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Home My WebLink About952058.tiffWest Hill -N -Park 4th Filing Final Plat Submittal I . Application Form attached 2. Title commitment attached 3. All lots within West Hill -N -Park 4th Filing will be use for trailers, modulars, or on site constructed homes 4. Concerns identified during the preliminary plan phase: placement of fire hydrants was considered to be at greater spacing than is desirable After conversations with the fire district and the board of County Commissioners, it was decided that the developer would provide extra length hose desired by the fire district and add fire hydrants as specified by the County Commissioners. Both items have been complied with. Landscaping along the perimeter of the property. A requirement for planting a row of Russian Olives along the perimeter was added to the requirements for final approval. After approval, an alternate landscape plan was submitted to the County Commissioners. Copy of that plan and approval are included in this package. Note requarding "Noxious and offensive activities" added to the plat as required. Total number of lots = 86 The subdivision circulation system consists of 60 R.O.W. in which is constructed 42 foot wide combined pavement and concrete curb pans. The pavement is 38 feet wide and is 2" of pavement on 4" of base. The curb pans are 2 foot wide valley pan sections. The interior streets are connected to 47th Avenue by Mesa Verde on the north side and through Casa Grande in West Hill -N -Park 3rd Filing on the south side. There are also connections into West Hill -N -Park 1st Filing on the East side of the subdivision. At the time of the development of West Hill -N -Park 3rd Filing, 47th Avenue was constructed and is complete along West Hill -N -Park 4th Filing. 7. On street parking will be permitted. 8 Two open spaces within the 4th Filing will be dedicated to the West Hill -N -Park Property Owner's Association for development as they determine best suits their needs. 952058 10. The water system consists of 6" lines with 3/4" taps to each lots. The city of Evans has agreed to supply 400 3/4" taps of which 240 are currently recorded as being installed. The estimated daily processed water = 86 lots x 2.7 occupants x 150 gallons per day =34,8630 gallons. All water lines, fire hydrants, and services have been installed in the 4th Filing. 11 & 12 Letter from City of Evans attached. 13. Sewer system consists of 8" lines connected to the West Hill -N -Park Sanitation district. All sewer lines and services to all lots have been installed. Based on the current average sewage per tap as recorded by the sanitation district, the number of gallons per day of sewage to be treated = 86 taps x 293 gallons per day = 25,198 gallons per day. 14. The sanitation district has plenty of capacity to accept the sewage from this filing. The facility is designed and permitted for 336,000 gallons per day. The current average daily influentent for 1994 was 220,000 gallons per day. The current number of taps is 751, which brings the average daily sewage to 293 gallons per day per tap. Based on the current average per tap influent the additional 86 lot will contribure 86x2.7x100=23,220 gallons per day which will bring the facility to 72% of capicity. Letter attached. N.A. 16. Attached are the covenants for West Hill -N -Park 4th Filing and the Bylaws and Articles of Incorporation for West Hill -N -Park Property Owners Association. 17. N.A. 18. N.A. 19. Drainage report attached. Erosion control plan not required for sites less than 25 acres. 21. N.A. 22. N.A. 23. Proposed improvements agreement attached. Since the water, sewer, grading, landscaping, and curb are installed, we are proposing to post a bond for the installation of the pavement. It is expected that the paving will be complete by September 30, 1995. 24. Road plans and details included in drawing set. 25. Tax certificate included. 26. Title commitment attached. 952058 27. List of property owners within 500 feet attached. 28. List of mineral owners attached. 29. This area is designated for residential development and is consistent with the comprehensive plan. 30. Notes and revisions as requested have been added to the plans except for those pertaining the construction of 47th Avenue or the installation of additional fire hydrants. which are completed. 31. Letter from City of Evans agreeing to supply water included. 32. Letter from Hill -N -Park Sanitation District included. 33. The streets in this filing are consitent with the previous filings an are designed consistent with the intended uses. 34. 47th Avenue provides access to the 4th Filing and is designed and constucted as a future collector street. 35. Storm drainage for the subdivision is into Ashcroft draw which flows into the South Platte river in a short distance. A drainage report has been prepared and direct discharge has been approved in conjunction with previous filings. 36. West Hill -N -Park including the 4th filing has been in the planning for the City of Evans, the City of Greeley, the Town of Miliken and the associated service groups since mid 1970s. As such, the growth has been antisipated and there should not be any unreasonable burden. From the Weld County Health Department Regulation 3, section 7, Exemption 7 states that land development of less than 25 acres and less than 6 months in duration are exempt from APEN (included) 38. The proposed subdivision conforms to the subdivision design standards of Weld County or as approved by the Weld County Commissioners. Letter for Zoyiopoulis and Associates included. 39. The area encompassed by the 4th Filing is not suitable for agricutural purposes do to lack of adequate water and mostly sandy soil, there are no historical sites, and no significant wildlife population. 952058 TO BE COMPLETED BY APPLICANT: (Print or type only except for required sigr I (we), the undersigned, hereby request a hearing before the Weld County Board of CountytdrrisiLL concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: Part of the SW4 Sec. 26—T5N—R66W of 6th P.M., Weld County, CO If additional space is required, attach an additional sheet of this same size. NAME OF PROPOSED SUBDIVISION West Hill -N -Park Fourth Filing EXISTING ZONING __SC__ PROPOSED ZONING R C TOTAL AREA (ACRES) 1 E 76 Act S NO. OF PROPOSEDt. Irf�OT 6486 86 LOT SIZE: UTILITIES: WATER: SEWER GAS: ELECTRIC DISTRICTS: SCHOOL FIRE Milliken Fire Dist - DESIGNER'S NAME Michael Thomas EN ;INEER'S NAME Zoviopoulos & Assoc . FEE OWNER OF AREA PROPOSED FOR SUBDIVISION NAME West Hill -N -Park, Inc. ADDRESS P.O. Box 632: Greeley. NAME ADDRESS NAME ADDRESS I hereby depose and state under the penalties of perjury that all statements, proposals. and plans submitted / Signature: •caner o uthorized Agent Pres. City of Evans Hill N Park Sanitation Greeley Gas Co. Public Service Co. NAL PLAT SUBDIVISION APPLICATIC Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 Phone: (303) 353-6100. Ext. 3540 Fax: (303) 351-0978 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. S 01 ZONING NO. DATE RECORDING FEE: APPL CHECK BY: RECEIPT NO. _WELD cminrryy NANt`ING AY 3 1 1995 D APPLICATION FEE: 1/1��J RECEIPT NUMBER: a District sq. ft. ADDRESS1317 15th Ave Greeley, CO ADDRESS 1011 42nd St.; Evans, CO PHONE (970) 352-8730 CO 80632 PHONE PHONE RF6 with or contained within this application are true and con -pet -to the best oflny1 nowledge. Subscribed and sworn before me this -2(‘ day of COUNTY OF WELD ) )ss STATE OF COLORADO) My Commission expires: 1-i`;, Exit) b 7t A 7 c17 Milky .19 95 REVISED: January 1995. ublc Gieele CG scE, ii l'� 952058 FINAL PLAT SUBDIVISION APPLICATION Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80&31 Phone: (303) 353-6100. Ext. 3540 Fax: (303) 351-0978 FOR PLANNING DEPARTMENT USE ONLY: CASE NO. APPLICATION FEE: ZONING NO. Fri CEIPT NUMBER: DATE RL:+..OPDING FEE: APPL CHECK BY: RECEIPT NO. TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatui es) I (we), the undersigned, hereby request a hearing before the Weld County Board of County Commissioners concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: Part of the SW4 Sec. 26—T5N—R66W of 6th P.M., Weld County, CO If additional space is required, attach an additional sheet of this same size. NAME OF PROPOSED SUBDIVISION West Hill -N -Park Fourth Filing EXISTING ZONING �� PROPOSED ZONING R.5--" TOTAL AREA (ACRES) 2 3. 9 P6^ c"e3 NO. OF PROPOSED LOTS 86 LOT SIZE: AVERAGE 7212 sq. f t . MINIMUM 6400 sq. f t . UTILITIES: WATER: City of Evans SEWER Hill N Park Sanitation District GAS: Greeley Gas Co. ELECTRIC Public Service Co. DISTRICTS: SCHOOL RF6 FIRE Milliken Fire Dist DESIGNER'S NAME Michael Thomas ADDRESS 1 31 7 11th Ave ; Greeley, CO EN'TINEER'S NAME Zoviopoulos & Assoc. ADDRESS 1011 42nd St.; Evans, CO FEE OWNER OF AREA PROPOSED FOR SUBDIVISION NAME West Hill -N -Park, Inc. PHONE (97O) 352-873O ADDRESS P.O. Box 632; Greeley, CO 80632 NAME ADDRESS NAME ADDRESS PHONE PHONE I hereby depose and state under the penalties of perjury that all statements, proposals, and plans submitted with or contained within this application are true and Gorr o the best nowledgC Subscribed and sworn before me this 2rn day of COUNTY OF WELD ) )ss. STATE OF COLORADO) My Commission expires: �z.r� , ,.:: Itn% r9� L'74 _% Y_ uthorized Agent Pres . Notary9iiblic S a c b z C 351 REVISED: January 1995. 952058 Zoyiopoulos and Associates, Inc. Engineering Consultants 1011 42ND STREET • EVANS, COLORADO 80620 • PHONE (303) 352-6000 FAX (303) 330-6070 May 25, 1995 Mr. Keith Schutte Weld County Planning Department 1400 North 17th Avenue Greeley, CO 80631 RE: Hill -N -Park Subdivision Fourth Filing Dear Mr. Schutte: This letter, together with construction drawings prepared by HNPQ, are submitted for your use and review. We have approved these documents as the Engineer of Record for the above referenced project. Although the plans were prepared by another consulting engineering firm, we have reviewed their design, provided field observations during construction and verified the "as -built" drawings are accurate. If you have any questions or concerns, please feel free to contact our office. ASSOCIATES, INC. los, P.E. a\w@oa,?1 us :-nec 952058 ARTICLES OF INCORPORATION OF WEST HILL -N -PARK PROPERTY OWNERS ASSOCIATION For the purpose of forming a corporation not for profit pursuant to the provisions of Title 7, Articles 20 to 29, Colorado Revised Statutes .0973), the undersigned, acting as incorporator, adopts the following Articles of Incorporation for such corporation: ARTICLE I. NAME The name of the corporation shall be WEST HILL• -N -PARK PROPERTY OWNERS ASSOCIATION. ARTICLE II. DURATION The period of duration of this corporation shall be perpetual. ARTICLE III. OBJECTS AND PURPOSES The object and purposes for which the corporation is organized are as follows A. To accept, own, operate and maintain buffer zones, tot lots, storage, recreation and common areas for the persons living or owning properties in WEST HILL -N --PARK SUBDIVISION located in Weld County, Colorado, together will all improvements of whatever kind and for whatever purpose which may hereafter be constructed in connection with or located in said areas and to accept, own, operate and maintain all other property, real and personal, conveyed or leased to the corporation. B. To make, establish and promulgate, and to amend or repeal and re-enact, rules covering any and all aspects of the corporation's functions and operations including the use and occupancy of the corporation property, the setting of dues and fees and prescribing the regulations governing the operation of corporation property. C. To enforce, in its own behalf and in behalf' of all members of the corporation, all of the terms and provisions of the Cvenants and Amended Covenants for WEST HILL -N -PARK, Weld County, Colorado (the Covenants) and any supplemental declarations or amendments thereto, and to perform all other acts as may be reasonably necessary to enforce and carry out any of the terms and provisions of the covenants. D. To levy and collect the assessments for maintenance as provided in the Covenants and Amended Covenants. E. To pay for services and maintenance for the properties of the corporation. 1 952058 F. To enter into contracts to maintain and supervise buffer zones, tot lots, storage, recreation and common areas. G. To carry out all duties of the corporation as set forth in the Covenants and Amended Covenants; to engage primarily in promoting the common good and general welfare of all persons who reside in or own property in WEST HILL -N -PARK SUBDIVISION; and to do all things and perform all acts necessary or desirable in connection with the foregoing objects and purposes or author- ized to be done pursuant to the non-profit corporation laws of the State of Colorado. H. The foregoing listed powers and purposes of the corporation are and shall be construed as both powers and purposes thereof and shall be construed as liberally and broadly as the law may permit. ARTICLE IV. RESTRICTIONS A. No part of the income or net earnings of the corporation shall inure to the benefit of, or be distributable to, any member, director or officer of the corporation or any other private individual (except that reasonable compensation may be paid for services rendered to or for the corporation affecting one or more of its objects and purposes, and reimbursement may be made for any expenses incurred for the corporation by any officer, director, agent or employee, or any other person or corporation, pursuant to and upon authorization of the Board of Directors); and provided further, that no member, director or officer of the corporation or any other private individual shall be entitled to share in any distribution of any of the corporate assets on dissolution of the corporation or otherwise. B. No part of the assets of the corporation shall inure to the benefit of or be distributable to any organization whose income or net earnings or any part thereof inure to the benefit of any private shareholder or other indivi- dual. C. Upon dissolution of the corporation, all of its assets shall be paid over or transferred to one or more exempt organizations of the kind described in Section 501(c) of the Internal Revenue Code of 1954, as amended from time to time. D. Notwithstanding any other provisions hereof, this corporation shall not conduct or carry on any activities not permitted to be conducted or carried on by any organization which is tax exempt under the provisions of Section 501(c)(4) of the Internal Revenue Code of 1954, as amended from time to time. ARTICLE V. REGULATION OF INTERNAL AFFAIRS The initial Bylaws of the corporation shall be adopted by its Board of Directors. The power to alter, amend or repeal the Bylaws or adopt new Bylaws for said corporation, shall be vested in the Board of Directors. The said Z 952058 Bylaws of the corporation may contain any provisions for the regulation and management of the affairs of the corporation not inconsistent with the Colo- rado Corporation Act or these Articles of Incorporation. ARTICLE VI. MEMBERSHIP AND VOTING Voting and membership shall be determined as set forth in the Bylaws of the corporation. ARTICLE VII. BOARD OF DIRECTORS The affairs of this Association shall be managed by a Board of not less than three Directors, who need not be members of the Association. The number of Directors may be changed by amendment of the By-laws or the Association. The names and addresses of the persons who are to act in the capacity of Directors until the selection of their successors are: John L. Shupe Roy Lundvall Elmer E. Lundvall 5427 -24th Street, Greeley, CO 80631 4529 Pioneer Lane, Greeley, CO 80631 2201s -95th Avenue, Greeley, CO 80634 At the first annual meeting of the members of the Association, the members eligible to vote shall elect one Director for a term of one year, one Director for a term of two years, and one Director for a term of three years; and at each annual meeting of the members thereafter, the members eligible to vote shall elect one Director for a term of three years. ARTICLE VIII. AMENDMENTS These Articles may be amended from time to time by the affirmative vote of not less than two thirds of the eligible votes of the membership. ARTICLE IX. INITIAL REGISTERED OFFICE AND AGENT The address of the initial registered office of the corporation is 1770 - 25th Avenue, Greeley, Colorado, 80631, and the name of the initial registered agent at such address is ROY LUNDVALL. ARTICLE X. INCORPORATOR The name and address of the incorporator is: WEST HILL -N- PARK, INC., P.O. Box 929, Greeley, CO, 80632 by Roy Lundvall, President. EXECUTED this day of , 1984. Roy Lundvall 3 952058 STATE OF COLORADO COUNTY OF WELD ) SS. I , a Notary Public, hereby certify that West Hill -N -Park, Inc. by its President, Roy Lundvall, known to me to be the person whose name is suscribed to the annexed and foregoing Articles of Incorporation, appeared before me this day in person and being by me first duly sworn, acknowledged and declared that he signed said Articles of Incor- poration as his free and voluntary act and deed for the uses and purposes therein set forth and that the statements therein contained are true. My commission expires: WITNESS my hand and notarial seal this day of 19 Notary Public 4 952058 COVENANTS FOR WEST HILL -N -PARK 4TH FILING The followino Covenants shall bind and inure to the benefit of the owners of all parcels of real estate within -West Hill -N - Park Fourth Filing, Weld County. Colorado, and whose grantor was West Hill -N -Park., Inc. or its heirs or assigns, and to any and all owners who accept these Covenants by executing them, and their successors and assigns. 1. Each lot in the subdivision shall to occupied for single-family residential purposes only by either a conventional fixed -location home constructed on the lot, cr a mobile or modular home said home being eight years old or newer from date it is placed on lot). No buildings shall be erected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not exceeding two stories i. -. height and a private garage for not more than three vehicles. One tool shed of factory origin, maximum of 10 ft. by 12 fit... may be placed upon lot. 2. No dwelling shall be constructed on any .. of at a cost of less than $40,000.0_x. Said sum shall be increased or decreased proportionately for changes in the consumer price index after the date on which these Covenants are recorded. The area of dwellings, exclusive of open porches and garages, shall be as follows; 3. Not less than BOO square feet for a one story dwelling; b. Not less than 900 square feet for the total of any two adiacent levels of a dwelling wi:h three or more levels; c. Not less than BOO square meet on the opper level of a two level home where the lower is a garden level; d. Not less than 600 square feet per story for a home of two stories or more. 3. No structure of a temporary character, t• ailer, basement, tent, shack. garage, barn or other outbcilding shall be used on any lot at any time as a residence eithe- temporarily or permanently. 4 No sign of any =kind shall be displayed to the public view on any lot, except one professional sign of not more than one square foot, one sign of not more than six square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. 5. No lot shall be used for an open storage of construction materials or any other .material. except during the construction of an authorized improvement. 952058 COVENANTS FOR WEST HILL -N -PARK 4TH FILING Page 2 6. No noxious or offensive trade or activity shall be conducted upon any lot. 7. No animals of any kind shall be raissed, bred or kept upon any lot for commercial purposes. 8. No patio, carport or other addition to a home shall be located any nearer than 1O feet to the rear lot line and 5 feet from side lot line. 4. Fencing shall be either of two styles - Elcar type chain link, 4 or 5 ft. in height, or cedar or redwood board fencing not to exceed 6 ft. in height. No lencing shall be placed on the front 20 ft. of lot. 10, In no event shall any portion of any home.' or other structure be erected over any easement for• utilities or otherwise. 11. No lot as platted shall be subdivided for the purpose of making two or more lots. No more than one home shall be permitted on any one lot. 12. Easements for utilities and maintenance thereof are reserved as shown on the recorded plat. 13. Natural drainage associated with any _ot shall not be altered so as to drain onto the adiacent properties. 14. All trash, garbage and other household _debris shall not be allowed to accumulate for more than seven (7) days before disposal. Each property owner shall be reso::nsible for the proper storage and disposal of trash, garbage and household debris in accordance with the current rules of the County Health Department. 15. No animals or fowl of any kind Khali be kept or maintained on any lot; except that either two dog, two cats, or two caged birds may be kept as pets. The total ,umber shall not exceed three animals and can be a combination the-eof, but cannot be more than two of same species. All animals shall be confined to the individual property owners premises, and such confinement shall not be on the portion of the lot bordering _ipon the streets or walkways of the subdivision. <.,. No motor vehicle which is not currently licensed, capable of moving under its own power, and equipped with functioning lights and all other equipment required by law for operation on public highways shall be kept, stored or allowed to stand on any lot, nor be parked on the street. 952058 COVENANTS FOR WEST H.I L L-N-PAF:K 4TH FILING Page - 17. No boat, trailer, camper or habitable motor vehicle shall be kept or stored on any lot except within an enclosure which will screen such boat, trailer, or vehicle from view from the street and adjoirinq lots; nor shall it be parked on street for a period longer than 48 hours. 1O. Each lot shall be accompanied by a voting and assessable membership in the West Hill -N -Park Property Owners Association. Bylaws for the Association will be developerg, changed, and enforced by the Board of Directors of the Association. 19. The developers of West Hill -N -Park 4th Filing shall maintain the designated open spaces and parks until such time as 50% plus one of total lots have been sold to other voting members. At that time. the Owners Association shall be responsible for the maintenance of all said parks, tot lots, buffer zones, storage areas and other areas del:.grated for the use of all residents of West Hill N Park 4th Filing. 7C:. Due to the damages to streets and ways w;thin West Hill- : --Park 4th Filing occasioned by the use of said s.,_reets and wars by semi-tractor/trailer rigs, no lot owners or occupants, or invitee of the same, shall traverse the street or ways within the subdivision with a vehicle with a gross weight greater than five (5) tons. 21. Invalidation of any one of these Covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 22. All of the above described Covenants shall be effective through May i, 2005, and said Covenants shall be effective thereafter for additional ten-year periods without any further action of the West Hill -N -Park Property Owners Association, unless prior to the commencement of any additional ten-year period appropriate action is taken by West Hill -N -Park Property Owners Assoc. to terminate the effect of the above Covenants. Any such action taken by the West Hill -N -Park. Property Owners Association shall be filed of record with the Weld County Clerk and Recorder in a form which will substantially inform any interested part-., as to the termination of the above Covenants. 23. These Covenants may be enforced by the Wiest Hill -N -Park Property Owners Association or by the owner or owners of any lot in West Hill -N -Park. Fourth Filing. Dated this 1=_t day of May1995. WEST -JILL -N-F'ArK-:, INC. President 952058 BYLAWS OF WEST HILL -N -PARK PROPERTY OWNERS ASSOCIATION (a Colorado Nonprofit Corporation) ARTICLE I. OFFICES The principal office of the corporation in the State of Colorado shall be located at Greeley, Colorado. The corporation may have such other offices, either within or without the State of Colorado, as the Board of Directors may determine or as the affairs of the corporation may require from time to time. The corporation shall have and continuously maintain in the State of Colorado q registered agent whose office is identical with such registered office, as required by the Colorado Nonprofit Corporation Act. ARTICLE II. DECLARATIONS The corporation acepts the terms and provisions of and agrees to observe, obey, and fulfill at all the terms, conditions, restrictions, and duties placed on it by the covenants for WEST HILL -N -PARK (herein "Covenants"), dated August 31, 1973, and recorded in the Clerk and Recorder's office of Weld County, Colorado, in Book 699 under Reception No. 1620971, and by the Amended Covenants for WEST HILL -N -PARK (herein "Amended Covenants"), dated , 19 , and recorded in the Clerk and Recorder's office at Weld County, Colorado in Book under Reception No. . Nothing in these Bylaws shall be construed to limit or enlarge any of the provisions or restrictions of the Covenants or Amended Covenants, or to be in any way in conflict with the terms thereof. The expressed inclusion of or reference to certain provisions of said Covenants or Amended Covenants in these Bylaws should in no way be construed to limit the binding effect of any of the terms and provisions of said Covenants or Amended Covenants which are not expressly included or referred to in these Bylaws. ARTICLE III. MEMBERS 1. Qualification. Every person or entity who is a record owner of a fee interest in any lot which is subject by Covenants of record to assessment by the Association shall be a member of the Association, provided that any such person or entity who holds such interest merely as a security for the per- formance of an obligation shall not be a member. Membership shall be appur- tenant to and may not be separated from ownership of any lot which is subject to assessment by the Association. Ownership of such lot and payment of any assessment due shall be the sole qualification for such membership. 2. Notification. Any person who may become a Member of the corporation shall give written notice to the Secretary of the corporation that he has become a Member, and shall identify the Parcel or other estate which entitles the person to membership. Further, all Members shall give written notice to the Secretary of the corporation of any changes which may occur from time to 1 952058 time in the names, addresses, or ownership information provided the corpora- tion. Neither the corporation nor its officers shall be liable for failing to enter on the membership books of the corporation the name of any Member who fails to provide notice as specified herein or for failing to give such person notice of any meeting of Members or any other notification or information provided or required by these Bylaws or by law. 3. Membership Lists. The corporation, at the discretion of the Board of Directors, may keep membership lists or issue other evidence of ownership or liability in and to or of the corporation. ARTICLE IV. MEETINGS OF MEMBERS 1. Annual Meeting. Members of the corporation o'clock p.m. Said regular and at such other times as Directors given to Members to the date fixed for said There shall be a regular annual meeting for the on the first Wednesday in July of each year at 2:00 annual meeting may be held at such reasonable place may be designated by written notice of the Board of not less than thirty nor more than sixty days prior regular annual meeting. 2. Special Meetings. Special meetings of the Members may be called at a reasonable time, date and place by the Board of Directors or upon written request of Members entitled to vote one-fourth of the total votes of the entire membership, by written notice given to all Members not less than thirty nor more than sixty days prior to the date fixed for said special meeting. 3. Notices. Notices of all meetings shall be addressed to each Member as his address appears on the books of the corporation and shall state the time, date and place of each such meeting and, if a special meeting, the purpose or purposes of such meeting. 4. Closing of Books. The Board of Directors shall close the membership books of the corporation for a period of not less than sixty days nor more than seventy-five days preceding the date of any regular or special meetings of Members, and only those Members who are listed as such on the membership books on the date when said books are closed are eligible to vote at the meetings of Members. Neither the corporation nor its officers shall be liable in any manner for refusing to permit any person to vote who is not a Member listed on the membership books as of the date of the closing of said books, or who is the duly authorized proxy or attorney -in -fact for such person. 5. Quorum. The presence at any meeting, in person or by proxy, of Members entitled to vote at least one -tenth of the votes of the entire membership shall constitute a quorum. If any meeting cannot be held because a quorum is not present, the Members present, either in person or by proxy, may adjourn the meeting to a time not more than sixty days from the time set for the original meeting. 6. Conduct of Meetings. The Chairman of the Board of Directors, or, in his absence, the Vice Chairman, shall call meetings of Members to order and act as chairman of such meetings. In the absence of both said officers, any Member entitled to vote thereat or any proxy of any such Member may call the meeting to order, and a chairman of the meeting shall be elected. The 2 952058 Secretary of the corporation, or in his absence the Assistant Secretary, shall act as secretary of the meeting. In the absence of both the Secretary and the Assistant Secretary, a secretary shall be selected in the manner aforesaid for selecting a chairman of the meeting. ARTICLE V. VOTING RIGHTS The Association shall have two clases of voting membership: 1. Class A. Class A membership shall be all those owners as definied in Article III, with the exception of the incorporators. Class A members shall be entitled to one (1) vote for each lot in which they hold the interests required for membership by Article III. When more than one (1) person holds such interest or interests in any lot, all such persons shall be members and the vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any such lot. 2. Class B. Class B members shall be the incorporators. The Class B members shall be entitled to four (4) votes for each lot in which it holds the interest required for membership by Article III, provided that Class B membership shall cease and become converted to Class A. membership when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership. From and after the happening of this event, the Class B members shall be deemed to be a Class A member entitled to one (1) vote for each lot as hereinabove described. 3. Proxies. At any meeting of the Members, a Member entitled to vote may vote by proxy executed in writing by the Member or by his duly authorized attorney -in -fact. No proxy shall be valid after eleven months from the date of its execution, unless otherwise provided in the proxy. All proxies shall be filed with the Secretary. 4. Manner of Acting. A majority of the votes entitled to be cast on a matter to be voted upon by the Members present or represented by proxy at a meeting at which a quorum is present shall be necessary for the adoption thereof unless a greater portion is required by these Bylaws, the Articles of Incorporation or the Covenants or Amended Covenants. ARTICLE VI. BOARD OF DIRECTORS: NUMBER; TERM OF OFFICE; COMPENSATION 1. Number. The affairs of this Association shall be managed by a Board of three (3) Directors, who need not be Members of the Association. 2. Term of Office. At the first annual meeting of the Members, the Members shall elect one Director for a term of one year, one Director for a term of two years, and one Director for a term of three years; and at each annual meeting of the Members thereafter, the Members shall elect one Director for a term of three years. 3 952058 3. Compensation. No Director shall receive compensation for any service rendered to the Association. However, any Director may be reimbursed for actual expenses incurred in the performance of Association duties. ARTICLE VII. DIRECTORS: NOMINATION; ELECTION; REMOVAL/REPLACEMENT 1. Nomination. Nomination for election to the Board of Directors shall be made: (a) in writing and signed by a Member or Members holding at least five votes; (b) in writing signed by a Director; or (c) from the floor at the annual meeting by a Member. Written nominations must be agreed to and accepted in writing by the person nominated therein and state that person's willingness to serve if elected, and the nomination must be received by the Secretary at least thirty days prior to the meeting at which the election is held. Nominees may be Members or non -Members. 2. Election. Election to the Board shall be by written, secret ballot. At such election, the Members or their proxies may cast, in respect to each vacancy, one vote per Parcel. The persons receiving the largest number of votes shall be elected. 3. Removal and/or Replacement. A Director may be removed from the Board by a majority vote of the Members, and, in the event of removal, resignation or death of a Director, a successor shall be elected by the remaining Direc- tors or Director, and if none remain, by a special meeting of the Members. A Director elected to fill a vacancy shall serve for the unexpired term of his predecessor in office. ARTICLE VIII. MEETINGS OF DIRECTORS 1. Regular Meetings. Regular meetings of the Board shall be held at least semi-annually at such place and hour as may be fixed from time to time by the Board. Regular meetings of the Board shall be open to Members and at least one hour of each meeting shall be set aside for discussions between Members and the Board. Upon written request of any Member, the Board shall inform such Member of the time and place of the next regular meeting. 2. Special Meetings. Special meetings of the Board shall be held when called by the President of the Board, or by any.two Directors, after not less than thirty days' notice to each Director. Special meetings of the Board shall be open to Members. 3. Informal Action by Directors. Any action required by law to be taken at a meeting of Directors, or any action which may be taken at a meeting of Directors, may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the Directors. 4. Quorum. A majority of the Directors shall constitute a quorum for the transaction of business at any regular or special meeting. Every act or decision done or made by a majority of the Directors present at a duly held meeting at which a quorum is present shall he regarded as an act of the Board. 4 952058 ARTICLE IX. OFFICERS 1. Officers. The officers of the corporation shall be a President, a Vice President, a Secretary and a Treasurer. Any two or more offices may be held by the same person, except the offices of President and Secretary. 2. Election and Term of Office. The officers of the corporation shall be elected annually by the Board of Directors at the first regular meeting of the Board of Directors following the regular annual meeting of the Members. If the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as conveniently may be. Each officer shall hold office until his successor shall have been duly elected and shall have qualified. 3. Removal. Any officer elected or appointed by the Board of Directors may be removed by the Board of Directors whenever in its judgment the best interests of the cororation would be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the officer so removed. 4. President. The president shall be the principal executive officer of the corporation and shall in general supervise and control all of the business and affairs of the corporation. He may sign, with the Secretary or any other proper officer of the corporation, contracts or other instruments which the Board of Directors has authorized to be executed, except in the cases where the signing and execution thereof shall be expressly delegated by the Board of Directors or by these Bylaws or by statute to some other officer or agent of the corporation; and in general he shall perforn all duties incident to the office of President and such other duties as may be prescribed by the Board of Directors from time to time. 5. Vice -President. In the absence of the President or in the event of his inability or refusal to act, the Vice President shall perform the duties of the President, and when so acting, shall have all the powers of and be subject to all the restrictions upon the President. The Vice President shall perform such other duties as from time to time may be assigned to him by the President or by the Board of Directors. 6. Treasurer. If required by the Board of Directors, the Treasurer shall give a bond for the faithful discharge of his duties in such sum and with such surety or sureties as the Board of Directors shall determine. He shall have charge and custody of, and be responsible for, all funds and securities of the corporation; receive and give receipts for monies due and payable to the corporation from any source whatsoever, and deposit all such monies in the name of the corporation in such banks, trust companies or other depositaries as shall be selected in accordance with the provisions of Article IX of these Bylaws; keep proper books of account; cause an annual audit of the corporation's books to be made at the completion of each fiscal year after the first fiscal year; prepare an annual budget plus a statement of income and expenditures to be presented to the Members at the regular annual meeting; and deliver copies of the annual budget plus a statement of income and expendi- tures to each Member present at the annual meeting of the Association or 5 952058 requesting them in writing; and, in general, perform all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him by the President or by the Board of Directors. 7. Secretary. The Secretary shall keep the minutes of the meetings of the Members and of the Board of Directors in one or more books provided for that purpose; see that all notices are duly given in accordance with the provisions of these Bylaws as required by law; be custodian of the corporate records and of the seal of the corporation and see that the seal.. of the corporation is affixed to all documents, the execution of which on behalf of the corporation under its seal is duly authorized in accordance with the provisions of these Bylaws; keep membership books and a register of the post office address of each Member and tenants of Members which shall be furnished to the Secretary by such member; keep records as to voting qualifications of Members; and in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him by the President or by the Board of Directors. ARTICLE X. CONTRACTS, CHECKS, DEPOSITS, FUNDS AND FISCAL YEAR 1. Contracts. The Board of Directors may authorized any officer or officers, agent or agents of the corporation, in addition to the officers so authorized by these Bylaws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority may be general or confined to specific instances. 2. Checks, Drafts, etc. All checks, drafts or orders for the payment of money, notes or other evidences of indebtedness issued in the name of the corporation, shall be signed by such officer or officers, agent or agents of the corporation, and in such manner, as shall from time to time be determined by resolution of the Board of Directors. In the absence of such determination by the Board of Directors, such instruments shall be signed by the Treasurer and countersigned by the President or the Vice President of the corporation. 3. Deposits. All funds of the corporation shall be deposited from time to time to the credit of the corporation in such banks, trust companies or other depositaries as the Board of Directors may select. 4. Gift. The Board of Directors may accept on behalf of the corporation any contribution, gift, bequest or devise for the general purposes or for any special purpose of the corporation. 5. Fiscal Year. The corporation may operate upon a fiscal year basis or a calendar year basis as may be selected by the Board of Directors. ARTICLE XI. BOOKS AND RECORDS The corporation shall keep correct and complete books and records of acccount and shall also keep minutes of the proceedings of its Members, Board of Directors, and committees. It shall also keep at its registered or principal office membership books giving the names and addresses of the 6 952058 Members entitled to vote. All books and records of the corporation may be inspected by any Member, or his agent or attorney, for any proper purpose at any reasonable time. ARTICLE XII. DUES, FUNDS AND ASSESSMENTS 1. WEST HILL -N -PARK PROPERTY OWNERS' Fund. The Board shall establish a fund (the "WEST HILL -N -PARK PROPERTY OWNERS' FUND") into which shall be deposited all monies paid to the corporation and from which disbursements shall be made in performing the functions of the corporation as provided in the Covenants, Amended Covenants, Articles of Incorporation and Bylaws. 2. Regular Annual Assessments. Prior to each regular annual meeting of the corporation, the Board of Directors shall estimate the expenses to be incurred by the corporation in performing its functions for the fiscal year commencing on the next ensuing October 1, including a reasonable provisions for contingencies and appropriate replacement reserves, less any expected income and any surplus from the prior year's fund. Uniform and equal assess- ments sufficient to pay such estimated net charges shall then be levied as provided in the Covenants or Amended Covenants. All such regular assessments shall be due and payable to the corporation on the first day of the fiscal year for which the assessment is made or semi-annually if so determined by the Board of Directors in its sole and absolute discretion. 3. Levy of Assessments. In order to raise the total amount for which the levy in question is being made, the corporation shall make individual assessments against the property of members as herein provided. Each indivi- dual assessment shall be equal to each other individual assessment. The corporation shall levy one assessment against each Parcel. 4. Unpaid Assessments as Liens. The amount of any delinquent assessment assessed against any property and any late payment charge attributable thereto, plus interest on such assessment and charge at a rate of 10% per annum simple interest, and the costs of collecting the same, including reasonable attorneys' fees, shall be a lien upon each Parcel and any improve- ments thereon. Such lien shall be prior to any declaration of homestead. Such, lien may be foreclosed in the same manner as is provided in the laws of Colorado for the foreclosure of mortgages on real property. A certificate executed and acknowledged by any two members of the Board of Directors stating the indebtedness secured by such lien shall be conclusive upon the corporation to the amount of such indebtedness as of the date of the certificate, in favor of all persons who rely thereon in good faith, and such certificate shall be furnished to any Member upon request at a reasonable fee to be determined by the Board of Directors. 5. Mortgage Protection. No lien created under this Article or under any other Article of these Bylaws, nor any lien arising by reason of any breach of the Covenants or Amended Covenants, nor the enforcement of any provisions of these Bylaws, shall defeat or render invalid the rights of the beneficiary under any recorded mortgage or deed of trust of first and senior priority upon a Parcel made in good faith and for value. However, after the foreclosure of any such first mortgage or deed of trust or after any conveyance in lieu of foreclosure, such Parcel shall remain subject to the Covenants or Amended 7 952058 Covenants and shall be liable for all regular assessments and all special assessments levied subsequent to completion of such foreclosure or delivery of such conveyance but falling due after such completion or such delivery. Sale or transfer of any Parcel pursuant to delinquency or default under an install- ment sales agreement with Covenantor shall extinguish the lien or such assessments as to payments, penalties or interest which became due prior to such repossession. No such repossession shall relieve such Parcel from liability for any assessments thereafter becoming due on the next October 1 assessment date or the lien thereof. 6. Subordination. By subordination agreement executed by the corpora- tion, the benefits of Section 5 of this Article may, in the sole and absolute discretion of the Board of Directors, be extended to beneficiaries not otherwise entitled thereto. ARTICLE XIII. INDEMNIFICATION 1. Third -Party Actions. The corporation may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative (other than an action by or in the right of the corporation) by reason of the fact that he is or was a director, officer, employee, servant or agent of the corporation, against expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit or proceeding if he acted in good faith and in a=manner he reasonably believed to be in or not opposed to the best interests of the corporation, and, with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. 2. Determination. The indemnification which the corporation has elected to provided under Section 1 of this Article shall be made by the corporation only as authorized in a specific case upon a determination that the indemni- fication of the officer, director, employee, servant or agent is proper in the circumstances because he has met the applicable standards of conduct set forth above. Such determination shall be made (a) by the Board of Directors by a majority vote of a quorum consisting of Directors who are not parties to such action, suit or proceeding; or (b) if such a quorum is not obtainable, or, even if obtainable, a quorum of disinterested Directors so directs, by independent legal counsel in a written opinion; provided, however, that a Director, officer, employee, servant or agent of the corporation has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to above or in defense of any claim, issue or matter therein, then to the extent that the corporation has elected to provide indemnification, he shall automatically be indemnified against expenses (including attorneys' fees) actually and reasonably incurred by him in connection therewith without the necessity of any such determination that he has met the applicable standard of conduct set forth above. 3. Insurance. The Board of Directors may purchase and maintain insur- ance on behalf of any person who is or was a Director, officer, employee, servant, or agent of the corporation, against any liability asserted against B 952058 him in any such capacity, or arising out of his status as such, whether or not the corporation would have the power to indemnify him against such liabilty hereunder or otherwise. 4. Other Coverage. The indemnification provided by this Article shall not be deemed exclusive of any other rights to which anyone seeking indemnifi- cation may be entitled under these Bylaws, by agreement, vote of the Members, vote of disinterested Directors, Colorado law, or otherwise, both as to action in his official capacity and as to action in another capacity while holding such office, and may continue as to a person who has ceased to be a Director, officer, employee, servant or agent and inure to the benefit of the heirs and personal representatives of such a person. ARTICLE XIV. CORPORATION PROPERTY 1. WEST HILL -N -PARK PROPERTY OWNERS ASSOCIATION Rules. The Board of Directors shall have the authority to adopt rules governing the operation and use of property owned or leased by the corporation as provided in the Cove- nants or Amended Covenants, and the Board of Directors shall also have the authority to adopt and prescribe such reasonable remedies for violation of its rules and regulations as it deems appropriate. 2. Violation of WEST HILL -N -PARK PROPERTY OWNERS ASSOCIATION Rules. There shall be no violation of any rules or regulations for WEST HILL -N -PARK PROPERTY OWNERS ASSOCIATION which may be adopted by the Board of Directors and made available to persons affected thereby. If any Member or his family or dependent, guest, licensee, tenant or invitee of such Member or his family or any other person violates such rules and regulations, the Board of Directors may invoke any one or more of the remedies adopted and prescribed in accor- dance with Section 1 above. 3. Damages. Each Member or other person described above in Section 2 of this Article shall be liable to the corporation for any damage to the property of the corporation which may be sustained by reason of the negligent or intentional misconduct of such Member, dependent, member of his family, tenant, guests, or invitees. If the Member's property is owned or leased jointly or in common, the liability of all such joint or common owners or lessees shall be joint and several. The amount of such damage may be assessed against such Member's or person's real and personal property on or within WEST HILL -N -PARK SUBDIVISION, including the leasehold estate of any lessee, and may be collected as provided herein for the collection of assessments. ARTICLE XV. WAIVER OF NOTICE Whenever any notice is required to be given under the provisions of the Colorado Nonprofit Corporation Act or under the provisions of the Articles of Incorporation or the Bylaws of this corporation, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. 952058 ARTICLE XVI. AMENDMENTS TO BYLAWS These Bylaws may be altered, amended, or repealed and new Bylaws may be adopted by a majority of the Directors present at any regular meeting or any special meeting of the Board of Directors, if at least five days' written notice is given of intention to alter, amend or repeal or to adopt new Bylaws at such meeting. However, the Board of Directors may not adopt a bylaw or amendment changing the number of directors to less than three (3). 10 952058 Weld County Planning April 9, 1992 Weld County Commissioners Greeley, CO Gentlemen: The planning department and Weld County Commissioners have previously approved a Russian Olive screen along 47th Avenue on the West line of West Hill N Park 3rd Filing (aka Arrowhead South). Concerning this particular screening, it has been planted 3 time now and has failed the 3 times. The third time that it was planted, it was contracted to Highland Nurseries to plant, water, and care for the two seasons. They also failed. As per the letter attached from Highland Nurseries, we would like to change the plantings from Russian Olives to Austrian Pines and Cottonless Cottonwoods. The trees proposed would be large trees initially planted. Please respond to our request promptly as it is the time again to plant trees. Your cooperation is sin- cerely appreciated. Yours truly, -WEST HILLN PARK _ Roy undv 11- '.jZ-g 731 Deve oper Enc. p (3-tY G 3 952058 414. Wi�Yc COLORADO April 15, 1992 Roy Lundvall P. 0. Box 632 Greeley, CO 80632 Dear Mr. Lundvall: DEPARTMENT OF PLANNING SERVICES PHONE (303) 3564000, EXT. 4400 915 10th STREET GREELEY, COLORADO 80631 Thank you for your letter of April 9. The Board of County Commissioners has considered your request to allow the substitution of Austrian Pines and Cottonless Cottonwood trees for the Russian Olives as approved in the resubdivision of West Hill -N -Park, 3rd Filing, approved by the Board on July 26, 1989, and has approved the substitution of the trees. The trees will be placed in the landscape buffer area along Weld County Roads 52 and 33, as shown in the sketch you have submitted to us. Please let me know if you have any questions. Sincerely yours, Lanell J. Swanson Current Planner LIS/sfr 952058 mEmaRAnDum Wine Board of County Commissioners April 13, 1992 To Date Lanell J. Swanson, Current Plancyer�Ct-'�'�(� COLORADO From West Hill -N -Park, 3rd Filing, Subject' scaping Requirement The resubdivision of West Hill -N -Park, 3rd Filing, was approved by the Board on July 26, 1989. One of the conditions of approval was that the following note shall appear on the recorded plat: 1. Prior to November 1, 1989, a row of Russian Olive trees shall be planted by the applicant and maintained by the applicant until such time as the Homeowner's Association is prescribed to take over maintenance. The trees shall run the entire length of West Hill -N - Park, Third Filing, as it abuts Weld County Road 52 and Weld County Road 33. The trees shall be spaced a maximum of five feet apart and be a minimum of three feet in height at the time of planting. Attached are letters from Highland Nurseries, Inc., and Roy Lundvall, Developer, in which they explain that the planting has been attempted and has failed several times. They are submitting a new proposal of Austrian Pines and Cottonless Cottonwoods for the landscape buffer area. Mr. Lundvallhas also submitted a sketch showing the proposed location of the trees (attached). The Department of Planning Services' staff recommends the Board approve this change and allow the replacement of the Russian Olives with Austrian Pines, 6-7 feet in height, and Cottonless Cottonwoods, approximately 18 feet in height, in the landscape buffer area. George Kennedy Constance Harbert Bill Kirby Gordon Lacy Bill Webster Approve Change Deny Change Schedule Work Session 952058 ighland Nurseries,s. GLEN BECHTHOLDT Prat and Mgr. 5002 WEST 20TH STREET GREELEY. COLORADO 80634 (303)330-4445 April 8, 1992 Weld County Commissioners Greeley, CO LANDSCAPE ARCHITECT PLANNING CONSULTANT cl V APR 9 1992 Weld County Planning Gentlemen: We at Highland Nurseries have planteda Russianolive screen for the developer, Roy Lundvall, at the division of Hill 'n Park and the new Baessler subdivision. Though the planting has been done several times and watering has been performed with a watering truck, the results have not been satisfactory. We have now proposed to plant larger trees in the hopes that the larger watering bowls and larger root system will sustain plants better through the heat of the summer season and also during the often dry winter months. We are proposing to plant 16 Austrian Pine, 6-7 feet in height and 7 Cottonless Cottonwood, each approximately 18 feet in height, in this designated screening area. Yours truly, Roy Lundvall Developer /Iuti� Glen D. Bechtholdt Highland Nurseries, Inc. 952058 MAR 30 '95 11:09AM SSP P.2 REGULATION NO. 3 Air Pollution Emissions Notices, Construction Permits and Fees, Operating Permits and Including the Prevention of Significant Deterioration (PSD) TABLE OF CONTENTS PART A I. APPLICABILITY 3A.1 Definitions 3A II. AIR POLLUTANT EMISSION NOTICE (APEN) REQUIREMENTS 3A.31 APENs for New. Modified, and Existing Sources 3A.31 General 3A31 Revised APENs 3A.34 mptions from APEN Requirements 3A36 III. ADMINISTRATIVE PERMIT AMENDMENT PROCEDURES 3A.45 IV. OPERATIONAL FLEXIBILITY 3A.46 Alternative operating scenarios 3A.46 Trading based on the permit 3A.46 Emissions trading under permit caps 3A.47 V. CERTIFICATION AND TRADING OF EMISSION REDUCTION CREDITS 3A.48. Purpose 3A.48 Scope 3A48 Definitions 3A.48 Procedure for Certification of Emissions Reductions and Approval of Transactions 3A50 Criteria for Certification of Emissions Reductions 3A.55 Criteria for Approval of all Transactions 3A.57 Bubble Transactions 3A60 Offset Transactions 3A.62 Netting Transactions 3A63 952058 MAR 30 '95 11:1041 SSP P.3 whichever is less, above the level reported on the last APEN submitted to the Division, of any such air pollutant; or (iv) A change in actual emissions, above the level reported on the last ADEN submitted to the Division, of 50 pounds of lead. 3. Timeframe for Revised APEN submittals a. Revised APENs shall be submitted no later than within 30 days before the five year term expires. b. Owners or operators of sources which are required to obtain a permit revision must file a revised APEN, along with a request for permit revision. A revised permit must be obtained before the change at the source occurs. c. Sources submitting revised APENs to inform the Division of a change in actual emission rates must do so by April 30 of the following year (e.g., a change in emissions in calendar year 1893 must be reported by April 30, 1994).. d. APENs for changes in control equipment must, be submitted before the change occurs. D. Exemptions from APEN Requirements 1. The following sources are exempt from the requirement to file APENs because by themselves, or cumulatively as a category, they are deemed to have a negligible impact on air quality. a. Individual emission points in nonattainment areas having uncontrolled actual emissions of any criteria pollutant of less than one tone per year, and individual emission points in attainment areas having uncontrolled actual emissions of any criteria pollutant of less than two tons per year, and each individual emission point with uncontrolled actual emissions of lead less; than 100 pounds per yew, regardless of where the source is located. b. , IndMdual emission points of non -criteria reportable pollutants having uncontrolled actual emissions less than the de minimis levels as determined following the procedures set forth in Appendix A. Regulation No. 9, Part k 8/91 Am Page 8A38 952058 P.4 MAR 30 '95 11:10AM SSP .4r j. Disturbance of surface areas for purposes of land development, which do not exceed 25 contiguous acres and which do not exceed six months in duration. (This does not include mining operations or disturbance of contaminated soil). k. Each Individual piece of fuel burning equipment, other than smokehouse generators and Internal combustion engines, which uses gaseous fuel, and which has a design rate less than or equal to 5 million Btu per hour. (See definition of fuel burning equipment, Common Provisions Regulation). I. Internal combustion engines powering portable drilling rigs. m. Petroleum industry flares, not associated with refineries, combusting natural gas containing no H2S except in trace (less than 500 ppmw) amounts, approved by the Colorado Oil and Gas Conservation Commission end having uncontrolled emissions of any pollutant of less than five tons per year. n. Chemical storage tanks or containers that hold less than 500 gallons, and which have a daily throughput less than 25 gallons. o. Unpaved public and private roadways, except for haul roads located within a stationary source site boundary. p. Sanding of streets, and roads to abate traffic hazards caused by ice and snow. q. Open burning activities, except that all reporting and permitting requirements that apply to such operations must be followed (see Regulation No. 1). r. brazing, soldering; or welding operations, except those which use lead based compounds. All welding that occurs strictly for maintenance purposes Is exempt s. Street and parking lot striping. t Battery recharging areas. u. Aerosol can usage v. Sawing operations, which are ancillary to facility operations, and are not part of the production process. Regulation No. 9, Pan A; 8/04 Page 9.88 952058 IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLICLY MAINTAINED ROADS) THIS AGREEMENT, made and entered into this day of , by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County", , 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: WHEREAS final subdivi }}on/PUD plat of said property, to be known as - WQs1- HINU-47/^k.. r . 1 ra,»y has been submitted to the County for approval; and WHEREAS, Section of the Weld County (Subdivision) (Zoning) 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. 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 allowing any construction contract(s). 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. 952058 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. 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 materials and work at the Applicant's expense. Any materials or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at the 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. 952058 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage county may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of county or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the county or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate workman's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Off -Site Improvements Reimbursement Procedure: The subdivider, applicant, or owner may be reimbursed for off -site road improvements as provided in this section when it has been determined by the Board of County Commissioners that the road facilities providing access to the subdivision are not adequate in structural capacity, width, or functional classification to support the traffic requirements of the uses of the subdivision. 5.1 The subdivider, applicant, or owner shall enter into an off -site improvements agreement prior to recording the final plat when the subdivider, applicant, or owner expects to receive reimbursement for part of the cost of the off -site improvements. 5.2 The off -site improvements agreement shall contain the following: The legal description of the property to be served. The name of the owner(s) of the property to be served. A description of the off -site improvements to be completed by the subdivider, applicant, or owner. The total cost of the off -site improvements. The total vehicular trips to be generated at build -out by the subdivision, or resubdivision, as specified by the ITE Trip Generation Manual, or by special study approved by the Board of County Commissioners. A time period for completion of the off -site improvements. The terms of reimbursement. The current address of the person to be reimbursed during the term of the agreement. Any off -site improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements. 5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement, the opportunity to obtain reimbursement under this section is forfeited. 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a subdivision or resubdivision will use a road improvement constructed under an improvement agreement, the subsequent subdivider, applicant, or owner shall reimburse the original subdivider, applicant, or owner, for a portion of the original construction cost. In no event shall the original subdivider, applicant, or owner collect an amount which exceeds the total costs of improvements less the pro rata share of the total trip impacts generated by the original development. Evidence that the original subdivider, applicant, or owner has been reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the Department of Planning Services prior to recording the final subdivision or resubdivision plat. 5.5 The amount of road improvement cost to be paid by the subsequent subdivider, applicant, or owner of a subdivision or resubdivision using the road improvements constructed under a prior improvement agreement will be based upon a pro rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of nonresidential developments intended to use the road improvement. The amount of road improvement cost shall also consider inflation as measured by the changes in the Colorado Construction Cost Index used by the Colorado Division of Highways. The cost of road improvements may be paid by cash contribution to the prior subdivider, applicant or owner or by further road improvements which benefit the prior subdivider, applicant, or owner's property. This decision shall be at the sole discretion of the Board of County Commissioners based upon the need for further off -site road improvements. 5.6 The report entitled TRIP GENERATION (Third Edition. 1982) of the institute of Transportation Engineers shall normally be used for calculating a reasonable pro rata share of the road improvement construction costs for all subdivisions or resubdivisions. A special transportation study shall be used for land uses not listed in the ITE Trip Generation Manual. Any question about the number of trips a subdivision or resubdivision will generate shall be decided by the County Engineer. 5.7 The term for which the subdivider, applicant, or owner is entitled to reimbursement under the off -site improvements agreement, entered into between the subdivider and the county, is ten years from the date of execution of a contract for road improvements. 5.8 This provision is not intended to create any cause of action against Weld County or its officers or employees by any subdivider, applicant, or owner for reimbursement, and in no way is Weld County to be considered a guarantor of the monies to be reimbursed by the subsequent subdividers, applicants, or owners. 952058 6.0 Acceptance of Streets for Maintenance by the Count: 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. 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 acceptance 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 accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets, curbs and 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. 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 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 952058 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 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 952058 improvement item exceed the cost estimate in the Improvements Agreement (i.e., streets, sewers, water mains and landscaping, etc.). The 2 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 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. 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. 952058 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. 952058 9.7 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. 9.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of 10% of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final acceptance by the Board of County Commissioners for full maintenance under Section 5.3 herein. 10.0 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: 10.1 The required acreage as may be determined according to Section 10.18.1.4 of the Weld County Subdivision Ordinance 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. 10.2 The required acreage as determined according to Section 8-15-B of 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 Section 10.18.1.4. 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 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. 05,258 IMPROVEMENTS AGREEMENT PUBLICILY MAINTAINED ROADS BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney APPLICANT BY: (title) Subscribed and sworn to before me this My Commission expires: apublic.db day of , 19 Notary Public 952055 EXHIBIT "A" Name of Subdivision: Filing: Location: 'I wesf- J/// -N- Po. .oiV or ,5-4 sec. .,g61 T; 466V 6 V/ Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat County dated 19 recorded on 19 , in Book , Page No. , Reception No. , the following improvements. (Leave spaces blank where they do not apply) Improvements Street grading Street base Street paving Curbs, gutters. & culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Sanitary sewers Trunk & forced lines Mains Laterals (house connected) On -site sewage facilities On -site water supply & storage Water mains -Includes Bore Fire hydrants Survey & street monuments & boxes Street lighting Street name signs Fencing requirements Landscaping Park improvements Road Culvert Grass Lined Swale Telephone Gas Electric Water Transfer Estimated Unit Cost Construction Cost VA' /02O> OO 0 SUB -TOTAL Engineering and Supervision Costs (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 $ /r2r),DCJC 952958 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". (In corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Date: , 19 952058 Name of Subdivision: Wes? Filing: Location: 4/`PO/1.1 of St -c) % t YIA EXHIBIT "B" / 4,. A Intending to be legally bound, the construct the improvements shown ,'2G� rr N1 Z, ' Ql undersigned Applicant hereby agrees to on the final subdivision plat of Subdivision, dated , 19 , Recorded on , 19 , in Book , Page No. , Reception No. , the following schedule. All improvements shall be completed within 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 Site grading Street base Street paving Curbs, gutters. and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On -site sewage facilities On -site water supply and storage Water mains Fire hydrants Survey & street monuments & boxes Street lighting Street name signs Fencing requirements Landscaping Park improvements Telephone Gas Electric Water Transfer Sub -Total Time for Completion sapf 3O1 /995. 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. (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Date: , 19 952058 Hello