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AR2309829
AMENDED
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
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
the 'Applicant' .
eo p WITNESSETH
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WHEREAS, Applicant is the owner of or has a controlling interest in the
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U following described property in the County of Weld, Colorado:
o WNW! of Section 13, Township 6 North, Range 67 West of the 6th P.M. ,
0 3 Weld County, Colorado, considering the North line of the said NW; as
o x bearing N 88°59'02" E and with all bearings contained herein relative
W thereto bears S 00°16'27" E 1687.64 ft. to a point on a line and again
Qa S 62°00'50" W 126.06 ft. , and again N 76°04'03" W 138.38 ft. , and
V again S 69°29' 14" W 211.00 ft. , and again N 87°43'28" W 239.15 ft. ,
Ww' and again S 84°34' 13" W 248.30 ft. , and again N 77°18'10" W 78.56 ft. ,
.-4 and again N 11°12'00" E 90.52 ft. from the N; corner of said Section
N 13 and runs S 75°03'00" W 169.34 ft. , thence N 77°18'10" W 41.75 ft. ,
'i x and again N 63°14'25" W 94.25 ft. , and again N 47°38'42" W 83. 78 ft. ,
W and again N 26°48'57" W 92.66 ft. , and again N 21°17'08" W 208.10 ft. ,
m• U and again N 17°43'02" W 344.63 ft. ; thence N 73°56'33" E 301.10 ft. ;
thence along said line N 16°03'27" W 75.28 ft. ; thence N 73°56'33" E
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o H 296. 75 ft. ; thence S 12°23'00" W 199.55 ft. ; thence S 16°03'27" E
v-i H 196.00 ft. ; thence S 80°16'27" E 109. 12 ft. ; thence S 11°12'00" W
• a 515.08 ft. to the point of beginning.
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WHEREAS, a final subdivision plat of said property, to be known as ANTELOPE
00 w HILLS P.U.D. has been submitted to the County for approval, and
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"1 z1y WHEREAS, Section 11-1 of the Weld County Subdivision Regulations provides
o that no final plat shall be approved by the County until the Applicant has
U submitted a Subdivision Improvement Agreement guaranteeing the construction of
athe public improvements shown on plans, plats and supporting documents of the
r subdivision, which improvements, along with a time schedule for completion, are
vi r listed in Exhibits 'A' and 'B' of this Agreement.
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G. 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. 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.
a. 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.
b. 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.
c. 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.
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910474
2. 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 the 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
0o U recording.
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NO 3. Construction: Applicant shall furnish and install, at its own
U expense, the subdivision improvements listed in Exhibit 'A' which is
[a attached hereto and made a part hereof by this reference, according to
a
O 3 the construction schedule set out in Exhibit 'B' also attached hereto
and made a part hereof by this reference.
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a. Said construction shall be in strict conformance to the plans and
O drawings approved by the County and the specifications adopted by
�j the County for such public improvements. Whenever a subdivision
rn a is proposed within three miles of an incorporated community
w located in Weld County or located in any adjacent county, the
',CN Applicant shall be required to install improvements in accordance
Wwith the requirements and standards that would exist if the plat
O4 ,.a were developed within the corporate limits of that community. If
c U the incorporated community has not adopted such requirements and
�n 2 standards at the time the subdivision is proposed, the
W requirements and standards of the County shall be adhered to. If
H both the incorporated community and the County have requirements
w and standards, those requirements and standards that are more
cn p restrictive shall apply.
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o Z b. Applicant shall employ, at its own expense, a qualified testing
M Z company previously approved by the County to perform all testing
o of materials or construction that is required by the County; and
U >4 shall furnish copies of test results to the County.
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a c. At all times during said construction, the County shall have the
r r- right to test and inspect, or to require testing and inspection
Lin rnn � of, material and work at Applicant's expense. Any material or
'i "; work not conforming to the approved plans and specifications
rz+ shall be removed and replaced to the satisfaction of the County
at Applicant's expense.
d. 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.
e. Said subdivision improvement 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 5 herein.
4. 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 o£ 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.
2 of 6 Pages 910474
5. Acceptance of Streets by the County: Upon compliance with the
following procedures by the Applicant, streets within a subdivision
may be accepted by the County.
a. If desired by the County, portions of street improvements may be
0o O placed in service when completed according to the schedule shown
o U on Exhibit 'B' , but such use and operation shall not constitute
an acceptance of said portions.
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q b. County may, at its option, issue building permits for
o w construction on lots for which street improvements detailed
o herein have been started but not completed as shown on Exhibit
o a 'B' , and may continue to issue building permits so long as the
te- A progress of work on the subdivision improvements in that phase of
a4 the development is satisfactory to the County; and all terms of
U this Agreement have been faithfully kept by Applicant.
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1 c. Upon completion of the construction of streets within a
N ° subdivision and the filing of a Statement of Substantial
^� W Compliance, the applicant may request in writing that the County
W Engineer inspect its street and recommend that the Board of
cn U County Commissioners accept them. Not sooner than nine months
after partial acceptance of the streets, the County Engineer
LE: H shall, upon request by the applicant, inspect the subject
� E streets, and notify the applicant of any deficiencies. The
"-t a County Engineer shall reinspect the street after notification
W from the applicant that any deficiencies have been corrected. If
N W the County Engineer finds that the streets are constructed
00 G. according to County standards, he shall recommend full acceptance
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o Z of streets. Upon a receipt of a positive unqualified
N < recommendation from the County Engineer for acceptance of streets
o with the development, the Board of County Commissioners shall
w C4 accept said streets.
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0 6. General Requirements for Collateral: The value of all collateral
to r-- submitted to Weld County must be equivalent to 100% of the value of
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the improvements as shown in this Agreement. Prior to Final plat
w approval, 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 Final plat approval and all preliminary approvals
shall automatically expire. An Applicant may request that the County
extend the Final Plat approval provided the cost estimates are updated
and the development plans are revised to comply with all current
County standards, policies and regulations. The improvements shall be
completed within one (1) year after the Final plat approval (not one
year after acceptable collateral is submitted) unless the applicant
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.
a. The Applicant intends to develop in accordance with Exhibits 'A'
and 'B' .
7. Improvements Guarantee: The five types of collateral listed below are
acceptable to Weld County subject to final approval by the Board of
County Commissioners.
a. 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:
3 of 6 Pages 9104,74
(1) The Letter of Credit shall be in an amount equivalent to
100% of the total value of the improvements as set forth in
Section 5 and Exhibits 'A' and 'B' .
(2) The Letter of Credit shall provide for payment upon demand
to Weld County if the developer has not performed the
obligations specified in the Improvements Agreement and the
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o v issuer has been notified of such default.
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v O (3) The applicant may draw from the Letter of Credit in
U accordance with the provisions of this policy.
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0 3 (4) The issuer of the Letter of Credit shall guarantee that at
all times the unreleased portion of the Letter of Credit
o W shall be equal to a minimum of 100% of the estimated costs
mi- a of completing the uncompleted portions of the required
p improvements, based on inspections of the development by the
U issuer. In no case shall disbursement for a general
rn a improvement item exceed the cost estimate in the
w Improvements Agreement (i.e. , streets, sewers, water mains
p4 and landscaping, etc. ) .
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N FW-1 (5) The Letter of Credit shall specify that 15% of the total
c V Letter of Credit amount cannot be drawn upon and will remain
• z available to Weld County until released by Weld County.
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(6) The Letter of Credit shall specify that the date of proposed
a expiration of the Letter of Credit shall be either the date
rn of release by Weld County of the final 15%, or one year from
CO w the date of Final plat approval, whichever occurs first.
o z Said Letter shall stipulate that, in any event, the Letter
N Z of Credit shall remain in full force and effect until after
o the Board has received sixty (60) days written notice from
the issuer of the Letter of Credit of the pending
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expiration. Said notice shall be sent by certified mail to
x the Clerk to the Board of County Commissioners.
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en \o b. A Trust Deed upon all or some of the proposed development or
i other property acceptable to the Board of County Commissioners
W WI provided that the following are submitted:
(1) In the event property within the proposed development is
used as collateral, an appraisal is required of the property
in the proposed development by a disinterested 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.
(2) In the event property other than the property to be
developed has been accepted as collateral by Weld County,
then an appraisal is required of the property by a M.A.I.
member of the American 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.
(3) A title insurance policy insuring that the Trust Deed
creates a valid encumbrance which is senior to all other
liens and encumbrances.
(4) A building permit hold shall be placed on the encumbered
property.
4 of 6 Pages 91.®4'74
c. An Escrow Agreement that provides at least the following:
(1) The cash in escrow is at least equal to 100% of the amount
specified in the Improvements Agreement.
(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.
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0o U (3) The escrow agent will be a Federal or State licensed bank or
financial institution.
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Ca (4) If the County of Weld determines there is a default of the
o W Improvements Agreement, the escrow agent, upon request by
0 3 the County, shall release any remaining escrowed funds to
o a the County.
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od. A Surety Bond given by a corporate surety authorized to do
U business in the State of Colorado in an amount equivalent to 100%
aof the value of the improvements as specified in the Improvements
Agreement.
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a e. A Cash Deposit made with the County equivalent to 100% of the
W value of the improvements.
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8. Request for Release of Collateral: Prior to release of collateral for
o H the entire project or for a project by Weld County, the Applicant must
Hpresent a Statement of Substantial Compliance from an Engineer
a registered in Colorado that the project or a portion of the project
has been completed in substantial compliance with approved plans and
N W specifications documenting the following:
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o Z a. The Engineer or his representative has made regular on-site
N 4 inspections during the course of construction and the
o construction plans utilized are the same as those approved by
W M Weld County.
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r o b. Test results must be submitted for all phases of this project as
�n m per Colorado Department of Highway Schedule for minimum materials
r--I sampling, testing, and inspections found in CDOH Materials
w Manual.
c. "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.
d. 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.
e. 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.
f. The requirements in 7 through 7e shall be noted on the final
construction plans.
g. Following the submittal of the Statement of Substantial
Compliance and recommendation of acceptance of the streets for
partial approval by the County, applicant 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.
5 of 6 Pages 91.®4 /,1
h. 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.
i. The warranty collateral shall be released to the applicant upon
final acceptance by the Board of County Commissioners.
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o U 9. Successors and Assigns: This Agreement shall be binding upon the
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heirs, executors, personal representatives, successors and assigns of
Uthe Applicant, and upon recording by the County, shall be deemed a
o covenant running with the land herein described, and shall be binding
o W upon the successors in ownership of said land.
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o IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
�► WO executed on the day and year first above written.
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GU*7 BOARD OF COUNTY COMMISSIONERS
m-� W ATTEST: iardia�th WELD COU COLORADO
a Weld County CYgrls to the Board
� i Gor . L c , airman
W r1
(-4 U By � ' s
m �1�r y
o H Deputy tlero the Boar Geri
e Kennedy, Pro-Tem
a APPROVED`A TO FORM: 132— J94,(. eA
W C nstance L. Harbert
co W .1 �f/
o Z County Attorney C. W. K rby / /1 n ��
N Ti Y aP2 U
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W � W. H. Webster
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W APPLICANT:
6_. of / v der
Duane
Subscribed and Sworn to before me this �tay of Jr�U L 19 V.
My commission expires: MyCOrtlrtns5i00 Expires Jan 95
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6 of 6 Pages 910474
•
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 ,
19 , in Book , Page No. ,
Reception No. the following improvements.
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o U
c Estimated
r O Improvements Unit Cost Construction Cost
U
A Street grading $ 1.50/CY $ 1,088.00
0 3 Street base $ 4.00/SY $ 8,520.00
Street paving $ 4.24/SY $ 7,070.00
o a Curbs, gutters, and culverts $ 10.00/LF $ 750.00
aSidewalk N/A
O Storm sewer facilities N/A
U Retention ponds N/A
cma Ditch improvements $ 1.50/CY $ 450.00
a o Subsurface drainage N/A
•--i x Sanitary sewers N/A
W Trunk and forced lines N/A
N 4 Mains N/A
O1 U Laterals (house connected) N/A
ro 2 On-site sewage facilities N/A
� H
On-site water supply and storage N/A
H E Water mains $ 12.00/LF
r-4 m
W Main Tap $ 500.00/Each $ 9,584.00
m p Fire hydrants $1500.00/Each $ 1,500.00
CO w Survey and street monuments and
0 boxes N/A
2
N
z Street lighting N/A
nr Street name signs N/A
U a Fencing requirements N/A
Ci g Landscaping N/A
Park improvements N/A
n N SUB-TOTAL $ 28, 962.00
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M W Engineering and Supervision Costs $2,500.00
(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 $ 31, 462.00
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 to the construction
schedule set out in Exhibit 'B' .
DUANE KUNKEL Caa- ??1J{9
Signature of Applicant
Date: 0VyM. 2 , 19 7/.
91.0474
..
EXHIBIT 'B'
Name of Subdivision: ANTELOPE HILLS P.U.D.
Filing: FIRST
Location: NWe 513, T6N, R67W OF THE 6TH P.M. , WELD COUNTY
Intending to be legally bound, the undersigned Applicant hereby agrees to
construct the improvements shown on the final subdivision plat of
co
p Subdivision, dated , 19
to c..) recorded on , 19 , in Book ,
CD
Page No. , Reception No.
U the following schedule. '
a All improvements shall be completed within years from the
c 3 date of approval of the final plat.
� W Construction of the improvements listed in Exhibit 'A' shall be
n completed as follows:
U (Leave spaces blank where they do not apply. )
W
R Improvements Time for Completion
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H x Street grading May 31, 1991
Street base
W June 15, 1991
rn U Street paving June 30, 1991
� Curbs, gutters, and culverts June 15, 1991
o Z Sidewalk N/A
�
41 E Storm sewer facilities June 30, 1991
,-i m Retention ponds N/A
W Ditch improvements June 30, 1991
m W Subsurface drainage N/A
m W Sanitary sewers N/A
m Z Trunk and forced lines N/A
m Z Mains N/A
N Laterals (house connected) N/A
U 6i On-site sewage facilities N/A
aOn-site water supply and storage N/A
Water mains June 15, 1991
" C^ Fire hydrants
In co
Y June 15, 1991
m VD Survey and street monuments and boxes
� i-i
Street lighting N/A
m k' Street name signs N/A
Fencing requirements N/A
Landscaping N/A
Park improvements N/A
COMPLETION June 30, 1991
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 that the above schedule
cannot be met.
DUANE KUNKEL 0 -4;lam /i(—4_
Signietia41 Applicant
Date: OJAp 2fO/ , 19 5.Y .
91 /
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