HomeMy WebLinkAbout910475.tiff w
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AMENDED
LANDSCAPE IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this 29th day of May, 1991, between
the County of Weld, State of Colorado, acting through its Board of County
Commissioners, hereinafter called 'County' and Duane Kunkel, hereinafter called
in O the 'Applicant' .
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WITNESSETH
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A WHEREAS, Applicant has a controlling interest in the following described
o W property in the County of Weld, Colorado:
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c a NW?: of Section 13, Township 6 North, Range 67 West of the 6th P.M. ,
d+ W Weld County, Colorado, considering the North line of the said NW, as
a bearing N 88°59'02" E and with all bearings contained herein relative
U thereto bears S 00°16'27" E 1687.64 ft. to a point on a line and again
aW, S 62°00'50" W 126.06 ft. , and again N 76°04'03" W 138.38 ft. , and
n again S 69°29'14" W 211.00 ft. , and again N 87°43'28" W 239.15 ft. ,
N n and again S 84°34'13" W 248.30 ft. , and again N 77°18'10" W 78.56 ft. ,
rig a and again N 11°12'00" E 90.52 ft. from the Ne corner of said Section
W 13 and runs S 75°03'00" W 169.34 ft. , thence N 77°18' 10" W 41.75 ft. ,
cl rn U and again N 63°14'25" W 94.25 ft. , and again N 47°38'42" W 83.78 ft. ,
Z and again N 26°48'57" W 92.66 ft. , and again N 21°17'08" W 208. 10 ft. ,
o H and again N 17°43'02" W 344.63 ft. ; thence N 73°56'33" E 301.10 ft. ;
h thence along said line N 16°03'27" W 75.28 ft. ; thence N 73°56'33" E
H a 296.75 ft. ; thence S 12°23'00" W 199.55 ft. ; thence S 16°03'27" E
c � 196.00 ft. ; thence S 80°16'27" E 109.12 ft. ; thence S 11°12'00" W
o W 515.08 ft. to the point of beginning.
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o Z WHEREAS, a final subdivision plat of said property, to be known as ANTELOPE
`Nn HILLS P.U.D.
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U aa WHEREAS, Section 11-1 of the Weld County Subdivision Regulations require
a £ guarantee of public improvements. Estimated cost of said landscaping
d improvements are listed in Exhibit 'A' and are made a part of this Agreement.
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H In consideration of the foregoing and acceptance of the Final plat, the parties
G. hereto agree as follows:
1. Applicant: The Applicant shall furnish the landscape design for
general goals and contract. The individual lot owner may modify the
concept with respect to planting placement, but content, quality, and
quantity must conform to the approved landscape plan.
2. Construction: The Applicant shall furnish the approved plan to the
lot owner at the time of closing on the lot. The lot owner shall be
responsible for construction.
a. Construction shall be in strict conformance to the approved
landscape plan.
b. All materials shall be purchased from a qualified nursery or sod
farm.
c. At all times during the construction, the County reserves the
right to inspect the work. Any work not meeting the intent of
the plan shall be replaced to conform to the approved plan at the
lot owner's expense.
d. The work shall be completed in the time frame defined in Item 114.
The County Commissioners may grant extensions at their
discretion.
3. Release of Liability: All contractors and other employees engaged in
construction of the improvements shall maintain adequate workman'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.
pLoI0Go
910475
4. General Requirements for Collateral: The value of all collateral
submitted to Weld County must be equivalent to 100% of the value of
the improvements as shown in this Agreement. Prior to Final plat
approval, the Applicant shall set up and fund the escrow account for
collateral he intends to utilize to secure the improvements subject to
final approval of the work. The improvements shall be completed
O within nine months after the issuance of a certificate of occupancy
o U for the home. The Applicant may request that this Agreement be
. renewed at least thirty (30) days prior to its expiration and further
N O provides that cost estimates for the remaining improvements are
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updated and collateral is provided in the amount of 100% of the value
Aof the improvements remaining to be completed. The Applicant may have
c a time frame of three months to complete the work. If improvements
a are not completed and the Agreement not renewed within these time
c
w frames, the county, at its discretion, may make demand on all or a
x portion of the collateral and take steps to see that the improvements
O are made. Collateral is to be tied to the National Consumer Price
w Index adjusting capital of the account on an annual basis.
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- a. The Applicant intends to develop in accordance with Exhibit 'A' .
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a b. Each individual lot owner will begin and complete his work in
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accordance to his construction time schedule and limited as noted
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above.
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F5. Improvement Guarantee: The five types of collateral listed below are
,I y acceptable to Weld County subject to final approval by the Board of
a County Commissioners.
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CO w a. An irrevocable Letter of Credit from a Federal or State licensed
o• Z financial institution on a form approved by Weld County. The
N z Letter of Credit shall state at least the following:
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U a (1) The Letter of Credit shall be in an amount equivalent to
wg 100% of the total value of the improvements as set forth in
Exhibit 'A' .
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(2) The Letter of Credit shall provide for payment upon demand
to Weld County if the developer has not performed the
w w obligations specified in the Improvements Agreement and the
issuer has been notified of such default.
(3) The applicant may draw from the Letter of Credit in
accordance with the provisions of this policy.
(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 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. ) .
(5) The Letter of Credit shall specify that 15% of the total
Letter of Credit amount cannot be drawn upon and will remain
available to Weld County until released by Weld County.
(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 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.
2 of 4 Pages 910475
b. A 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:
m0 (1) In the event property within the proposed development is
00 U used as collateral, an appraisal is required of the property
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in the proposed development by a disinterested M.A.I. member
m0 of the American Institute of Real Estate Appraisers-
indicating that the value of the property encumbered in its
0 W current degree of development is sufficient to cover 100% of
O3 the cost of the improvements as set forth in the
o a Improvements Agreement plus all costs of sale of the
CA- [4 property.
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U (2) In the event property other than the property to be
developed has been accepted as collateral by Weld County,
N then an appraisal is required of the property by a M.A.I.
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member of the American Institute of Real Estate Appraisers
a4 indicating that the value of the property encumbered in its
Wcurrent state of development is sufficient to cover 100% of
rn U the cost of the improvements as set forth in the
Improvements Agreement plus all costs of sale of the
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ri a (3) A title insurance policy insuring that the Trust Deed
W creates a valid encumbrance which is senior to all other
co w liens and encumbrances.
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O 2 (4) A building permit hold shall be placed on the encumbered
N < property.
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U g c. An Escrow Agreement that provides at least the following:
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(1) The cash in escrow is at least equal to 100% of the amount
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G, (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 Board.
(3) The escrow agent will be a Federal or State licensed bank or
financial institution.
(4) If the County of Weld 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.
d. A Surety Bond given by a corporate surety authorized to do
business in the State of Colorado in an amount equivalent to 100%
of the value of the improvements as specified in the Improvements
Agreement.
e. A Cash Deposit made with the County equivalent to 100% of the
value of the improvements.
6. Request for Release of Collateral: Prior to release of collateral for
the entire work on a particular lot, the owner must present to the
Applicant a letter and invoices of the completed work. Payment on
said invoices is the responsibility of the lot owner.
a. The Applicant or his representative will make an on-site
inspection of the construction to evaluate the completeness to
the County, and will submit copies of both its report and the lot
owner's letter to the County for review.
7. 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.
3 of 4 Pages 910475 5
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and year first above written.
/���®//,J� BOARD OF COUNTY COMMISSIONERS
ATTEST: ��f/�"���""B"'`r WELD COUNTY, COLORADO
Weld County le k to oa d
p Gorf� L cy, airman
Deputy Clerk t the Board Geo a Kenne y, Pro Tem
APPROVED AS FORM:
onstance L. Har e) O•16-'g //4","
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County Attorney C. W. Kirby
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4 of 4 Pages
910475
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EXHIBIT 'A'
Name of Subdivision: ANTELOPE HILLS P.U.D.
Filing: FIRST
Location: NW; 513, T6N, R67W OF THE 6TH P.M. , WELD COUNTY
Intending to be legally bound, the undersigned Applicant hereby agrees to
provide throughout this Subdivision and as shown on the Subdivision Final
plat dated , 19_, recorded on ,
in O 19 , in Book , Page No. ,
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U Reception No. the following improvements.
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U Estimated
O Improvements Unit Cost Construction Cost
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o Trees, Shrubs, and Plantings $110 EA + $35 EA $ 4,880.00
o M Irrigation $ 0.10/SF $ 7,585.92
49- A Turf Cover $ 0.20/SF $ 15, 171.84
M TOTAL $ 27,637.76
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N a The above improvements shall be constructed in accordance with all County
;y requirements and specifications set forth by the Landscape Plan.
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W LANDSCAPE COST/PER LOT BASIS
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LOT NO. IMPROVEMENTS UNIT COST COST
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\ W 1 Trees/Shrubs $110 EA + $35 EA $ 610.00
ri m Irrigation $ 0. 10/SF $ 1,200.00
a Turf Cover $ 0.20/SF $ 2,400.00
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TOTAL $ 4,210.00
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M Z 2 Trees/Shrubs $110 EA + $35 EA $ 610.00
CV r:4 Irrigation $ 0. 10/SF $ 1,553.34
o Turf Cover $ 0.20/SF $ 3, 106.68
U a TOTAL $ 5,270.02
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t-- coLn co 3 Trees/Shrubs $110 EA + $35 EA $ 610.00
m 1/4O Irrigation $ 0.10/SF $ 1, 003.08
'i 'i Turf Cover $ 0.20/SF $ 2,006.16
W k4 TOTAL $ 3,619.24
4 Trees/Shrubs $110 EA + $35 EA $ 610.00
Irrigation $ 0.10/SF $ 508.50
Turf Cover $ 0.20/SF $ 1,017.00
TOTAL $ 2, 135.50
5 Trees/Shrubs $110 EA + $35 EA $ 610.00
Irrigation $ 0.10/SF $ 616.80
Turf Cover $ 0.20/SF $ 1,233.60
TOTAL $ 2,460.40
6 Trees/Shrubs $110 EA + $35 EA $ 610.00
Irrigation $ 0. 10/SF $ 748.20
Turf Cover $ 0.20/SF $ 1, 496.40
TOTAL $ 2,854.60
7 Trees/Shrubs $110 EA + $35 EA $ 610.00
Irrigation $ 0.10/SF $ 978.00
Turf Cover $ 0.20/SF $ 1,956.00
TOTAL $ 3,544.00
8 Trees/Shrubs $110 EA + $35 EA $ 610.00
Irrigation $ 0.10/SF $ 978.00
Turf Cover $ 0.20/SF $ 1,956.00
TOTAL $ 3,544.00
V2etiere C(( Date: Am ? , 19 S /.
Signature of Applicant
91.0475
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