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Home My WebLink About980859.tiff CORRECTED RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATELY MAINTAINED ROADS) FOR HILLCREST ESTATES MINOR SUBDIVISION -TOM FRANCIS 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 April 15, 1998, a Site Specific Development Plan and Final Plat for a Five-Lot Subdivision, S #445, for Hillcrest Estates, % Thomas and Linda Francis, P.O. Box 700, Windsor, Colorado 80550, on the following described real estate, to-wit: Lot B of Recorded Exemption #1936, being further described as the EA, NE% of Section 25, Township 6 North, Range 67 West and the W114, NW'% of Section 30, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval in said Resolution, the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements (Privately Maintained Roads) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Hillcrest Estates, % Thomas and Linda Francis, with terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Irrevocable Standby Letter of Credit #00069 drawn on the Eaton Bank, 2700 47th Avenue, Greeley, Colorado 80634, in the amount of$25,775.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept collateral as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for Improvements (Privately Maintained Roads) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Hillcrest Estates, % Thomas and Linda Francis, be, and hereby is, approved. BE IT FURTHER RESOLVED that Letter of Credit #00069 drawn on the Eaton Bank, 2700 47th Avenue, Greeley, Colorado 80634, in the amount of$25,775.00, be, and hereby is, accepted. 980859 p PL1246 CG '. PC\ EG ; AClm� 1 `^f`�^ IMPROVEMENTS AGREEMENT - HILLCREST ESTATES - FRANCIS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of May, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �� r� ��"►. �� Constance L. Hargprt, Chair Weld County Clerkj45 th flo¢} ; --n [M'--1 'o osv ri / i �i �► W. H.'W bster, rro-Tem BY: Deputy Clerk to orge E. Baxter APP D AS T ORM: II unt Att. ney �4 �� C a �'.�� /Brbara J. KirkmeyerJ. Kirkmeyer 980859 PL1246 IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) 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",and/icons G. *L, a T. fra wcls 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: 40 f ,8 0 {,Reev e/ Sx.ea.,Pt e„ 0905-- 3a — z — AFIPJg Lora/edit IA tAe &X, /re%y, Sec. 2s, 7 4, Adleda- ex t 1/114.- /1/ W%y Sec. 3a T€ , R 66 W, O f e4 e 6 esc P>37. Gt'e/al Cozen fy, Co/0rac/O WHEREAS, a final subdivision/PUD plat of said property, to be known as .J V/O es f ES 71c. icor has been submitted to the County for approval; and WHEREAS, 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. 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 Revised 12/95 SBof112 R60000II90.00 2ity kidTsuksmele� 1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision to the County for approval prior to the letting of any construction contract. Applicant shall furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the County. 2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements herein agreed upon,Applicant shall acquire, at its own expense, good and sufficient rights- of-way and easements on all lands and facilities traversed by the proposed improvements. 3.0 Construction; Applicant shall furnish and install, at its own expense, the subdivision improvements listed on Exhibit"A: which is attached hereto and made a part hereof by this reference,according to the construction schedule set out in Exhibit"B" also attached hereto and made a part hereof by this reference. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a subdivision is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the subdivision is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community an the County have requirements and standards, those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ,at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 The Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems,water, gas, electric and telephone services. 3.5 Said subdivision improvements shall be completed, according to the terms of this Agreement,within the construction schedule appearing in Exhibit "B". The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit"B" upon application by the Applicant subject to the terms of Section 6 herein. 2 Revised 12/95 II'III 11111111111111111111111111111111 III II111 Illl 101 2617174 06/03/1998 11:20A Weld County CO 2 of 12 R 0.00 D 0.00 JA Suki Tsukamoto 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. (THERE IS NO SECTION 5) 6.0 Approval of Streets by the County: Upon compliance with the following procedures by the Applicant, streets within a subdivision may be approved by the County as public roads and will be maintained and repaired by a homeowners association or, in its absence,the owners of lots within the subdivision. 6.1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit"B",but such use and operation shall not constitute an approval of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit"B", and may continue to issue building permits so long as the progress of work on the subdivision improvements in that phase of the development is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a subdivision and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect its streets and recommend that the Board of County Commissioners partially approve them. Not sooner than nine months after partial approval, the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify the applicant(s)of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend full approval. Upon a receipt of a positive unqualified recommendation from the County Engineer for approval of streets within the development, the Board of County Commissioners shall fully approve said streets as public but with private pay. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to 100% of the value of the improvements as shown in this Agreement. Prior to Final Plat 3 Revised 12/95 I IIIIII 11111 HE IN VIII 11111 VIII III VIII IIII IIII 2617174 06/03/1998 11:20A Weld County CO 3 of 12 R 0.00 D 0.00 JA Sukl Tsukamoto approval,the applicant shall indicated which of the five types of collateral prefered 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. 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 fmal 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: 8.1.1 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" 8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 4 Revised 12/95 1 IMO 11111 111111 111111 11111 VIII VIII III 11111 IIII IIII 2617174 06/03/1998 11;208 Weld County CO 4 of 12 R 0.00 D 0.00 JR Suki Tsukamoto 8.1.4 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. 8.1.5 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. 8.1.6 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: 8.2.1 In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested M.A.I.member of the American Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current degree of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County,then an appraisal is required of the property by a M.A.I. member of the 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. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow •greement that provides at least the following: 5 Revised 12/95 1 111111 11111 111111 111111 VIII VIII VIII III VIII IiII IIII 2617174 06/03/1998 11:208 Weld County CO 5 of 12 R 0.00 D 0.00 JR Suki Tsukamote 8.3.1 The cash in escrow is at least equal to 100% of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Board. 8.3.3 The escrow agent will be a Federal or State licensed bank or financial institution. 8.3.4 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 Transportation Schedule for minimum materials sampling,testing and inspections found in CDOT 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. 6 Revised 12/95 HBO V11111111111111111111VIIIVIIIIII11111lIII I'll 2617174 06/03/1998 11:20A Weld County CO 6 of 12 R 0.00 D 0.00 JA Suitt Tsukamoto 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets 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 15%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 approval by the Board of County Commissioners. 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 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. 10.2 The required acreage as determined according to the Weld County Subdivision Regulations, may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the subdivision. 10.3 In lieu of land,the County may require a payment to the County in an amount equal to the market value at the time of final plat submission of the required acreage as determined according to the Subdivision Ordinance. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns 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. 7 Revised 12/95 HUM 11111 111111 111111 11111 HA IN III 1111111111111 2617174 06/03/1998 11:20A Weld County CO 7 of 12 R 0.00 D 0.00 JA Suki Tsukamoto BOARD OF COUNTY COMMISSIONERS 7 COUNTY, COLORADO .1i ATTEST: . Weld Coun BY: . . i: �a.>J �r,,« ' .- ...�., :. • A . 7IA." / Deputy Cler :T�►) `'`�c APPROVED AS TO F: �CountyA .rney pp APPLICANT/71.070.-02. /J. ic.ts .uy BY: (title) Subscribed and sworn to before me this day of , 19 . My Commission expires: Notary Public M:FORM\WFRIVATE.DB 8 Revised 12/95 111111 VIII IIIIII 111111 11111 1111 111 III lit IIII IIII 2617174 06/03/1998 11:20A Weld County CO 8 of 12 R 0.00 D 0.00 JA Sukl Taukamoto EXHIBIT "A" Name of Subdivision: e 'eS E... Filing: Location: EY2,i1/6%y Sec,,2S- MN,_1. 674' 6� h/Y.17'Oa1 Sec•39T ti 0N, R 66P/, o f A� 6`-'t A,M, Cc)eld 6Gt,/l3.y 1 CO 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) Estimated Improvements Unit Cost Construction Cost co Street grading ,/$ Y.? Street base Vyd-3 a S/0 Y4 3 c JO d0 Street paving ///rf Curbs, gutters,&culverts /VA Sidewalk //A Storm sewer facilities ,'VA Retention ponds /1/fl Ditch improvements A/A Subsurface drainage NA Sanitary sewers 4/A Sanitary sewers NA Trunk& forced lines ,41,4 Mains 4/A Laterals(house connected) 4//A On-site sewage facilities 4/A On-site water supply& storage Pa_,'el in ca/1 S,e _4.#4. .•d y-cv,C'&' Water mains-Includes Bore i ,'d ik 1l a'4..e 4✓ffa,kl,e4 //•w-C-Cu,b, Fire hydrants Par'd La. fJ! ,s-e,c ur4&...4cl►,z2( 4',ce.G4 , Survey & street monuments& boxes Pa.r'd l k cu a Gdrhz p/.e-f,ed Street lighting 41A Street name signs 4 26-0 Fencing requirements /l//`} Landscaping /U A Park improvements /1/,4 Road Culvert 8 @ 4160 ; c 1O O Grass Lined Swale /.:144—g 63 t5-60444)-4 z SO O Telephone Gas Pa "d f - fu!l --Se< 4 614.fc.A42d Electric Cam ple Led 4.Paid Water Transfer /2/. A - SUB-TOTAL o v 1 paial 6os&5 i-0 As-4'e 2 V/3 4.1 111111111111 111111111111111111111111111 III 11111 liii liii 2617174 06/03/1998 11:20A Weld County CO Rc`. `d i, 7S 9 of 12 R 0.00 D 0.00 JA Sukl Tsukamoto Engineering and Supervision Costs pa.14 /Pi -iv f 4-C.C9ry k 4'9-41 (testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIM TED COST OAF IMPROVEMENTS ANDS EJPERVIuION $ 4/9438 O -{ A►c 411 b f a, 2 y/3 14-5 x4,44. p h c II Cs.e.e. c_f -1c4-eq/ 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 242.46.- /te (In corporation,to be signed by President and attested to by Secretary, together with corporate seal.) Date:e ' Jj,4/ , 19 . • I IIII 11111 111111 111111 Mu 11111 MII III 11111E III IIII 2617174 06/03/1998 11:20A Weld County CO 10 of 12 R 0.00 D 0.00 JA Suki Tsukamoto I 0 Revised t2?:95 EXHIBIT"B" Name of Subdivision: /fict Q,S T t S T4 e.S...._.. Filing: Location: ,/PEA,Sec.2s Tr§ilii/q 47 4/4-- eke W '44.4/W.14, .Sec. 36, T6/v R66 W, a eke ,S* Colorado Intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvementsshown 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 Time for Completion Site grading yd'q'>_s Street base /_.dA 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 RJ'4ys Fire hydrants 3 Survey & street monuments& boxes c Street lighting Street name signs y 't'y Fencing requirements Landscaping Park improvements Telephone /d At `J Gas 3 old y S Electric Water Transfer Sub-'total J o �Rys 11111111111111111111111 Mu 111111111 III 1111111111111 2617174 06/03/1998 11:20A Weld County CO 11 of 12 R 0.00 D 0.00 JA Suki Tsuk&moto Revi:cd 121971 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 he met. 7A4Pin4.-r- 220-7-4 (If corporation.to be signed by President and attested to by Secretary, together with corporate seal.) Dater 1992. ,i, fommapm.ste h 1111111 VIII 111111111111 VIII "11111111 III "I'IIIIIIIII 2617174 06/03/1998 11:20A Weld County CO 12 of 12 R 0.00 D 0.00 JA Suitt Tsukamoto i `\i11 4ri MEMORANDUM vineTO: Board of County Commissioners May 11, 1998 COLORADO From: Todd A. Hodges, Current Planner II /4 SUBJECT: S-445, acceptance of Improvements agreements, Letter of Credit and Covenants for Hillcrest Estates Minor Subdivision The Department of Planning Services, Public Works Department and Weld County Attorney's office have reviewed the Improvement Agreements for the On-site improvements along with the Letter of Credit in the total amount of $25,775.00 for on-site improvements and the Covenants for the Hillcrest Estates Minor Subdivision. The Department of Planning Service's staff recommends that the Board of County Commissioners accept the On-site Improvements Agreements, Letter of Credit and Covenants. Attached is a copy of the Improvement Agreements, Letter of Credit and Covenants. 980859 rat MEMORANDUM TO: Todd Hodges, Current Planner II DATE: May 4, 1998 CFROM: Don Carroll, Engineering Administrator • COLORADO SUBJECT: S-445; Thomas and Linda Francis The Weld County Public Works Department has reviewed the Improvements Agreement According Policy Regarding Collalteral for Improvements (Private Road Maintenance). I have reviewed Exhibit"A",which shows Improvements, Unit Cost, and Estimated Construction Cost. The following items have been verififed for quantities: street grading, street base, road cuvlerts, fire hydrants, grass lined swale, street name signs, and stop signs. All other items such as water mains, gas, electric, and other utilities should be verified by the appropriate companies. All items listed above, except utility companies, the unit costs, and quantities appear to be adequate. I have no conflict with Exhibit "A". cc: Commissioner Webster County (olatlnlrPa Dept. S-445 plans MAY 0 6 1998 1/4e/ ale/4/ e Z/ /, oir Ze/Df, Ted 11/a,/c/ec//,/°4s 0/ //�e //-e Ai%/c'-erne fl z '/es , i4e-7- s� h% /s/ems, //e ,t 9z'�y 4 .i1'aiC6_2 O. , 77/-e /yam a' Sao J /5, ,e B,A..--i si oy Z & &''r/ e Cv. G , C6' /fy G/•. C: 41, /J, 71,1e eAe/,-/ea / /e. e 4 As c:e, !7i`,9 zvrci / cs /4,1 A S, r. C,Q, /512, h1/M-'ilq/_5"2",— 7rq &X�-�s_esa ��/a1 7a—es /Pr-e ,e(-een Ace_ 7,g7 /,/ d 77, O T('/,' y corns/es F/«Pc,D z1 /fp C/ot-e /Pick /h Z2-et+G%s-, OT Lei '%r 741 /// /' 'ei- 7)-e / &hiiE /"� /7-i C-'Mpet,'a/ /e,a1,p a ee /' ,/et c 1 �}SSOC/ale0 / , j i -e eer12s4-4,C1 a C25 7e4 /74/, res/ 47(r✓-e r Ze-e ZtA/15 , Ae y (4).3 iii-c c7zed a 2/ or L Q OL-e a' /mil' 1C on 2` �/ s��9't,�/�/!�/)-00..f' //{ro 6'o YO Ci cam/ / 4i9-S-e . / / E' L o/�/ /.�41i,d v h •7`Ur Z'h$ S C� 5170 CT/ %S44. 22, 4//3 se, x /1.4ve u-Zda-lieri l a ;Yes- o /*et gY6 170, / e a_ioh �n �'� /h 11.4.% Vbine['Ntd o / //5-ol 2)-e 221 y/ s , 4s xev Rnew 1 cecofed /,X to 4-s/l t -e /ioo_rd © f Coo Ft" / ti-7/35 /c ? '& S -to occ-Pcpt ?LP c✓Qdi ca.-/ or, /6f / //«esi P/P�se ezza_c /. { /67 ,, .5, vees e t ens.Si"2"-,„ A774-4-0( 6/s� 99 08 /y/Ay 8 Copy : f.-e-e �h eAt-m EATON SANK Our Irrevocable Standby Letter of Credit Number 00069 Beneficiary: Clerk to the Board of County Commissioners 915 10th Street,P.O. Box C Greeley,Colorado 80632 Expiry Date: May 8, 1999 Dear Sir(s)or Madam(s): Date of Issue: May 8, 1998 Applicant: Thomas G.Francis 7150 Highway 392,P.O. Box 700 Windsor,Colorado 80550 Amount Available: USD$25,775.00 (Twenty-five Thousand, Seven Hundred Seventy Five and no/100 Dollars) We hereby open our Irrevocable Letter of Credit in your favor for the account of Thomas G. Francis for a sum not to exceed the aggregate of$25,775.00. This amount shall be paid at sight and is available by beneficiary's draft or drafts. Each draft so drawn must be marked"Drawn under Eaton Bank Letter of Credit No.00069"and be accompanied by a signed statement from the Board of County Commissioners of Weld County, Colorado stating Thomas G.Francis has committed a material breach of the improvements agreement according to policy regarding collateral for improvements(Private Road Maintenance)or the Road Maintenance and Improvement agreement at Hillcrest Estates Subdivision, Weld County,Colorado. Such agreements dated the 8th day of May, 1998 by and between the Board of County Commissioners of the County of Weld. This credit is subject,so far as applicable,to the Uniform Customs and Practices for Documentary Credits 1993 Revision, International Chamber of Commerce Publication No. 500. We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit will be duly honored and presented for payment to us at 100 Oak Avenue,Eaton,Colorado 80615. This Letter of Credit will expire on May 8, 1999. This Letter of Credit will be deemed automatically extended for an additional one year period from the current expiration and future expiration date unless at least 60 days prior to such expiration date,we,Eaton Bank,notify you(Beneficiary) in writing that the Letter of Credit will not be renewed. In the case you receive such notification,you may draw by presentation of the following: (A)A draft on Eaton Bank; (B)A statement,purportedly signed by an official of the Board of County Commissioners of Weld County, Colorado stating that we have received notice from Eaton Bank that Letter of Credit No. 00069 will not be renewed and that Thomas G.Francis has failed to provide proof of adequate collateral and substitution of this Letter of Credit No. 00069;and(C)Copy of letter from Eaton Bank stating non-renewal of Letter of Credit No. 00069 and accompanied by the original Letter of Credit. Eaton Bank Our Irrevocable Standby Letter of Credit Number 00069 32/7476 Brett J.Brunner Vice President 100 OAK AVENUE/EATON,CO 00615/BUS(970)454-9456/FAX(970)454-2457 930 11TH AVENUE/GREELEY,CO 80631 /BU5(9701 356-3456/FAX(970)353-4971 2700 47TH AVENUE/GREELEY,CO 00634/BUS(970)339-3456/FAX(970)339-3906 04/14/153'8 12: 46 'J"11686758i J-2 CONTRACTING CO. RAGE 01 JR Contracting Company Drta a Prreanedamadoas&te C..dlng•Cuuuat&Lae Sakrade Public Mines*Street Construction 2221 2nd Ave.,Greeley,CO 80631, Vacs;(970)392-0694,Far'(470)342-0695 Quotation April 14, 1998 Submitted To: Tom Francis Project: Hillcrest Estates(Access Road) Location: Windsor, CO J-2 Contracting Company proposes to furnish all labor, material and equipment to perform the following work: Description Strip, excavate, recompact for Hillcrest Dr. from W.C.R. 66 south, shape ditches, shape and place 24ft wide class 6 road base(6"thick), finish shouldering. Access culverts on WCR 66 and WCR 23 3/4, access culverts for five(5)lots. Lump Sum Price $22,413.00 Waelydoq Staking,permits,fees, testing, traffic control Isola I. Excess material to be deposed east of property. 2. Work in accordance with Weld County Standards. 3. Quote void if not accepted within 15 days. Submitted by: Accepted by: ,, r.02Yis TZ&,ts Cc, c/s-eSo .42.1.- ohn Leone,Presi t Siprature Print Name and Title 05i08/159E 14: 21 355-099' CTr' WATER PAGE 01 BEC ! IY 'P -(.R.+i 11,4,O NORTH WELD COUNTY WATER DISTRICT P. O. Box 66 Lucerne, Colorado 80646 Fr Ct C Received from --•- . li?/hd_......_�._—_...�-- / � 7G'1_--�lu_.... . Si -C.c LoL.+ c� r_.;f:f iL C�a.� AMOUmiT i-.._......._.....-._.._ For �.T _ _.._.—SW and Meter N0. Total Amount Paid —.--y1•- ��.� .-n2 4.Lr^-j _�_.._..�... /t 4orl //i•4- /&r,Z0 3nao 7O ,'DM , �o oar 4 r'"'•, /1-p iC//c) ,? o, dr /< C ,fix/ r.P z2/a7, .mss 7A1// // __ ;€ �y - /%� 2A2 ///. al, car/Ia. �n ( 14N-� Illy �vsec1i c, -P w - C. FZ q— c€, c- R . 166 ,*6✓,hsz c// 6t01, o 7 /7,' /an U/77 0 y 40//et . Wmi-2o- ,4 4 /O c-7/ O 1 &1, C A,, -22 /h _ a_ lyres "iii- so 7`/4 c i Vii-, tf „S" "/ zC `e S 4 /s ,'� A. , //�� Ps / .sue/;/'4v.s, Lei, IX do», e S-/ 'C a1i971 -#-Q s ../i h cnt e)J,'h '6 1C -- c ce5 / noz' Z c 't9fi'�8 h 42 zy e y/ //uhc/y-ax se-va1-2y eigAt Ahil be-1AX ,a0ssr /t -.. ,taw,! avity rioMaS G_ .CY,p gels -OwA.a4- 5-J(A,rN /,C f;O .aU OF DIRECTORS 5),r,y... NORTH WELD COUNTY WATER DISTRICT ii,', "i1.1,'SON t- I » .v I IIGI IWAY 85 • LUCERNE,COLORADO 80646 . _• .. , ,i LI ACHZIUER �;; 0 DON POSSELT, MGR. .„ . L-.HfARNI3HECHT 44:1 tit* A f kik 7.s ! P.O. BOX 56 • PHONE 970-356-3020 • FAX 970-395-0997 Cost Cost ,.mul ih' Nomenclature Cost II)Maul Only I lyd/lixIension 1 8"X6"MJxMJxSE'lee $169.40 $169.411 $169.40 2 6"MJRWOL Valve 285.51 571.02 571.02 3 Valve Box W/Lid 81.32 162.64 243.96 1 '. Mechanical Restraint 25.00 275.00 275.00 6"MJxMJxS W'ice 150.47 150.47 151.47 I Waterous Nst 5'6"Pacer 250 I lydrant 6"MJ 3 Way,Open Left,Yellow 925.90 925.90 925.90 3 6"X20'Class 1St)Pipe C-900 PVC DR-18 $2.56/11 153.60 153.60 . 2 6"MJ 45 ELL 78.50 78.50 157.00 1 6"MJ 90 JiLL 83.69 83.69 I 6"X3"FP'1'MJ Plug 76.01 76.01 1 3"X6"Br.NO. 48.00 48.00 I 3"Gate Valve,'I'Wcad 211.67 211.67 • 1 2 1/2" PVC'lee 13.18 13.18 .{ 2 1/2"F'1'lt Cplg 6.90 20.70 IM: ' 4"CL 200 PVC Pipe 1.23/1( 984.00 81/2 6"CL-200 PVC Pipe 1.98/11 Mgr' 6"C-900 PVC I'ipe 2.56/1( • Asphalt Patch 1250.00 1250,00 1250.00 Uig/Iustall/Equipment 1800.00 3200.00 Road Base/Rock/Concrcle 805.00 805.00 805.00 'fraDie Control 700.00 700.00 700.00 $6756.02 $9878.90 'I UTAL COSTS FIREIIYDRANT ONLY $6756.02 FIRE IIYDRANY/EXTENSION i $9878.90 N WCWD OVERSIZE LINE 111,C, &./ /f1 e-e9 1d ?'!Jr'rr / SGT �// /4 1O?- m/4 �MC4 A4" O-e9- ZZ,'oT 4S-4-/j lui47`er /A-PS ‘c, /14 a). C. it. , /1, �s /eia,©/,.' s ‘u. 12/1,4, //e /o/rS .`oh/✓/ s"o ad 1 '1 Are"5s-a I, I/'rJ y v /4// , AS /`l Setoa✓/t' /S/O0-1 on pl. c/a_ fed 996, ca 7�2o. e,/ Go.Sf ,fco/ zza c'- ins? Z4Ao' Sf----ha/ C/ �/Li/nojr9O/"Y- et /`i -e o .Ooh .Po ss-e/7L - -14 ea,; c, ea,a 0%4, 77?C?" a . � �6 toa.e-s- BOARD OF DIRECTORS itCr NORTH WELD COUNTY WATER DISTRICT GARY SIMPSON ERNEST ROSS HIGHWAY 85 • LUCERNE, COLORADO 80646 W.M. McKAY /v'7M?. ad CHARLES ACHZIGER '1 i II I - DON POSSELT, MGR. ROBERTARNBRECHT ,3 P.O. BOX 56 • PHONE 970-356-3020 • FAX 970-395-0997 ESTIMATE FOR HIT CREST ESTATES (Internal) March 30, 1998 Thomas G. Francis P.O. Box 700 Windsor, Co. 80550 1750' Trenching/lay/backlill q, $3.00/ft. $5250.00 County Permit 25.00 Road Base 200.00 Materials(see sheet) 3414.00 • TOTAL $8889.00 l note: this does not include off site improvements Fort (E)6I2-10-4049 GAS DISTRIBUTION FACILITIES EXTENSION AGREEMENT Ext.No.Do 131i b.S THIS AGREEMENT,made this 0784 day of 449i/ , 19 fe,by and between PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, hereinafter referred to as "Company" and TOM FRANCIS a* INDIVIDUAL hereinafter referred to as"Applicant",WITNESSETH: WHEREAS, Company is a public utility supplying gas service to various areas in the State of Colorado,and WHEREAS, Applicant has requested Company to construct and install the necessary gas distribution facilities to provide ** INDETERMANENT service to serve. HILLCREST SUB LOTS 1 THRU 5 in WINDSOR, WELD COUNTY ,Colorado. WHEREAS, Company's Service Lateral Connection and Distribution Main Extension Policy requires a Construction Payment for the installation of said facilities. NOW,THEREFORE,in consideration of the mutual covenants and promises herein contained,it is mutually agreed as follows: 1) Company agrees to construct with reasonable promptness, the gas distribution facilities for which the Applicant has either made the Construction Payment,or will make the Construction Payment within thirty(30)days from the commencement of construction, (Excluding Service Laterals), and to notify Applicant when construction is completed and service is available(the Extension Completion Date). 2) Applicant agrees,upon execution of this Agreement, to pay to Company the Construction Payment in the amount nt of of SEVEN THOUSAND SEVEN HUNDRED AND THIRTY SIX DOLLARS AND NO CENTS. $7736.00 /¢ 6Tt4 CiQ 3) (a) Said Construction Payment may be refundable to Applicant in part or in its entirety during a ten (10) year period commencing with the Extension Completion Date. Any possible refunds will be made in accordance with the terms and conditions of the Company's Service Lateral Connection and Distribution Main Extension Policy. This policy is on file with The Public Utilities Commission of the State of Colorado and is available for inspection. In no event will any refund exceed the Construction Payment nor will any refund be made after ten(10)years from the Extension Completion Date,as determined from the Company's records. (b) In the alternative, the Applicant can directly pass through to purchasers of Applicant's property covered by this extension any costs associated with the extension. (c) Applicant elects between 3(a)and 3(b)above as follows: I) Company shall collect participation charges caused by connections to the extension covered by this Agreement and refund those amounts to Applicant pursuant to 3(a)herein. X 2) Company shall not collect any participation charges caused by connections to the extension covered by this Agreement. Applicant hereby represents that costs associated with this extension shall be collected directly by Applicant pursuant to 3(b)above. (4) Nothing in this agreement shall be construed to waive the right to refund, if any, which may accrue as a result of excess construction allowance associated with distribution and/or service lateral installations pursuant to the Rules and Regulations currently on file with The Public Utilities Commission of the State of Colorado. (5) Applicant agrees to execute the Company's standard right-of-way agreements granting free of charge to Company,such rights-of-way as may be required,and recognizes this Agreement is contingent upon Company obtaining any other rights-of-way from other parties if required. (6) In the event Applicant should require additional gas distribution facilities other than for which the Construction Payment has been made hereunder,such facilities shall be provided by separate agreements. IT IS MUTUALLY AGREED that the application and interpretation of this Agreement,including the definitions of terms used herein, shall be in accordance with the Company's Gas Service Rules and Regulations, including Company's Service Lateral Connection and Distribution ivlain Extension Policy, on file and in effect from time to time with The Public Utilities Commission of the State of Colorado and that said Rules and Regulations constitute a part of this Agreement and are binding on the parties hereto. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. PUBLIC S RVICE COMPANY OF COLORADO APPLICANT By wh7 /1.6/.,./.44144/9Name/Firm /6 /7-41-k C15 LEN HILDERBRAND(NICCI MCMANIGAL By /`.►r 9.4411I-4-1-4-4-4" ((((( TOM FRANCIS (TYPE OR PRINT NAME AND TITLE OF SIGNER) Mailing Address * Specify Corporation,Partnership,individual or individual doing business as. .. P.O.BOX 700 ** Specify Permanent,Indeterminate,or Temporary. WINDSOR,CO 80550 1 45,20T/%n efts- / -s577 �G /eSZ CS fa leeS ✓e -, a- ^ Fna / �74 •icy 74 // Ai. 4e . le-f..1 re -O /O # 2 . J<o a d "4! -'2 f? /2 . .7- erc��.cle-O• j`, - / ` EIIIIACREST ESTATES COVENANTS, CONDITIONS, AND RESTRICTIONS Declaration of covenants, conditions, and restrictions made January 12, 1998, by the Hillcrest Estates Homeowners Association, referred to as the Association, concerning the residential subdivision known as Hillcrest Estates, referred to as the subdivision. RECITALS A. Thomas G. Francis and Linda J. Francis with a place of business at 7150 Highway 392, Town of Windsor, County of Weld, State of Colorado, referred to as developer, are the owners of real property located in the County of Weld, State of Colorado, fully described in Exhibit "A" attached to this declaration. B. Developer has subdivided such property into five individual, single-family residential lots, and, in addition, contemplates setting aside certain streets, rights of way (herein community facilities) . C. Developer desires that the entire subdivision constitute a single residential community with access, use, and rights and obligations toward the ownership, operation, and maintenance of community facilities, and that such properties are also benefited and burdened by the same land-use restrictions and controls. D. Developer retains the right to, but need not, set aside certain rights-of-way, ditches, supply lines, a pump and related pipes, and the electrical wires and equipment needed to operate the pump (herein water facilities) for use by the Association and residents of the subdivision. E. The total development of the subdivision residential community may take several years. F. The Association desires to provide for minimum building restrictions to promote and assure that the subdivision is a quality residential community. G. The Association desires to provide rules for the use of the contemplated water facilities. H. The Association shall have the right to make such reasonable Rules and Regulations, consistent with this Declaration, regarding the use of the community facilities and any water facilities. I. Each lot is deemed to have one vote other than issues regarding Storm Lake Drainage District, wherein a consensus of 3 1 Hillcrest Estates Homeowners Association votes will be cast as one vote for the Storm Lake Drainage District. In consideration of the premises, the Association subjects all of the real property described in Exhibit "A" to the following covenants, charges, assessments, conditions, and restrictions subject to the limitations contained in this declaration. SECTION ONE BUILDING AND DESIGN COMMITTEE A. There shall be created a building and design committee which shall be responsible for reviewing the plans on all proposed new construction, additions, or modifications. Such committee shall be responsible to ascertain that the plans and subsequent construction meet the minimum building requirements set forth in this declaration. The primary purpose of such committee shall be to assist property owners in achieving compliance with such building restrictions. Such committee shall allow the greatest possible latitude and flexibility in the design of homes to be built on the lots in the subdivision. B. The building and design committee shall consist of developer. Once all of the lots in the subdivision have been sold, the building and design committee shall consist of no fewer than three members to be selected annually by the board of directors of the Association, with the members to be chosen for varying terms so as to achieve staggered terms and continuity of membership of such committee. C. Any property owner seeking to construct a new home or other appurtenant structure, or to add to or modify any portion of the exterior of an existing home, shall submit the plans to the building and design committee for review. A modification of the home exterior will include decks, hot tubs, patios, pools, paint, and similar alterations. Construction of new structures includes fences, equipment and material housing, dog runs, gazebos, arbors associated with landscaping, and other similar construction. D. No construction, change, modification, or alteration for which plans are to be submitted to the building and design committee pursuant to Paragraph C, immediately above, shall commence until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing by the building and design committee as to the harmony of external design and location in relation to surrounding structures and topography, size, estimates of cost, and such other factors as the building and design committee considers necessary, appropriate, and relevant to 2 maintain property values of nearby properties. In the event the building and design committee fails to approve or disapprove such design and location plan within 45 days after such plans and specifications have been submitted to it, approval will not be required and full compliance with this section of the declaration will be deemed to have occurred. E. In spite of the foregoing provisions, the building and design committee shall have no affirmative obligation to be certain that all elements of the design comply with the restrictions contained in this declaration, and no member of the building and design committee shall have any liability, responsibility, or obligation, whatsoever, for any decision or lack thereof, in the carrying out of duties as a member of such committee. Such committee and its members shall have only an advisory function, and the sole responsibility for compliance with all of the terms of this declaration shall rest with the homeowner. Each homeowner agrees to save, defend, and hold harmless the building and design committee and each of its members on account of any activities of the building and design committee relating to such owner's property or buildings to be constructed on his or her property. F. The building and design committee, if it observes deviations from or lack of compliance with the provisions and this declaration, shall report such deviations or lack of compliance to the board of directors of the Association for appropriate action. SECTION TWO BUILDING RESTRICTIONS A. The subdivision shall be a single-family residential subdivision and shall be used solely for residential purposes and incidental uses permitted herein. A "building site" shall consist of one or more residential lots or portions thereof, as hereinafter required, as shown on the face of the plat or any modifications or adjustments thereto. In spite of the preceding, no lot shall be smaller than the minimum lot size allowed by the governmental authorities charged with regulating lot sizes, and no further subdivision of the lots may occur. B. No building or structure shall be erected, constructed, maintained, or permitted on such residential lots, except on a "building site" as defined below in this declaration. C. No building, except a single-family residential building together with detached garage and/or such other accessory buildings as may be permitted by local land use or ordinances shall be permitted. Such accessory buildings shall not be used for or in connection with multi-family living, and each building site shall 3 be used for no more than one family, together with attendants or domestic servants of that family. D. Any home constructed on a building site shall have a minimum main floor area of the main structure, exclusive of one-story open porches and garages, of not less than sixteen hundred (1,600) square feet for a one-story dwelling. In the case of a multiple-story or split-level dwelling, the lower or ground floor living level shall be not less than twelve hundred (1,200) square feet and the total finished square footage area of the second and/or split level, when added to the minimum twelve hundred (1,200) square feet main floor requirement, shall be not less than two thousand (2,000) square feet. E. No home shall be constructed on any building site at a cost of less than One Hundred Five Thousand Dollars ($105,000) , based on $65 per square foot as of January 1998 and shall rise and fall in accordance with that index. If such index should cease to be published, the most nearly comparable index shall be used. F. No trailer, tent, shack, garage, barn, or other outbuildings shall at any time be used as a residence, temporarily or permanently, on any building site. G. Any construction commenced on any house as provided in this declaration shall be substantially completed, including, but not limited to, all painting, within twelve (12) months from the date such construction is commenced. H. No sign of any kind shall be displayed to public view on any building site, except for a sign, limited to one, advertising the property for sale, which sign shall not be larger than six (6) square feet. I. All lot owners shall provide and maintain proper facilities to control storm water run-off onto adjacent properties and to insure that sediments do not enter the natural drainage system. J. All buildings and improvements shall be constructed in compliance with the pertinent zoning and building codes of the County of Weld, and any and all other governmental entities that have jurisdiction thereof at the time of undertaking such buildings and improvements. No dwelling house, garage, or other accessory building or part thereof (exclusive of fences and similar structures) shall be placed nearer to the front lot line or nearer to the side lot line or to the rear lot line than the minimum building setback lines, if any, imposed by any such governmental entity having control. Each lot will have a building envelope not less than 1/2 acre nor longer than 1 acre. The building envelope will not be used for grazing purposes. All structures other than 4 fences will be located within the building envelope with the exception of no more than two lean-to weather shelters (not longer than 16' x 32 ' ) for livestock protection located in the divided pasture. Corrals, arenas and feed storage shall only be located within the building envelope. The location of the building envelope shall be approved by the Architectural Committee. K. The height and location of any residence, garage, or accessory building shall be designed and located so as to assist in the preservation of views of others. L. All lines or wires for telephone, power, cable television, or otherwise shall be placed underground and no such wires shall be shown on the exterior of any building unless the same shall be underground or in a conduit attached to a building. No exterior television or radio antenna or aerial shall be installed unless approved by the Architectural Committee. M. No fences shall be constructed except after approval and review by the building and design committee, and all fences shall be designed and constructed so as to be compatible with the neighborhood. Except as provided below, the minimum fencing allowed will be an alternating steel and 4 inch wood post placed 10 foot apart with 3 strand smooth wire. No barbed wire is allowed. White vinyl fences and all wood fences are also allowed. All fences shall be designed and constructed so as to not constitute a nuisance or offensive effect on other persons residing within the subdivision. Chain-link fences for animal containment purposes, with proper screening from neighbors and public view, may be acceptable on approval of the building and design committee. N. No noxious, illegal, or offensive use of property shall be carried on any lot, nor shall anything be done thereon that may be, or become, an annoyance or nuisance to the neighborhood. No grantee or grantees, under any conveyance, nor purchasers, shall at any time conduct or permit to be conducted on any residential lot any trade or business of any description, either commercial or noncommercial,- religious or otherwise, including day schools, nurseries, or church schools, nor shall such premises be used for any other purpose whatsoever except for the purpose of providing a private, single-family dwelling or residence, the only exception defined as follows. Home occupations. In addition to any restrictions imposed upon Lots by Weld County with regard to home occupations or businesses, no Owner shall conduct nor permit any activity or occupation upon his Lot which shall involve the sale or storage of any inventory or merchandise or the delivery of inventory or merchandise or similar materials to the Lot. No more than fifteen percent (15%) of the space within a residential dwelling 5 may be used for any business or home occupation. Notwithstanding the foregoing, the Board shall have the right to authorize prohibited business activities or home occupations upon any Lot provided that it shall first determine that such home occupation or business shall not unreasonably interfere with the use and enjoyment of any of the Properties and provided further that the Owner conducting such business activities or home occupation agrees to such reasonable rules and conditions as shall be imposed upon him by the Board. O. No trash, garbage, ashes, or other refuse, junk, vehicles in disrepair, underbrush, or other unsightly growths or objects, shall be maintained or allowed on any lot. All fences and buildings shall be kept in a state of repair. All residences, garages, and accessory buildings shall be painted or stained, from time to time, so as to maintain a reasonable state of repair. P. No boat, boat trailer, house trailer, horse trailer, automobile, recreational vehicle, truck, or other vehicle, or any part thereof shall be stored or permitted to remain on any residential lot unless the same is stored or placed in a garage or fully-enclosed space, or such that is screened from view from neighboring lots or any street, except for temporary storage for a period not to exceed three (3) consecutive days in duration, with such temporary occurrences not to exist more than six (6) times in any one calendar year. No on street parking is allowed on interior streets of Hillcrest Estates. Q. Each property owner shall exercise as much care as is possible to retain natural vegetation, trees, shrubs, and other similar growth. Prior to the removal of any such growth, the plans referred to above shall be submitted to the building and design committee for the committee's review and comments. All properties must maintain dust control by methods to include not overgrazing pastures, maintaining corrals and other stewardship of the land methodology. Proper management of the pastures will promote an attractive open area between the building envelopes, maximize the feed supply for livestock and save landowners the expense of reestablishing destroyed ground cover. Improper management will result in unsightly surroundings, growth of weeds and erosion of soils by wind and water. Overgrazing is the single most devastating factor in the destruction of the range ground cover. The acreage of the Hillcrest Estate lots, though large for estate zoned subdivisions, are not large enough to sustain livestock feed requirements on a year-round basis. The feed supply will need to be supplemented during Winter, early Spring, late Fall and at various times throughout the summer depending upon the type and number of livestock and the amount of water the ground receives 6 either from nature or irrigation and proper fertilization of the soil. The following are minimum guidelines for pasture management. Residents are encouraged to utilize services offered through Colorado State University extension offices and other public agencies. All lots will have corral facilities located within the building envelopes and the pasture will have a division fence dividing the pasture in two parcels. Livestock will be contained in the corral area during the spring thaw. After the spring thaw and before the winter freeze livestock will be removed from a pasture when the height of the grass has been grazed down to the height of three inches. At this time they may be rotated to the second pasture. If at this time there is insufficient pasture the livestock will be contained in the corral and maintained with the feed supplements until the pastures have recovered. After the winter freeze and until the spring thaw, livestock will be contained in the corral area and the smallest pasture. Each property owner, within four (4) months of the completion of a residence, shall landscape all yards fronting a street, provided, however, that a right to extend the time period for completion of such landscaping may be sought, in writing, and obtained at the sole discretion of the building and design committee in the case of extenuating circumstances. No landscaping or any subsequent material change, alteration or modification of landscaping from that shown on any initially approved landscape plan, shall occur unless a landscape plan showing such landscaping or change, alteration or modification is submitted and approved by the building and design committee. Approval or disapproval of such landscaping plans shall be in the same manner as set forth in section one. A material change, alteration or modification of landscaping will not include the replacement of any materials in accordance with the originally approved plan or the planting of any materials which will not have a mature height in excess of six feet. After a Living Unit has been constructed on any Lot, the remaining unpaved portion of the Lot shall promptly be placed in grass or other vegetation or covered with decorative materials and maintained in that condition so as to prevent the blowing of dust and dirt from the exposed soil. R. All mailboxes and mailbox holders shall be of a standard design accepted by the building and design committee and adhering to the applicable specifications of the U.S. Postal Service. All mailboxes shall be located as directed by the U.S. Postal Service. Each lot owner shall be responsible for the maintenance and replacement of his or her mailbox so as to keep it in a state of repair at all times. 7 S. No animals, livestock, or poultry shall be raised, bred, or kept on any lot of the subdivision for commercial purposes. 4H livestock are exempt from this provision. Each lot is further restricted to a total of one (1) livestock animal unit per acre. The following is a list of the types of livestock permitted on the lots and the respective number of "animal units" attributable to any particular animal. type b i i ma+l Un i to Maximum Number Attributable to per acre Single animal Cattle (steer, 1 1 heifer, cow) Horse or pony 1 1 Llama 1 1 Mule or Burro 1 1 Sheep 1 1 Poultry .25 4 Rabbit .25 4 Swine 1 1 Goats 1 1 Only those livestock included in the preceding list (other than household pets) are allowed within the properties without Board approval. All household pets shall be subject to any rules and regulations and all governmental ordinances or laws applicable to the properties. T. Refuse piles or other unsightly objects or materials shall not be allowed to be placed or to remain upon the Common Area or the exterior of any Lot or residence. The Association shall have the right to enter upon any property in the Subdivision and remove any rubbish piles or other unsightly object and materials at the expense of the Owner after due notice to the Owner and failure of the Owner to remove any material specified in such notice. The cost so incurred by the Association shall be assessed against the Owner as Reimbursement Assessment. The Association, in its adopted Rules and Regulations, may further regulate the location of trash receptacles on Lots and prohibit placing such receptacles in any place not authorized by the Rules and Regulations. SECTION THREE GENERAL AND SPECIAL ASSESSMENTS FOR Association A. By acceptance of the deed or other instrument of conveyance for his or her lot within the subdivision, each lot owner shall be deemed to covenant and agree to pay to the Association annual assessments and special assessments for capital 8 improvements. Such assessments shall be fixed, established, and collected from time to time as provided in this declaration. The annual and special assessments, together with such interest thereon and costs of collection as provided below, shall be a continuing lien on the property affected and shall also be a personal obligation of the owner of such property on the date when the assessment is due. Such personal obligation shall not pass to successors in title to the affected property unless expressly assumed by such successors. Unless changed by a vote of three (3) of the lot owners, the annual assessment for any lot in the subdivision shall be that amount last approved by three (3) of the lot owners. On vote of the members of the Association in the manner set forth below, the Association may levy, in addition to annual assessments, a special assessment or assessments in any calendar year applicable to that year only, for the purpose of defraying in whole or in part the cost of construction or reconstruction or expected repair or replacement of a described capital improvement or capital improvements on the common properties in the subdivision, including fixtures and personal property related thereto. Any special assessment or change in maximum annual assessment must be approved by the board of directors of the Association and have the assent of three (3) of the votes of the lot owners at a meeting called for that purpose. Written notice of such meeting called for such purpose shall be sent to all members of the Association at least fourteen (14) days in advance of the date of such meeting, setting forth the purpose of the meeting. B. It shall be the duty of the Association to notify all owners or contract purchasers of lots within the subdivision, whose addresses shall be supplied to the Association, by sending written notice to each of such owners within thirty (30) days after the date on which the assessment has been fixed and levied, giving the amount of the charge or assessment for the current year, when the same shall be due, and the amount due for each lot or partial lot owned by each such owner. Failure of the Association to levy an assessment or charge for any one year shall not affect the right of the Association to issue assessments in future years. Failure to deliver or levy an assessment due to a lack of an address for the owner of any particular lot within the subdivision shall not discharge the obligation of any such owner from paying such assessment, and it shall be the obligation of any such owner to notify the Association of such owner's current address. C. Any general or special assessment levied as set forth in this declaration shall become a lien on the affected real estate as soon as such assessment is due and payable as set forth above. In 9 the event any owner fails to pay the assessment when due, then the assessment shall bear interest at the maximum legal rate permitted by the State of Colorado from the date when such assessment is due until it is paid in full. Thirty-one (31) days after the date of any such assessment has been fixed and levied, the assessment, if not paid, shall become delinquent and the payment of both principal and interest may be enforced as in the case of a laborer's lien on the affected real estate, and a notice of such assessment may be filed with the Clerk and Recorder of Weld County, Colorado, and venue shall be laid in the Weld County District Court, State of Colorado. It shall be the duty of the board of directors of the Association, as provided below, to bring actions to enforce such liens before they expire. The Association, in its discretion, may file certificates of nonpayment of assessments with the Clerk and Recorder, County of Weld, State of Colorado, whenever such assessments are delinquent. For each certificate so filed, or for any lien so filed, the Association shall be entitled to collect from the owner or owners of the property described in such certificate or lien a fee of Two Hundred Fifty Dollars ($250) , which fee is declared to be a lien on the affected real estate, and shall be collectible in the same manner as the original assessment provided for in this declaration. Any such lien shall continue for a period of ten (10) years from the date of delinquency and no longer, unless with such time period legal proceedings shall be instituted to collect such assessments, in which event the lien shall continue until the termination of the legal proceedings, and the sale of the property under the execution of the judgment establishing the same. In the event legal proceedings are commenced to collect any such assessment, or if the services of an attorney are retained by the Association in connection therewith, the non-paying owner or owners shall be obligated to pay all costs incurred, plus reasonable attorney fees, which costs and fees shall become a portion of the assessment and may be foreclosed on in the same manner as the assessment as provided above. D. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, enjoyment, and welfare of the residents in the subdivision and, in particular, for the improvement and maintenance of property, service, and facilities devoted to the above-stated purpose and related to the use and enjoyment of the common properties and of the homes situated in the subdivision. Without limiting the generality of the foregoing statement of purpose, such assessments shall be applied by the Association to the payment of the costs of the following: 10 1. To enforce any and all building and land-use restrictions that exist as of the date of this declaration or which may be lawfully imposed hereafter on or against any of the property in the subdivision. 2. To maintain the community facilities as provided in this declaration, including road maintenance. 3. To pay expenses to carry out the above, such as attorneys' fees, manager's fees, expenses of liability, fire, and other insurance, bookkeeping and accounting expenses, and any and all other expenses that may from time to time be deemed necessary to carry out the intent of this declaration by the Association. 4. To protect property values in the subdivision by promoting pride in an enthusiasm for it; to work for improved transportation, schools, libraries, and recreation facilities within the community in which the subdivision is located; and to do all lawful things and tasks that the Association, in its discretion, may deem to be in the best interests of the subdivision and the owners of the lots in the subdivision. SECTION FOUR MISCELLANEOUS AND GENERAL PROVISIONS A. Each owner, by purchasing any lot in the subdivision shall automatically become a member of the Association and shall be bound by the terms and conditions of this declaration, the articles and bylaws of the Association, and such rules and regulation as may be promulgated and adopted by the Association under such articles and bylaws. There shall be only one membership for each lot. B. On transfer, conveyance, or sale by any owner of all of his or her or its interest in any subdivision lot, such owner's membership in the Association shall thereon cease and terminate. C. Except as provided in this declaration, the Association shall be the sole judge of the qualifications of its membership and of the right to participate in and vote at its meetings. D. The official address of the Association is 7150 Highway 392, Town of Windsor, County of Weld, State of Colorado, and shall remain so until changed by the Association, at which time the Association shall notify each member thereof of the change in address. E. Each lot owner or lot purchaser, on purchase of such lot, shall immediately notify the Association of such owner's name and address. 11 F. By written consent of one hundred percent of all of the lot owners, the Association may be given such additional powers as may be described by the Association, or otherwise modify or amend this declaration in any manner. G. Prior to the approval of building plans for all of the five lots contemplated by the terms of this declaration, developer shall have the right, at its option, to perform the duties and assume the obligations, levy and collect the assessments and charges, and otherwise exercise the powers herein conferred on the Association in the same way and in the same manner as though all such powers and duties were herein given to developer directly. H. The Association shall, at all times, observe all of the laws, regulations, ordinances, and the like of the County of Weld, State of Colorado, and of the United States of America, and if, at any time, any of the provisions of this declaration shall be found to be in conflict therewith, then such parts of this declaration as are in conflict with such laws, regulations, ordinances, and the like shall become null and void, but no other part of this declaration not in conflict therewith shall be affected thereby. I. Subject to the limitations set forth in this declaration, Association shall have the right to make such reasonable rules and regulations and to provide such means and to employ such agents as will enable it adequately and properly to carry out the provisions of this declaration. J. This declaration may be terminated, and all of the real property now or hereafter affected may be released from all or any part of the terms and conditions of this declaration, other than the voting rights for the Storm Lake Drainage District as defined under Recitals, Section I, which are not amendable, by the owners of one hundred percent of the properties subject hereto at any time it is proposed to terminate this declaration, by executing and acknowledging an appropriate written agreement or agreements for that purpose, and filing the same with the office of the Clerk and Recorder of Weld County, Colorado. K. All of the provisions of this declaration shall be deemed to be covenants running with the land, and shall be binding on and inure to the benefit of the owners of the properties described in Exhibit "A, " their heirs, successors, and assigns, and all parties claiming by, through, or under them shall be taken to hold, agree, and covenant with such owners, their successors in title, and with each other, to conform to and observe all of the terms and conditions contained in this declaration. L. Any lot owner, or the Association, may maintain any legal proceedings to compel or enforce any of the terms and conditions of this declaration. 12 M. The only initial member of the board of directors of the Association shall be developer, In witness whereof, the undersigned, acting as the President of the Hillcrest Estates Homeowners Association has caused this declaration to be executed at on the date indicated below. Date: January 14, 1998 ? nfoz Tas G. Francis, Pres dent 13 Hello