HomeMy WebLinkAbout961568.tiff RESOLUTION
RE: APPROVE ON-SITE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY
REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLICLY MAINTAINED
ROADS)WITH WEST HILL-N-PARK, INC., FOURTH FILING (S #381), AND
AUTHORIZE CHAIR TO SIGN
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 30, 1995, the Board approved a Site Specific
Development Plan and Final Plat Subdivision, S#381, for West Hill-N-Park, Inc., Fourth Filing,
on the following described real estate, to-wit:
Part of the SW% of Section 26, Township 5 North,
Range 66 West of the 6th P.M., Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval in said Resolution, on
February 28, 1996, the Board was presented with an On-Site Improvements Agreement
According to Policy Regarding Collateral for Improvements (Publicly Maintained Roads)
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and West Hill-N-Park, Inc., Fourth Filing, with terms and
conditions being as stated in said agreement, and
WHEREAS, after study and review on February 28, 1996, the Board deemed it
advisable to approve certain provisions of said agreement namely, "Evergreen Landscape
Buffer", "Parks in 3rd and 4th Filings", and "Playground Equipment," as detailed in
Comments #1, #2, and #2a in the memorandum dated February 27, 1996, to the Board from
Todd Hodges, Weld County Department of Planning Services, and attached to the Board's
Resolution #960269 as Exhibit A, and
WHEREAS, on February 28, 1996, certain issues remained to be resolved namely, the
"Planting Plan" as detailed in Comment#2b in said memorandum referenced as Exhibit A;
therefore, the Board deemed it advisable to continue said matter for consideration of the above
mentioned "Planting Plan", and
WHEREAS, on September 9, 1996, the Board considered an Addendum to said On-Site
Improvements Agreement According to Policy Regarding Collateral for Improvements (Publicly
Maintained Roads) between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, and West Hill-N-Park, Inc., Fourth Filing, with terms
and conditions being as stated in said addendum, and
961568
de.: ft Pu>;oldenbur9 ; tugNPlne.;Fj SUBD
ON-SITE IMPROVEMENTS AGREEMENT (ADDENDUM) -WEST HILL-N-PARK, INC.
PAGE 2
WHEREAS, after further study and review on September 9, 1996, the Board deemed it
advisable to conditionally approve the addendum to said agreement, a copy of which is
attached hereto and incorporated herein by reference, coupled with the commitment for an
additional sum of$6,000.00 for collateral and four additional water taps after the following
conditions have been met:
1. The smaller park located in the Fourth Filing shall be completed by having
backfill placed around the perimeter of the pea gravel enclosure.
2. Street signs shall be placed at all intersections located in the Fourth Filing of
West Hill-N-Park.
3. The fencing along 47th Avenue located in the Fourth Filing of West Hill-N-Park
shall be completed.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Addendum to the On-Site Improvements Agreement According
to Policy Regarding Collateral for Improvements (Publicly Maintained Roads) between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and West Hill-N-Park, Inc., Fourth Filing, be, and hereby is, approved, subject to
the hereinabove stated conditions.
The above and foregoing Resolution was, on motion duly made and seconded, adopted r
by the following vote on the 9th day of September, A.D., 1996.
- '.r BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORApO bratBarbar . Kirkmeyer, Chair
'1361 = . /
4�0 l�„ el. ty Clerk to the Board 1 -7:4--121
Z
Okif eorge E!Baxter, P o-Tem
Deputy Cler Jo the Board
Dale K. Hall
APP S TO M. � �_�✓%' mk
onstance L. HHarbert
unty Attorney
W. H. ebster
961568
SUBD
lS
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLICLY MAINTAINED ROADS)HIS AGREEMENT, made and entered into this 7/�6 day of
_2217pt.t ,) 1996 by and between the County of Weld, State
of Co rado, acting through its Board of County Commissioners,
hereinafter called "County" and West Hill-N-Park, Inc . , P.O. Box
632 , Greeley, Colorado 80632, hereinafter called "Applicant" .
WITNESSETH:
WHEREAS, Applicant is the owner of or has a controlling
interest in the following described property in the County of
Weld, Colorado:
West Hill-N-Park Fourth Filing being a part of the
Southwest One Quarter (SW%) of Section Twenty Six (26) ,
Township Five (5) North, Range Sixty Eight (68) West of
the 6th P.M.
WHEREAS, a final subdivision/PUD plat of said property, to
be known as West Hill-N-Park Fourth Filing (S#381) has been
submitted to the County for approval; and
WHEREAS, Section 7 . 3 . 5 of the Weld County Subdivision
Ordinance 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 .
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Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00
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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-way and easements used for the
construction of roads to be accepted by the County
shall be conveyed to the County and the documents of
conveyance shall be furnished to the County for
recording.
3 . 0 Construction: Applicant shall furnish and install, at
its own expense, the subdivision 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 and the County
have requirements and standards, those
requirements and standards that are more
restrictive shall apply.
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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 of 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
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the State of Colorado governing occupational safety and
health.
5 . 0 Acceptance of Streets for Maintenance by the County:
Upon compliance with the 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.
5 . 1 If desired by the County, portions of street
improvements may be placed in service when
completed according to the schedule shown on
Exhibit "B" , but such use and operation shall not
constitute an acceptance of said portions .
5 . 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 .
5 . 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 accept them for partial
maintenance by the County. Partial maintenance
consists of all maintenance except for actual
repair of streets, curbs, gutters, and related
street improvements . Not sooner than nine months
after acceptance for partial maintenance of
streets, the County Engineer shall, upon request
by the applicant, inspect the subject streets, and
notify the applicant (s) of any deficiencies . The
County Engineer shall reinspect the streets after
notification from the applicant (s) that any
deficiencies have been corrected. If the County
Engineer finds that the streets are constructed
according to County standards, he shall recommend
acceptance of the streets for full maintenance .
Upon a receipt of a positive unqualified
recommendation from the County Engineer for
acceptance of streets within the development, the
Board of County Commissioners shall accept said
streets as public facilities and County property,
and shall be responsible for the full maintenance
of said streets including repair.
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6 . 0 General Requirements for Collateral :
6 . 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
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 (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 .
6 . 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 .
6 . 3 The applicant intends to develop in accordance
with Exhibits "A" and "B" .
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7 . 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 .
7 . 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 5 . 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 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
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961568
notice shall be sent by certified mail to the
Clerk to the Board of County Commissioners .
7 . 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.
- 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.
7 . 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.
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-
- 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.
7 .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 .
7 . 5 A cash deposit made with the County equivalent to
100% of the value of the improvements .
8 . 0 Reauest 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:
8 . 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.
8 . 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 .
8 . 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.
8 . 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 .
8 . 5 A letter must be submitted from the appropriate
Fire Authority indicating the fire hydrants are in
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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 .
8 . 6 The requirements in 8 . 0 thru 8 . 5 shall be noted on
the final construction plans .
8 . 7 Following the submittal of the Statement of
Substantial Compliance and recommendation of
acceptance of the streets for partial maintenance
by the County, the applicant (s) may request
release of the collateral for the project or
portion of the project by the Board. This action
will be taken at a regularly scheduled public
meeting of the Board.
8 . 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.
8 . 9 The warranty collateral shall be released to the
applicant upon final acceptance by the Board of
County Commissioners for full maintenance under
Section 5 . 3 herein.
9 . 0 Public Sites and Open Spaces : When the Board of
County Commissioners, pursuant to a rezoning,
subdivision or planned unit development, requires
the dedication, development and/or reservation of
areas or sites other than subdivision streets and
utility easements of a character, extent and
location suitable for public use for parks,
greenbelts or schools, said actions shall be
secured in accordance with one of the following
alternatives, or as specified in the PUD plan, if
any:
9 . 1 The required acreage as may be determined
according to Section 8-15-B of the Weld County
Subdivision Regulations shall be dedicated to the
County or the appropriate school district, for one
of the above purposes . Any area so dedicated
shall be maintained by the County or school
district .
9 . 2 The required acreage as determined according to
Section 8-15-B of the Weld County Subdivision
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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.
9 . 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
Section 8-15-B . 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.
10 . 0 Successors and Assigns : This Agreement shall be binding
upon the heirs, executors, personal representatives,
successors and assigns of the Applicant, and upon
recording by the County, shall be deemed a covenant
running with the land herein described, and shall be
binding upon the successors in ownership of said land.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
V
1 .
TTEST: Wa444
y\N „-1. ounty Clerk to the Board
,(4,U
N 'U1 g," t hn.cn
Deputy C1 k to the Board
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2537452 B-1595 P-550 03/12/1997 10:55A PG 10 OF 16
APPROVED AS TO FORM:
t, !K s 14
CounAttorney .s ® `t
_
APPLICANT J t 3�„4 ''
WEST HI/ PARK, INS o Ulm, o
Roy Lund al , President IILL��
STATE OF COLORADO )
ss .
COUNTY OF WELD
SUBSCRIBED AND SWORN to before me this / V -4- day of
lehrt.4 04 .( 1996 by Roy Lundvall as President of West Hill-N-
Park, Inc).
WITNESS my hand and official seal .
My commission expires : Y/2.2/ J y •
Notary Plic
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9G 68
EXHIBIT "A"
Subdivision: West Hill 'N Park
Filing: Fourth
Location: Part SW'/. Section 26, Township 5 North, Range 68
West of the 6th P.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 , 19 recorded on
, 19 in Book ,Page ,Reception No.
the following improvements:
Estimated
Construction
Improvements Unit Cost Cost
Street grading Completed
Street base Completed
Street paving Completed
Curbs, gutters and culverts Completed
Sidewalk N/A
Storm sewer facility Completed
Retention ponds Completed
Ditch improvements N/A
Subsurface drainage N/A
Sanitary sewers Completed
Sanitary sewers Completed
Truck and forced lines Completed
Mains Completed
Laterals (house connected) N/A
On-site sewage facilities N/A
On-site water supply and storage N/A
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951.`:5®
Water mains (includes Bore) Completed
Fire hydrants Completed
Survey and street monuments and boxes Completed
Street lighting To be constructed by Public
Service as homes constructed
Street name signs Completed
Fencing requirements Completed
Landscaping (north boundary) Completed
Park improvements, including maintenance
(Third and Fourth Filings) - Completed
Road culvert Completed
Grass-lined swale N/A
Telephone Comp'. tea
Gas Completed
Electric Completed
Water transfer Completed
Agreement for four additional water taps Agreement attached and to be
confirmed by City of Evans
47th Avenue bather- Completed maintenance Completed
Payment to Special Recreation District,
if formed prior to December 31, 1999 $6,000.00
SUBTOTAL $6,000.00
Engineering and supervision costs (included above); testing, inspection, as-built plans and work in
addition to final plat; supervision of actual construction by contractors.
TOTAL ESTIMATED COST OF NON-COMPLETED
IMPROVEMENTS AND SUPERVISION $6,000.00
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961558
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".
w s ,I
ATTEST: Roy L wall, Pre dent
John L. ShupeSiellitary
3
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96li:ce
On-site sewage facilities
On-site water supply & storage
Water mains
Fire hydrants
Survey & street monuments & boxes
Street lighting Installed by Public
Service as homes are
constructed on a
block by block basis
Street name signs
Fencing requirements May 1, 1996
Landscaping (north boundary) June 1, 1996
Park improvements
Third Filing June 1, 1996
Fourth Filing June 1, 1996
Telephone
Gas
Electric
Water Transfer
The County, at its option, and upon the request by the Applicant,
may grant an extension of time for completion for any particular
imp s shown above, upon a showing by the Applicant that the
above sched le ca n tbe met .
LJ
:4‘3/4
J ni
st oJ °
c'3.�
(If corporation, to be signed by President and atte ed fry „
Secretary, together with corporate seal) !� 1/ JJ
Date : _ I _ ( 6"
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96.'7, :8
EXHIBIT "B"
Name of Subdivision: West Hill-N-Park
Filing: Fourth
Location: Part of the Southwest One Quarter (SW31) of Section
Twenty Six (26) , Township Five (5) North, Range Sixty Eight (68)
West of the 6th P.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 , 19 , recorded on
, 19 in Book , Page No.
Reception No. the following
improvements .
All improvements shall be completed within three years from
the date of approval of the final plat .
Construction of the improvements listed in Exhibit "A" shall
be completed as follows :
(Leave spaces blank where they do not apply. )
Improvements Time for
Completion
Site grading
Street base
Street paving
Curbs, gutters, & culverts
Sidewalk
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
F:\KFL\LUNDVALL\IMPROVEM.AGE
2537452 B-1595 P-550 03/12/1997 10:55A PG 15 OF 16
9615f:8 8
ys�
ADDENDUM TO ON-SITE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY
REGARDING COLLATERAL FOR IMPROVEMENT WITH WEST HILL-N-PARK IN
FOURTH FILING
WHEREAS,the Board of County Commissioners by resolution of February 28, 1996,
has previously approved all portions of the submitted On-Site Improvements Agreement
According to Policy Regarding Collateral for Improvements (Publicly Maintained Roads)
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and West Hill-N-Park, Inc., for the fourth filing except for the
planting plan which was denoted as 2.B. of the staff comments of February 27, 1996 which
corresponds to paragraph 2.B. of the comments of then counsel for the applicant Kenneth Lind in
his letter of February 26, 1996, and
WHEREAS, the parties agree to address the issue of grass planting for play area in the
four park areas in West Hill-N-Park,third and fourth filing,by means of this addendum, and
WHEREAS, the parties anticipate that the homeowners through the homeowners
association, through a voluntary program or through a more formal process, such as a special
district(pursuant to Title 32 C.R.S.) may, in the future,become more involved in the
maintenance of the parks but are not currently sufficiently organized and lack sufficient financial
resources to provide maintenance of the parks, and
WHEREAS, in order to form a special district which includes West Hill-N-Park, third
and fourth filings, the time required to obtain approval of the service plan, District Court
approval, election and subsequent levying against the properties, will prevent the District from
2537453 B-1595 P-551 03/12/1997 10:56A PG 1 OF 3 REC DOC
Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00 961.5g.38 8
obtaining revenues prior to the year 1999 for taxes assessed in 1998.
THE PARTIES THEREFORE COVENANT AND AGREE AS FOLLOWS:
1. That the grass planting plan for the parks in paragraph 2.B. will be acceptable at
this time contingent on the opportunity for the homeowners to develop a long
term program for maintenance and watering as set forth in this agreement.
2. The additional sum of$6,000.00 will be held as collateral for contributions
towards installation of an irrigation system for the areas shown as "Park area to
be seeded" in the map attached to the Park plans for third and fourth filing will be
held until the creation of a Special District if formed prior to December 31, 1999,
or December 31, 1999, whichever is later in time. The funds will be held in an
interest-bearing account with interest payable to applicant, released to the
applicant if time expires or will be contributed to the Special District if formed
prior to December 31, 1999, for the purpose of further improving the parks.
3. That the West Hill-N-Park, Inc. agrees to dedicate four additional water taps, one
for each park in third and fourth filing for a total of eight taps for the parks, which
taps have been allocated to West Hill-N-Park, Inc. by the City of Evans provided
that the additional four taps may not be reallocated unless accompanied by a
resolution of the Board of County Commissioners approving such reallocation
prior to January 1, 2000. West Hill-N-Park, Inc. shall provide confirmation from
2537453 B-1595 P-551 03/12/1997 10:56A PG 2 OF 3
961:5F;8
the City of Evans that such allocation has occurred and that the City will not
reallocate except in conformance with the agreement.
4. West Hill-N-Park Inc. and its principals as individuals, agree not to oppose the
creation of a Special District by means of litigation contesting the approval of a
service plan by the Board of County Commissioners or the setting of the matter
for election by the District Court. This shall not preclude commenting at the
Board of County Commissioners hearing regarding the Service Plan.
DATED this % t4day of 4/4,-777,k,,,,1996.
tip• R /PlatWELD COUNTY, COLORADO, BY AND
THROUGH THE BOARD OF COUNTY
.�! ty Clerk to the Board COMMISSIONERS OF WELD COUNTY,
et �1 COLORADO
atm /I
!y!% �� c k- ���-, BY &i41v a/ r1 a'L
Deputy Clerk to the Board Barbara J. Kirkmeye , Chair
APPROVED AS TO FORM AND CONTENT:
/� V16�! ' FOR::` �z T_ 7,4
A orney for ill-N-Park, I c. West 1-N- , Inc. (Title)
2537453 B-1595 P-551 03/12/1997 10:56A PG 3 OF 3 ((]],� �]]
96 ,.�TC3
KAROWSKY, WITWER, MILLER & OLDENBURG, LLP
ATTORNEYS AT LAW
822-7TH STREET.SUITE 760
STOW L.WITWER.JR. JACQUELINE JOHNSON
WALKER MILLER
P.0. BOX 1407 CURTIS R.SEARS
R.SAM OLDENBURG GREELEY, CO 8063 2-1 407
BARRY JOHN J. BARRY
MARILYN J. DAVID (970)352-3161 C\go
September /3 7 19966 ``
FACSIMILE(970)352-3165 N.
^f V
40V
Todd A. Hodges
Department of Planning Services j
Weld County, Colorado
1400 North 17th Avenue
Greeley, CO 80631
Re: West Hill 'N Park On-site Improvements Agreement
Dear Mr. Hodges:
I am herewith hand delivering to you the following:
(1) Letter of Credit No. 141 issued by the Independent Bank of Greeley to Weld County,
Colorado for $6,000.00.
(2) Agreement between the City of Evans regarding allocation of four water taps signed
by West Hill 'N Park, Inc. and acknowledged by the City of Evans, Colorado.
We had the Letter of Credit prepared and issued, without condition. This means that Weld
County is entitled, at any time, for any reason to draft Independent Bank for the sum of
$6,000.00. I did not want to spend a great deal of time inserting conditions in the Letter of
Credit which may or may not be acceptable to the county. It is, however, the understanding
under the On-site Improvement Agreement that the right to draft against the Letter of Credit is
conditioned upon those conditions set forth in the Addendum to the On-site Improvement
Agreements and we trust that the county will honor those conditions.
West Hill 'N Park, Inc. has ordered the repair on the fence, installed some of the signs but had
to order three extra street signs and has completed the backfill around the areas where the gravel
was installed. I will advise you as soon as the street sign installation is complete and the fence
is installed. I am advised that we can expect this by Tuesday or Wednesday of next week.
KAROWSKY, WITWER, MILLER & OLDENBURG, LLP
Todd A. Hodges
September 1996
Page 2
I believe that West Hill 'N Park, Inc. has now complied with all of the conditions and is entitled
to have the plat recorded. Please advise me of the date of recording of the plat because West
Hill 'N Park, Inc. plans on immediately selling a few lots. I truly appreciate your cooperation
in this matter.
Very truly yours,
KAROWSKY, WITWER, MILLER
& OLDE URG, LLP
R. Sam Oldenburg
jea
Enclosures
cc: Lee Morrison w/enclosures
TD D ; ,4ct G'OWpiEEet/1c 4aatC .6 S g E,-/
CpkuA1e-reb ,
P$o
+:, „- Ate..... �� T„`.�.aw-?• v'..,, yl:
INDEPENDENT BANK
Member FDIC
Ft.Lupton Greeley Kersey Platteville Wiggins
P.O.Box 330•Ft.Lupton.CO 80821 1503 9th Ave.•Greeley,CO 80631 P.O.Box 558•Kersey:CO 80644 P.O.Box 385•PlattevBe,CO 80651 P.O.Box 320•Wiggins,CO 80654
Phone(303)857-0300 Phone(970)346-8147 Phone(970)356-2265 Phone(970)785-2264 Phone(970)4837333
September 10, 1996
Letter of Credit No. 141
To: Weld County Government, Greeley, Colorado
The Independent Bank hereby establishes an Irrevocable Letter of
Credit in your favor on behalf of West Hill N Park, Inc . We will
honor any draft with a certified (notarized) statement verifying
that he owes any amount up to a total of $6 , 000 . This Letter of
Credit will expire December 31, 1999 .
If this Letter of Credit is drawn upon, we request that the above
Letter of Credit number be placed on the draft and this
Irrevocable Letter of Credit be returned to us for notation with
the certified statement as to the amount owed. These documents
should be returned together.
This Letter of Credit shall not be transferrable. It shall be
governed by the laws of the United States . This Letter of Credit
is subject to the Uniform Customs and Practice for Documentary
credit .
Sincerely,
Norma C. Loibl
Assistant Vice President
' r "3
WEST HILL 'N PARK, INC.
P.O.Box 632
Greeley,Colorado 80632
(970)352-8730
August 14, 1996
City of Evans
3700 Golden
Evans, CO 80620
Re: Allocation of Four Water Taps within the West Hill
'N Park Subdivision, Third and Fourth Filings
Gentlemen:
West Hill`N Park,Inc.,is the holder of the right to water taps pursuant to an agreement with the City
of Evans. West Hill'N Park, Inc.,has, pursuant to an improvement agreement with Weld County,
Colorado, relating to four parks in the West Hill 'N Park Subdivision, Third and Fourth Filings,
agreed to allocate and reserve four water taps, one for each park area in the West Hill 'N Park
Subdivision, Third and Fourth Filings. The water taps may be exercised by a special recreation
district which may be formed, including West Hill 'N Park Third and Fourth Filings, West Hill 'N
Park Homeowners'Association,or an association of homeowners who undertake maintenance of the
parks in West Hill 'N Park Third and Fourth Filings, at any time before December 31, 1999. If the
water taps are not exercised and placed into use by such date, the water taps revert to West Hill 'N
Park, Inc.
Prior to December 31, 1999,the four water taps allocated to the parks within West Hill'N Park Third
and Fourth Filings may be released to West Hill 'N Park, Inc., only with the written consent of the
Board of County Commissioners of Weld County, Colorado.
Very truly yours,
_WEST HILL 'N PARK, INC.
Roy lindvall,President
RECEIPT AND ACKNOWLEDGMENT
The City of Evans hereby acknowledges receipt of the foregoing notice of allocation of four
water taps to parks located within West Hill 'N Park Subdivision, Third and Fourth Filings, and
acknowledges that the water taps may not be exercised or used by anyone other than a to-be-formed
special recreation district or West Hill 'N Park Homeowners' Association at any time before
December 31, 1999, without the written consent of the Board of County Commissioners of Weld
County, Colorado.
Dated this fr-day ofilerst, 1996.
CITY OF EVANS
By
05:on syr3
_z_
ICAROWSKY, WITWER, MILLER & OLDENBURG, LLP
ATTORNEYS AT LAW
822-7TH STREET,SUITE 760
JACQUELINE JOHNSON
STOW E.WITWER JR. CURTIS R.SEARS
WALKER MILLER P.O. BOX 1407
R SAM OLDENBURG GREELEY, CO 80632-1407
JOHN J. BARRY
MARILYN J. DAVID (970)352-3161
FACSIMILE(970)352-3165
August 14, 1996
Lee Morrison
Weld County Attorney's Office
P. O. Box 1948 �I', SEP 0 4 1996 11
Greeley, CO 80632 i.
WELD COUNTY
Re: West Hill 'N Park On-Site Improvements Agreement ATTORNEY'S OFFICE
Dear Lee:
Approximately ten days ago I met with Todd Hodges regarding his inspection of the West Hill 'N
Park property and approval of the Exhibit"A",a copy of which I am enclosing. He advised me that
he was meeting with you the following morning and if there were any revisions necessary,he would
contact me immediately. I have not heard from him and assume that the revised Exhibit"A"to the
Improvements Agreement is acceptable because I have not otherwise heard from him.
Since I last talked with you, I have had the opportunity of reviewing the minutes of prior meetings
and, in part, listened to the tapes of prior meetings and hearings. It is apparent that the
Commissioners were being requested to decide issues on the planting plan and the availability of
irrigation facilities without being advised by staff of the economic burdens that would be imposed
on a homeowners' association to maintain parks with irrigation facilities. Additionally,it is apparent
that some of the Commissioners assumed that the homeowners' association could assess for park
maintenance,which is simply not the case. The only way that such an association could be formed
is if each and every lot owner executed covenants agreeing to be assessed and granting to the
homeowners' association the right to collect assessments through liens on the property. Moreover,
some of the Commissioners simply thought that it was a good idea to have an irrigated park without
considering the economics of park maintenance. As you are aware,West Hill'N Park received some
preliminary estimates for 100'by 100' square irrigated areas. The estimate was$8,000.00 per annum
for the four parks. Todd Hodges advises me that he subsequently checked these figures and his
investigation indicated that the estimate was probably low and that the park maintenance would
likely be greater. This being the case,irrigating the parks as the Commissioners suggested at the last
hearing would likely run in excess of$30,000.00 per year.
KAROWSKY, WITWER, MILLER & OLDENBURG, LLP
Lee Morrison
August 14, 1996
Page 2
As you are aware,the homeowners were unwilling to undertake maintenance expenses of$8,000.00
per year and certainly would object to anything greater.
Because it appears as though the Commissioners have been asked to decide issues without the basic
necessary information to make an informed decision, I have prepared a summary of information
which they need. I would appreciate your circulating copies to the Commissioners so they may be
informed as to the facts and no longer make erroneous factual assumptions.
I appreciate your setting this matter for hearing before the Board on September 9, 1996, at 9:00 a.m.
Very truly yours,
KAROWSKY, WITWER,
MILLER& OLDENBURG, LLP
. Sam Oldenburg 7
nn
Enclosures
cc: Roy Lundvall
John Shupe
WEST HILL 'N PARK, INC.
P. O.Box 632
Greeley,Colorado 80632
(970)352-8730
August 14, 1996
Board of County Commissioners
Weld County
915 10th Street
Greeley, CO 80631
Re: West Hill 'N Park, Fourth Filing, On-site Improvements Agreement
Dear Commissioners:
All improvements in West Hill 'N Park Fourth Filing have now been completed, with the exception
of street lights, sandboxes and questions regarding the type of seeding in the open space or parks.
The street lights will be installed by Public Service Company only when the required number of
houses on each street have been completed. Arrangements and work orders have been placed
requesting the installation as soon as sufficient houses on each street have been constructed and
occupied. Everyone concurs that sandboxes are not a good idea. They attract cats, which are
numerous in this area. Recent publicity suggest contaminated sandboxes may be responsible for
serious childhood diseases.
The only remaining issue is the type of grass in the parks. A review of the record reveals significant
confusion on this issue. We will first provide a summary of proceedings and developments on this
issue and propose a compromise which has been indicated as acceptable by representatives of the
existing homeowners of West Hill 'N Park Third Filing. The background and more current
developments are as follows:
1. In 1971, at the time that West Hill 'N Park was master-planned, the land owners
agreed to set aside approximately eight acres for "open space".
2. The open space areas ("parks") were not designed for irrigated grasses because:
a. The land was not historically irrigated land and water laws prohibit expanded
use of irrigated water without Water Court approval of change of use;
b. There are no irrigation delivery systems to this property and accordingly,
irrigation of the property is not possible;
96:7`4t3
Board of County Commissioners
August 14, 1996
Page 2
c. The only source of water is domestically treated water supplied by the City
of Evans;
d. Irrigation of parks of this size are economically feasible only if a gray-water
system is available through established irrigations systems with water rights
appurtenant to the property; and
e. Use of the water is restricted by water limitations imposed by the City of
Evans,which are required by the City of Greeley,the supplier of domestic water to
the City of Evans.
3. The Weld County staff originally recommended that the parks be planted with a
mixture of grasses, including traditional blue grass which requires irrigation. Apparently,
staff has, after evaluating the cost of maintenance, the nonavailability of water and the lack
of funding ongoing maintenance costs, changed its position.
4. At the last meeting before the Board of County Commissioners, on February 28,
1996, it was suggested that suitable ground cover and irrigation facilities be agreed upon.
However, developments and findings since that time confirmed that this is not feasible.
5. Because it makes no sense to plant grasses that require irrigation without also
providing for ongoing maintenance,West Hill N Park proposed to the residents of West Hill
'N Park Third Filing that it would install irrigation facilities and provide water taps sufficient
to irrigate an area of approximately 100' by 100' in each of the four parks located in West
Hill 'N Park Third and Fourth Filings. Inquiry was made regarding the cost of water,
fertilizer, mowing and other maintenance,and it was determined that the total cost would be
a minimum of$2,000.00 per annum per park, or aggregately $8,000.00 per annum.
6. Because the open space was never planned to be irrigated,the covenants on West Hill
'N Park Subdivision do not provide for the existing homeowner's association to make
assessment for maintenance of the common areas and enforce the assessments against the
homeowners. Therefore, it was first necessary to obtain assurances from the existing
homeowners that the small irrigated areas would be continuously maintained.
7. In order to implement sufficient assurances that the irrigated portions of each park
would be maintained, if installed, it was agreed informally that the Weld County Planning
Department would send to the homeowners an explanation of the proposed irrigation
facilities,the proposed assessments for ongoing maintenance and an agreement whereby the
homeowners would agree to subject their property to assessments with adequate enforcement
provisions in the nature of lien rights against each homeowner for collection of amounts
Board of County Commissioners
August 14, 1996
Page 3
necessary to cover the maintenance costs. West Hill 'N Park prepared a proposed notice and
request that the homeowners commit to pay a ratable share of the assessments and consent
to enforcement of the assessments. Attached is a copy of the mailing which West Hill N
Park proposed.
8. Representatives of the existing homeowners of West Hill 'N Park Third Filing
requested that the document be not mailed because they were of the opinion that the majority
of homeowners would reject the proposed agreement. The notice was therefore not mailed
by the Weld County Planning Department.
9. Representatives of West Hill 'N Park, representatives of Weld County and
representatives of the homeowners, on April 23, 1996,met to determine if there was some
method whereby the homeowners could assure ongoing maintenance expenses would be
paid. It was suggested that a revised mailing be sent to the homeowners which was less
technical in nature and perhaps not as irrevocably binding. West Hill 'N Park then prepared
a revised request to the homeowners requesting an expression of intent as to whether they
would be willing to share the ongoing maintenance expenses. Enclosed herewith is a copy
of the proposed notice and request. Again,the representatives of West Hill 'N Park Third
Filing suggested that it not be mailed because, in their opinion,the majority of homeowners
would reject any proposal whereby they were committing themselves to pay any
maintenance expenses. It is therefore at the present time not possible to consider any
planting plan of grasses other than the low-maintenance grasses that have already been
planted and established by West Hill 'N Park, Inc.
10. It has been suggested that sometime in the future the homeowners of West Hill 'N
Park Third Filing may consider the formation of a recreational district. Apparently, the
thinking is that a majority of landowners could be persuaded to vote in favor of a recreational
district and thus, force those who are unwilling to voluntarily pay assessments for
maintenance of the parks to pay their ratable share through taxation. This is not a certainty
and there are many indications to suggest that it will not be accomplished. In any event, it
is projected that even if a recreational district is formed,the first date in which funding could
occur would be during 1999.
11. As suggested to West Hill 'N park, Inc. as a reasonable resolution of this issue, West
Hill 'N Park, Inc.,has agreed that it will:
a. Set aside and reserve for each of the four parks one additional water tap to
which it is entitled by agreements with the City of Evans,thus making available to
each park in the event that a recreational district is formed and the water taps
Board of County Commissioners
August 14, 1996
Page 4
exercised on or before December 31, 1999 (copy of proposed notice and agreement
attached which will be delivered to Weld County prior to recording the plat).
b. Deposit with Weld County, Colorado, or provide adequate security in the
form of letters of credit or bonds in the sum of$6,000.00 for contribution to the
installation of irrigation facilities.
West Hill N Park, Inc. requests that the Board of County Commissioners accept this negotiated
proposal which is to be incorporated into the improvements agreement and approved by West Hill
'N Park, Inc. and by Weld County. Attached hereto is a proposed Addendum to the On-site
Improvements Agreement which was prepared by the County Attorney's office and modified by
West Hill 'N Park, Inc. by completion of paragraph 2.
Very truly yours,
WEST HILL 'N PARK, INC.
2
t 'r , 2 ���` l 1
Roy undvall
P sident
Enclosures
WEST HILL 'N PARK, INC.
P.O.Box 632
Greeley,Colorado 80632
(970)352-8730
August 14, 1996
City of Evans
3700 Golden
Evans, CO 80620
Re: Allocation of Four Water Taps within the West Hill
'N Park Subdivision, Third and Fourth Filings
Gentlemen:
West Hill'N Park,Inc.,is the holder of the right to water taps pursuant to an agreement with the City
of Evans. West Hill'N Park, Inc., has,pursuant to an improvement agreement with Weld County,
Colorado, relating to four parks in the West Hill 'N Park Subdivision, Third and Fourth Filings,
agreed to allocate and reserve four water taps, one for each park area in the West Hill 'N Park
Subdivision, Third and Fourth Filings. The water taps may be exercised by a special recreation
district which may be formed, including West Hill 'N Park Third and Fourth Filings, West Hill 'N
Park Homeowners'Association,or an association of homeowners who undertake maintenance of the
parks in West Hill 'N Park Third and Fourth Filings, at any time before December 31, 1999. If the
water taps are not exercised and placed into use by such date,the water taps revert to West Hill 'N
Park, Inc.
Prior to December 31, 1999,the four water taps allocated to the parks within West Hill'N Park Third
and Fourth Filings may be released to West Hill 'N Park, Inc., only with the written consent of the
Board of County Commissioners of Weld County, Colorado.
Very truly yours,
WEST HILL>'1 PARK, IN .
Roy Lundvall, President
RECEIPT AND ACKNOWLEDGMENT
The City of Evans hereby acknowledges receipt of the foregoing notice of allocation of four
water taps to parks located within West Hill Park Subdivision, Third and Fourth Filings, and
acknowledges that the water taps may not be exercised or used by anyone other than a to-be-formed
special recreation district or West Hill 'N Park Homeowners' Association at any time before
December 31, 1999, without the written consent of the Board of County Commissioners of Weld
County, Colorado.
Dated this day of August, 1996.
CITY OF EVANS
By
01' r“-...3
LIND, LAWRENCE & OYTENHOFF
ATTORNEYS AT LAW
THE LAW BUILDING
1011 ELEVENTH AVENUE
P.O.BOX 326
OREELEY,COLORADO 80632
GEORGE H.OTTENHOFF TELEPHONE
KENNETH F.LIND (970)353-2323
KIM R.LAWRENCE (970)356-9160
TELECOPIER
JEFFREY R.BURNS (970)356-1111
December 15, 1995
A J -DEC
y
Mr. Todd Hodges
Weld County Department of Planning
1400 N. 17th Avenue
Greeley, CO 80631
RE: West Hill-N-Park Fourth Filing
Dear Todd:
I have talked by telephone with representatives of the
Department of Justice ADA Office (800-514-0301) , and the Access
Board (800-87-2253) regarding possible ADA implications for the
parks in West Hill-N-Park Third and Fourth filings. Both sources
have verified that private housing is not covered by ADA, and that
ADA is definitely not applicable if use of the parks is restricted
to residents and guests. Both sources further indicated that even
if ADA were applicable, there are currently no requirements or
guidelines for recreational areas or for playground equipment.
If anything further is required on our part with regard to
this issue, please let me know.
Yours very truly,
LIND, /LAWRENCE & OTTENHOFF
f /I
/49' g
GHO/en
pc. Roy Lundvall
Mike Thomas
F:\OHO\WESTH&P\HODOES.LTR
LIND, LAWRENCE & OTTENHOFF
ATTORNEYS AT LAW OCT 3 C
THE LAW BUILDING
1011 ELEVENTH AVENUE
P.O.BOX 326 -.
GRFFLEY,COLORADO 80632
GEORGE H.OTTENHOFP TELEPHONE
KENNETH F.LIND (970)353-2323
KIM R.LAWRENCE (970)356-9160
TELECOPIER
JEFFREY R.BURNS (970)356-1111
October 24, 1995
Mr. Todd Hodges
Weld County Department of Planning Services
1400 N. 17th Avenue
Greeley, CO 80631
RE: West Hill-N-Park Fourth Filing
Dear Mr. Hodges:
I am writing this letter to elaborate on Paragraph 5 of Ken
Lind's letter dated October 20, 1995 regarding the work of West
Hill-N-Park, Inc. with the homeowners in developing the plans for
the parks in the third and fourth filings.
We were initially contacted in approximately mid September by
Michael Leverington who said that he was a representative of the
Arrowhead South homeowners. Mr. Leverington indicated that the
homeowners had met to begin organizing an association, and wanted
to meet with us to discuss their assumption of management of the
West Hill-N-Park Property Owners Association, and to discuss the
development of the parks.
We met with Mr. Leverington and Rhonda Amen on September 26,
1995, and Mr. Leverington and Ms. Amen informed us that the
homeowners had had an informal meeting to designate
representatives, and to discuss how the parks should be developed.
They gave us a copy of a newsletter that had been sent to all of
the homeowners, and a copy is attached. They also informed us that
they had prepared a park development questionnaire that had been
distributed to all of the homeowners, and that they had followed up
the surveys by personally contacting the homeowners to obtain their
responses. They told us that they had obtained responses from
thirty-nine homeowners in Arrowhead South, and presented those
findings to us. The findings indicated that the desires of the
property owners closely matched the requirements for the parks that
had previously been established by the County. Mr. Lundvall then
informed Ms. Amen and Mr. Leverington of his proposal for complying
with the County requirements regarding development of the parks,
and they indicated that they felt that on the whole, this proposal
would be acceptable to the property owners. Ms. Amen and Mr.
Leverington stated that they would present the Lundvall proposal to
the homeowners for their consideration, and would respond to us
promptly.
r
F:\GHO\WESTN&P\WELD.CTY 961.!:433
Mr. Todd Hodges
Weld County Department of Planning Services
October 24, 1995
Page 2
On approximately October 4 , we received a written response
from Ms. Amen and Mr. Leverington which indicated that the property
owners were in basic agreement with the Lundvall proposal, with
certain modifications. The property owners indicated that they
would prefer to have Mr. Lundvall put up the money necessary for
park development, and to allow the property owners themselves to do
the work, rather than have Mr. Lundvall actually do the park
development work. They also requested funds for reseeding grass in
the parks, and allowance for water to get the trees established.
We met with the homeowner's representatives again on October
5 and discussed their counter proposal. An agreement was reached
by Mr. Lundvall and the representatives on the terms which have now
been submitted to the County for approval. Both Mr. Lundvall and
the representatives were very pleased with the results of their
discussions, and felt that the outcome would be beneficial to all
involved.
On October 9, 1995, I received a telephone call from Mr.
Leverington. He informed me that he and Ms. Amen had prepared a
letter to the Board of County Commissioners describing the
agreement that had been reached for parks development, and stating
approval of the development proposal of West Hill-N-Park, Inc.
incorporating those terms. Mr. Leverington further informed me,
however, that both he and Ms. Amen had received a telephone call
threatening a lawsuit against them for representing the property
owners in reaching an agreement with West Hill-N-Park, Inc. for the
development of the parks. Mr. Leverington further informed me that
because he is a school teacher and is in the process of preparing
for comprehensive exams in connection with his masters degree
program, he simply cannot afford the distraction of a lawsuit at
the present time. Therefore, he said that he would be unable to
sign the letter stating approval of the agreement that had been
reached.
West Hill-N-Park, Inc. has done everything it can to work with
the property owners for the design and development of parks that
will be beneficial to the property owners. It appears that these
efforts are now being undermined by outside interests in an effort
to prevent the development of the parks that the homeowners want.
Yours very truly,
LIN , WRENCE & ENHOFF
Ge a enh f
GHO/en
Enclosure
P:\GHO\WESTH&P\WELD.CI'Y 96!_553
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LIND, LAWRENCE & OTTENHOFF
ATTORNEYS AT LAW
THE LAW BUILDING
I0II ELEVENTH AVENUE
P.O.BOX 326
GREELEY,COLORADO 80632
GEORGE H.OTTENHOFF TELEPHONE
KENNETH F. LIND (970)353-2323
KIM R.LAWRENCE (970)356-9160
TELECOPIER
JEFFREY R. BURNS (970)356-1111
October 20 , 1995
Weld County Department of Planning Services /j 0 r 2 mil,„ry
1400 North 17th Avenue , , 3 -19,9TGreeley, CO 80631
Attention: Todd Hodges lips
Re : West Hill-H-Park Fourth Filing
Dear Mr. Hodges :
West Hill-N-Park, Inc . is anxious to complete the filing of West
Hill-N-Park Fourth. In order to do so we are submitting the
following in answer to the conditions established by the Board of
County Commissioners .
1 . Improvements Agreement :
a . Attached is the proposed Improvements Agreement . This
Agreement covers completion of the streets, construction
of parks, installation of the vegetative landscape buffer
at the North edge of the Fourth Filing, and construction
and maintenance of the 47th Avenue barrier. A copy has
been provided to Lee Morrison.
b. Also provided is a copy of the final Fourth Filing plat
for your review and approval .
2 . The applicant has commenced paving of internal roads in the
Fourth Filing. As required by the August 30th Resolution, the Weld
County Public Works Department has been contacted for review which
was done prior to any work being commenced.
3 . The barrier at the end of 47th Avenue has been repaired and
upgraded. The existing cable and post fencing has been replaced
and/or repaired as necessary, and, both a ditch and berm have been
placed on both the North side and South side of the cable pipe
barrier.
Weld County Department of Planning Services
Attention: Todd Hodges
October 20 , 1995
Page 2
4 . Attached is the proposed plan for the vegetative landscape
buffer. If placed in the right-of-way of Mesa Verde, the strip is
only 8 feet wide . It is our opinion that if evergreens are placed
in this 8 foot wide strip, they would cause snow drifts and ice to
build up in the roadway during the winter months . Due to this
fact, shade trees should be planted rather than evergreens .
However, another entity owned by the applicant, JER, Inc . , will
deed a strip of land to the applicant, West Hill-N-Park, Inc . which
would be located on the North side of Mesa Verde . This strip of
land is approximately 175 feet wide and evergreen trees could then
be placed on the North side of this strip of land. This location
is on higher ground and would provide a more effective buffer and
eliminate liability that could be associated with placing trees
adjacent to the existing roadway. The 175 foot wide strip would be
owned by the applicant (West Hill-N-Park, Inc . ) and would then be
incorporated into a future Fifth Filing. Until a Fifth Filing is
complete, the 175 foot wide strip would just be a part of the
unplatted portion of West Hill-N-Park.
5 . West Hill-N-Park, Inc . has met with the homeowners and
prepared a plan for the development of the parks in the Thirdy�
Fourth filings . The plan and a cost estimate are attached. b�
- -
Accordingly, West ii - s- proposes that an
escrow ac :dint be set up for 100% of the value established for the
park construction. This escrow account could be accessed by the
Homeowners Association a mused solely for the development and
construction of the parks he homeowners have indicated that they
may desire to modify th park plan at a later date and they
understand that such a modification would require approval by the
County and that the total funds to be supplie by the developer are
those as established in the escrow account . The Board of County
Commissioners would have to approve this osal as the current
Resolution requires completion of both parks p r to release of
building permits in the Fourth Filing. However the Fourth Filing
park should not be completed until homes have een installed to
avoid problems of vandalism. It is our belief that providing 100°%
of the cost for both the T Filing and Fourth Filing parks meets
the requirement that parks be completed prior to release of
building permits for the Fourth Filing. It is also important to
realize that the " @
'' t!, I '«r. 5 •s rn
By provi. • s of the costs for comp e�ion of the ir. g
park, the requirement for completion of the Third Filing park is
met .
Weld County Department of Planning Services
Attention: Todd Hodges
October 20 , 1995
Page 3
6 . As to the Improvements Agreement, please note the following:
a. The barrier at the North end of 4th Avenue has been
completed and the engineer estimates that the sum of only
$200 . 00 is needed for future maintenance;
b. Construction and maintenance of the vegetative buffer
(escrow) :
16 shade trees - planted 16 @ $150 . 00 = $2 , 400 . 00
watering and maintenance $ 300 . 00
Please note, in the event 16 conifer trees are planted on
the 175 foot strip, their cost is identical to the shade
trees ($150 . 00 per tree) and the conifer trees are 6 foot
tall ;
c . Construction of the parks in the Third and Fourth Filing.
Propose escrow controlled by Weld County and accessible
by the West Hill-N-Park Home Owners Association who have
requested to be responsible for final development of the
parks; and
$ 22, 844 . 00
d. Paving and base course for 5209 linear feet of street .
$109, 000.00
Very truly yours,
LIND, ENCE & OTTENHOFF
i
Kennet F. L'nd
KFL/cg
Enclosure
9G t-5 C-9
fetes MEMORANDUM
WI TO: Board of County Commissioners September 6, 1996
O From: Todd A. Hodges
COLORADO
SUBJECT: On-site improvements agreement for case S-381 submitted by Roy Lundvall
pertaining specifically to the parks located in the Hill n Park 3rd and 4th filings.
Department of Planning Services and the Attorneys office have reviewed the submitted items
concerning the on-site improvements agreement for the Hill-n-Park Fourth Filing along with
previously submitted packets. At the last public meeting in February the Board of County
Commissioners accepted the proposed layout of the park and most of the improvements but
continued the case for the applicant to submit a more suitable proposal for the type and
maintenance of the grass located in the play areas of the parks located in the 3rd and 4th filings.
The proposal includes an additional sum of $6000.00 to be held as collateral for contributions
towards installation of an irrigation system and seeding for the parks located in the 3rd and 4th
filings of West Hill-N-Park. The proposal also includes an agreement to dedicate four additional
water taps, one for each park in 3rd and 4th filings for a total of eight taps for the parks. The
collateral will be held until the creation of a Special District if formed prior to December 31, 1999.
The funds will be released to the applicant if time expires or will be contributed to the Special
District of formed prior to December 31, 1999, for the purpose of further improving the parks in the
3rd and 4th filings.
Staff recommends acceptance of the on-site improvements agreement coupled with the
commitment for an additional sum of $6000.00 and four additional water taps after the following
conditions have been met :
1. The smaller park located in the 4th filing shall be completed by having backfill placed around
the perimeter of the pea gravel inclosure.
2. Street signs shall be placed at all intersections located in the 4th filing of Hill n Park.
Department of Planning Services' staff feels that the above comments and conditions are in
compliance,with the Board of County Commissioner's resolution for the West Hill-n-Park Fourth
filing Final Plat, approved August 30, 1995.
961568
WITWER, OLDENBURG, BARRY & BEDINGFIELD, LLP
ATTORNEYS AT LAW
822-7TH STREET.SUITE 760
GREELEY, CO 80631 MARILYN J. DAVID.
STOW L LDENBU,JR. OF COUNSEL
R. SAM OLDENBURG (9")0) 352-3161
JOHN J. BARRY CHARLES A. KAROWSKY,
JEFFREY T. BEDINGFIELD FACSIMILE(970) 352-3165 RETIRED
JACQUELINE JOHNSON
February 11, 1997
Department of Planning Services
Attention: Todd
Weld County Administrative Offices
1400 North 17th Avenue
Greeley, CO 80631
Re: West Hill 'N Park, Fourth Filing
Dear Todd:
Enclosed is the Exhibit"A"improvements which you have requested I have signed by the principals
of West Hill 'N Park, Inc.
Very truly yours,
WITWER, OLDENBURG,
BARRY& BEDINGFIELD, LLP
Sldenb
urg
nn
Enclosure
I
5fip{Y 1 5p E l n t T� i
FEB 1 2 1991
NOTICE
DOCKET NO. 96-41
The Board of County Commissioners of Weld County, Colorado, will conduct a public hearing at
9:00 a.m., on Monday, September 9, 1996, in the Chambers of the Board of County
Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First
Floor, Greeley, Colorado, for the purpose of considering final approval of an On-Site Improvements
Agreement According to Policy Regarding Collateral for Improvements(Publicly Maintained Roads)
with West Hill-N-Park, Inc., Fourth Filing, S #381.
All persons in any manner interested are requested to attend said hearing and may be heard.
Should any interested party desire the presence of a court reporter to make a record of the
proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the
Board shall be advised in writing of such action at least five days prior to the hearing. The cost of
engaging a court reporter shall be borne by the requesting party.
Please contact the Clerk to the Board's Office at phone (970) 356-4000, Extension 4226, or fax
(970) 352-0242 prior to the day of the hearing so that reasonable accommodations can be made
if, in accordance with the Americans with Disabilities Act, you require special accommodations in
order to participate in this hearing as a result of a disability.
BE IT ALSO KNOWN that copies of the relevant documents may be examined in the office of the
Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915
10th Street, Third Floor, Greeley, Colorado, Monday through Friday, 8:00 a.m. to 5:00 p.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: SHELLY K. MILLER
DEPUTY CLERK TO THE BOARD
DATED: August 14, 1996
PUBLISHED: August 22, 1996, in the North Weld Herald
oijir 3
AFFIDAVIT OF PUBLICATION
STATE OF COLORADO
ss.
COUNTY OF WELD
I, Bruce J. Bormann, of said County of Weld, being duly
sworn, say that I am Publisher of
NOTICE
1 THE NORTH WELD HERALD
DOCKET NO.W
The Board of County Commissioners of a weekly newspaper having a general circulation in said
pub-
lic li81 Weld
County,
'atel9 Colorado,
coon Mon , County and State, published in the Town of Eaton, in said
September
Counttyy Commissionerseof of the
County and State; and that the notice, of which the annexed is
County, Colorado, Weld County Centennial
Center,916 loth.Street, First Floor,Greeley, a true copy, has been published in said weekly newspaper for
Colorado, for the pu of considering fi-
nal approval of an On-sslte Improvements one successive week(s), that the notice was published
Collateral Agreement
Improvemento s Policy
Regarding
i in the regular and entire issue of every number of the paper
tained Roads) with West Hill-N-Park, Inc.,
Fourth Filing,S 0381. during the period and time of publication, and in the
All persons In any manner Interested are re- newspaper proper and not in a supplement, and that the
quested to attend said hearing and may be
publication of said notice:
Should any interested party desire the prea- Notice: Docket 96-41 Considering final approval of an On-
ence of a court reporter to make a record of Site Improvements Agreement...with West Hill-N-Park,Inc
the proceedings, in addition to the taped
record which will be kept during the hearing,
the Clerk to the Board shall be advised in was in said newspaper bearing the date(s) of:
writing of sucph action at least pfive days prior
to the reporter s shall be h bone of
thegr q eating Thursday,the 22nd day of August, 1996
party.
Please contact the Clerk to the Board's Of- Thursday,the day of August, 1996
five at phone (970) 356-4000, Extension
4226,or fax(970)362-0242 prior to the day
of the hearing so that reasonable accommo- Thursday,the day of August, 1996
the can be withde Disabi96ee Disabilities accordance
you reh
-
quire special accommodations in order to Thursday,the day of August, 1996
disability.
ipp in this hearing as a result of a
BE IT ALSO KNOWN that copies of the rele- and that the said THE NORTH WELD HERALD has been
vant documents may be examined in the of-
fice of the Clerk to the Board of County published continuously and uninterruptedly for the period of 52
Centennialcommissioners,C e, 915 10th Street, Thircated In the Weld d
consecutive weeks, in said County and State, prior to the date
Floor, : 0Greeley,m Coos r0 pp.nMonday through of first publication of said notice, and the same is a newspaper
BOARD OF COUNTY COMMISSIONERS within the meaning of an Act to regulate printing of legal
WELD COUNTY,COLORADO
notices and advertisem , approved May 18, 1931, and all
BY: DONALD D.WARDEN
CLERK TO THE BOARD prior acts so far as in
BY: SHELLY K.MILLER
DEPUTYTHE THE OLERARD
K
TO BOARD Z4!•(�"�
DATED:August14, 1996 RU J. BORMANN, PUBLISHER
PUBLISHED:August 22, 1996,
In the North Weld Herald
Publication Cost:$ 2.05
Subscribed and sworn to before me .IprPY F '
this 22ND day of August, 1996
`5!"^,C. :
ERIKA C. BAGLEY, NOTA eL4C
My commission expires October 21, 1999
2615r
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing Notice of
Hearing, Docket#96-41, was placed in the United States mail, first class mail, postage prepaid,
addressed to the following property owners.
DATED this 27th day of August, 1996.
SAM OLDENBURG, ATTORNEY NANCY JENSEN
822 7TH STREET 4754 LASSEN COURT
GREELEY, CO 80632 GREELEY, CO 80634
WEST HILL-N-PARK, FOURTH FILING JUDITH COX
ELMER LUNDVALL 4309 YOSEMITE DRIVE
P.O. BOX 632 GREELEY, CO 80634
GREELEY, CO 80632
HENRY SPECHT
WEST HILL-N-PARK, INC. 4200 ARCHES
P.O. BOX 929 GREELEY, CO 80634
GREELEY, CO 80632
BAESSLER CONSTRUCTION
PATRICK AND KATHY MANLEY 3505 HOLMAN COURT
4316 CORONADO STREET GREELEY, CO 80631
GREELEY, CO 80634
TRACY GROSSNICKLE
MICHAEL THOMAS 4520 CASA GRANDE
1317 15TH AVENUE GREELEY, CO 80634
GREELEY, CO 80631
RHONDA AMEN
DAVID DOYLE, ATTORNEY 4620 SCOTTSBLUFF COURT
4465 KIPLING STREET GREELEY, CO 80634
WHEATRIDGE, CO 80033
TERRY AND BECKY REEVES
4555 KINGS CANYON DRIVE
GREELEY, CO 80634
MICHAEL AND SHERYL LEVERINGTON
4621 SCOTTSBLUFF COURT
GREELEY, CO 80634
GWEN LANTZ
X190 , „ O „ , �'�i �JUU
P.O. BOX 1901 PX� ttt��.t�
GREELEY, CO 80632 Deputy Clerl4 the Board
GARY AND JUDY HARKLESS
4413 CORONADO STREET
GREELEY, CO 80634
961.~ : 3
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing Notice of
Hearing, Docket #96-41, was placed in the United States mail, first class mail, postage prepaid,
addressed to the following property owners.
DATED this 5th day of September, 1996.
ROSANNE MATCHUT
4701 YELLOWSTONE DRIVE
GREELEY, CO 80634
GWEN LANTZ
4216 ARCHES STREET
GREELEY, CO 80634
kQA
Deputy CI k to the Board
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