HomeMy WebLinkAbout931119.tiff RESOLUTION
RE: APPROVE DECLARATION OF PROTECTIVE COVENANTS AND ROAD MAINTENANCE FOR
PLEASANT VIEW ACRES AND IMPROVEMENTS AGREEMENT ACCORDING TO POLICY
REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) WITH
PRISTINE INVESTMENTS - IHNEN
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 August 11, 1993, the Board approved a Minor
Subdivision Final Plat for Verna Ihnen on property described as being a portion
of the NW** of Section 6, Township 4 North, Range 68 West of the 6th P.M. , Weld
County, Colorado, and
WHEREAS, the Board has now been presented with Declaration of Protective
Covenants and Road Maintenance for Pleasant View Acres and an Improvements
Agreement According to Policy Regarding Collateral for Improvements (Private Road
Maintenance) between Pristine Investments/Verna Ihnen and the County of Weld,
State of Colorado, with the terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve said
covenants and agreement, 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 Declaration of Protective Covenants and Road
Maintenance for Pleasant View Acres and the Improvements Agreement According to
Policy Regarding Collateral for Improvements (Private Road Maintenance) between
Pristine Investments/Verna Ihnen and the County of Weld, State of Colorado, be,
and hereby are, approved.
PL0921
931119
C
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COVENANTS AND IMPROVEMENTS AGREEMENT/COLLATERAL - PRISTINE/IHNEN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 27th day of October, A.D. , 1993.
n BOARD OF COUNTY COMMISSIONERS
ATTEST: /(? /1/ /// WELL COUNTY, COLORADO
/t4dcr /o Board
r (�. � �--
Weld County Clerk to the B ,� S./An/.r1J r
Constance L. Harbert, Chairman
/).61 -(At>.
Deputy Clerk to the aoard_ W. H -Webster, P o-Tem
I//
APPROVED AS TO FORM: L ten-, c
TkrcE.:47Baxter
��r�
County Attorney Dale K. Hall
EXCUSED
Barbara J. Kirkmeyer
931119
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B 1416 02358M0 11/05/93 u_ : e .
F 1279 1 ANN FEUEHSTEIN CLERK L _ ._ ,JRDLN WELD CO, . i)
AR23582`1U DECLARATION OF PROTECTIVE COVENANTS
AND ROAD MAINTENANCE FOR
PLEASANT VIEW ACRES
The developers of Pleasant View Acres have established a Homeowners '
Association to benefit all owners with the subdivision. The Association
administers the covenants, upholds design guidelines and manages the
affairs of the subdivision.
Membership is automatic upon purchase of a lot. The covenants and
design guidelines provide a flexible procedure for the overall
development of Pleasant View Acres . They also establish methods for
administration, maintenance and enforcements of the Homeowner' s
Association.
These covenants and guidelines are designed to enhance the value,
desirability and long-term attractiveness of Pleasant View Acres .
The undersigned, being the Declarant and owner of all the land in
Pleasant View Acres, being a portion of the Northwest Quarter of Section
6, Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado
as shown by a plat of said subdivision dated the /S day of
19 53 , do hereby make this Declaration of Protective Covenants applicable
to all lots in Pleasant View Acres .
1 . ARCHITECTURAL ADVISEMENT COMMITTEE
a. The Architectural Advisement Committee shall consist of three
persons . The managing partner for the Declarant shall have the
right to appoint the initial Committee members whose terms shall
expire at such time as the Declarant has transferred title on all
lots within Pleasant View Acres subdivision . Thereafter, the
Committee shall be as specified by the Lot owners . The decision
of any two members of said Committee shall determine all
questions as to the conduct of said Committee . No Committee
member shall be entitled to compensation for services rendered
pursuant to these covenants .
b. Should the Committee fail to approve or disapprove plans and
specifications submitted to it by the owner of a lot in the
subdivision within sixty days after written request therefore,
then such approval shall not be required provided that no
building or other structure shall be constructed, erected,
altered, placed, or allowed to remain on any lot which violates
any of the covenants or restrictions herein contained .
c. No member of the Committee or the Declarant shall be liable
for any loss, damage, or injury arising out of or in any way
connected with the performance of the duties of the Committee.
The Committee shall not be responsible for safety requirements,
whether structural or otherwise, or of being in conformance with
building codes or other governmental laws or regulations .
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d. The Architectural Advisement Committee may grant a variance
on any requirements specified in paragraphs 3, 4 or 5 of these
covenants .
2 . LAND USE
a . No lot shall be used except for a single family residential
purpose and no building shall be erected, altered, placed or •
permitted to remain on any lot other than one single family
dwelling, one private garage for not more than four vehicles, and
accessory buildings or barns not to exceed three. Each single
family residence shall be owner occupied.
b. No obnoxious or offensive activity shall be permitted on any
lot nor shall anything be permitted which may be or may become an
annoyance or nuisance to the neighborhood.
c. No manufacturing, industrial, or commercial enterprise shall
be permitted on any lot, except those associated with horse-
related activities, and specifically excluding feed lots, pig
farming, junkyards, rendering facilities and breeding and/or
training kennels .
d. No oil drilling, oil exploration, oil development operations,
oil refining, or other quarrying or mining operations of any kind
shall be permitted upon or under any lot except for those
operations which already exist and are in place with the Seller.
e . No structure of a temporary character, trailer, basement,
shack, garage, barn, or other accessory building shall be used as
a permanent or temporary residence, with the exception of an RV
or recreational trailer.
f . No part of any lot shall be used as a site for mobile homes
or trailers, irrespective of whether such mobile home or trailer
is occupied as a dwelling or is stored on the lot, except during
construction. Construction of the permanent structure shall
commence within sixty (60) days after placement of mobile home or
trailer is in place on said lot . At the time of completion of
the home, all temporary residences shall be removed.
g . No sign or advertising of any kind, except for those of the
Declarant and its sales agents, shall be erected, placed,
permitted, or maintained upon any lot except for "For Sale" sign
referring only to the lot on which displayed.
3 . ANIMALS
a . No animals of any kind shall be raised, bred, trained or kept
on any lot for commercial purposes .
b. A combined maximum number of four cats and two dogs over the
age of twelve weeks and 4-H projects for children under the age
of 18 shall be permitted.
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c. One horse per two acres, or fraction thereof, as shown on
plat, shall be permitted on any lot only if a suitable corral is
constructed and the horses are not permitted to overgraze .
d. No other animals shall be permitted without the written
approval of the Architectural Advisement Committee .
4 . BUILDINGS AND IMPROVEMENTS
These design guidelines establish standards for design features,
architectural styles, exterior colors and materials, construction
details and the locations and size of structures . The design
guidelines, from time to time, shall be reviewed and revised by
the Architectural Advisement Committee.
a . No building or improvement, including fences, shall be
constructed, erected, placed, or altered on any lot until the
construction plans and specifications have been approved by the
Architectural Advisement Committee . The Committee ' s approval or
disapproval of plans and specifications as required by these
covenants shall be in writing. The Committee ' s refusal to
approve plans and specifications may be based on any grounds,
including purely aesthetic grounds, which in the sole discretion
of the committee shall seem sufficient with the right of appeal
to the entire Homeowner' s Association, which will have the tinal
judgment . No barn or outbuilding is to be built prior to
building the residential home without permission from the
Architectural Advisement Committee .
b. Housing Requirements
- Housing styles include ranch, tri-level and two-story
homes (i .e. , Victorian, Country Farmhouses, Traditional
and Contemporary) . The minimum finished living space,
above ground, is 1700 square feet . The minimum finished
living space on two or more floors is 2100 square feet .
Two-story homes must be built with a minimum of 60% of the
finished area on the first floor.
- Garages may be attached and accommodate a minimum of two
and a maximum of four automobiles .
- Roofs must have a minimum of 4 : 12 pitch and be of wood,
fiberglass, shake, cedar or high-quality asphalt shingles .
Simulated shakes, or other materials, such as concrete or'
tile, will be considered.
- All exterior wall surfaces shall be masonry brick, stone,
stucco, natural wood siding or a composite siding, such as a
high-grade masonite will be permitted. Vinyl, aluminum or
other metal sidings or trims are not permitted. All buildings
and improvements located on any one lot must be of the same
architectural design and styling, or compatible colors
and materials, to be in harmony with the dwelling .
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F 1282 MARY . FEUERSTEIN CLERK & RECO..s_d WELD CO, CO
- Wood, vinyl-clad or metal-clad wood window frames are
permitted.
- All homes, outbuildings, corrals, fences, etc. must be
painted in aesthetically pleasing colors set forth by the
Architectural Control Committee. Neutral colors (ivory,
white, light yellow and light gray, etc. ) are the preferred
colors . Others will be considered on a case-by-case basis .
- Barn and Outbuildings : A steel pole barn is not to exceed
2000 square feet, which will be finished in coordinating
colors of the home (no plain steel is permitted) .
c . Landscaping Requirements
- Landscaping requirements are designed to ensure attractiveness
and continuity within Pleasant View Acres . It is recommended
that each lot shall have a minimum of three 2" caliper
deciduous trees or evergreen trees in the front and side yard
areas . The front and side yard area consists of footage
extending a maximum of 50 feet in these three directions .
- Each lot shall have at least two 2" caliper trees and one 6
foot evergreen in the backyard area. The backyard area
extends a maximum of 100 feet back from the residential
dwelling.
- No trees are to be planted on the irrigation easements .
- At least 60% of the front yard, excluding driveways, must be
in grass or other vegetative cover.
- Landscaping must be installed as soon as reasonably possible
following construction and pending the results of the Atrazine
soil tests .
d. All dwellings and garages shall be located at least 50 feet
from all streets and 30 feet from all other property lines . All
other buildings shall be located at least 125 feet from all
streets and 30 feet from all other property lines . All dwellings
and private garages, shall be entirely located within the
building envelope . Any distance other than that stated above
shall be approved the by local fire district .
e . All buildings and improvements shall be constructed of good
and suitable materials, and workmanship shall result in first
class construction and be accompanied in a professional manner.
f . Construction of buildings and improvements on any lot shall
be completed within one year from the date of commencement .
g . All walls, fences, or corrals shall be approved, in writing,
by the Architectural Advisement Committee prior to construction.
No corrals used to confine livestock shall be constructed within
125 feet of any street. Pasture fences may be located on the
property lines .
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F 1283 MARY ANA _ sUERS'TEIN CLERK & RECORDE. -,.ELD CO, CO
h. At least one entry light shall be placed on every lot as
means of illuminating driveway entrances, etc. as required by
Weld County.
i . No tanks for the storage of gas, fuel oil, or any other
matter shall be erected, placed, or permitted above or below
ground on any lot .
j . No exterior television or radio antenna shall be erected,
placed or permitted on any lot without the written approval of
the Architectural Advisement Committee. Satellite antennas shall
be approved by the Architectural Advisement Committee .
5 . MAINTENANCE
a. Weeds must be kept cut or sprayed at all times, allowances to
be made for tall grass along the irrigation ditches .
b. All dwellings, accessory buildings, barns, garages, fences
and other structures shall be maintained in a clean, orderly and
attractive appearance at all times .
c . Each lot owner of Pleasant View Acres shall comply with the
Pleasant View Subdivision Water Association.
d. One of the following or unlicensed motor vehicles and one
recreational vehicle or boat, trailer, motorcycle or other
mechanical equipment shall not be stored on any lot for a period
longer than two weeks unless such equipment or vehicle is
concealed from public view, preferably stored in a neat and
orderly fashion.
e . Each lot shall be kept in an attractive and clean condition
at all times . No trash, litter, junk, containers, or building
material shall be permitted to remain visible from any
neighboring lot or street except as necessary during a period of
construction. In the event any structure is destroyed, either
wholly or partially by fire or any other casualty, said structure
shall be properly rebuilt or remodeled within twelve months to
conform with these covenants . If the structure is not to be
rebuilt, all remaining portions of the structure, including the
foundation and all debris, shall be promptly removed from the
property.
ROAD MAINTENANCE
a. All Landowners within the Subdivision are responsible for
one-sixth (1/6) of the Road Maintenance from Weld County Road
Number 1 within the Subdivision.
b. Said landowners agree to elect by i vote a Trustee, the Trustee
shall have the power to assess and collect Road Maintenance on a
prorata basis which shall be binding upon said property owners within
the Subdivision. The total cost of said Road Maintenance shall he
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F 1284 MARY ANN EPSTEIN CLERK & RECORDEI ID CO, CO
divided among the Landowners on an equal six way split . Said trustee
must be one of the Landowners, and shall be elected for a one year
term. The acceptance and the recording of a deed conveying fee
simple title to a plot of land within the subdivision shall
constitute consent by the grantee to abide by the provisions of this
Road Maintenance, which shall be perpetual unless specifically
released by the Board of County Commissioners of Weld County or
municipality should the subdivision be annexed at a future date .
c. Nonpayment of such assessments within 30 days of billing shall
result in the paying Member or Members being entitled to recover all
costs and expenses incurred to collect the delinquent assessments
plus interest at the rate of 16% per annum plus reasonable attorneys
fees . No owner may exempt himself from liability to pay any
assessment .
7 . PROVISIONS
a . These covenants shall operate as covenants running with the
land for the benefit Of the Declarant and any persons who now own
or may hereafter own property within Pleasant View Acres . Except
said covenants and agreements shall not apply to the present
improvements, residential home and outbuildings on Lot 1 . The
Declarant and each lot owner is specifically given the right to
enforce covenants through any proceedings, against any person
violating or threatening to violate these covenants, and to
recover any damages suffered by them from any such violation.
Such damages shall include, but not be limited to, reasonable
attorney' s fees, court costs, expert witness fees and bonding
costs .
b. These covenants are to run with the land, and shall be
binding on lot owners for a period of 25 years from the date
these covenants are recorded, after which time said covenants
shall be automatically extended for successive periods of 10
years . These covenants, not withstanding the above, can be
altered or amended in any manner at any time by a recorded
instrument signed by the managing partner of the Declarant until
12/30/94, or by 75% of the lot owners after 12/31/95 .
c. If arry portion of these covenants are invalidated in any
manner whatsoever, it shall not be deemed to affect in any manner
the validity, enforceability, or effect of the remainder of these
covenants, and in such event, all of the remaining provisions of
these covenants shall continue in full force and effect as if
such invalid provision has never been included herein.
d. No provision contained in these covenants shall be deemed to
have been abrogated or waived by reason of any failure to enforce
the same, irrespective of the number of violations or breaches
which may occur.
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F 1285 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be
executed as of the day and year first above written.
PRISTINE INV.
a Colorado General Partnership
L
; 1
BY:- / ;/j !
L general Partner
STATE OF COLORADO }
}
COUNTY OF WELD
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Acknowledged before me this /9 day of (/d-Tc , 19 (7-< , by
Alvin B. Geist, General Partner of Pristine Inv. , a Colorado General
Partnership.
Witness my hand and offi ialseal .
My Commission expires : (ev /:�, lyyd
PPp F ' .>4‘‘ S ti
I Q.ff NI- �� Notary Publid ,
f NOTARY \ 'is 745 North Lincoln Avenue
Loveland, CO 80537
PUUC1dk
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F 1278 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
STATE OF COLORADO)
) SS .
COUNTY OF WELD
I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED FOR RECORD IN MY OFFICE
AND IS DULY RECORDED IN FILE R 0 ENVELOPE * 3511 .
MARY ANN FEUERSTEIN
CLERK AND RECORDER
BY: 11 -C-� rwc.� C �.�•�z�.uo��
DEPUTY
J� )ih7,a
TYPE : PLAT �
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2 : VaS
TITLE: PLEASANT VIEW ACRES MINOR
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DESCRIPTION : R69 T4 $6 NW4 J 1•
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L"8" RE *1061-06-2—RE952 ly ,yr j
O ay l-\
DATE : 11 /05/1993 1 OF 1
B 1410 FE )2358291 11/05/93 09 : 44 $50 . 00 1 /01u
AK`}5B� IL F 1286 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDINPECOLLArERAL FOR ERIL'PFORN IMPROVEMENTS
911 // d_
THIS AGREEMENT, made and entered into this ay of
State of
by and between the County of Weld,
Colorado, acting through its Board of County Commissioners ,
and ),. i
hereinafter called "County" ,
hereinafter called "Applicant" .
WITNESSETH:
WHEREAS, Applicant is the owner of
the Cau or has a
controlling
interest in the following described prop YtY cr l lc4 ,
Colorado: /. J 1 P, /
��/ .
WHEREAS, a final subdivision/PUD plat of said property, to be
known as ifp)crah / //, c ,(/ e ' ( , ., i, `:, 1, l, . ,
County for approval; and
WHEREAS, 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 of 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 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 . Applicant shall furnish one set of
reproducible "as-built" drawings and a final
statement of construction cost to the County.
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F 1287 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
2 . 0 Rights-of-Way and Easements : Before commencing the
construction of any improvements herein agreed upon,
Applicant shall acquire, at its own expense, good and
sufficient rights-of-way and easements on all lands and
facilities traversed by the proposed improvements .
3 . 0 Construction; Applicant shall furnish and install , at
its own expense, the subdivision 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 subdivision is
proposed within three miles of an incorporated
community located in Weld County or located in any
adjacent county, the Applicant shall be required to
install improvements in accordance with the
requirements and standards that would exist if the
plat were developed within the corporate limits of
that community. If the incorporated community has
not adopted such requirements and standards at the
time the subdivision is proposed, the requirements
and standards of the County shall be adhered to.
If both the incorporated community an the County
have requirements and standards, those requirements
and standards that are more restrictive shall
apply.
3 . 2 Applicant shall employ, at its own expense, a
qualified testing company previously approved by
the County to perform all testing of materials or
construction that is required by the County; and
shall furnish copies of test results to the County.
3 . 3 At all times during said construction, the County
shall have the right to test and inspect or to
require testing and inspection of material and work
at Applicant ' s expense . Any material or work not
conforming to the approved plans and specifications
shall be removed and replaced to the satisfaction
of the County at Applicant ' s expense.
3 . 4 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
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F 1288 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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.
(THERE IS NO SECTION 5 )
6 . 0 Approval of Streets by the County: Upon compliance with
the following procedures by the Applicant, streets within
a subdivision may be approved by the County as public
roads and will be maintained and repaired by a homeowners
association or, in its absence, the owners of lots within
the subdivision.
6 . 1 If desired by the County, portions of street improvements
may be placed in service when completed according to the
schedule shown on Exhibit "B" , but such use and operation
shall not constitute an approval of said portions .
6 . 2 County may, at its option, issue building permits for
construction on lots for which street improvements
detailed herein have been started but not completed as
shown on Exhibit "B" , and may continue to issue building
permits so long as the progress of work on the
subdivision improvements in that phase of the development
is satisfactory to the County; and all terms of this
Agreement have been faithfully kept by Applicant .
6 . 3 Upon completion of the construction of streets within a
subdivision and the filing of a Statement of Substantial
Compliance, the applicant( s) may request in writing that
the County Engineer inspect its streets and recommend
that the Board of County Commissioners partially approve
them. Not sooner than nine months after partial
approval, the County Engineer shall, upon request by the
applicant, inspect the subject streets , and notify the
applicant(s ) of any deficiencies . The County Engineer
shall reinspect the streets after notification from the
applicant(s ) that any deficiencies have been corrected .
If the County Engineer finds that the streets are
constructed according to County standards , he shall
recommend full approval . Upon a receipt of a positive
unqualified recommendation from the County Engineer for
approval of streets within the development, the Board of
County Commissioners shall fully approve said streets as
public but with private pay.
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 in this Agreement . Prior
to Final Plat approval, the applicant shall
indicated 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
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Plat approval . If acceptable collateral has not
been submitted within six ( 6 ) months then the Final
Plat approval and all preliminary approvals shall
automatically expire. An applicant may request
that the County extend the Final Plat approval
provided the cost estimates are updated and the
development plans are revised to comply with all
current County standards, policies and regulations .
The improvements shall be completed within one ( 1 )
year after the Final Plat approval (not one year
after acceptable collateral is submitted) unless
the applicant(s ) requests that this Agreement be
renewed at least thirty ( 30) days prior to its
expiration and further provides that cost estimates
for the remaining improvements are updated and
collateral is provided in the amount of 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 .
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
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F 1290 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
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 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 he
developed has been accepted as collateral by Weld
County, then an appraisal is required of the
property by a M.A. Z . 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.
- 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 .
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F 1291 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
- 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 Weld County determines there is a
default of the Improvements Agreement, the escrow
agent, upon request by the County, shall release
any remaining escrowed funds to the County.
8 . 4 A surety bond given by a corporate surety authorized to
do business in the State of Colorado in an amount
equivalent to 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 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 9 . 0 thru 9 .5 shall be noted on
the final construction plans .
9 . 7 Following the submittal of the Statement of
Substantial Compliance and recommendation of
approval of the streets by the County, the
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F 1292 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
applicant( s ) may request release of the collateral
for the project or portion of the project by the
Board. This action will be taken at a regularly
scheduled public meeting of the Board.
9 . 8 The request for release of collateral shall be
accompanied by "Warranty Collateral" in the amount
of 10% of the value of the improvements as shown in
this Agreement excluding improvements fully
accepted for maintenance
b the
responsible
governmental entity, special district or utility
company.
9 . 9 The warranty collateral shall
be
by released to the
h
applicant upon final approval
f
County Commissioners .
10 . 0 Public Sites and Ope t e5: When the Board f o a rezoning, subdivisionnor
ty
Commissioners , pursuant
planned unit development, requires the dedication,
development and/or reservation of areas or sites other
than subdivision streets and utility easements
s of a
usa
character, extent and location suitable for public
for parks , greenbelts or schools , said actions shall be
ter in aor°asaspecifi d in the PUD p the
lan, fiflany,�g
alternatives, P
10 . 1 The required acreage as may be determined according
to the Weld County Subdivision Regulations
shall
e
dedicated to the County or the appropriate school
district, for one of the above purposes . Any
so dedicated shall be maintained by the County or
school district .
10 . 2 The required acreage as determined according to the
Weld County Subdivision Regulations , may be
reserved through deed restrictions as open area,
the maintenance of which shall be a specific
obligation in the deed of each lot within the
subdivision.
10 . 3 In lieu of land, the County may require a payment
to the County in an amount equal to the market
value at the time of final plat submission of the
required acreage as determined according to the
Subdivision Ordinance. Such value shall be
determined by a competent land appraiser chosen
jointly by the Board and the Applicant. The cash
collected shall be deposited in an escrow account
to be expended for parks at a later date .
11 . 0 Successors and Assigns : This Agreement shall be binding
upon the heirs , executors , personal representatives ,
successors and assigns o the
a covenant
f Applicandeemedt,
and upon
recording by the County,
running with the land herein described, and shall be
binding upon the successors in ownership of said land.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the day and year first above
written.
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F 1293 MARY ANN FEUEPSTEIN CLERK & RECORDER WELD CO, CO
BOARD OF COUNTY COMMISSIONERS
WEy COUNTY, COLORADO ,
1 .
ATTEST:
Weld County Clerk to the Board
BY : ' l�I_�t,
i
rnf �
//Llf'L.f�t (I {'1(�LL
Deputy Clerk to the Board Wall -
APPROVED AS`TO FORM: 1
ounty Attor
APPLICANT ere0� .lpfi, K"'"'
BY: �Q"a (tit
tl ) *L
b'scrit�e& and sworn to before me this / ' day �of /�?,� ,,, ./,
.
1.97 -r :.
t. •>My Com :kg-Sion expires : / 4 /4 - 57/ �; -I
Notary Public__
•
nprlvatn.db
8
_
I.
EXHIBIT "A"
Name of Subdivision: Pleasant View Acres, Minor Subdivision `:•
a ad-St
Filing: i'.
Location: A portion of the NW*, Sec. 6, T4N, R6-nest, Weld Cty .
Intending to be legally bound, the undersigned Applicant hereby agrees to t,
provide throughout this subdivision and as shown on the subdivision final plat
p %f . recorded on 19 i'
dated ND�y > � i� 19
in Book Page No. ,
Reception No. , the following
improvements. I
I
(Leave spaces blank where they do not apply.) I
Estimated
Improvements Unit Cost Construction Cost
Items paid
Completed, paid in full $ 3,969.93
Street evading $ 10,000.00
street base
Street p_aying
Curbs, gutters, and culverts 5,268.00
' $IM64J) Telephone-U.S. West, paid in advance
•
Storm sewer facilities
'' Retention ponds 6 679.00
$Ltt►/I,¢kbfikfikbkb Natural Gas-Public Service, paid in advance ,
Subsurface drainage 1 ,000.00
tkfiltkkw/kkd1kkb( Swale
Trunk and forced lines 1 ,250,00
YAW . A
N/ Road Access,.
Laterals (house connected)
On-site sewn a fwca_" tltt1-e_s-
On-site water supply and storage 17,840.00
Water mains-hid
Fire hydrants in main-hid 6 466.24
Survey & street monuments & boxesCompleted, paid in full ,
Street lighting 250.00 __Street name sign
' Fencing requirements 11 055.00
f.4M M/ Electric-Poudre Valley REA, paid in advance
Park improvements
Water Transfer to Little Thompson Water District, under contract. 7,000.00
Money to pay in full in Loveland Realty Trust 40 008.01
,SUB-TOTAh
Engineering and Supervision Costs $ 6,800.00
(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 $ 79,578.17
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" . J ltilc:al. u-'
g p'at jeKof Applicant
(If corporation, to be signed by President and attested to by Secretary,
together with corporate seal.)
Date: (7(7 /7/ , 1911 .
8
'II
0
EXHIBIT "B"
r
Name of Subdivision: Pleasant View Acres, Minor Subdivision
Filing: ablf
Location: A portion of the NW+, Sec.6, T4N, ROI, Weld County, Colorado
Intending to be legally bound, the undersigned Applicant hereby agrees to
construct the improvements shown on the final subdivision plat of
cu l lei r lc A .:,i Subdivision,
dated /�� �/{ /f , 19/Y , Recorded on , 19_,
in Book/ ° , Page No. , Reception No. , the following
schedule.
All improvements shall be completed within 1 years from the date of
approval of the final plat.
Construction of the improvements listed in Exhibit "A" shall be completed
as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Street grading was completed before October 14 , 1993
Street base July 1 , 1994
Street Paving
Curbs, gutters , and culverts
Sli,Hktddllk/ Telephone June 1 , 1994
Storm sewer facilities
Retention ponds
i/ikbi{/ikkkrWe/m/e/i,E! Natural Gas Main June 1 , 1994
Subsurface drainage June 1 , 1994
�✓aAiUui/y/h Jdr/s/ Swale
Trunk and forced lines
li4ls/ Road Access Culvert December 1 , 1993
Laterals (house connected)
On-site sewage facilities
On-site water supply and storage
Water mains December 1 , 1993
Fire hydrants December 1 , 1993
Survey & street monuments & boxes was completed before October 14 , 1993
Street lighting
Street name signs June 1 , 1994
Fencing requirements
4/1pO9c/al/$$JElectr.ic Lines Auril 1 . 1994
Perk improvements
5 shares Big T water transfer to Little Thompson
Water District December 1 , 1993
SUB-TOTAL
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.
Signatur /o€ Applicant
(If corporation, to be signed by President and attested to by Secretary,
together with corporate seal.)
< /
Date:(//,'-/ // , 19/i .
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