HomeMy WebLinkAbout930657.tiff RESOLUTION
RE: APPROVE TWO IMPROVEMENTS AGREEMENTS ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS AND AN OFF-SITE ROAD IMPROVEMENTS AGREEMENT
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, by Resolution dated June 30, 1993, the Board approved an Amended
Planned Unit Development Plan for Del Camino Center Partnership, et al. , c/o Ed
Kanemoto, and
WHEREAS, the Board has been presented with two Improvements Agreements
According to Policy Regarding Collateral for Improvements and an Off-Site
Improvements Agreement, and
WHEREAS, said Off-Site Improvements Agreement was previously approved the
26th day of July, 1989, and
WHEREAS, after review, the Board deems it advisable to approve said
agreements, copies of which are attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Improvements Agreements According to Policy Regarding
Collateral for Improvements and the Off-Site Improvements Agreement be, and
hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Off-Site Improvements
Agreement, previously approved the 26th day of July, 1989, be, and hereby is, to
remain in place as written.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 28th day of July, A.D. , 1993.
/Mil// BOARD OF COUNTY COMMISSIONERS
ATTEST: ` J / j / � WE/LDOUNTY, COLORADO �r/�
Weld County Clerk to the Board (�'s;virte,,.v� �S"1 tY0'.LO -------
(\�� /�// y y,. �/ Constance J L. H rbert,r Chairman
/
BY: �)/'U`4"1� K--t 1 i^� l� n lK�d X.Ac
Deputy 6terk to the Board W. H. Webster, Prr/p-Tem
APPROVED S TO FORM: � --
Vt
eorg:' Baxte /
ntyAttorne� —2__--Dale K. Hall
• L
_i. ` Tic,
' Barbara J. Kirkme er
930657
IMPROVEMENTS AGREEMENT ACCORDING •
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
THIS AGREEMENT, made and entered into this 22nd day of March
1993 , by and between the County of Weld, State of Coloi'ddo, acting through its
Board of County Commissioners, hereinafter called "County" , and
DEL CAMINO CENTER PARTNERS hereinafter called
"Applicant" .
WITNESSETH:
• WHEREAS, Applicant is the owner of or has a controlling interest inthe
following described property in the County of Weld, Colorado:
that portion of Block 1 of, Del Camino Center P.U.D. , located north
of the Codding Ditch,
•
• WHEREAS, a final subdivision plat of said property, to be known as
DEL CAMINO CENTER P.U.D. has
been submitted to the County for approval ; and
WHEREAS, Section 11-1 of the Weld County Subdivision Regulations provides
that no final plat 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, 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 improvements listed on Exhibit "A" which is attached hereto and
made a part hereof by this reference.
1.1 The required engineering service. 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 to the County for approval prior to the letting of any
. construction contract. Before acceptance of the roads within the
subdivision by the County, Applicant shall furnish one set of
reproducible "as-built" drawings and a final statement of construction
cost to the County.
•
2.0 Rights-of-Way and Easements: Before commencing the construction of any •
improvements herein agreed upon, Applicant shall acquire, at its own
expense, good and sufficient rights-of-way and easements on all lands and
facilities traversed by the proposed improvements. All such rights-of-wny
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 improvements listed on Exhibit "A" which is attached hereto and
made a part hereof by this reference , according to the construction
schedule set out in Exhibit "B" also attached hereto and made a part hereof
by this 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--subdi-v-ia-ian—fs
-proposed—wi-thin—thr-e e—miles—of—an—i neorporated--eommun-ity—1 eeated—in-
1 (.1?.:_' y. � •
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F 1103 MARY ANN FFUERSTEIN CLERK & RECORDER WELD CO, CO
Weld County of located in any adjacent county, the Applicant shallrb ,
required to install improvements in accordance with the cements
and standards that would exist if the plat were_d oped within the
corporate limits of that community. If t he-tfi-6-Orporated community has
not adopted such requirements---and standards at the time the
subdivision is propos tiui requirements and standards of the County
shall be adhersdfr-E5-. If both the incorporated community and the
Count e requirements and standards, those requirements and
arde—that are—mart restrie-t4vc steal) 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 The 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 improvements shall be completed, according to the
terms of this Agreement, within the construction schedule appearing in
Exhibit "B". The Board of County Commissioners, at its option, may
grant an extension of the time of completion shown on Exhibit "B" upon
application by the Applicant subject to the terms of Section 6 herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the
County from any and all liability loss and damage county may suffer as a
result of all suits, actions or claims of every nature and description
caused by, arising from, or on account of said design and construction of
improvements, and pay any and all judgments rendered against the County on
account of any such suit, action or claim, together with all reasonable
expenses and attorney fees incurred by County in defending such suit,
action or claim whether the liability, loss or damage is caused by, or
arises out of the negligence of 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 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.
x 0 net n
r-o--�zsr-c=�?-"-""-'-`s-R-eiinburseme+� Proeedure-:The-stibdi-v-i-dcr, epplica��-'
or owner may be reimbursed for off-site road improvements as provi ed in
this section when it has been determined by the Board County
Commissioners that the road facilities providing access to th subdivision
are not adequate in structural capacity, width, or functional
classification to support the traffic requirements the uses of the
subdivision.
5.1 The subdivider, applicant, or owne shall enter into an off-site
improvements agreement prior to cording the final plat when the
te subdivider, applicant, or ownexpects to receive reimbursement for
part of the cost of the oite improvements.
5.2 The off-site impr ments agreement shall contain the following:
The lega ascription of the property to be served.
• Then a of the owner(s) of the property to be served.
• A scription of the off-site improvements to be completed by the
subdivider, ,.applicant, or owner.
he off site improvements!
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F 1104 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
trips to be generated at build eut by the
subdivision, or resubdivision, as specified by the ITE Trip
Generation Manual, or by special study approved by the Board of
unty Commissioners.
A t e period for completion of the off-site improvements.
The to s of reimbursement.
— 'The curr t address of the person to be reimbursed during the
term of the reement.
Any off-site i rovements agreement shall be made in conformance
with the Weld Cou ty policy on collateral for improvements.
5.3 If the subdivider, applies t, 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 f County Commissioners that
vehicular traffic from a subdivision or r' ubdivision will use a road
improvement constructed under an improvement reement, the subsequent
subdivider, applicant, or owner shall re mburse the original
subdivider, applicant, or owner, for a portfbn‘ of the original
construction cost, In no event shall the original subdivider,
applicant, or owner collect an amount which exceeds the otal costs of
improvements , less the pro rata share of the total t p impacts
generated by the original development. Evidence that the riginal
subdivider, applicant, or owner has been reimbursed by the sub quent
subdivider, applicant or owner shall be submitted to the Departmen of
Planning Services prior to recording the final subdivision o
resubdivision plat.
5.5 The amount of road improvement cost to be paid by th subsequent
subdivider, applicant, or owner of a subdivision resubdivision
using the road improvements constructed under prior improvement
agreement will be based upon a pro rata sl re of the total trip
impacts associated with the number andltyPe of dwelling units and
square footage and type of nonresidenci-51 developments intended to use
the road improvement. The amoun- f road improvement cost shall also
consider inflation as measure by the changes in the Colorado
Construction Cost Index ed by the Colorado Division of Highways.
The cost of road impr ments may be paid by cash contribution to the
prior subdivider, plicant or owner or by further road improvements
which benefit a prior subdivider, applicant, .or owner's property.
This deci n shall be at the sole discretion of the Board of County
Comma oners based upon the need for further off-site road
i ovements.
tiCled—TRIP—GENF.RIrT-I-ON (-Th-ird—Ed-i-tieii-1982) -of-the
institute of Transportation Engineers shall normally be used or
calculating a reasonable pro rata share of the road impro ement
construction costs for all subdivisions or resubdivisions. special
transportation study shall be used for land uses not lis in the ITE
Trip Generation Manual. Any question about the nym er of trips a
subdivision or resubdivision will generate shal a decided by the
County Engineer.
5.7 The term for which the subdivider, appli nt, or owner is entitled to
reimbursement under the off-site improvements agreement, entered into
between the subdivider and the cony, is ten years from the date of
execution of a contract for road-improvements.
5.8 This provision is not i nded to create any cause of action against
Weld County or its of cers or employees by any subdivider, applicant,
or owner for rei ursement, and in no way is Weld County to be
considered a arantor of the monies to be reimbursed by the
subsequent dividers, applicants , or owners.
6.0 ,kcceptanc f Streets for Maintenance by the County: Upon compliance with
the fo owing procedures by the Applicant, streets within a subdivision may
be cepted by the County as a part of the County road system and will be
-«, intain..J and repaired by the County..
3
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F 1105 MARY ANN FEUERSTEIN CI.ERIC & RECORDER WELD CO, CO
b.0 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 improvements in that phase of the development is satisfactory
to the County; and all terms of this Agreement have been faithfully kept by Applicant.
6.1 Initial Acceptance: Upon completion of the construction of streets within the PUD
and the filing of a Statement of Substantial Compliance, the applicant(s) may request
in writing that the County Engineer inspect its street and the County Engineer shall
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, the streets shall be considered initially
accepted and he shall recommend acceptance of streets. Upon a receipt of a positive
unqualified recommendation from the County Engineer for initial acceptance within
the development, the Board of County Commissioners shall release 85% of the
warranty collateral.
6.2 Final Acceptance: After nine months from the initial acceptance, the County Engineer
shall re-inspect the streets and the applicant(s) may request in writing that the County
Engineer inspect its streets and the County Engineer shall 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, the streets shall be considered finally accepted and he shall
recommend acceptance of streets. Upon a receipt of a positive unqualified
recommendation from the County Engineer for final acceptance within the
development, the Board of County Commissioners shall release the remaining warranty
collateral.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to 100% of
the value of the improvements as shown on this Agreement. Prior to site plan review
and approval for each lot, the applicant shall indicate which of the five types of
collateral he prefers 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 site plan approval and all preliminary approvals shall automatically
expire. An applicant may request that the County extend the site plan 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 site plan 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 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 Plan or Final Plat Subdivision.
-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.
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F 1106 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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:
-The Letter of Credit shall be in an amount equivalent of 100% of
the total value of the improvements as set forth in Section 6.0
and exhibits "A" and "II" ,
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 teen
notified of such default.
The applicant may draw from the Letter of Credit in accordance
with the provisions of this policy.
The issuer of the -Letter of Credit shall guarantee that at all
times the unreleased portion of the Letter of Credit $hall 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, ) . The issuer of the Letter of
Credit will sign the Improvements Agreement acknowledging the
agreement and its cost estimates.
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.
lfhe 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.
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:
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 M.A.I. member of the
American Institute of Real Estate Appraisers indicating that the
value of the property encumbered in its current degree of
development is sufficient to cover 100% of the cost of the
improvements as set forth in the Improvements Agreement plus all
_costs of sale of the property.
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 M.A.I, member of the Institute of
Real Estate Appraisers indicating that the value of the property
encumbered .in its current state of development is sufficient to
cover 100% of the cost of the improvements as set forth in the
Improvements Agreement plus all costs of sale of the property.
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IF 1107 NARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
A title insurance policy insuring that the Trust Teed creates a
valid encumbrance -which is senior to all other liens and
encumbrances.
A building -permit hold shall be placed on the encumbered
property.
8.3 Escrow Agreement that provides at least the following:
The cash in escrow is at least equal to 100X of the amount
specified in the Improvements Agreement.
The 'escrow agent guarantees that the escrowed funds will be used
for _improvements as specified in the agreement and far no other
purpose and will not -release any portion of such funds -without
prior approval of the -Board.
The escrow agent will be a Federal or State licensed bank or
• financial institution.
If the County of Weld County determines there is a default of the
Improvements Agreement, the escrow agent, upon request by the
County, shall release any remaining escrow'ed 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 100X of the value of
the improvements as specified in the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to 100% of the value of
the improvements,
9.0 Bequest 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 compl'eted 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 Highway Schedule for minimum materials
sampling, testing and inspections found in CDOH 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 8.0 thru 8.5 shall be noted on the . final
construction plans.
9.7 Following the submittal of the Statement of Substantial Compliance-ewe}
i,.., ,,."u.,..1ntle..'ef a..e..ptance of the streets for partial maintenance by
th,. Cou.,tyi 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.
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F 1.108 MARY -ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
•
9.8 The request for release of collateral shall be accompanied by
• "Warranty _Collateral" in the amount of 10% of the value of the
improvements as shown in this Agreement Excluding improvements fully
accepted for maintenance by the responsible governmental entity,
spacial district or utility xompany.
9.9 The warranty collateral shall be release-d to the applicant upon final
acceptance by the
4..dor Sn..Li.... 5.3 9...e„i..responsible governmental entity, special
district or utility company.
10.D Pahl'.. ^ritn0 ,.,,d Oven Spae..-s: Wh..., the Beard of County Commissioners,
pursuant to -a rezoning, subdivision or planned unit development, re wires
the dedication, development and/or reservation of areas or sites of r than
subdivision streets and utility easements of a character, tent and
location suitable for public use for parks, greenbelts or a ools, said
actions shall be secured in accordance-with one of the following
alternatives, or as specified in the PUD plan, if any:
in 0 10.1 The required acreage as may be -determined ac ding to Section 8-15-B
F-oa of the Weld County Subdivision Regulations/shall be dedicated to the
r° O County -or the appropriate school district, for one of the above
U purposes. Any area so dedicated shall be approved by the County or
school district, and shall be maintained by the County or school
O Ca district.
10.2 The required acreage as det mined according to Section 8-15-B of the
• WWeld County Subdivision egulations may be reserved through deed
Ea- Q4 restrictions as open area, the maintenance of which shall be a
D specific obligati° n the deed of each lot within the subdivision.
a 10.3 In lieu of land, he County may require a payment to the County in an
.n a
v amount equal the market value at the time of final plat submission
of the re red acreage as determined according to Section 8.15-B.
pq Such va e shall be determined by a competent land appraiser chosen
joint by the Board and the Applicant. The cash collected shall be
• U de sited in an escrow account to be expended fnr pnsks at a lntai
r2
N H
t;171) 11.0 Successors and Assigns: -This Agreement shall be binding upon the heirs,
executors, personal representatives, successors and assigns of the
CO Applicant, and upon recording by the County, shall be deemed a covenant
0a running with the land herein described, and shall be binding upon the
in successors in ownership of said land•
N It
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
U -executed on the day and year, first above written.
w
a
M BOARD DF COUNTY _COMMISSIONERS
3O A WEL COUNTY, COLORADO
v —
M Ga
ATTEST: A 1 # � . 2 •, Jlf? G/i,G�G
iv vJ 6.
Weld County Clerk to
the
,Booard
-UX.(��/�� T�
BY: L / ceg2 _
Deputy Cik k to the Board-- 08/0,1/93
APPROVED AS TO FORM: lam
my Attorne —ti—
APPLICAI4T: E tri j /i1i411.015,A2
BY: 7(�/f/� dl 441
( t tot e)
Subscribed and sworn to before me this/0 ay of , 19 153.
My commission expires:
/0 y/6 Nota lic
vy,,7 -7 . . - C <EP-emu
•
•
• EXHIBIT "A" '
.
•
Name of Subdivision: Del Camino Center P.U.D.
Piling:
• West half of the -northwest quarter, Section 14, T2N, R68W of the
Location: 6th 1'.M. . Weld County. Colorado.
Intending to be legally bound, the _undersigned Applicant hereby agrees to
provide throughout this subdivision -and _as shown on the subdivision final plat
dated March 22 , 19 93, recorded on , 19_,
in Book , Page No. , Reception No. , the following
improvements.
4,,
•
•
Estimated
• Improvements Unit Cost Construction Lost
•
Street grading 2,390 c.y. $10,360
• Street base
Street paving 2,390 s.y'. $25,900
Curbs, gutters . and culverts 1@$2,000 $ 2,000
• n/a
•
Storm sewer facilities n a
Jtetention -ponds -n/a
Pitch improvements -n/a
Subsurface drainage n/a
•
Sanitary sewers -n/a
Trunk and forced lines -n/a
Mains 1 ,350 .f. @ 8" • S16 7n0
Laterals (house -connected) 4•manholea $ A 11n0
On-site sewage facilities n/a
On-site grater supply and storage n/a
Water mains 1,060 1.f @1B" T1„c B" D T P 1 FAn 1 f. $5� pnn
Fire hydrants n/a
Survey & -street monuments & boxes • n/a
Street lights, • $ 500
Street name signs n/a
• Fencing requirements $ 1 ,1100
Landscaping p/a
' Park improvemenr Pia
•
SUB-TOTAL '
Engineering and Supervision Costs (6 ) $7, 140.00
(testing, inspection, as-built plans and work in addition to preliminary and
• final plat; -supervision of -actual construction by _contractors)
-TOTAL ESTIMAT-ED COST OF IMPROVEMENTS AND SUPERVISION $ $126,100.00
The above improvements shall. be constructed. in acc-ordance 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 tompl-eted acc rdi g t the c truction schedule
- -set out in Exhibit "B", m/v "trio
Sigfiature of Applicant
(If corporation, to be signed by President and attested to by Secretary,
together with corporate seal.)
Date: , 19
8
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F 1110 MARY ANN FFUERSTEIN CLERK & RECORD;; .14ELD CO, CO
•
Fort Collins Denver Colorado atoll . Box 2127 Eighteenth Street Atrium . Box 182
rospect lorado-Ft.Collins,
ns,,CO 80522 _Denver, CO t 80202 809011)182
250 809011)1 2 P Ings9L0
(303)493.8747 (303)396.0383 (719)633-4713
Archlstructlon (303)493-5869 FAX (303)296-0382 FAX (719)633-9508 FAX
March 22, 1993
Exhibit B
Del Camino Center P.U.D.
CONSTRUCTION SCHEDULE:
Construction of improvements, as required for the development of individual lots, and as
listed in Exhibit A,shall commence upon issuance of a building permit on any indivudual lot,
and shall be completed no later than 12 months from building permit issuance. Construction
will consist of the following:
1. _Extension of water lines, sewer lines shall be completed as indicated on the approved
utility plan.
2. Theengineeringand construction of the acceleration-and deceleration lanes and turn
lanes-along the-frontage road at the south entrance to the subdivision.
3. Fire hydrants to be installed as required by the Mountain View Fire Department. Such
locations to-be determined, based upon final site plan review.
4. All streets within Block 2 are private roads and installation of those streets shall be the
responsibility-of the property_owner of Block 2.
5. Access to Lot 3 shall be from the south entrance with a 32' wide-entrance road. This
shall be completed with the development ofl3lock 3.
6. Emergency access-provided toIllock 2 through-Block 3 shall be as required by the
Mountain View Fire District.
7. Extension of electric service toservice lots in Block 2 and Block 3 as needed for
development of future lots.
8. Extension of gas and telephone service planned as needed-for development of future
lots.
9. Construct drainage ditches to handlesite drainageas required by the drainage plan.
Sincerely,
James J. Neenan
Vice President
Real Estate Development
JJN:jlw
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F 1111 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
R •
,
AN 2314621•5 IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
THIS AGREEMENT, made and entered into this 22nd day of March •
11993 , by-and between the County of Weld, State of Colorado, acting through its
Board of County Commissioners, hereinafter called "County" , and
DEL CAMINO CENTER PARTNERS hereinafter called
"Applicant".
WITNESSETH:
WHEREAS, Applicant is the owner of ms has A controlling interest in the
following described property in the County of Weld, Colorado:
that portion of Block 1 of Del Camino Center P.U.D. , located north
of the Godding Ditch,
WHEREAS, a final subdivision plat of said property, to be known as
DEL CAMINO �ET]TER P.U.D. has
been submitted to the County for approval; And
WHEREAS, Section 11-1 _of the Weld Ilounty Subdivision Regulations provides
that no final plat 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, 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 fneneering Services: Applic-ant shall furnish, at its -own expense, all
engineering services in 'connection with the design and 'construction of she
subdivision improvements listed on Exhibit "A" which is attached hereto and
made a part hereof by this 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 iservicei; -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 to the County for approval prior to the letting xf any
. construction contract. Botore acceptance of the road-s within the
subdivision by the County, Applicant shall furnish -one set of
reproducible "as-built" drawings and afinal 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 flounty for recording.
3.0 Construction: Applicant shall furnish and install, at its own expense, the
subdivision improvements listed on Exhibit "A" which is atLat.hed hereto and
made a part hereof by this reference , According to the construction
schedule set out in Exhibit "B" Also attached hereto and made a part hereof
by this 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 is
proposed ah-i—n—threc miles o€—an-f-nea-r-psrratcd commurri-t --lor-atcd in
1
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F 1273 MARY ANN FEUERETEIN CLERK & RECORDE-R WELD CO, CO
• required to install improvements in accordance with the ements
and standards that would exist if the plat were oped within the
corporate limits of that community. If t corpor-ated community has
not adopted such requirement standards at the time the
subdivision is proposed requirements and standards of the County
shall be adher o. If both the incorporated community and the
Count e requirements and standards , those requirements and
th ..tive Shall apply.
PP Y•
3.2 Applicant shall employ, at its own expense, a qualified testing
company -previously approved by the County to perform all tasting 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 tight
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 repl-aced
to the satisfaction of the County at Applicant's expense.
3.4 The Applicant shall furnish proof that proper arrangements have been
made for the installation of sanitary sewer or septic syst-ems, water,
gas, electric and telephone services.
3.5 Said -subdivision 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 -ext-ension of the time of completion shown on Exhibit "_B" _upon
application by the Applicant subject to the terms of Section 6 herein.
4,-0 Release of Liability: Applicant shall indemnify and -hold harmless the
County from any and all liability loss and damage county may suffer as a
result of all suits, actions or claims of every nature and description
caused by, -arising from, or on account of said -design and construction of
improvements, and pay any and all judgments rendered against the County on
account of any such suit, action or claim, together with all reasonable
expenses and attorney fees incurred by County in defending such suit,
action or claim whether the liability, loss ox damage is caused by, or
arises out of the negligence of 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 employe-es 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 o₹ the State of Colorado governing occupational safety and
health.
5.0 off—tits Intprevsmcnts Eel- brrrsement Proocdere-:—The—cub-divider, applicant„
or owner may be reimbursed for off-site -road improvements as providetin
this section when it has -been determined by the Board County
Commissioners that the road facilities providing access to the ubdivision
are not adequate in .structural capacity, width, r functional
classification to support the traffic requirements the use-s of the
subdivision.
5:1 The subdivider, applicant, or owner all enter into an off-site
improvements agreement prior to> cording the final -plat when the
subdivi-der, applicant, or owner-expects to receive reimbursement for
part of the cost of the o '-f!site improvements.
5.2 The off-site impr ments agreement shall contain the following:
- . The lags ascription of the property to be se-rved.
The a of the owner(s) of the property to be served.
- -A cription of the off-site improvements to he completed -by the
subdivider,,, applicant, or owner.
- The— coo - n-f the off•si ca improves
2
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F 1274 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CD
rn rnl ..ehiri,yar_trips—tv—•be generated at build-out by the
subdivision, or resubdivision, as specified by the ITE Trip
Generation Manual, or by special study approved by the Board of
County Commissioners.
time period for completion of the off-site improvements.
- The ms of reimbursement.
- The current address of the person to be reimbursed during the
term of th&.. greement.
- Any off-site improvements agreement shall be made in conformance
with the Weld Co NV policy on collateral for improvements. -
5.3 If the subdivider, applican or owner fails to comply with the
improvements agreement, the oppOln- unity to obtain reimbursement under
this section is forfeited.
5.4 . When it is determined by the Board of unty Commissioners that
vehicular traffic from a subdivision or resub vision will use a road
improvement constructed under an improvement agre nt, the subsequent
subdivider, applicant, or owner shall reimbur the original
subdivider, applicant, or owner, for a portion of he original
construction cost. In no event shall the original ivider,
applicant, or owner collect an amount which exceeds the total c is of
improvements less the pro rata share of the total trip im is
generated by the original development. Evidence that the origi
subdivider, applicant, or owner has been reimbursed by the subs ent
subdivider, applicant or owner shall be submitted to the Depar2tment of
Planning Services prior to recording the final subdievision or
resubdivision plat.
5.5 The amount of road improvement cost to be Raid subsequent
subdivider, applicant, or owner of a subdivision or resubdivision
using the road improvements cons_truetad/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 ount of roaid improvement cost shall also
consider inflation as easured by the changes in the Colorado
Construction Cost I dex used by the Colorado . Division -of Highways.
The cost of road provements -may be paid by cash contribution to the
prior subdivi s, applicant or owner or by further road improvements
which bens t the pri-or subdivider, applicant, or owner's property.
. This d Sion shall be at the sole discretion of the Board of County
Co ssioners based upon the need for further off-site road
provements.
. led TRIP--GENERATI0N--(Third_Editin 4
institute of transportation Engineers shall normally be used or
calculating a reasonable pro rata share of the road impr ement
construction _costs for -all subdivisions or resubdivisions, special
transportation study shall be used for land uses not lis d in the ITE
Trip Generation Manual. Any question about the ber of trips a
subdivision or resubdivision will generate she -be decided by the
County Engineer.
5.7 The term for which the subdivider, appl cant, or owner is entitled to
, reimbursement under the off-site improvements agreement, -entered into
between the subdivider and the ounty, is ten years from the date of
.. execution of a contract for oad improvements.
5. 8 This provision is no ntended to create any cause of action against
Weld County or it officers or employees by any subdivider, applicant,
or owner for eimbursement, and in no way is Weld County to to
considers a guarantor of the monies to be reimbursed -by the
subse nt subdividers, applicants, or owners .
6.0 cce ance o Streets for aintenance by the County: Upon compliance with
following procedures by the Applicant, streets within a subdivision may
be accepted by the County as a part of the County road system and will be
maintained and repaired by the County.
3
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F 1275 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
6.0 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 buildingpermitsso long as the-progress of
wor-k on the subdivision improvements in that phase of the development is satisfactory
to the County; and all terms of this Agreement have been faithfully kept by Applicant.
6.1 Initial Acceptance: Upon completion of the construction of streets within-the PUD
and the filing of a Statement of Substantial Compliance, the applicant(s) may request
in writing that the County Engineer inspect its street and the CountyEngineer shall
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, the streets shall be considered initially
accepted and he shall recommend acceptance of streets. Upon a receipt of apositive
unqualified recommendation from the County Engineer for initial acceptance within
the development, the Board of County Commissioners shall release 85% of the
warranty collateral.
6.2 Final Acceptance: After-nine months from the initial acceptance, the County Engineer
shall re-inspect the streets and the_applicant(s) may request in writing that the County
Engineer inspect its streets and the County Engineer shall 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) thatany deficiencies have been
corrected. If the County Engineer finds-that the streets are constructed according to
County standards, the streets shall be considered finally accepted and he shall
recommend acceptance ofstreets. Upon a receipt of a positive unqualified
recommendation from the County Engineer for final acceptance within the
development, the Board of County Commissioners shall release the remaining warranty
collateral.
7.0 General Requirements-for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to 11)0% of
the value of the improvements as-shown on this Agreement. Prior to site plan review
and approval for each lot,the applicant shall indicate which of the five types of
collateral he prefers to be utilized to secure the improvements subject to final approval
by-the Board of County Commissioners and the execution ofthis Agreement.
Acceptable collateral shall be submitted and the plat recorded within six (6) months of
the Final Plat approval. If acceptable collateral has mot been submitted within six (6)
months, then the site plan approval and all preliminary approvals shall automatically
expire. An applicant may request that the County extend the site plan 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 afl:er the site plan 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 100% of the value of the improvements remaining to be completed.
If improvements are not completed and the agreement not Tenewed within these time
frames, the County at its discretion,-nay 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 Plan or Final Plat Subdivision.
The applicant would need only to provide collateral for the improvements in_each
filing as approved. The County will place restrictions on thoseportions ofthe
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.
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F 1276 MARY ANN -FEUERSTEIN CLERK & RECORDER WELD CO, CO
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:
The Letter of Credit shall be in an amount equivalent of 100% of
the total value of the improvements as set forth in Section 6,0
and -exhibits "A" and "B" .
• 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.
• The applicant may draw from the Letter of Credit in accordance
with the provisions of this policy.
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. ) . The issuer of the Letter of
Credit will sign the Improvements Agreement acknowledging the
agreement and its cost estimates .
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.
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 1-5% , 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:
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 M,A.1 . member of the
American Institute of Real Estate Appraisers indicating that the
value of the property encumbered in its current degree of
development is sufficient to cover 100% of the cost of the
improvements as set forth in the Improvements Agreement plus all
costs of sale of the property.
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 M.A.I. member of the Institute of
Real -Estate Appraisers indicating that the value -of the property
encumbered its current state of development is sufficient to
cover 100X of the cost of the improvements as set forth in the
Improvements Agreement plus all costs of sale of the property.
B 1397 REC 02346218 08/13/93 16 : 15 $0 .00 5/009
F 1277 MARY 71NN FEUERSTEIN CLERK & RECORDER WELD CO, CO
•
A title insurance policy insuring that the Trust Deed creates a
valid encumbrance which is senior to all other liens and
encumbrances.
A building permit hold shall be placed on the encumbered
property.
8,3 Escrow Agreement that provides at least the following:
The cash in escrow is at least equal to 100% of the amount
specified in the Improvements Agreement,
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.
The escrow agent will be a Federal or State licensed bank or
financial institution.
If the County of Meld 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 100% of the value'of
the improvements as specified in the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to 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 Meld County.
9.2 lest results must be submitted for all phases of this project as per
Colorado Department of Highway Schedule for minimum materials
sampling, testing and inspections found in CDOH 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 huilt" J.s 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 Tire hydrants are
operational and state the results of fire flow tests.
9.6 The requirements in 8,0 thru 8.5 shall be noted on the final
construction plans.
9.7 Following the submittal of the Statement of Substantial Compliance andf
recommendation:of a000ptanoo of the streets for partial maintcnancc by-
ii. the applicant(s) may request release of the collateral for
the project or portion of the proj-ect -by the Board. This action will
be taken at a regularly _scheduled public meeting of the Board.
6
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F 1278 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
•
9.8 The request for release of collateral shall be accompanied by
"Warranty Collateral" in the amount of 10% 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 Commiooioscro. for full maintena..e..
under Beet-ion 5.3 herein the responsible governmental entity, special
district or utility company.
10,0 Public Sites and Open Spaces: When—the—Boa-rd—o-f un-ty-Commissionerp;
pursuant to a rezoning, subdivision or planned unit development, regyAes
the dedication, development and/or reservation of areas or sites other than
subdivision streets and utility easements of a character, xent and
location suitable for public use for parks, greenbelts or s oo1s, said
actions shall be secured in accordancewith one of the following
alternatives, or as specified in the PUD plan, if sny:
10.1 The required acreage as may be determined ac rding to Section 8-15-B
of the Weld County Subdivision Regulations shall be dedicated to the
County or the appropriate school distriict, for one of the above
purposes. Any area so dedicated s 1 be approved by the County or
school district, and shall be ntained by the County or school
district.
10.2 The required acreage as det mined according to Section 8-15-B of the
Weld County Subdivision egulations may be reserved through deed
restrictions as open area, the maintenance of which shall be a
specific obligatio in the deed of each lot within the subdivision.
10.-3 In lieu of land he County may require a payment to the County in an
amount equal the market value at the time of final plat submission
of the re red acreage as determined according to Section 8-15-B.
Such va a shall be determined by a competent land appraiser chosen
join y by the Board and the Applicant. The cash collected shall be
O d osited in an escrow account to be expendeci_forrpa-cics—a-t--.-i9—Ittet
izn
o U
0
N. 8 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,
Ca executors, personal representatives, successors and assigns of the
W Applicant, and upon recording by the County, shall be deemed a covenant
O 3 running with the land herein described, and shall be binding upon the
o a successors in ownership of said land.
49- 14
a
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
Wexecuted on the day and year first above written.
Ln a
BOARD OF COUNTY COMMISSIONERS
WE,COUNTY, COLORADO
xL....-47-12:2211,9AsetZ.--/,,eyrZeepZ
en O
aN
en
/ler eg-t
o Ei rf) ATTEST:, Lvah .
- t r
ao 5 Weld Cou ty Clerk to the Board '
N w BY: �AtI I I I lU' 1 P c 1' / ^
( l /
M z Deputy Cle�c to the Board` -� 8/a2/99
cv
U a APPROVED AS TO FORM: ,ac
C y Att ne. G�
Wx ',47ai„0..:n a, (717 .4.% APPLLC 1 L awl ecArst AerA 'rS/ ,
rn r`
M N
• r BY:
M w cc (ti ) CC
Sub'ecbed and sworn to before me this / —day of ^ , 19
/f. V
My-1144,on expires:
M/ rf No a r 3u i c
f f/1
�r c, � osv /
EXHIBIT "A"
Name of Subdivision: Del Camino Center P.U.D.
Filing:
west haif of the northwest quarter, section 14, TIN, RbUW of the
Location: 6th P.M. . WPlrl County Cnlnrada.
Intending to be legally bound, the undersigned Applicant hereby agrees to
provide throughout this subdivision and as shown on the subdivision final plat
dated March 22 19..g3,, recorded on , 19 ,
in Book , Page No. Reception No. , the following
improvements.
(Leave spaces blank where they do not apply.)
• Estimated
Improvements ;Unit Cost Construction Cost
Street grading 3.630 e.y. S 2.5n $ Q n75
Street base 10" 3.500 s.y. S 4.25 $14,R75
Street paving 3" 3.500 s.y. $ 4 SO $15,750
Curbs, gutters, and culverts 1_ea. SJ8.00 $ 1 ,Rnn
,Sidewalk n/a
Storm sewer facilities n/a
Retention ponds $ 1 Finn
Pitch improvements n/a
Subsurface drainage n/a
Sanitary sewers n/a
Trunk and forced lines n/a
Mains • o/a
Laterals (house connected) n/a
On-site sewage facilities n/a
. On-site water supply and storage n/a
Water mains n/a
Fire hydrants n/a
Survey & street monuments & boxes
n/a
Street lighting n/a
Street name signs n/a
Fencing requirements n/m
Landscaping n/a
Park improvements n/a
SUB-TOTAL S43. 1n0
Engineering and Supervision Costs $8,800.00
(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 $ 51,900.00
37% = $19,203.00
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 t the struction schedule
set out in Exhibit "B". 2i 7 p
Sitnature of Applicant
(If corporation, to be signed by President and attested to by Secretary,
together with corporate seal. )
Date: , 19
8
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F 128_0 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
•
EXHIBIT "B"
Name of Subdivision: Del Camino Center P.U.D.
Filing: the t
Location: �itPl If of tonorthwnstt quarter, Section 14, T2N, R68W of the
Intending to be legally bound, the undersigned Applicant hereby agrees to
construct the improvements shown on the final subdivision plat of
Subdivision,
dated March 22. , 19_91, Recorded on , 19 ,
in Book , Page No. , Reception No. , the following
schedule.
All improvements shall be completed within one year from the date of
approval of the final: site plan approval and building permit issuance or
any lot within this property.
(Leave spaces blank where they do not apply.) -
Improvements Time for Completion
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)
011-site sewage facilities
On-site water supply and storage
Water mains
Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements,
SDB-TOTAI4
The County, at its option, and upon the request by the Applicant, may grant
an extension of time for completion for any particular' improvements shown
above, upon a showing by the Applicant thz&t the ove j�-c edule cannot be met.
eAW
,➢,[+'
d' ynature of Applicant
(If corporation, to be signed by President and attested to by Secretary,
together with corporate seal. )
Date: , 19
B 1397 REC 02346218 08/13/93 16 : 15 40.00 9/009
F 1281 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
9
A=ze35en g,
DEL CAMINO CENTER
COVENANTS
THIS DECLARATION made this 8TH day of JULY 1993, by DEL CAMINO
CENTER PARTNERSHIP, A COLORADO PARTNERSHIP, hereinafter called the
"Declarant."
WITNESSETH:
WHEREAS, the Declarant is the present equity owner of property situated in the
County of Weld, State of Colorado, more particularly described as follows, hereinafter called
the "Premises":
Del Camino Center - Part of the West Half, Section 14-2-68 according to the
recorded plat thereof; and
WHEREAS, Declarant is desirous of subjecting said Premises to the conditions,
covenants, restrictions and reservations hereinafter set forth to insure proper use and
appropriate improvements of said Premises as follows:
1. Wherever herein used, the term "building site" shall mean any plot of land
lying within any Lot and Block in Del Camino Center, the size and dimensions of which
shall be established by the legal description in the original conveyance from Declarant to the
first fee owner of said plat of land, other than Declarant. A building site may also be
established by Declarant by an instrument in Writing, executed, acknowledged and recorded
by the Declarant and filed with Weld County, which designated a plat of land as a building
site for purposes of these Covenants. If two or more building sites, as defined hereinabove,
are acquired by the same owner in fee, its commonly owned building sites may, at the option
of said owner, be combined and treated as a single building site for purpose of the Covenants
contained herein.
R 1403 REC 02352028 09/27/93 15 :43 $75 .00 1/015
F 1097 MARY ANN FEUERSTEIN CLERK & RECORDER WELD co, CO
CC : .0z.//9/0,t, Fj -1-
2. No noxious or offensive trades, services or activities shall be conducted on any
building site nor shall anything be done thereof which may be or become an annoyance or
nuisance to the owner, tenant or occupant of other building sites within the Del Camino
Center area by reason of unsightliness or the excessive emission of fumes, odors, glare,
vibration, gases, radiation, dust, liquid waste, smoke or noise.
3. No building shall at any time be erected on any building site within twenty-
five (25) feet of any street easements adjoining the same, or any perimeter property line of
Del Camino Center. No building shall be constructed within ten (10) feet or one (1) foot for
every two (2) feet of building height, whichever is greater from internal property lines.
4. All vehicles shall be parked within the building site when loading or unloading
at a building site. No loading dock shall be erected on any building site fronting on any
street, unless the front of such loading platform shall be set back at least one hundred fifty
(150) feet from the property line abutting the street on which said loading dock fronts.
5. Any owner, tenant or occupant of any building site shall provide on the
Premises off-street automobile parking facilities for each employee employed on the Premises
by the original occupants thereof:nd appropriate visitor parking. All off-street parking and
access drives and all loading areas shall be hard surfaced and properly graded to assure
proper drainage. Parking lot lighting, poles, and fixtures shall not exceed thirty-five (35)
feet in height.
6. Any owner, tenant or occupant of any building site shall submit to the
Declarant's Architectural Review Committee plans and specifications for any building,
improvements, or landscaping to be placed on the Premises. No building improvements or
landscaping shall be erected or placed on the Premises without the prior written approval of
plans and specifications therefore given by the Architectural Review Committee. All
buildings shall be constructed of concrete masonry units, tilt-up construction (excluding twin-
tees) or brick. All other materials shall be reviewed by and must be approved specifically by
the Architectural Review Committee. Landscaping must meet minimum requirements of the
PUD plan recorded with Weld County.
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F 1098 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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7. No building site nor any part thereof shall at any time be used for any of the
following purposes: jump, riding academy, public incinerator, rodeo, junk yard, trampoline
center, quarries, sewage disposal plants, or gravel pits. Permitted uses shall be those as
defined in the PUD plan recorded and accepted by Weld County.
8. Any owner, tenant or occupant of any building site agrees that the area
between the building lines as herein defined and the street property lines shall be used only
for either open landscaped and green areas or for service access to the building or to a
parking lot. Landscaped areas shall be done attractively with lawn, trees, shrubs or similar
treatment and shall be properly maintained in a sightly and well-dept condition. All
landscaping required hereunder or otherwise to be provided on-any building site shall be
completed within sixty (60) days after the completion of construction of improvements
constructed on any building site; provided, however, if weather conditions do not at such
time permit, then such landscaping shall be completed as soon thereafter as weather
conditions permit.
9. Water towers, water tanks, standpipes, penthouses, elevators, or elevator
equipment, stairways, ventilating fans or similar equipment required to operate and maintain
any building, fire or parapet walls, skylights, tanks, cooling or other towers, wireless radio
or televisions masts, flagpoles, chimneys, smoke stacks, gravity flow storage and mixing
towers or similar structures may exceed-a height of forty-five (45) feet from the established
building grade, only with the prior written approval of the Architectural Review Committee.
10. Any owner, tenant, or occupant of any building site shall submit to the
Architectural Review Committee or its designee, all plans for signs to be erected, substituted,
changed or modified on the Premises, including details of design, materials, location, size,
heights, color and lighting. No sign shall be erected, substituted, changed or modified on the
Premises without the prior written approval of plans and specifications therefore given by the
Declarant, or its designee. Sign shall also meet Weld County requirements.
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F 1099 MARY ANN FFUERSTEIN CLERK & RECORDER WELD CO, CO
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11. The property Owners Association hereby retains such rights-of-way and
easements as may be necessary or convenient for the purpose access as well as of erecting,
construction, maintaining, repairing and operating utility services over, across, under and
through each building site in the designated setback areas between the building lines and the
property lines, including public utility wires, and conduits for lighting, power and telephone,
o gas line, sanitary sewer, storm sewer and water, and the Declarant shall have the right to
grant rights-of-way and/or easements to others to carry out this purpose. Any contract for
`" o the laying of such lines, wires, conduits, pipes or sewers shall also provide that the Premises
w shall be reasonably restored to the same condition they were in prior to the doing of such
o
" 3 work. The Property Owner's Association shall have the right to assess individual property
in a
aowners for maintenance, repair and snow removal of the private access roads within Del
8 Camino Center, prorated based upon the land area containing improvements serviced by the
c a access road.
QS
12. Storage yards on any building site for equipment, raw materials, semi-finished
en a or finished products shall be allowed only with the prior written approval of the Declarant,
al
Z or its designee. Declarant reserves the right to require fencing, shrubs, hedges, or other
Ffoliage as to effectively screen the view of such storage areas as deemed necessary in
wkeeping the Premises in a neat and sightly condition.
ow 13. Each owner, tenant, or occupant of any building site shall keep said building
z site and the buildings, improvements, landscaped areas and appurtenances thereon in a safe,
CS `4 clean, maintained, neat, wholesome condition and shall comply in all respects with all
agovernmental statutes, ordinances, regulations, health and police and fire requirements. Each
rn 0 such owner, tenant or occupant shall remove, at its own expense, any rubbish or trash of any
00
rl character which may accumulate on its building site, and shall keep un-landscaped areas
w maintained and free from weeds and other unsightly plant growth, rubbish and debris.
Rubbish, trash, garbage and other waste shall be kept only in sanitary containers. All
equipment for the storage or disposal of such materials shall be kept in a clean and sanitary
condition. Rubbish and trash shall not be disposed of on the Premises by burning in open
fires. In the event any owner, tenant, or occupant of any building site fails to keep
landscaped or un-landscaped areas maintained as provided for herein, then in such even
Declarant, or this designee, may within fifteen (15) days after written notice of such failure
-4-
to owner, tenant or occupant, cause such area to be maintained in accordance herewith for
the account and at the expense of such owner, tenant or occupant of said building site.
14. No fence, wall, hedge or shrub, plant or tree which obstructs site lines at
elevations between three and six feet above the roadway shall be placed or permitted to
remain on any corner of any building site within the triangular area formed by street property
lines and a line connecting them at points twenty-five(25) feet from the intersection of the
o street line.
- u
15. Each of the foregoing covenants, conditions and restrictions shall run with the
In
u land, and a breach of any one of them and continuance thereof, may at the option of the
o a Declarant, its successors or assigns, be enjoined, abated or remedied by appropriate
og
an a proceedings, in addition to any other remedy at law or in equity. It is understood, however,
A that the breach of any of the foregoing covenants, conditions and restrictions shall not defeat
w or render invalid the lien of any mortgage or deed of trust on the premises made in good
a faith and for value; provided however, (i) that any breach or continuance thereof may be
an
enjoined, abated or remedied by the proper proceedings as aforesaid; and (ii) that each and
o • all of the foregoing covenants, conditions and restrictions shall at all times remain in full
u
z force and effect against said premises or any part thereof, not withstanding any foreclosure
N H
F of any such mortgage or deed of trust. No assent, expressed or implied, to any breach of
[n
any one or more of the within covenants or agreement hereof shall be deemed to be taken to
03 O
No w be waiver of any succeeding or other breach.
16. If any provisions of these covenants are held invalid as a matter of law, such
invalidity shall not affect the other provisions of these covenants, all of which shall remain in
u
C4 Z. full force and effect as herein set forth.
en 0 17. These protective covenants and amendments thereto shall remain in full force
a �
HI H and effect until April 1, 2009, provided, however, by written recorded instrument, the
a Declarant may amend these protective covenants.
18. Site security and facility protection will be provided through private security
arranged and compensated by the property owners association or by individual property
-5-
owners. The Weld County Sheriff will respond to provide service only as required to
investigate a crime. Random area patrol, general area and facility security are not the
responsibility of the Weld County Sheriff according to the Colorado Revised Statutes.
19. The Architectural Review Committee shall consist of three members and be
comprised of a representative of Hauser Chemical Research, Inc., Specialty Products, and
a member of Del Camino Center Partnership.
IN WITNESS WHEREOF, the Declarant has caused these covenants to be executed
the day and year first above written.
DEL CAMINO CENTER PARTNERSHIP
A Colorado Partnership
1-/ —V/ tel---,77
State of -c£'rGLO.O
County of j,ect dlic
The foregoing instrument was acknowledged before me this.i'Nk day of`-. U.-6y ,
1915
Witness my hand and official seal. _
My commission expires: 4, -7 -9a
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$75 .00 6/015
B 1403 REC 02352020 09/27/93 15:43
F 1102 MARY ANN FEUERSTEIN CLERK & RFCORDER WELD CO, CO
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COUNTY OF WELD, STATE OF COLORADO
ROAD IMPROVEMENTS AND MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 2&2"' day of L.-
1989, by and between the COUNTY OF WELD, STATE OF COLORADO, hereinafter called
"County" and DEL CAMINO CENTER PARTNERSHIP, hereinafter called "DCCP". m W
N~
WHEREAS, DCCP has applied to the County for a PUD Plan, Case No. S-300, for o
an industrial park development located in the W1 of the N , Section 14, W
W%
N O
T2N, R68W of the 6th P.M. , Weld County, Colorado and
tT
WHEREAS, the development will increase traffic on County Road 22, and
WHEREAS, the County Commissioners have requested the paving of a portion
of Weld County Road 22,
NOW, THEREFORE, in consideration of the mutual convenants and conditions
hereinafter set forth, the Counth and DCCP mutually agree as follows:
co
HOD
A. To execute an agreement pursuant to the Weld County Policy Regarding t' 0
Collateral for Improvements prior to the initiation of any development 0 -4
activiites in the Del Camino Center PUD which shall include provisions r: m
as follows: r
t=;
1. Access onto Weld County Road 22 from the property shall be limited x as
to three, two of which may be shared accesses. R'
;via.)
2. DCCP agrees to pay 37% of the total improvement costs for Weld County c�
Road 22. The total improvement costs are currently estimated to be
$51,000 by the County. DCCP's share of the improvements is based
upon a projected traffic count of 38.3 trips/acre on the property Pa o
adjacent to Weld County Road 22.
o
L.1 o
3. Weld County Road 22 shall be improved from DCCP's east property line OO
west to the existing pavement at the intersection of Weld County
Road 22 and the I-25 frontage road. The improvements shall consist OI-'
of a 3 inch thick by 24 foot wide hot bituminous asphault with (2)
6 foot wide shoulders. The base course shall be 10 inches thick N
and shall be Highway Class 6 aggregate. o
4. DCCP, through the paving contractor yet to be named, will warranty
and maintain the improved portion of Weld County Road 22 for a period
of one year, after such time the County shall be responsible for
maintenance.
09-
PURPORTED COPY :330657
5. All construction and materials shall be in accordance with
the State Department of Highways, Division of Highways, State
of Colorado, Standard Specifications for Road and Bridge
-Construction, latest edition.
6. The County will provide testing and inspection for the
construction.
7. No lots shall be platted or sold that access Weld County Road
22 until such time that the above mentioned portion of Weld
County Road 22 is improved.
B. DCCP agrees to participate in a Local Improvement District pursuant
to CRS 530-20-601 et seq. in the event one is established to fund
the improvements to Weld County Road 22 provided that the projected
assessment is equal to or less than the estimated cost of improve-
ments in Paragraph A. In the event a Local Improvement District is
established, DCCP shall not be required to enter into the agreement
set forth in Paragraph A. DCCP shall agree to pay whatever amount
is assessed according to the benefit to the property by the Local
Improvement District which is currently estimated at $18,870.00
subject to the limitation state herein.
C. "Development Activities" include any construction, or issuance of
building permits.
D. Parties agree that this agreement shall constitute a covenant running
with the land.
IN WITNESS WHEREOF, the parties hereto have duly executed the agreement
the day and year first-above written.
DEL CAMINO CENTER PARTNERSHIP BOARD OF COUNTY COMMISSIONERS
By:
Title: GGe$eral Partnee Title:
BY: LI )YlLI�ILr
Edwin S. Kanemoto
Title: General Partner
ATTEST: t�jiVr�C�� JCctl
Weld County Clerk and Recorder
and Clerk to the Board
Af mEmoRAnDum
W��I Board of County Commissioners July 27, 1993
To Date Chuck Cunliffe, Department of Planning Services ///111
��
COLORADO From
•
Subject
Camino Partnership, et al. , Subdivision Improvement
sub
Agreements
The Department of Planning Services' staff recommends that the Board accept the
two subdivision improvement agreements as proposed and authorize the Chairman to
sign. The Weld County Engineering Department and Attorney's office have reviewed
the agreements and recommend approval.
There are no changes proposed to the off-site road improvements agreement for
Weld County Road 22 and the existing agreement will remain in effect.
c� �f- 930657
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