar to those for which
the Association was created, or the Members in an equitable fashion. In the event that such
dedication is refused acceptance,such assets may be granted, conveyed and assigned to any
non-profit corporation, association, trust or other organization to be devoted to such similar
purposes.
Longs Peak HOA Articles 9-6-02.wpd 7
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ARTICLE XII
AMENDMENTS
Amendments to these Articles of Incorporation shall be adopted, if at all, in the
manner as set forth in Colorado Revised Statutes; provided, however, that no amendment
to the Articles of Incorporation shall be contrary to or inconsistent with any provision of the
Declaration,and any amendment to the Articles of Incorporation shall be in conformity with
the approval requirements set forth in the Declaration for the particular amendment.
Dated this day of September, 2002.
Incorporator
CONSENT OF REGISTERED AGENT
The undersigned consents to act as the initial registered agent for Longs Peak Estates
Homeowners Association.
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Longs Peak HOA Articles 9-6-02.wpd 8
BY-LAWS
OF
LONGS PEAK ESTATES HOMEOWNERS ASSOCIATION
ARTICLE I
OBJECT AND DEFINITIONS
1.1 Purpose. The purpose for which this Association is formed is to govern the
property located in Weld County, Colorado, and more particularly described on Exhibit"A"
to the "Declaration", and any other property which the Association may own.
The above-referenced property has been submitted to a Declaration entitled
Declaration of Covenants, Conditions, and Restrictions of Longs Peak Estates (hereinafter
referred to as the "Declaration").
1.2 Assent. All present or future owners,tenants,future tenants,or any other person
using the facilities of the Properties in any manner are subject to the regulations set forth
in these By-Laws. The mere acquisition or rental of any of the Lots of the Project or the
mere act of occupancy of the Lots shall constitute ratification of these By-Laws.
1.3 Definitions. Unless otherwise specified, capitalized terms shall have the same
meaning in these By-Laws as such terms have in the Declaration.
ARTICLE II
MEMBERSHIP, VOTING, MAJORITY OF OWNERS,
OUORUM, PROXIES
2.1 Membership. The total number of memberships shall not exceed the number of
Lots. Upon becoming an Owner of a Lot, any person, including Declarant and Participating
Builder, automatically shall become a member of this Association and shall be subject to the
provisions of the Articles of Incorporation, the Declaration, and to these By-Laws. Such
membership shall terminate without any Association action whenever such person ceases
to own a Lot, but such termination shall not relieve or release any such former Owner from
any liability or obligation incurred under or in connection with the Association during the
period of ownership and membership in this Association, nor shall such termination impair
any rights or remedies which the Board of Directors of the Association or others may have
against such former Owner and Member arising out of, or in any way connected with, such
ownership and membership, and the covenants and obligations incident thereto. No
certificates of stock shall be issued by the Association, but the Board of Directors may, if it
Longs Peak HOA Bylaws 9-6-02.wpd
so elects, issue one membership card to the Owner(s) of a Lot. Such membership card shall
be surrendered whenever ownership of the Lot designated thereon shall terminate.
2.2 Voting Rights: Declarant Control.
2.2.1 MI Owners shall be entitled to one (1) vote for each Lot owned,
including any Lot created by virtue of the subdivision of a Lot as provided in Article XIV of
the Declaration. When more,than one person holds an interest in any Lot, all such persons
shall be Members. The vote for such Lot shall be exercised as they among themselves
determine, but in no event shall more than one (1) vote be cast with respect to any Unit.
2.2.2 During the Declarant Control Period, Declarant shall be entitled to
exercise certain rights as provided in the Declaration, including but not limited to the right
to appoint the members of the Board of Directors of the Association.
2.2.3 At a meeting called for this purpose which shall be held no later than
sixty days after the expiration of the Declarant Control Period, the Owners shall elect the
Board of Directors of the Association, which shall be comprised of at least three (3)
Members, at least a majority of whom shall be Owners other than Declarant or designated
representatives of Owners other than Declarant.
2.2.4 All Members shall be entitled to vote on all matters that may properly come
before the Members, except as provided above. Cumulative voting is prohibited. No person
or entity other than an Owner of a Lot may be a Member of the Association. Members shall
have no preemptive rights to purchase other Lots or the memberships appurtenant thereto.
2.2.5 If tide to a Lot is held by more than one person or by a firm, corporation,
partnership,association,or other legal entity,or any combination thereof,such Owners shall
execute a proxy appointing and authorizing one person or alternative persons to attend all
annual and special meetings of Members, and thereat to cast whatever vote the Owner
himself might cast if he were personally present. Such proxy shall be effective and remain
in force unless voluntarily revoked, amended, or sooner terminated by operation of law.
Within thirty(30) days after such revocation,amendment,or termination thereof,however,
the Owner shall reappoint and authorize one person or alternate persons to attend all
annual and special meetings as is provided in this paragraph.
2.2.6 A membership in the Association shall not be assigned, encumbered, or
transferred in any manner except as an appurtenance to the transfer of tide to the Lot to
which the membership pertains; provided, however, the rights of membership may be
assigned to the holder of a Mortgage on a Lot as further security for a loan secured by a lien
on such Lot.
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Longs Peak HOA Bylaws 36-02.wpd 2
2.2.7 A transfer of membership shall occur automatically upon the transfer of title
to the Lot to which the membership pertains. The By-Laws of the Association may, however,
contain reasonable provisions and requirements with respect to recording such transfers on
the books and records of the Association.
2.2.8 The. Association may suspend the voting rights of a Member for failure to
comply with the Rules and Regulations or the By-Laws of the Association or with any other
obligations of the Owners of a Lot under the Declaration or agreement created thereunder.
2.3 Transfer. Except as otherwise expressly stated herein, none of the rights,
interest, and obligations of the Association set forth or reserved herein may be transferred
or assigned to any other person or entity. No such transfer or assignment shall relieve the
Association of any of the obligations set forth herein. No such transfer or assignment shall
revoke or change any of the rights or obligations of any Owners as set forth herein.
2.4 Majority of Owners. As used in these By-Laws, the term "majority of Owners"
shall mean and refer to Owners who in the aggregate are allocated at least a simple
majority, i.e., more than fifty percent (50%), of the votes in the Association.
2.5 Quorum. Except as otherwise provided in these By-Laws, the presence in person
or by proxy of Owners to whom twenty percent (20%) of the votes in the Association are
allocated shall constitute a quorum. An affirmative vote by the Owners, present physically
or by proxy, representing a majority of the votes entitled to be cast by virtue of their
presence in person or by proxy at a duly called meeting, shall be required to transact any
business. The Members present at any duly called or held meeting at which a quorum is
present may continue to transact business until adjournment, notwithstanding the
withdrawal of enough Members to leave less than a quorum, if any action taken (other than
adjournment) is approved by at least a majority of the Members required to constitute a
quorum.
2.6 Proxies.
2.6.1 Votes may be cast in person or by proxy. Proxies shall be in writing and
must be filed with the Secretary before the appointed time of each meeting. Every proxy
shall be revocable and shall automatically cease upon conveyance by the Member of his Lot
or upon receipt by the Association of written notice of the death or incapacity of the Member
who executed the proxy. No proxy shall be valid for a period longer than eleven (11)
months after the date thereof.
2.6.2 Any form of proxy or written ballot distributed to the Members shall
afford an opportunity on the proxy or form of written ballot to specify a choice between
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approval and disapproval of each matter or group of related matters intended, at the time
the written ballot or proxy is distributed, to be acted upon at the meeting for which the
proxy is solicited or by such written ballot, and shall provide, subject to reasonable specific
conditions, that where the Member solicited specifies a choice with respect to any such
matter, the vote shall be cast in accordance therewith.
2.6.3 Every form of proxy or written ballot which provides an opportunity to
specify approval or disapproval with respect to any proposal shall also contain an
appropriate space marked "abstain," whereby a Member may indicate a desire to abstain
from voting on the proposal. A proxy marked "abstain" by the Member with respect to a
particular proposal shall not be voted either for or against such proposal.
2.6.4 In any election of Directors,any form of proxy or written ballot in which
the Directors to be voted upon are named therein as candidates and which is marked by a
Member"withhold" or otherwise marked in a manner indicating that the authority to vote
for the election of Directors is withheld shall not be voted either for or against the election
of a Director.
2.6.5 Failure to comply with this section shall not invalidate any corporate
action taken, but may be the basis for challenging any proxy at a meeting and a court may
compel compliance therewith at the suit of any Member.
2.7 Voting by Mail.
2.7.1 The Board of Directors may decide that voting of the Members shall be
by mail with respect to any properly noticed matter or to any particular election of Directors
or with respect to adoption of any proposed budget, or amendment to the Articles of
Incorporation, or adoption of a proposed plan of merger, consolidation, or dissolution.
2.7.2 In case of the election of Directors by mail, the existing Board of
Directors shall nominate candidates and shall advise the Secretary in writing of the names
of nominated Directors sufficient to constitute a full Board of Directors, and of a date,which
must be at least fifty (50) days after such advice is given, by which all votes are to be
received. The Secretary, within five (5) days after such advice is given, shall give written
notice of the number of Directors to be elected and of the names of the nominees to all
Owners. The notice shall state that any such Owner may nominate an additional candidate
or candidates, not to exceed the number of Directors to be elected, by notice in writing to
the Secretary at the specified address of the principal place of business of the Association,
to be received on or before a specified date fifteen (15) days from the date the notice is
given by the Secretary. Within five (5) days after such specified date, the Secretary shall
give written notice to all Owners, stating the number of Directors to be elected, stating the
Longs Peak HOA Bylaws 9-6-02.wpd 4
names of all persons nominated by the Board of Directors and by the Owners on or before
the specified date, stating that each Owner may cast a vote by mail and stating the date
established by the Board of Directors by which such votes must be received by the Secretary
at the address of the principal place of business of the Association, which shall be specified
in the notice. Votes received after that date shall not be effective. All persons elected as
Directors pursuant to such an election by mail by receipt of the number of votes required
by applicable law shall take office effective on the date specified in the notice for receipt of
such votes.
2.7.3 In the case of a vote by mail of the Members relating to any properly
noticed matter or to any proposed amendment to the Articles of Incorporation or adopting
a proposed plan of merger, consolidation, or dissolution, the Secretary shall give notice to
all Owners, and shall further give notice to the First Mortgagees of Lots within the Project
at the address supplied by the First Mortgagees to the Association, which notices shall
include a proposed written resolution setting forth the description of the proposed action,
and shall state that such persons are entitled to vote by mail for or against such proposal
and stating a date not less than twenty (20) days after the date such notice shall have been
given on or before which all votes must be received and stating that they must be sent to the
specified address of the principal place of business of the Association. Votes received after
that date shall not be effective. Except as otherwise provided in the Declaration, any
proposal described in Section 4.6 of the Declaration shall be adopted if approved by the
affirmative vote of the owners to whom sixty-seven percent (67%) of the votes of Members
in the Association are allocated; provided, however, that the proposal shall not be
considered unless sixty-seven percent (67%) of the First Mortgagees have given their
consent as required in the Declaration.
2.7.4 Delivery of a vote in writing to the principal place of business of the
Association shall be equivalent to receipt of a vote by mail at such address for the purposes
of this Section 2.7.
ARTICLE III
ADMINISTRATION AND MEETINGS OF MEMBERS
3.1 Association Responsibilities. The Owners of the Lots will constitute the
Association, who will have the responsibility of administering the Project through a Board
of Directors.
3.2 Place of Meetings. Meetings of the Association shall be held at such place as the
Board of Directors may determine.
3.3 Annual Meetings. The annual meeting of the Association shall be held at least
once each year. At each annual meeting following the termination of the Declarant Control
Longs Peak HOA Bylaws 9-6-02.wpd 5
Period, Directors shall be elected by ballot of the Owners. The Owners may also transact
such other business of the Association as may properly come before them.
3.4 Special Meetings. The President shall call a special meeting of the Owners when
so directed by resolution of the Board of Directors or upon presentation to the Secretary of
a petition signed by twenty percent (20%) of the Owners. No business shall be transacted
at a special meeting except as stated in the notice unless by consent of a majority of the
Owners either in person or by proxy.
3.5 Notices. Except as otherwise provided in the Articles of Incorporation and the
Declaration, notices of annual and special meetings shall be given by the President or
Secretary of the Association by delivery or sent by first-class mail, postage prepaid,
addressed to the registered addresses of the Owners at least ten (10) but not more than fifty
(50) days prior to the date set for such meeting. Any such notice shall state the date, time
and place of the meeting, and if the meeting is a special meeting, the purposes thereof.
Waiver of notice, either in person or by proxy, and signed either before, at or after any
meeting, shall be a valid substitute of service. The certificate of the President or Secretary
that notice was duly given shall be prima facie evidence thereof. The notice of any meeting
at which Directors are to be elected shall include the names of all those who are nominees
at the time the notice is given to Owners. Notice shall also be given to the First Mortgagees
on Lots at the address supplied by the First Mortgagee to the Association.
3.6 Adjourned Meeting. If any meeting of the Owners cannot be organized because
a quorum has not attended, the owners who are present either in person or by proxy may
adjourn the meeting to a time not less than forty-eight (48) hours and not more than thirty
(30) days from the time the original meeting was called. The quorum required for voting
at such rescheduled meeting shall be twenty percent (20%) of the Owners to whom twenty
percent (20%) of the votes of Members in the Association are allocated. If a time and place
for the adjourned meeting is not fixed by those in attendance at the original meeting or if
for any reason a new date is fixed for the adjourned meeting after adjournment, notice of
the time and place of the adjourned meeting shall be given to Members in the manner
prescribed herein for regular meetings.
3.7 Order of Business. The order of business at all annual meetings of the Members
shall be as follows:
A. Roll call;
B. Proof of notice of meeting or waiver of notice;
C. Reading of Minutes of preceding meeting;
D. Reports of Officers;
E. Reports of Committees;
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F. Election of Directors;
G. Unfinished business;
H. New business.
The order of business at all special meetings of the Members shall be as stated in the notice
of special meeting pursuant to Section 3.5 above.
BOARD OF DIRECTORS (POWERS AND MEETINGS)
4.1 Number and Oualification. The affairs of this Association shall be governed by
a Board of Directors composed of not less than three (3) or more than five (5) persons
selected from among the Owners or their designees. During the Declarant Control Period,
partners, employees, officers, and/or directors of Declarant shall be considered Owners for
purposes of membership on the Board of Directors. The initial Board shall consist of three
(3) persons who shall act in such capacity and shall manage the affairs of the Association
until their successors are elected. The number of Directors making up the Board may be
changed upon approval of a majority of a quorum.
4.2 Election. At a special meeting of the Members of the Association at or before the
expiration of the Declarant Control Period, called for this purpose, the Members shall elect
the Board of Directors. The Board of Directors shall consist of not less than three (3)
Members, at least a majority of whom shall be Owners other than Declarant or
representatives of Owners other than Declarant. A Member shall be entitled to cast one vote
for each Lot owned for each candidate for the Board of Directors, if the candidate's name
has been placed in nomination prior to voting. No member shall be permitted to cumulate
votes in any such election unless the Articles of Incorporation are amended to allow
cumulative voting.
4.3 Powers and Duties. The Board of Directors shall have the powers and duties
necessary for the administration of the affairs of the Association and for the operation and
maintenance of the Project.
4.4 Other Powers and Duties. The Board of Directors shall be empowered to
accomplish the following duties:
4.4.1 To administer and enforce the covenants, conditions, restrictions,
easements, uses, limitations, obligations, and all other provisions set forth in the
Declaration, these By-Laws and the Articles of Incorporation.
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4.4.2 To establish, make and enforce compliance with such reasonable Rules
and Regulations as may be necessary for the operation, use, and occupancy of this Project,
with the right to amend same from time to time, provided the Rules and Regulations are
approved by the vote or written consent of a majority of the Members, and provided that
(i) the Members may amend any such Rules and Regulations at any regular or special
meeting of the Members or by the vote or written consent of a majority of the votes in the
Association; (ii) such Rules and Regulations are reasonable, do not discriminate against
Declarant, and are consistent with the Declaration, Articles of Incorporation and these By-
Laws; and (iii) such Rules and Regulations shall not be effective until written notice thereof
has been given by mailing a copy of the Rules and Regulations, postage prepaid, at least ten
(10) days before the effective date to each Member addressed to the Member's address last
appearing in the books of the Association. Such Rules and Regulations may include
provisions regarding the limitation and control of all animals. Such Rules and Regulations
may also include, without limitation, provisions regarding the leasing of Lots, including
without limitation, the form of lease documents used,providing the Association with a copy
of any such lease or leases, and such other related regulations deemed advisable or
necessary by the Board of Directors.
4.4.3 To keep, or cause to be kept, in good order, condition, and repair all of
the Common Area, Common Area Improvements and all items of common personal
property, if any.
4.4.4 To insure and keep insured all of the insurable Common Area
Improvements. Further,to obtain and maintain comprehensive liability insurance covering
the Common Areas required by Article IX of the Declaration. To insure, and keep insured,
all of the material fixtures, equipment and property acquired by the Association for the
benefit of the Association and the Owners of the Lots and their First Mortgagees.
4.4.5 To fix, determine, levy, and collect the annual, special, or other
assessments and installments thereof to be paid by each of the Owners towards the gross
expenses of the entire premises; and by the majority vote of the Board to adjust, decrease,
or increase the amount of the assessments or installments thereof. The Board of Directors,
or its agent, may establish any reasonable system for collection periodically of Common
Expenses, in advance or arrears as deemed desirable. Assessments made shall be based
upon the estimated cash requirements deemed to be such aggregate sum as the Board shall,
from time to time, determine to be paid by all of the Owners. Estimated expenses include
the cost of maintenance and operation of the Common Area, Common Area Improvements,
cost of maintenance of any property for which the Association has a use license and a
maintenance agreement, expenses of management, taxes and special assessments unless
separately assessed, insurance premiums for insurance coverage as deemed desirable or
necessary by the Board, landscaping and care of Common Areas, common lighting, repairs
Longs Peak HOA Bylaws 9-6-02.wpd 8
and renovations, wages, common water utility charges, legal and accounting fees,
management fees, expenses and liabilities incurred by the Board of Directors under or by
reason of the Declaration and these By-Laws,payment of any deficit remaining from a previ-
ous assessment period, the creation of a reasonable contingency or capital reserve fund, as
well as other costs and expenses relating to the Common Areas and for the purpose and
powers of the Association. All annual or other assessments or installments thereof shall be
mailed to the registered mailing address of each Owner not later than fifteen (15) days prior
to the date the assessment is payable.
4.4.6 To collect delinquent assessments or installments thereof by suit,
foreclosure, or otherwise and to enjoin or seek damages from an Owner, as is provided in
the Declaration and these By-Laws.
4.4.7 To protect and defend the entire premises from loss and damage by suit
or otherwise.
4.4.8 To borrow funds and to execute all such instruments evidencing such
indebtedness.
4.4.9 To enter into contracts within the scope of their duties and powers.
4.4.10 To establish bank accounts for the common treasury and for all
separate funds which are required or may be deemed advisable by the Board of Directors.
4.4.11 To keep and maintain full and accurate books and records showing all
of the receipts, expenses or disbursements and to permit examination thereof by the owners
or their Mortgagees at convenient weekday business hours.
4.4.12 To prepare and deliver annually to each Owner a statement showing,
in at least summary form, all receipts, expenses or disbursements since the last such
statement.
4.4.13 To meet at least annually.
4.4.14 To designate and remove personnel necessary for the management,
maintenance, operation, repair, and replacement of the Common Areas and Common Area
Improvements and performance of other duties and functions of the Association.
4.4.15 After notice and opportunity for hearing by the Board, to (i) suspend
an Owner's rights as a Member of the Association, including his voting rights and right to
use of any recreational facilities on the Common Area, for any period during which any fine
Longs Peak HOA Bylaws 9-6-02.wpd 9
against such Member or any assessment against such Member's Lot remains unpaid; (ii)
impose monetary penalties as provided in the Declaration for any infraction of the Rules and
Regulations or any violation of or failure to comply with the provisions of the Declaration
or these By-Laws, provided the Member shall have been warned in writing of a previous
infraction within the preceding one (1) year; and (iii) suspend an Owner's rights as a
Member of the Association for a period not to exceed thirty (30) days for any infraction of
the Rules and Regulations.
4.4.16 On fourteen (14) days notice sent to the Association by certified mail,
first-class postage prepaid,and for receipt of a reasonable fee of at least Twenty-Five Dollars
($25.00) from the requesting party (except First Mortgagees, who shall be exempt from
such fee), to furnish a certificate of the Owner's account setting forth the amount of any
unpaid amounts or other charges due and owing from such Owner or allocated to such
Owner's Lot.
4.4.17 To delegate to committees,officers,employees and other agents of the
Association reasonable powers to carry out the powers and duties of the Board; provided,
however, that the Board shall not delegate the power to impose discipline against Members
or to levy fines against Members.
4.4.18 To enter any Lot(but excluding the Residence thereon), at reasonable
hours, upon forty-eight (48) hours' advance notice and with as little inconvenience to the
Owners as possible, in connection with any work or thing required or permitted to be
performed or done by the Association by these By-Laws, the Declaration, or the Rules and
Regulations. In the event of emergency threatening injury to persons or property, or
reasonable cause to believe there is such an emergency,the right of entry shall be immediate
and may be exercised without notice,whether or not the Owner is present. The Association
shall repair any damage caused by such entry.
4.4.19 Sell, transfer and convey the property of the Association with the prior
written approval of (i) sixty-seven percent (67%) of the First Mortgagees of Lots who have
registered pursuant to Section 16.7 of the Declaration (based upon one (1) vote for each Lot
subject to a First Mortgage owned or held) given as provided in Section 16.8 of the
Declaration and (ii) the Owners to which one hundred percent (100%) of the votes in the
Association are allocated.
4.4.20 To compromise, settle, release and otherwise adjust claims, demands,
causes of action and liabilities on behalf of the Association and Owners, as the case may be,
provided any such claim, demand, cause of action or liability arises out of or relates to a
condition or defect to the development, design, construction, condition, repair or
maintenance of or damage or injury to or defect in the Common Area or part thereof, and
Longs Peak HOA Bylaws 9$-02.wpd 10
make and receive all payment or other consideration necessary therefor or in connection
therewith. For such purposes, the Board shall be, and hereby is, irrevocably appointed
attorney-in-fact to act on behalf of all Owners upon such terms and conditions and for such
consideration as may be approved by a majority of the Board.
4.4.21 To enter into licenses for the use and benefit of the Members.,joint use
agreements,maintenance agreements,and such other contracts as determined by the Board
of Directors to be in the interests of the Association with authorities or utilities including,
but not limited to United Power, Inc., Qwest, Inc. and Weld County, Colorado.
4.4.22 In general to carry on the administration of this Association and to do
all those things necessary and reasonable in order to carry out the communal aspect of this
Project.
4.5 Management.
4.5.1 The Board of Directors may employ for the Association a Management
Contractor referred to in the Declaration, at perform such duties and services as the Board
shall authorize, but such employment shall not relieve the Board of Directors of any
responsibility herein or pursuant to the Declaration.
4.5.2 During the period when the Declarant is in control of the Association,
any management contracts entered into by the Association with respect to such professional
management of the Project, and any contacts that such professional management shall
enter into on behalf of the Association, shall be for a term not to exceed one (1) year and
must contain a provision allowing either party to cancel the contact,with or without cause,
and without a payment of termination fee or penalty, upon thirty (30) days prior written
notice. Any Management Contractor shall be an independent contractor and neither a
Management Contractor, nor any of its employees, shall be considered as employees of the
Association.
4.5.3 The Management Contractor shall maintain at its sole cost and expense,
fidelity insurance coverage or a bond against dishonest acts on the part of any of its
employees responsible for handling funds belonging to or administered by the Association,
in an amount equal to the greater of $50,000.00 and one and one-half (1.5) times the
Association's estimated annual operating expenses and reserves. Prior to commencing work
under any contract,the Management Contractor shall provide the Association with evidence
of such fidelity insurance or bond satisfactory to the Association. The Association shall have
the right to require the Management Contractor to carry such fidelity insurance coverage
or bond underwritten by an insurer meeting the standards set forth in Article IX of the
Declaration.
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4.5.4 The Management Contractor shall maintain all funds and accounts of
the Association separate from the funds and accounts of all other associations managed by
the Management Contractor, and shall maintain all funds of the Association designated as
reserves in accounts separate and apart from the operational accounts. Each account
maintained for the Association shall be carried in the name of the Association and shall,
whenever possible, be an interest-bearing account free from ordinary bank charge.
4.5.5 The Management Contractor shall account to the Board of Directors on
not less than an annual basis for all funds belonging to or administered by the Association
which are collected, deposited, transferred, or disbursed by the Management Contractor on
behalf of the Association at any time during the Association's fiscal year.
4.6 Vacancies. Vacancies in the Board of Directors which occur during the Declarant
Control Period shall be filled by appointment by Declarant. Vacancies in the Board of
Director,which occur following the election described in Section 4.2, caused by any reason,
other than the removal of a Director by a vote of the Association,shall be filled by remaining
members or member of the Board of Directors. If there is no remaining member of the
Board, then an election shall be had by a mail vote or special meeting as provided in
Sections 2.7 and 3.4 respectively, and in such event a special meeting may be called by any
Member.
4.7 Removal of Director. Directors who are not appointed by Declarant may be
removed with or without cause by a vote of Owners of Lots to which at least a simple
majority, i.e., more than fifty percent (50%), of the votes in the Association are allocated.
4.8 Appointment of Directors by Declarant. During the Declarant Control Period the
Declarant shall have the right to appoint all members of the Board of Directors. All Directors
appointed by Declarant shall resign prior to the meeting of Members described in Section
4.2.
4.9 Organization Meeting. The first meeting of a newly elected Board of Directors
shall be held within two (2) weeks after the annual meeting, and no notice shall be
necessary to the newly elected Directors in order legally to constitute such meeting.
4.10 Regular Meetings. Regular meetings of the Board of Directors may be held at
such time and place as shall be determined from time to time,by a majority of the Directors,
but at least two such meetings shall be held during each fiscal year and one such meeting
shall be held within two (2) weeks after the annual meeting of Owners.
4.11 Waiver of Notice. Before, at or after any meeting of the Board of Directors, any
Director may, in writing, waive notice of such meeting and such waiver shall be deemed
Longs Peak HOA Bylaws 9-6-02.wpd 12
equivalent to the giving of such notice. Attendance by a Director at any meeting of the
Board shall be a waiver of notice by him of the time and place thereof. If all the Directors
are present at any meeting of the Board, no notice shall be required and any business may
be transacted at such meeting.
4.12 Quorum. At all meetings of the Board of Directors, a majority thereof shall
constitute a quorum for the transaction of business, and the acts of the majority of the
Directors present at a meeting at which a quorum is present shall be the acts of the Board
of Directors. At any meeting of the Board of Directors, if there be less than a quorum
present, the majority of those present may adjourn the meeting from time to time and set
the time for reconvening. If a quorum of Directors reconvenes after such an adjournment,
any business which might have been transacted at the meeting as originally called may be
transacted without further notice.
4.13 Fidelity Bonds. The Board of Directors may require that all officers, Directors,
Management Contractors, volunteers and employees of the Association handling or
responsible for Association funds furnish adequate fidelity bonds. The premiums on such
bonds (except for Management Contractor's) shall be paid by the Association as a Common
Expense. Any such bond shall be in an amount of not less than$50,000.00 or one hundred
fifty percent (150%) of the annual budget, whichever is greater.
4.14 Director's Fees. No Director may receive compensation, fees or expenses for
attendance at any regular or special meeting of the Board of Directors.
4.15 Director's Term. The term of a Director shall be as set forth in the Articles of
Incorporation.
ARTICLE V
OFFICERS
5.1 Designation. The Officers of the Association shall be a President, a Vice-
President, a Secretary, and a Treasurer, all of whom shall be elected by the Board of
Directors.
5.2 Election of Officers. The Officers of the Association shall be elected annually by
the Board of Directors at the organization meeting of each new Board and shall hold office
at the pleasure of the Board. The office of Vice-President need not be filled.
5.3 Removal of Officers. Upon an affirmative vote of a majority of the members of
the Board of Directors, any officer may be removed, with or without cause, and his or her
Longs Peak HOA Bylaws 9-6-02.wpd 13
successor elected at any regular meeting of the Board,or at any special meeting of the Board
called for such purpose.
5.4 President. The President shall be the chief executive officer of the Association
and shall be elected from among the members of the Board of Directors. The President shall
preside at all meetings of the Board of Directors. The President shall have all of the general
powers and duties which are usually vested in the office of the President of a nonprofit
corporation, including but not limited to, the power to execute instruments and documents
on behalf of the Association, including but not limited to amendments to the Declaration,
appoint committees from among the Owners or Members as the President may in his or her
discretion decide is appropriate to assist in the conduct of the affairs of the Association.
5.5 Vice-President. A Vice-President shall have all the powers and authority, and
perform all of the functions and duties of the President, in the absence of the President, or
in the event of the President's inability for any reason to exercise such powers and functions
or perform such duties.
5.6 Secretary. The Secretary shall keep the minutes of meetings of the Board of
Directors and minutes of meetings of the Association. The Secretary shall have charge of
such books and papers as the Board of Directors may direct, and shall in general perform
all the duties incident to the office of Secretary, including but not limited to attesting to the
President's execution of instruments and documents on behalf of the Association, including
but not limited to amendments to the Declaration. The Secretary shall compile, and keep
current at the principal place of business of the Association, a complete list of Members and
their registered mailing addresses. Such list shall be open to inspection by Members and
other persons lawfully entitled to inspect the same at reasonable times during regular busi-
ness hours.
5.7 Treasurer. The Treasurer shall have responsibility for Association funds and
shall be responsible for keeping full and accurate financial records and books of account of
the Association. The Treasurer shall be responsible for the deposit of all monies and other
valuable effects in the name and to the credit of the Association, in such depositories as may
from time to time be designated by the Board of Directors. The Treasurer may also serve
as Secretary in the event the Secretary and Assistant Secretary (if any) are absent.
5.8 Assistant Secretary. The Board of Directors may appoint one or more Assistant
Secretaries to perform all the duties of the Secretary in the absence of the Secretary.
5.9 Assistant Treasurer. The Board of Directors may appoint one or more Assistant
Treasurers to perform all of the duties of the Treasurer in the absence of the Treasurer.
Longs Peak HOA Bylaws 9-6-02 wad 14
ARTICLE VI
INDEMNIFICATION OF OFFICERS AND DIRECTORS
6.1 Non-Liability. A Director of the Board shall not be liable to the Members if he
performs the duties of a Director, including the duties as a member of any committee of the
Board upon which the Director may serve, in good faith, in a manner such Director believes
to be in the best interests of the Association and with such care, including reasonable
inquiry, as an ordinarily prudent person in a like position would use under similar
circumstances. In performing the duties of a Director, a Director shall be entitled to rely on
information, opinions, reports or statements, including financial statements and other
financial data, in each case prepared and presented by:
6.1.1 One or more officers or employees of the Association whom the Director
believes to be reliable and competent in the matters presented;
6.1.2 Counsel, independent accountants, management company personnel,
or other persons as to matters which the Director believes to be within such person's profes-
sional or expert competence; or
6.1.3 A committee of the Board on which the Director does not serve, as to
matters within its designated authority, which committee the Director believes to merit
confidence; so long as, in any such case, the Director acts in good faith, after reasonable
inquiry, when the need therefor is indicated by the circumstances and without knowledge
that would cause such reliance to be unwarranted.
6.2 Indemnification.
6.2.1 The Association shall indemnify every Director, Officer, agent or
employee, and any former Director, Officer, agent, or employee against loss, cost, and
expense, including counsel fees reasonably incurred in connection with any action, suit, or
proceeding to which such person may be made a party by reason of being, or having been
such Director,Officer,agent or employee of the Association,except as to matters as to which
such person shall be finally adjudged to be liable for gross negligence, willful misconduct
or fraud.
6.2.2 No indemnification shall be provided for acts constituting gross
negligence, fraud, or willful misconduct.
6.2.3 No Management Contractor,who is an independent contractor, or any
other independent contractor shall be protected by these indemnification provisions nor by
any insurance policies obtained by the Association in relation thereto, but any such
Longs Peak HOA Bylaws 9.6-02.wpd 15
protection is the sole and separate responsibility of any Management Contractor who is an
independent contractor, or any other independent contractor, as one of their expenses of
doing business.
6.2.4 In the event of a settlement, the settlement shall be approved by any
insurance carrier providing coverage, and paid for out of any available insurance proceeds;
provided, however, that the lack of insurance coverage or proceeds shall not abrogate the
Association's duty to indemnify present and former Officers, Directors, agents and
employees to the fullest extent permitted by law.
ARTICLE VII
OBLIGATIONS OF THE OWNERS
7.1 Assessments. Except as otherwise provided herein and in the Declaration, all
Owners shall be obligated to pay the annual assessments or any installments thereof
imposed by the Association to meet the Common Expenses,and payment of any installments
thereof shall be made not later than on the fifteenth day following the due date. A Member
shall be deemed to be in good standing and entitled to attend any annual or any special
meeting of Members,within the meaning of these By-Laws, if, and only if, the Member shall
have fully paid all assessments and installments thereof made or levied against such Owner
and the Lot owned by such Owner.
7.2 Maintenance and Repair.
7.2.1 Except as may be provided in the Declaration, every Owner must
perform promptly at such Owner's expense all maintenance and repair work within such
Owner's Lot and Residence, which if omitted, would affect the Project in its entirety or any
part belonging to another Owner.
7.2.2 Except as may be provided in the Declaration, all the repairs and costs
associated with a Lot or Residence shall be the individual Owner's expense.
7.2.3 An Owner shall be obligated to reimburse the Association, or another
Owner, upon receipt of a statement for any expenditures incurred by the Association, or
another Owner, or both in repairing, replacing, or restoring any Common Area
Improvement,damaged as a result of the negligent or other tortious conduct of such Owner,
a member of his or her family, his or her agent, employee, invitee, licensee or tenant.
7.3 Mechanic's Lien. Each Owner agrees to indemnify, and to hold each of the other
Owners and the Association harmless, from any and all claims of any mechanic's lien filed
Longs Peak HOA Bylaws 9-6-02 wed 16
against other Lots and appurtenances and the Common Area for labor, materials, services
or other products incorporated in the Owner's Residence.
7.4 General.
7.4.1 Each Owner shall comply strictly with the provisions of the Declaration.
7.4.2 Each Owner shall always endeavor to observe and promote the
cooperative purposes for which the Project was established.
7.5 Use of Lots.
7.5.1 Lots shall be utilized for only those purposes permitted in the
Declaration.
7.5.2 No Owner, tenant, or lessee shall use radios, phonographs, television
sets, amplifiers, and any other instruments or devices in such manner as may disturb, or
which may tend to disturb, other occupants of Lots.
7.5.3 The Board of Directors shall have the power as set forth in the
Declaration to establish, make and enforce compliance with such additional Rules and
Regulations as may be necessary for the operation, use, and occupancy of this Project, with
the right to amend same from time to time.
7.5.4 Owners shall be subject to such other restrictions as are set forth in the
Declaration.
7.6 Use of Common Area. Each Owner shall use the Common Area in accordance
with the purpose for which they were intended,without hindering or encroaching upon the
lawful rights of the other Owners. The Rules and Regulations may specifically give details
on the use of the Common Area.
7.7 Destruction or Obsolescence. Each Owner shall, upon becoming an Owner of
a Lot or as requested by the Association thereafter, be deemed to have executed a power of
attorney in favor of the Association, irrevocably appointing the Association attorney-in-fact
to maintain, repair, and improve the Common Area.
Longs Peak HOA Bylaws 9-6-02.wpd 17
ARTICLE VIII
BY-LAWS
8.1 Amendments. These By-laws may be amended by the Board of Directors at a
duly constituted Board meeting called for such purpose; or at a meeting of Owners called
for such purpose, by Owners representing interests of a majority of the Members, and the
written approval of the First Mortgagees or the Veterans Administration or the Department
of Housing and Urban Development, if such approvals are required by the Articles of
Incorporation or the Declaration. The notice of such Board or Association meeting shall
contain a summary of the proposed changes or a copy of such proposed changes. No
amendment shall serve to shorten the term of any Director.
8.2 Conflict. In the case of any conflict between the Articles of Incorporation and
these By-laws, the Articles shall control; in case of any conflict between the Declaration and
these By-laws, the Declaration shall control; and in the case of any conflict between the
Articles and the Declaration, the Declaration shall control.
ARTICLE IX
MORTGAGES
9.1 Notice to Association. An Owner who mortgages his, her, its or their Residence
shall notify the Board of Directors through the Management Contractor, if any, or the
President of the Board of Directors, giving the name and address of such Owner's
Mortgagee. The Association shall maintain such information in a book or list entitled
"Mortgagees of Lots".
9.2 Notice of Unpaid Assessments. The Association shall, at the request of a
Mortgagee of a Lot, report any unpaid assessments due from the Owner of such Lot.
9.3 Attendance at Meetings. A First Mortgagee shall have the right to attend any
meeting of the Members.
ARTICLE X
EVIDENCE OF OWNERSHIP AND REGISTRATION OF MAIL ADDRESS
10.1 Proof of Ownership. Any person, on becoming an Owner of a Lot, shall furnish
to the Management Contractor or Board of Directors a photocopy (or, if requested by the
Board, a certified copy) of the recorded instrument vesting that person or entity with an
interest or ownership, which instruments shall remain in the files of the Association. A
Member shall not be deemed to be in good standing nor shall he, she, it or they be entitled
to vote at any annual or special meeting unless this requirement is first met.
Longa Peak HOA Bylaws 9-6-02.wpd 18
10.2 Registration of Mailing Address. The Owners of each Lot shall have one
registered mailing address for use by the Association for mailing statements, notices,
demands and all other communications; and such registered address shall be the only
mailing address of a person or persons, firm, corporation,partnership, association, or other
legal entity, or any combination thereof, to be used by the Association. Such registered
address of an Owner or Owners shall be furnished by such Owners to the Secretary within
five (5) days after transfer of title; such registration shall be in written form and signed by
all of the owners of the Lot or by such persons as are authorized by law to represent the
interest of (all of) the Owners thereof. Registered addresses may be changed in similar
fashion. If no such address is registered, or if all of the Owners cannot agree, then the
address of the Owners shall be the address of the Lot.
10.3 Completed Requirement. The requirements contained in this Article shall be
first met before an Owner of a Lot shall be deemed in good standing and entitled to vote at
any annual or special meeting of Members.
ARTICLE XI
RESTRICTIONS
11.1 Nonprofit Corporation. This Association is not organized for profit. No
Member, member of the Board of Directors, or person from whom the Association may
receive any property or funds, shall receive or shall be lawfully entitled to receive any
pecuniary profit from the operations thereof; and in no event shall any part of the funds or
assets of the Association be paid as salary or compensation to, or distributed to, or inure to
the benefit of, any Member of the Board of Directors. The foregoing, however, shall neither
prevent nor restrict the following: (1) reasonable compensation may be paid to any
Member or Director while acting as an agent or employee of the Association for services
rendered in affecting one or more of the purposes of the Association, and (2) any member
or Director may, from time to time, be reimbursed for his or her actual and reasonable
expenses incurred in connection with the administration of the affairs of the Association.
ARTICLE XII
SEAL
The corporate seal shall consist of an impression substantially in the form of two
concentric circles with the name of the Association and the word "Colorado" between the
circles, and the word "Seal" in the center.
Longs Peak FIOA Bylaws 9-6-02.wpd 19
ARTICLE XIII
FISCAL YEAR
The fiscal year of the Association shall be as determined from time to time by the
Board of Directors.
IN WITNESS WHEREOF, the undersigned have executed these By-Laws this
day of September, 2002.
BOARD OF DIRECTORS:
r
The undersigned Secretary of Longs Peak Estates Homeowners Association, a
Colorado non-profit corporation, does hereby certify that the above and foregoing By-Laws
were duly adopted by the Board of Directors as the By-laws of the Corporation on the
day of September, 2002, and that they now constitute the By-Laws of the Corporation.
DATED this day of September, 2002.
Secretary
Longs Peak HOA Bylaws%-02.wpd 20
RINKO, LLC Phone:303.601-9230
Fax: 303-277-1583
Rinko,LLC E-Mail:johnrinko@yahoo.com
P.O. Box 28218#I6
Lakewood,Colorado 80228
May 7,2002
Mr. Kim Ogle
Lead Planner
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley,Colorado 80631
Subject: Change of Zone Plat Map Report
Longs Peak Estates, Case#Z-543
Dear Kim:
Attached please find two (2)copies of a report supporting the Change of Zone for Longs Peak Estates
PUD, Case number Z-543. The Report assembles the requested information supporting the Change
of Zone. This submittal provides the final Change of Zone Plat Map to Weld County and addresses
the conditional issues defined in the Weld County Board of County Commissioners Resolution of
October 24,2001.
r
Final draft copies of the Change of Zone Plat Map appear in Attachment 3 of the Report. Once we
receive your approval on the drawings, we will issue final copies, a signed Mylar version, and digital
files for inclusion into Attachment 14 of the Report.
Attached to this letter are the original,notarized copies of the cash-in-lieu fee payment as the
agreement reached with the St. Vrain Valley School District. Copies of these documents are included
in the Report Attachment 6. Based on input from the School District staff, we understand that these
originals are to be filed with Weld County Planning.
Our proposed mitigation efforts to Peak View Road are contained in a letter appearing in Attachment
11. Based on correspondence with Mr. Drew Scheltinga,we understand that referral of this material
from Planning to Public Works Department is the best way to provide review and approval.
We trust this package addresses the conditions of the Resolution for submittal of the final Change of
Zone Plat Map. Should you have any questions or require additional documentation, please do not
hesitate to contact me at(303) 601-9230.
Sincerely,
John Rinko, Jr., P.E.
cc: Daryl) Propp, Propp Realty
enclosure
Information delivered to
the Weld County Department of Planning Services
The Department of Planning and Zoning suggests at the time of submission all incoming
correspondence and Mylar be reviewed by the planner. In situations where this is not possible,
please complete the following information to ensure that submitted material is given to the
correct person. In absence of this information a delay in response time will likely occur.
PLEASE PRINT LEGIBLY
Date Submitted: p ^ �O � 2
List item(s) submitted / ! n ./ / ( - /L �//J( Qu�< dCY�Nc �l'�1 /��(1S. b�'��7uc t !X'4W�",`.'T[�
'tjorf (1 �op: L' t -{rn..,5LrFjo,1t<i
Person submitting innformatioh:
Name: A r)V-i t\
Telephone number(s): '3c 3 (r-.n t 9 >a°
Fax number:
Applicant:
Name: I- L., S PrglL fr J L S
Case number: 2- 7 H 3
Planner working with: \C,tv, O t
Has the recording fee for the Mylar been paid?
If no, please pay$10/per page
Submitted by:
Date: V - 1O `
Received by: /'/G/GZ
Date:
Ni a.W PFILE5\6midf ngromwiorecerving.wpd
RINKO, LLC Phone:303-601-9230
Fax:303-277-1583
Rinko,LLC E-Mail:Johnrinko@yahoo.com
12081 W.Alameda Pkwy.#254
Lakewood,Colorado 80228
TO Mr. Kim Ogle
Lead Planner DATE 6/20/02 PROJECT NO. Case#Z-543
Dept. of Planning Services Re Longs Peak Estates PUD
1555 N. 17"'Avenue
Greeley, CO 80631
SENDING ® Attached 0 Under separate cover ❑ Transmitted via
❑ Prints ® Reproducibles 0 Specifications 0 Shop Drawings
❑ Copy of Letter 0 Change Order 0 Reports
COPIES DRAWING DATE DESCRIPTION
1 2 6/20/02 Final Change of Zone Plat Map Mylars
TRANSMITTED
❑ For approval ® As requested ❑ For your use ❑ For review and comment
REMARKS
One set of reproducibles(Mylars)for Longs Peak Estates PUD Final Change of Zone Plat Map,signed by Owner and Surveyor.
COPY TO Daryll Propp with(0)Enc. jcliALX
Sean Welsch with(0)Enc. SIGNED
Rinko, Jr., Principal
RINKO, LLC Phone:303-601-9230
Fax:303-277-1583
Rinko,LW E-Mail:johnrinko@yahoo.com
12081 W.Alameda Pkwy.#254
Lakewood,Colorado 80228
August 7, 2002
Mr. Kim Ogle
Lead Planner
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, Colorado 80631
Subject: Change of Zone Plat Map Digital Files
Longs Peak Estates, Case# Z-543
Dear Kim:
Attached please find one(1) CD containing the digital file submittal for the Final Change of Zone
Plat for Longs Peak Estates PUD, Case number Z-543. This submittal provides the final Change of
Zone Plat Map drawings on digital format to Weld County as requested in Item 2J, Page 6 of the
Weld County Board of County Commissioners Resolution dated October 24,2001.
The drawings are in CAD".dwg"format, specifically AutoCAD 2000. The CD can be inserted into
Attachment 14 of the report entitled"Change of Zone Plat Map and Supporting Documents"by
Rinko, LLC dated May 2002.
We trust this package addresses the conditions of the Resolution for submittal of the final Change of
Zone Plat Map digital drawings. Should you have any questions or require additional documentation,
please do not hesitate to contact me at(303)601-9230.
Sincerely,
John Rinko,Jr., P.E.
cc: Daryll Propp, Propp Realty
enclosure
WELD COUNTY ROAD ACCESS INFORMATION SHEET •
Road File#: Date: 5/91O7
RE# :
Other Case #: a- ? 1-"is k.ics Weld County Department of Public Works
111 H Street, P.O. Box 758, Greeley,Colorado 80632
Phone: (970)356-4000,Ext.3750 Fax: (970)304-6497
1. Applicant Name Q .'atr-(1 L. - \„1,V, C2ZLL Phone 30c-Cocc - 4)-30
Address u1,01(1 W. Ale,,:<cta, tit / '�' > �u City La14wea State c o Zip sroz.).6
2. Address or Location of Access nnW )" , Ye
Section 7 Township / N Range Lir u. Subdivision — Block — Lot —
Weld County Road#: 12 Side of Road .S-ektk Distance from nearest intersection '-sou
3. Is there an existing access(es)to the property? . Yes 1 No #of Accesses Z
4. Proposed Use:
19�Permanent Q' Residential/Agricultural 0 Industrial
0 Temporary al- Subdivision 0 Commercial 0 Other •
5. Site Sketch /
!KROVAY 52
Legend for Access Description: LOWER
. BOULDER
AG = Agricultural DITCH
RES = Residential
O&G = Oil&Gas
D.R. = Ditch Road
O = House
O = Shed
BM#
PEAK
sawlr warn 12 - vlrw RI)*
3 SIT
.+ra PL 6
CS. 10 1 2 -
n rWar7C
n(.itl.
�....0 ., 10
VICINITY MAP
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
❑ Installation Authorized ❑ Information Insufficient
^ Reviewed By:
Title:
-19-
MEMORANDUM
.-. a TO: Kim Ogle, Planner III DATE: June 11, 2002
FROM: Drew Scheltinga P. E., Engineering Manager Ut_>
' SUBJECT: Z-543, Longs Peak Estates
C.
COLORADO
I have reviewed the supplemental material submitted by John Rinko dated May,2002.
The materials are complete and meet the Public Works Department requirements for recording
of the Change of Zone Plat.
The following items are required with the Final Plat application materials:
1. Final road construction plans and pavement design will be required for Avery
Court and Dawn Court including both internal and external improvements.
2. Final drainage report and drainage construction plans are required.
3. Improvements Agreements shall be submitted.
4. All landscaping in the intersection sight triangles must be less than 3.5 feet above
the road level at maturity.
5. The Change of Zone Plat shows Lot 1 to the center of Weld County Road
(WCR)12. WCR 12 between WCR's 5 and 7 is classified as an arterial road in
the proposed Road Way Classification Study. The arterial section requires a 110'
right-of-way. The Final Plat shall dedicate a 55' right-of-way on WCR 12 and
show the north line of Lot 1 to the right-of-way of WCR 12.
6. Longs Peak Estates will increase the traffic on WCR 12 approximately 30%. A
proposed off site road improvements agreement that will share the cost of future
paving, or dust control, proportional to the impact of the development will be
required at final plat application.
,,^ M:\WPFILES\DREW\Planning\z-543.wpd
Summary Response
Weld County Public Works Department
Memorandum dated June 11, 2002
Items required with Final Plat Application Materials
Response to Requested Items:
1. Final road construction plans and pavement designs are included in the Final Plan
application submittal.
2. A drainage report and plans are included in the Final Plan application submittal.
3. Improvements Agreements for private(on-site) and public (off-site) improvements
are included.
4. The landscaping plan is submitted for approval. Landscaping height limitations will
be adhered to.
5. The Final Plat has dedicated the requested right-of-way for WCR 12.
6. Public Works has requested a proposed off-site road improvements agreement to
share the cost of future impact of the development to WCR 12. In response, we
propose to have the Homeowners' Association contribute 30%of the cost for dust
control for the WCR 12 frontage of the development and extending 500 feet to the
east and west of the property boundary. We also reserve the right to perform a
traffic count study to assess the development's actual impact on WCR 12 after
completion of the buildout for impact cost contribution reassessment.
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 ( roe p t eck t1\,r \w hereinafter called "Applicant."
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following described
property in the County of Weld, Colorado:
A tract of land located in the W %2 of the NE Y, and in the NE '/e of the NW '/ of
Section 9, Township 1 North, Range 68 West of the 6th P.M., County of Weld,
State of Colorado (see full legal description on Plat Map).
WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be
'mown as Lov q.s Peak Es+ci 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 M:\WPFILES\WENDRAPRrVATE
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 lime 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.
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M:\W PFILES\WENDRAPRIVATE
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.
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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.
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M:\W PFILES\W ENDMPRIV ATE
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
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M:\WPFILES\WENDIWPRIVATE
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 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 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.
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M:\W PFILES\W ENDRAPRIVATE
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 Open Spaces: When the Board of County Commissioners,pursuant to a
rezoning,Subdivision or Planned Unit Development,requires the dedication,development
and/or reservation of areas or sites other than Subdivision or Planned Unit Development
streets and utility easements of a character, extent and location suitable for public use for
parks, greenbelts or schools, said actions shall be secured in accordance with one of the
following alternatives,or as specified in the Planned Unit Development(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. Any 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.
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7 M:\WPFILES\WENDI\APRIVATE
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 ,Z0—
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
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8 M:\WPFILES\WENDRAPRIVATE
EXHIBIT"A"
Name of Subdivision
or Planned Unit Development: L ov\ c PPGk r- >S-1-Ct"f eS
Filing:
Location:
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
no[apply)
Sec A-H-uCkl .e L c" e-
Improvements Ouantity Units Unit Estimated
Costs Construction Cost
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(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: 419, 7 y 2
Engineering and Supervision Costs $ 3U, OO0 ( S v\citc (t) ;l-<uAMr eldLc.It)
(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 $ Sq 7 1
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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 MAWPFILES\WENDPAPRIVATE
ESTIMATED IMPROVEMENTS COSTS
PROJECT: LONGS PEAK ESTATES
SUBJECT: COST ESTIMATE-PRIVATE(ON-SITE)IMPROVEMENTS
TOTAL
ITEM NO. DESCRIPTION UNITS QUANTITY UNIT COST
COST
MISCELLANEOUS
.,,,„ 12 INCH STEEL CASING FOR QRY UTILITIES LF 80 $52.00 $4,160
UNCLASSIFIED EXCAVATION(COMPLETE IN PLACE) CY 4031 ' $2.50 ' $10,078
EMBANKMENT MATERIAL(COMPLETE IN PLACE) CY 1557 , $2.50 $3,893
REMOVAL OF 42"CMP LF 20 $100.00 $2,000
CLEARING AND GRUBBING SY 13426 $1.00 $13,426
SUBTOTAL $33,556
EROSION CONTROL
SILT FENCE LF 2460 $2.75 $6,765
EROSION BALE SEDIMENT FILTERS EACH 8 $12.00 $96
SUBTOTAL $6,861
STORM SEWER&IRRIGATION DITCH
12 INCH RCP PIPE LF 164 $20.00 $3,280
15 INCH HDPE IRRIGATION LATERAL LF 270 $20.00 $5,400
18 INCH RCP PIPE, CLASS III PIPE LF 95 $34.00 $3,230
18 INCH HDPE PIPE(ADS N-12 OR EQUIVALENT) LF 71 $25.00 $1,775
24 INCH HDPE LF 93 $30.00 $2,790
42 INCH RCP PIPE,CLASS III PIPE LF 90 $95.00 $8,550
_
12 INCH RCP FLARED END SECTION EACH 2 $400.00 $800
15 INCH HOPE FLARED END SECTION EACH 4 $400.00 $1,600
18 INCH HOPE FLARED END SECTION(ADS OR EQUIVALENT) EACH 4 $460.00 $1,840
18 INCH RCP FLARED END SECTION EACH 2 $505.00 $1,010
24 INCH HDPE FLARED END SECTION EACH 2 $500.00 $1,000
42 INCH RCP FLARED END SECTION EACH 2 $750.00 $1,500
2'CONCRETE TRICKLE PAN SY 38 $11.00 $413
RIPRAP CY 10 $67.00 $688
COOT TYPE C MODIFIED EACH 2 $2,500.00 $5,000
SUBTOTAL $38,876
ROADWAY
6 INCH HOT BITUMINOUS PAVEMENT,GRADING S SY 5057 $15.00 $75,860
6 INCH AGGREGATE BASE COURSE,CLASS 6(4'SHOULDER) CY 189 $54.00 $10,206
(1) 9 INCH AGGREGATE BASE COURSE,CLASS 6(UNPAVED DAWN COURT) CY 352 $54.00 $19,034
CURB&GUTTER, CDOT TYPE 2 LF 220 $17.00 $3,740
SUBTOTAL $108,840
WATERLINE
2 INCH GATE VALVES EACH 3 $350.00 $1,050
6 INCH GATE VALVES EACH 3 $650.00 $1,950
6 INCH C-900 PLASTIC WATERLINE PIPE LF 37 $18.00 $666
8 INCH GATE VALVES EACH 9 $705.00 $6,345
8 INCH C-900 PLASTIC WATERLINE PIPE LF 3134 $20.50 $64,247
FIRE HYDRANTS(LEFT HAND WATER DISTRICT APPROVED) EACH 3 $2,375.00 $7,125
1.5 INCH TYPE"K"COPPER WATERLINE PIPE(MAIN TO METER) LF 386 $20.00 $7,720
1.5 INCH METER&VAULT(LEFT HAND WATER DISTRICT APPROVED) EACH 8 $2,695.00 $21,560
5/8 INCH METER&VAULT(LEFT HAND WATER DISTRICT APPROVED) EACH 2 $1,000.00 $2,000
.0'-' 8"TO 2" REDUCER EACH 1 $200.00 $200
_
2 INCH PIPE (AT DAWN EX-WATERLINE INTERSECTION) LF 10 $12.00 $120
16 INCH STEEL CASING PIPE&SKIDS LF 80 $62.0O $4,960
45°WATERLINE MAIN BEND EACH 2 $150.00 $300
22.5°WATERLINE MAIN BEND EACH 4 $150.00 $600
SUBTOTAL $118,843
ESTIMATED IMPROVEMENTS COSTS
PROJECT: LONGS PEAK ESTATES
SUBJECT: COST ESTIMATE-PRIVATE(ON-SITE)IMPROVEMENTS
ITEM NO. DESCRIPTION UNITS QUANTITY UNIT COST TOTAL
COST
LANDSCAPING
LANDSCAPING LUMP_ 1 $101,800 $101,800
MONUMENT SIGN inc.above_
FLAGSTONE MARKERS ENGRAVED inc.above
GAZEBO inc.above
SUBTOTAL $101,800
UTILITIES
TELEPHONE LUMP 1 $10,000.00 $10,000
GAS LUMP 1 $20,000.00 $20,000
ELECTRIC LUMP 1 $10,000.00 $10,000
WATER TRANSFER LUMP 1 N/A
SUBTOTAL $40,000
TOTAL $448,776
(1) Off-site(Private)work effort
STATEMENTS OF PROBABLE CONSTRUCTION COST AND DETAILED COST ESTIMATES PREPARED BY THE ENGINEER
REPRESENT THE ENGINEER'S BEST JUDGMENT AS A DESIGN PROFESSIONAL FAMILIAR WITH THE CONSTRUCTION
INDUSTRY. IT IS RECOGNIZED,HOWEVER,THAT THE ENGINEER HAS NO CONTROL OVER THE COST OF LABOR,
MATERIALS,EQUIPMENT,THE CONTRACTOR'S METHODS OF DETERMINING BID PRICES,OR THE COMPETITIVE BIDDING
OR MARKET CONDITIONS. ACCORDINGLY,THE ENGINEER CANNOT AND DOES NOT GUARANTEE THAT BIDS WILL NOT
VARY FROM ANY STATEMENT OF PROBABLE CONSTRUCTION COST OR OTHER COST ESTIMATES PREPARED THE
ENGINEER.
r
EXHIBIT"B"
Name of Subdivision
or Planned Unit Development: L n y\ ,c Ye ck\c L c{-c.C1 S
Filing:
Location:
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 3 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 4- (r, V40%1%14\ cnr1/44f'tac-/'br.
Street base s c h edw r.Ls A",..oct ftiC
Street paving pro rA -Q'1 %MP4S.
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:
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11 M:\WPFILES\WENDnAPRIVATE
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 M:\WPFILES\WENDI\APRIVATE
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,
Pr
hereinafter called "County," and op p lRecktty \w hereinafter called "Applicant."
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following described
property in the County of Weld, Colorado:
A tract of land located in the W %2 of the NE '/, and in the NE 'A of the NW '/4 of
Section 9, Township 1 North, Range 68 West of the 6th P.M., County of Weld,
State of Colorado (see full legal description on Plat Map).
WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be
known as Lov q$ Peck L S-kites 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.
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1 M:\WPFILES\WENDI\APRIVATE
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.
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M:\W PFILES\WENDI\APRIVATE
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.
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3 M:\WPFILES\WENDMPRIVATE
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 dated 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.
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MAW PFILES\W END MPRI V ATE
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.
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M:\WPFILES\W ENDIW PRI V ATE
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 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 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.
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M:\WPFILES\WENDIW PRIVATE
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 Open Spaces: When the Board of County Commissioners, pursuant to a
rezoning,Subdivision or Planned Unit Development,requires the dedication,development
and/or reservation of areas or sites other than Subdivision or Planned Unit Development
streets and utility easements of a character, extent and location suitable for public use for
parks, greenbelts or schools, said actions shall be secured in accordance with one of the
following alternatives,or as specified in the Planned Unit Development(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. Any 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.
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M:\W PFILES\WENDI\APRIVATE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
APPLICANT:
APPLICANT:
TITLE:
20
Subscribed and sworn to before me this day of�—
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
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8 M:\WPFILES\WENDRAPRIVATE
EXHIBIT"A"
Name of Subdivision t�
or Planned Unit Development: L o t a pecik P.S Tc=t 11 eS
Filing:
Location:
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) 1 t c_
Improvements Quantity Units Unit Estimated
Costs Construction Cost
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(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: 429, 7412
Engineering and Supervision Costs $ 3U, O 0 ( less v,ott ( t) '<w t9r 0114-s:1-e
)
(Testing, inspection,as-built plans and work in addition to preliminary and final plat; supervision of actual
construction by contractors)
r
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 4 , Z
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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.)
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10 M:\WPFILES\WENDI\APRIVATE
ESTIMATED IMPROVEMENTS COSTS
PROJECT: LONGS PEAK ESTATES
SUBJECT: COST ESTIMATE-PRIVATE(ON-SITE)IMPROVEMENTS
ITEM NO. DESCRIPTION UNITS QUANTITY UNIT COST TOTAL
COST
•
MISCELLANEOUS
_ . 12 INCH STEEL.CASING FOR DRY UTILITIES . LF 80 $52.00 $4,160
UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE) CY - 4031 $2.50 $10,078
EMBANKMENT MATERIAL(COMPLETE IN PLACE) CY 1557 $2.50 $3,893
REMOVAL OF 42"CMP LF 20 $100.00 $2,000
CLEARING AND GRUBBING SY 13426 $1.00 $13,426
SUBTOTAL $33,556
EROSION CONTROL
SILT FENCE LF 2460 $2.75, $6,765
EROSION BALE SEDIMENT FILTERS EACH 8 $12.0O $96
SUBTOTAL $6,861
STORM SEWER&IRRIGATION DITCH
12 INCH RCP PIPE LF 164 $20.00 $3,280
15 INCH HDPE IRRIGATION LATERAL LF 270 $20.00 $5,400
18 INCH RCP PIPE,CLASS III PIPE LF 95 $34.00 $3,230
18 INCH HDPE PIPE(ADS N-12 OR EQUIVALENT) LF 71 $25.00 $1,775
_�_24 INCH HDPE LF 93 $30.00 $2,790
42 INCH RCP PIPE,CLASS III PIPE LF 90 $95.00 $8,550
12 INCH RCP FLARED END SECTION EACH 2 $400.00 $800
15 INCH HDPE FLARED END SECTION EACH 4 $400.00 $1,600
18 INCH HDPE FLARED END SECTION(ADS OR EQUIVALENT) EACH 4 $460.00 $1,840
18 INCH RCP FLARED END SECTION EACH 2 $505.00 $1,010
24 INCH HDPE FLARED END SECTION EACH 2 $500.00 $1,000
42 INCH RCP FLARED END SECTION EACH 2 $750.00 $1,500
2'CONCRETE TRICKLE PAN SY 38 $11.00 $413
RIPRAP CY 10 $67.00 $688
CDOT TYPE C MODIFIED EACH 2 $2,500.00 $5,000
SUBTOTAL $38,876
ROADWAY
6 INCH HOT BITUMINOUS PAVEMENT,GRADING S SY 5057 $15.00 $75,860
6 INCH AGGREGATE BASE COURSE,CLASS 6(4'SHOULDER) CY 189 $54.00 $10,206
(1) 9 INCH AGGREGATE BASE COURSE,CLASS 6(UNPAVED DAWN COURT) CY 352 $54.00 $19,034
CURB&GUTTER, CDOT TYPE 2 LF 220 $17.00 $3,740
SUBTOTAL $108,840
WATERLINE
2 INCH GATE VALVES EACH 3 $350.00 $1,050
6 INCH GATE VALVES EACH 3 $650.00 $1,950
6 INCH C-900 PLASTIC WATERLINE PIPE LF 37 $18.00 $666
8 INCH GATE VALVES EACH 9 $705.06 $6,345
_
8 INCH C-900 PLASTIC WATERLINE PIPE LF 3134 $20.50 $64,247
FIRE HYDRANTS(LEFT HAND WATER DISTRICT APPROVED) EACH 3 $2,375.00 $7,125
1.5 INCH TYPE"K"COPPER WATERLINE PIPE(MAIN TO METER) LF 386 - $20.00 $7,720
1.5 INCH METER&VAULT(LEFT HAND WATER DISTRICT APPROVED) EACH 8 $2,695.06 $21,560
5/8 INCH METER&VAULT(LEFT HAND WATER DISTRICT APPROVED) EACH 2 $1,000.00 $2,000
8"TO 2"REDUCER EACH 1 $200.00 $200
2 INCH PIPE (AT DAWN EX-WATERLINE INTERSECTION) LF 10 $12.00 $120
16 INCH STEEL CASING PIPE &SKIDS LF 80 $62.00 $4,960
45°WATERLINE MAIN BEND EACH 2 $150.00 $300
22.5°WATERLINE MAIN BEND EACH 4 $150.00 $600
SUBTOTAL $118,843
ESTIMATED IMPROVEMENTS COSTS
PROJECT: LONGS PEAK ESTATES
SUBJECT: COST ESTIMATE-PRIVATE(ON-SITE)IMPROVEMENTS
ITEM NO. DESCRIPTION UNITS QUANTITY UNIT COST TOTAL
COST
LANDSCAPING
LANDSCAPING LUMP 1 $101,800 $101,800_
MONUMENT SIGN inc.above
FLAGSTONE MARKERS ENGRAVED inc.above
GAZEBO inc.above
SUBTOTAL $101,800
UTILITIES
TELEPHONE LUMP 1 $10,000.00 $10,000
GAS LUMP 1 $20,000.00 $20,000
ELECTRIC LUMP 1 $10,000.00 $10,005
WATER TRANSFER LUMP 1 N/A
SUBTOTAL $40,000
TOTAL $448,776
(1) Off-site(Private)work effort
STATEMENTS OF PROBABLE CONSTRUCTION COST AND DETAILED COST ESTIMATES PREPARED BY THE ENGINEER
REPRESENT THE ENGINEER'S BEST JUDGMENT AS A DESIGN PROFESSIONAL FAMILIAR WITH THE CONSTRUCTION
INDUSTRY. IT IS RECOGNIZED, HOWEVER,THAT THE ENGINEER HAS NO CONTROL OVER THE COST OF LABOR,
MATERIALS,EQUIPMENT,THE CONTRACTOR'S METHODS OF DETERMINING BID PRICES,OR THE COMPETITIVE BIDDING
OR MARKET CONDITIONS. ACCORDINGLY,THE ENGINEER CANNOT AND DOES NOT GUARANTEE THAT BIDS WILL NOT
VARY FROM ANY STATEMENT OF PROBABLE CONSTRUCTION COST OR OTHER COST ESTIMATES PREPARED THE
ENGINEER.
EXHIBIT"B"
Name of Subdivision
or Planned Unit Development: L (?y\ C Y'e a\C I S 4-u4 e S
Filing:
Location:
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 3 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 4- („- w o\+FU\ c 00.4 1'nkcbb\A .
Street base s c k-,erl.l' rAcs
Street paving �rr,Srnw` -ok-evAt ,.fs
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:
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I 1 M:\WPFILES\WENDRAPRIVATE
• 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.)
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12 M:\WPFILES\WENDMPRIVATE
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 -Pro pp ck,„1}Y \,,,e , hereinafter ca icd "Applicant."
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following described
property in the County of Weld, Colorado:
A tract of land located in the W 'V2 of the NE %4 and in the NE '/a of the NW Ya of
Section 9, Township 1 North, Range 68 West of the 6th P.M., County of Weld,
State of Colorado (see full legal description on Plat Map).
WHEREAS, a final Subdivision/Planned Unit Development (PUD) Plat of said property, to be
known as Lov, 3 Peovlc [sl-c&+cj 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 a'td 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 imp:)vements.
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
construcdn contract. Before acceptance of the roads withi„ the Subdivision or
Planned Unit Development by the County, Applicant shall furnish one set of
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M:\WPFILES\WENDI\APUBLIC
reproducible "as-built" drawings and a final statement of construction cost to the
County.
2.0 Rights-of-way and Easements: Before commencing the construction of any improvements
herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights-
of-way and easements on all lands and facilities traversed by the proposed improvements.
All such rights-of-way and easements used for the construction of roads to be accepted by
the County shall be conveyed to the County and the documents of conveyance shall be
furnished to the County for recording.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or
Planned Unit Development improvements listed on Exhibit"A,"which is attached hereto
and incorporated herein by reference, according to the construction schedule set out in
Exhibit"B"also attached hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a Subdivision or Planned Unit Development is proposed
within three miles of an incorporated community located in Weld County or located
in any adjacent county, the Applicant shall be required to install improvements in
accordance with the requirements and standards that vt.:.ld exist if the plat were
developed within the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards at the time the
Subdivision or Planned Unit Development is proposed, the requirements and
standards of the County shall be adhered to. If both the incorporated community
and the County have requirements and standards,those requirements and standards
that are more restrictive shall apply.
3.2 Applicant shall employ,at its own expense,a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and
inspect, or to require testing and inspection of material and work, at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems, water, gas, electric and telephone
services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed,
according to the terms of this Agreement, within the construction schedule
appearing in Exhibit"B." The Board of County Commissioners,at its option,may
grant an extension of the time of completion shown on Exhibit"B"upon application
by the Applicant subject to the terms of Section 6 herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits, actions or claims of
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2 M:\WPFILES\WENDMPUBLIC
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
3 Revised 07/01/2002
M:\W PFILES\W ENDI\APUBLIC
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 ITE Trip Generation Manual. Any
question about the number of trips a Subdivision, Resubdivision, or Planned Unit
Development will generate shall be decided by the County Engineer.
5.7 The term for which the subdivider,applicant,or owner is entitled to reimbursement
under the off-site improvements agreement,entered into between the subdivider and
the County, is ten years from the date of execution of a contract for road
improvements.
5.8 This provision is not intended to create any cause of action against Weld County or
its officers or employees by any subdivider,applicant,or owner for reimbursement,
and in no way is Weld County to be considered a guarantor of the monies to be
reimbursed by the subsequent subdividers, applicants, or owners.
6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following
procedures by the Applicant,streets within a Subdivision or Planned Unit Development may
be accepted by the County as a part of the County road system and will be maintained and
repaired by the County.
6.1 If desired by the County,portions of street improvements may be placed in service
when completed according to the schedule shown on Exhibit"B,"but such use and
operation shall not constitute an acceptance of said portions.
6.2 County may,at its option, issue building permits for construction on lots for which
street improvements detailed herein have been started but not completed as shown
on Exhibit"B,"and may continue to issue building permits so long as the progress
4 Revised 07/01/2002
M AWPFILES\WENDMPUDLIC
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
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5
M:\WPFILES\W ENDIW PUBLIC
•
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 imp:'.vements 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 aryl 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
6 Revised 07/01/2002
M:\WPF ILES\WEN DI\APUBLIC
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.
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7 M:\W PFILES\W ENDM PUBLIC
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 M:\WPFILES\WENDI\APUBLIC
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 In 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 M1WPFILES\WEND'WPUBLIC
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
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10 M:\WPFILES\WENDI\APUBLIC
EXHIBIT"A"
�-. Name of Subdivision
or Planned Unit Development: h o 1„ _c PeocV. E s -cs
Filing:
Location:
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.) Sec }' ei,( cxk c-
if-improvements Quantity Units Unit Estimated
Costs Construction Cost
Site grading
Street grading
Street base 3 53- C-)/ AS+!-vo a l9, °ail
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(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: rq, D3 q
Engineering and Supervision Costs $ 5,,0 G
(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 $ 1-14 J3 I/
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11 M:\WPFII,ES\WENDIWPUBLIC
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.)
r
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12 M:\WPFILES\WENDT\APUBLIC
ESTIMATED IMPROVEMENTS COSTS
Pk.jJECT: LONGS PEAK ESTATES
SUBJECT: COST ESTIMATE-PRIVATE(ON-SITE)IMPROVEMENTS
ITEM NO. DESCRIPTION UNITS QUANTITY UNIT COST TOTAL
COST
MISCELLANEOUS
12 INCH STEEL CASING FOR DRY UTILITIES LF 80 $52.00 $4,160
_
UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE) CY 4031 $2.50 $10,078
EMBANKMENT MATERIAL(COMPLETE IN PLACE) CY 1557 $2.50 $3,893-
REMOVAL OF 42"CMP LF 20 $100.00 $2,000
CLEARING AND GRUBBING SY 13426 $1.00 $13,426
SUBTOTAL _ - $33,556
EROSION CONTROL
SILT FENCE LF 2460 $2.75 $6,765
EROSION BALE SEDIMENT FILTERS EACH 8 $12.00 $96
SUBTOTAL $6,861
STORM SEWER&IRRIGATION DITCH
12 INCH RCP PIPE LF 164 $20.00 $3,280
15 INCH HDPE IRRIGATION LATERAL LF 270 $20.00 $5,400
18 INCH RCP PIPE, CLASS III PIPE LF 95 $34.00 $3,230
18 INCH HDPE PIPE(ADS N-12 OR EQUIVALENT) LF 71 $25.00 $1,775
24 INCH HDPE LF 93 $30.00 $2,790
^- 42 INCH RCP PIPE,CLASS III PIPE LF 90 $95.00 $8,550
- '12 INCH RCP FLARED END SECTION EACH 2 $400.00 $800
-
15 INCH HDPE FLARED END SECTION EACH 4 $400.00 $1,600
18 INCH HDPE FLARED END SECTION (ADS OR EQUIVALENT) EACH 4 $460.00 $1,840
18 INCH RCP FLARED END SECTION EACH 2 $505.00 $1,010
24 INCH HDPE FLARED END SECTION EACH 2 $500.00 $1,000
42 INCH RCP FLARED END SECTION EACH 2 $750.00 $1,500
2'CONCRETE TRICKLE PAN SY 38 $11.00 $413
RIPRAP CY 10 $67.00 $688
CDOT TYPE C MODIFIED EACH 2 $2,500.00 $5,000
SUBTOTAL $38,876
ROADWAY
6 INCH HOT BITUMINOUS PAVEMENT,GRADING S SY 5057 $15.00 $75,860
6 INCH AGGREGATE BASE COURSE,CLASS 6(4'SHOULDER) CY 189 $54.00 $10,206
(1) 9 INCH AGGREGATE BASE COURSE, CLASS 6(UNPAVED DAWN COURT) CY 352 $54.00 $19,034
CURB&GUTTER,CDOT TYPE 2 LF 220 $17.00 $3,740
SUBTOTAL $108,840
WATERLINE
2 INCH GATE VALVES EACH 3 $350.00 $1,050
6 INCH GATE VALVES EACH 3 $650.00 $1,950
6 INCH C-900 PLASTIC WATERLINE PIPE LF 37 $18.00 $666
8 INCH GATE VALVES EACH 9 $705.00 $6,345
8 INCH C-900 PLASTIC WATERLINE PIPE LF 3134 $20.50 $64,247
FIRE HYDRANTS(LEFT HAND WATER DISTRICT APPROVED) EACH 3 $2,375.00 $7,125
1.5 INCH TYPE"K"COPPER WATERLINE PIPE(MAIN TO METER) LF 386 $20.00 $7,720
1.5 INCH METER&VAULT(LEFT HAND WATER DISTRICT APPROVED) EACH 8 $2,695.00 $21,560
5/8 INCH METER&VAULT(LEFT HAND WATER DISTRICT APPROVED) EACH 2 $1,000.00 $2,000
8"TO 2"REDUCER EACH 1 $200.00 $200
2 INCH PIPE(AT DAWN EX-WATERLINE INTERSECTION) LF 10 $12.00 $120
16 INCH STEEL CASING PIPE&SKIDS LF 80 $62.00 $4,960
45°WATERLINE MAIN BEND EACH 2 $150.00 $300
22.5°WATERLINE MAIN BEND EACH 4 $150.00 $600
SUBTOTAL $118,843
ESTIMATED IMPROVEMENTS COSTS
Pa.�JECT: LONGS PEAK ESTATES
SUBJECT: COST ESTIMATE-PRIVATE(ON-SITE)IMPROVEMENTS
ITEM NO. DESCRIPTION UNITS QUANTITY UNIT COST TOTAL
COST
LANDSCAPING
LANDSCAPING LUMP 1 $101,800 $101,800
MONUMENT SIGN inc.above
FLAGSTONE MARKERS ENGRAVED inc.above
GAZEBO inc.above
SUBTOTAL $101,800
UTILITIES
TELEPHONE LUMP 1 $10,000.00 $10,000
GAS LUMP 1 $20,000.00 $20,000
ELECTRIC LUMP 1 $10,000.00 $10,000
WATER TRANSFER LUMP 1 N/A
SUBTOTAL $40,000
TOTAL $448,776
(1) Off-site(Private)work effort
STATEMENTS OF PROBABLE CONSTRUCTION COST AND DETAILED COST ESTIMATES PREPARED BY THE ENGINEER
REPRESENT THE ENGINEER'S BEST JUDGMENT AS A DESIGN PROFESSIONAL FAMILIAR WITH THE CONSTRUCTION
INDUSTRY. IT IS RECOGNIZED,HOWEVER,THAT THE ENGINEER HAS NO CONTROL OVER THE COST OF LABOR,
MATERIALS, EQUIPMENT,THE CONTRACTOR'S METHODS OF DETERMINING BID PRICES,OR THE COMPETITIVE BIDDING
OR MARKET CONDITIONS. ACCORDINGLY,THE ENGINEER CANNOT AND DOES NOT GUARANTEE THAT BIDS WILL NOT
VARY FROM ANY STATEMENT OF PROBABLE CONSTRUCTION COST OR OTHER COST ESTIMATES PREPARED THE
ENGINEER.
EXHIBIT"B"
Name of Subdivision
or Planned Unit Development: 1— 0 v c_s a IC £ S 4 c&tom.s
Filing:
Location:
All improvements shall be completed within 3 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 /j- Co--u nt.i. C ;c.,
Street grading s ; h•ocluly i S «ssuw.rc{ Pc,1-
Street base c-3rs'S .nu1 •-aZ\-c c-ej
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:
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13 M:1WPF1LES',WENDPAPUBL1C
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 :N:\WPFILES\WENDIWPUBLIC
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 P, r h \ ,cn t�, , hereinafter ca.ied "Applicant."
WITNESSETH:
•
WHEREAS, Applicant is the owner of, or has a controlling interest in the following described
property in the County of Weld, Colorado:
A tract of land located in the W %2 of the NE '/ and in the NE '/a of the NW '/4 of
Section 9, Township 1 North, Range 68 West of the 6th P.M., County of Weld,
State of Colorado (see full legal description on Plat Map).
WHEREAS, a final Subdivision/Planned Unit Development (PUD) Plat of said property, to be
known as Lov,as Remy__ &sl +cS 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, LN CONSIDERATION OF the foregoing a.id 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 withi„ the Subdivision or
Planned Unit Development by the County, Applicant shall furnish one set of
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1 M:\WPFILES\WENDI\APUBLIC
reproducible "as-built" drawings and a final statement of construction cost to the
County.
2.0 Rights-of-way and Easements: Before commencing the construction of any improvements
herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights-
of-way and easements on all lands and facilities traversed by the proposed improvements.
All such rights-of-way and easements used for the construction of roads to be accepted by
the County shall be conveyed to the County and the documents of conveyance shall be
furnished to the County for recording.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or
Planned Unit Development improvements listed on Exhibit "A,"which is attached hereto
and incorporated herein by reference, according to the construction schedule set out in
Exhibit"B"also attached hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a Subdivision or Planned Unit Development is proposed
within three miles of an incorporated community located in Weld County or located
in any adjacent county,the Applicant shall be required to install improvements in
accordance with the requirements and standards that wt,-.1d exist if the plat were
developed within the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards at the time the
Subdivision or Planned Unit Development is proposed, the requirements and
standards of the County shall be adhered to. If both the incorporated community
and the County have requirements and standards,those requirements and standards
that are more restrictive shall apply.
3.2 Applicant shall employ,at its own expense,a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and
inspect, or to require testing and inspection of material and work, at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems,water, gas, electric and telephone
services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed,
according to the terms of this Agreement, within the construction schedule
appearing in Exhibit"B." The Board of County Commissioners,at its option,may
grant an extension of the time of completion shown on Exhibit"B"upon application
by the Applicant subject to the terms of Section 6 herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits, actions or claims of
Revised 07/01/2002
2 MAWPFILES\WENDMPUBLIC
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 imprc""ements.
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
3 Revised 07/01/2002
M:\WPFILES\WENDRAPUBL1C
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 ITE Trip Generation Manual. Any
question about the number of trips a Subdivision, Resubdivision, or Planned Unit
Development will generate shall be decided by the County Engineer.
5.7 The term for which the subdivider,applicant,or owner is entitled to reimbursement
under the off-site improvements agreement,entered into between the subdivider and
the County, is ten years from the date of execution of a contract for road
improvements.
5.8 This provision is not intended to create any cause of action against Weld County or
its officers or employees by any subdivider,applicant,or owner for reimbursement,
and in no way is Weld County to be considered a guarantor of the monies to be
reimbursed by the subsequent subdividers, applicants, or owners.
6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following
procedures by the Applicant,streets within a Subdivision or Planned Unit Development may
be accepted by the County as a part of the County road system and will be maintained and
repaired by the County.
6.1 If desired by the County,portions of street improvements may be placed in service
when completed according to the schedule shown on Exhibit"B,"but such use and
operation shall not constitute an acceptance of said portions.
6.2 County may,at its option, issue building permits for construction on lots for which
street improvements detailed herein have been started but not completed as shown
on Exhibit"B,"and may continue to issue building permits so long as the progress
4 Revised 07/01/2002
M:\W PFILES\W ENDMPUBLIC
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 restrictiois on those portions of the
property that are not covered by collateral which will prohibit the conveyance of the
5 Revised 07/01/2002
:NAWPEILES\WENDIWPUBLIC
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 imp;..vements 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 a:-/-1 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
6 Revised 07/0I/2002
M:\W PF I L ES\WEN DI\APU BLIC
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 of financial
institution.
8.3.4 If Weld County determines there is a default of the Improvements
Agreement,the escrow agent,upon request by the County,shall release any
remaining escrowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of
Colorado in an amount equivalent to One-Hundred percent(100%)of the value of
the improvements as specified in the Improvements Agreement.
Revised 07/01/2002
7 M:\W PFILES\W ENDRAPUBLIC
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 Fngineer.
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 M:\WPFILES\WENDIWPUBLIC
streets and utility easements of a character, extent and location suitable for public use for
parks, greenbelts or schools, said actions shall be secured in accordance with one of the
following alternatives, or as specified in the Planned Unit Development plan, if any:
10.1 The required acreage, as may be determined by relevant Sections of the Weld
County Code,shall be dedicated to the County or the appropriate school district,for
one of the above purposes. Any area so dedicated shall be maintained by the
County or school district.
10.2 The required acreage,as determined by relevant Sections of the Weld County Code
may be reserved through deed restrictions as open area, the maintenance of which
shall be a specific obligation in the deed of each lot within the Subdivision or
Planned Unit Development.
10.3 In lieu of land,the County may require a payment to the County in an amount equal
to the market value at the time of Final Plat submission of the required acreage as
determined by relevant Sections of the Weld County Code. Such value shall be
determined by a competent land appraiser chosen jointly by the Board and the
Applicant. The cash collected shall be deposited in ,n 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:
I I ILE:
Subscribed and sworn to before me this day of , 20
My Commission expires:
Notary Public
Revised 07/01/2002
9 M:\WPFILES\WENDIUPUDLIC
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board , Chair
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
Revised 07/01/2002
10 M:\WPFILES\WENDI\APUBLIC
EXHIBIT "A"
�-. Name of Subdivision
or Planned Unit Development: I o g_c 7 cAC. E s fc $
Filing:
Location:
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.) .Sec 4 cb foc cAUc
Improvements Quantity Units Unit Estimated
Costs Construction Cost
Site grading
Street grading
Street base 3 S1 C..y Ati H-oo a t4, 03�
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(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: I rq, O3
Engineering and Supervision Costs $ ocX-
(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 $ )-N� O3/
Revised 07/0 I/2002
1 1 M:\WPFILES\WENDI\APUBLIC
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 M:\WPFILES\WENDM PUBLIC
ESTIMATED IMPROVEMENTS COSTS
PkvJECT: LONGS PEAK ESTATES
SUBJECT: COST ESTIMATE-PRIVATE(ON-SITE)IMPROVEMENTS
ITEM NO. DESCRIPTION UNITS QUANTITY UNIT COST TOTAL
COST
MISCELLANEOUS
12 INCH STEEL CASING FOR DRY UTILITIES LF 80 $52.00 $4,160
UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE) CY 4031 $2.50 $10,078
EMBANKMENT MATERIAL(COMPLETE IN PLACE) CY 1557 $2.50 $3,893
REMOVAL OF 42"CMP LF 20 $100.00 $2,000
CLEARING AND GRUBBING SY 13426 $1.00 $13,426
SUBTOTAL $33,556
-
EROSION CONTROL
SILT FENCE LF 2460 $2.75 $6,765
EROSION BALE SEDIMENT FILTERS EACH 8 $12.00 $96
SUBTOTAL $6,861
STORM SEWER&IRRIGATION DITCH
12 INCH RCP PIPE LF 164 $20.00 $3,280
15 INCH HDPE IRRIGATION LATERAL LF 270 $20.00 $5,400
18 INCH RCP PIPE, CLASS III PIPE LF 95 $34.00 $3,230
18 INCH HDPE PIPE(ADS N-12 OR EQUIVALENT) LF 71 $25.00 $1,775
24 INCH HDPE LF 93 $30.00 $2,790
-^_42 INCH RCP PIPE, CLASS III PIPE LF 90 $95.00 $8,550
_12 INCH RCP FLARED END SECTION EACH 2 $400.00 $800
15 INCH HDPE FLARED END SECTION EACH 4 $400.00 $1,600
18 INCH HDPE FLARED END SECTION (ADS OR EQUIVALENT) EACH 4 $460.00 $1,840
18 INCH RCP FLARED END SECTION EACH 2 $505.00 $1,010
24 INCH HDPE FLARED END SECTION EACH 2 $500.00 $1,000
42 INCH RCP FLARED END SECTION EACH 2 $750.00 $1,500
2'CONCRETE TRICKLE PAN SY 38 $11.00 $413
RIPRAP CY 10 $67.00 $688
CDOT TYPE C MODIFIED EACH 2 $2,500.00 $5,000
SUBTOTAL $38,876
ROADWAY
6 INCH HOT BITUMINOUS PAVEMENT, GRADING S SY 5057 $15.00 $75,860
6 INCH AGGREGATE BASE COURSE,CLASS 6(4'SHOULDER) CY 189 $54.00 $10,206
(1) 9 INCH AGGREGATE BASE COURSE,CLASS 6(UNPAVED DAWN COURT) CY 352 $54.00 $19,034
CURB&GUTTER, CDOT TYPE 2 LF 220 $17.00 $3,740
SUBTOTAL $108,840
WATERLINE
2 INCH GATE VALVES EACH 3 $350.00 $1,050
6 INCH GATE VALVES EACH 3 $650.00 $1,950
6 INCH C-900 PLASTIC WATERLINE PIPE LF 37 $18.00 $666
8 INCH GATE VALVES EACH 9 $705.00 $6,345
8 INCH C-900 PLASTIC WATERLINE PIPE LF 3134 $20.50 $64,247
FIRE HYDRANTS(LEFT HAND WATER DISTRICT APPROVED) EACH 3 $2,375.00 $7,125
1.5 INCH TYPE"K"COPPER WATERLINE PIPE(MAIN TO METER) LF 386 $20.00 $7,720
1.5 INCH METER&VAULT(LEFT HAND WATER DISTRICT APPROVED) EACH 8 $2,695.00 $21,560
5/8 INCH METER&VAULT(LEFT HAND WATER DISTRICT APPROVED) EACH 2 $1,000.00 $2,000
8"TO 2"REDUCER EACH 1 $200.00 $200
_ 2 INCH PIPE(AT DAWN EX-WATERLINE INTERSECTION) LF 10 $12.00 $120
16 INCH STEEL CASING PIPE&SKIDS LF 80 $62.00 $4,960
450 WATERLINE MAIN BEND EACH 2 $150.00 $300
22.5°WATERLINE MAIN BEND EACH 4 $150.00 $600
SUBTOTAL $118,843
ESTIMATED IMPROVEMENTS COSTS
P.-JECT: LONGS PEAK ESTATES
SUBJECT: COST ESTIMATE-PRIVATE(ON-SITE)IMPROVEMENTS
ITEM NO. DESCRIPTION UNITS QUANTITY UNIT COST TOTAL
COST
LANDSCAPING
LANDSCAPING LUMP 1 $101,800 $101,800
MONUMENT SIGN inc.above
FLAGSTONE MARKERS ENGRAVED inc.above
GAZEBO inc.above
SUBTOTAL $101,800
UTILITIES
TELEPHONE LUMP 1 $10,000.00 $10,000
GAS LUMP 1 $20,000.00 $20,000
ELECTRIC LUMP 1 $10,000.00 $10,000
WATER TRANSFER LUMP 1 N/A
SUBTOTAL $40,000
TOTAL $448,776
(1) Off-site(Private)work effort
STATEMENTS OF PROBABLE CONSTRUCTION COST AND DETAILED COST ESTIMATES PREPARED BY THE ENGINEER
REPRESENT THE ENGINEER'S BEST JUDGMENT AS A DESIGN PROFESSIONAL FAMILIAR WITH THE CONSTRUCTION
INDUSTRY. IT IS RECOGNIZED, HOWEVER,THAT THE ENGINEER HAS NO CONTROL OVER THE COST OF LABOR,
MATERIALS, EQUIPMENT,THE CONTRACTOR'S METHODS OF DETERMINING BID PRICES,OR THE COMPETITIVE BIDDING
OR MARKET CONDITIONS. ACCORDINGLY,THE ENGINEER CANNOT AND DOES NOT GUARANTEE THAT BIDS WILL NOT
VARY FROM ANY STATEMENT OF PROBABLE CONSTRUCTION COST OR OTHER COST ESTIMATES PREPARED THE
ENGINEER.
EXHIBIT"B"
Name of Subdivision rr
or Planned Unit Development: e ti5s �C a`C F 6-T cste S
Filing:
Location:
All improvements shall be completed within 3 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 /j- (o^Wn.tl- Co s1rLA �rvc1
Street grading s ; h«Ati\c C s assuwir( * rrr
Street base eras a.W\ ' k 1we'
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:
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13 N:\WPFILES',W ENDIW PUBLIC
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 :N:\W PFILES\W ENUMPUBLIC
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