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Home My WebLink About970890.tiffTransmittal Date January 14, 1997 No. of pages with cover sheet see below Pickett Engineering Proj. No. 119 To: PICKETT ENGINEERING COMPANY 822 7th Street, Suite 210 Greeley, Colorado 80631 From: Chris Goranson Kris A. Pickett, P.E. Weld County Planning Dept. Tony Evans, E.I.T. Phone # Fax # cc: Phone (970) 356-6362 Fax (970) 356-6486 REMARKS: ❑ Urgent ❑ For your review ❑ Reply ASAP Re: Vista Commercial Center, Phase II 24 copies Application material 1 original application and material 10 Utility Plans 3 Complete sets 25 Landscaping Plans 25 Plats PUD Application Fee for $1100.00 1 Drainage Report, Phase I & II ❑ Please comment 970890 PICKETT ENGINEERING COMPANY 210 Bank One Plaza, 822 7th Street, Greeley Co 80631 January 13, 1997 Mr. Todd Hodges, Planner Weld County Planning 1400 N. 17th Avenue Greeley CO 80631 Re: PUD Final Plan Submittal Vista Commercial Center PEC #119 Phase II Dear Mr. Hodges: This submittal is being made on behalf of Horizon Investments, LLC. It is their request that you review and approve the Final PUD plan Second Filing and associated documents. Contact me immediately should you find the need for clarification or additional information. Please keep me informed of your progress in reviewing this request, as the Applicants wish to have this submittal approved under the same guidelines as the First Filing. This submittal is being made now because of the miscommunications or misunderstandings that occurred during the First Phase. The intent all along has been to have the overall layout and other plan elements approved for the 144.9 acres of Vista Commercial Center, with the understanding that Phase I (the east half) would be constructed first. The west half Phase II, would begin when substantial progress in Phase I was complete, and enough interest in starting Phase II construction. We have always expected Phase II to be a continuation of Phase I. We expected that only detail drawings would be required when Phase II was ready to begin, since all the critical aspects were addressed in the Phase I submittal. Information submitted in Phase I included the entire development with regard to lot and road layout, landscaping, common open space, improvement agreements for internal road as well as SH 119, storm drainage runoff and detention requirements, design guidelines, and covenants, codes and restrictions. The Vista Commercial Center is a new development for light commercial and industrial uses. It is located on the south side of Colorado State Highway 119 between Weld Phone 970/356-6362 e Fax 970/356-6486 gi0 Page Two January 13, 1997 Todd Hodges, Planner County Roads 3 and 5. The development has previously received Sketch Plan approval and Change of Zone approval. This submittal deals with only the west half of the property indicated as Phase H. Phase I is to be approved on January 15, 1997 by the County Commissioners. Please refer to the First Filing (Phase I) submittal package for the following information: • Traffic Impact Study by Eugene G. Coppola, P.E., dated June 7, 1996, known as Attachment 'A' in this submittal package and in the First Filing. • Geotechnical report by Terracon Consultants Western, Inc., dated December 22, 1995, known as Attachment 'B' in this submittal package and in the First Filing. • Drainage Report for Vista Commercial Center by Pickett Engineering Company dated September 3, 1996, known as Attachment `D' in this submittal package and in the First Filing. Also refer to the addenda for the Drainage Report stating that the report pertains to the whole site, not just Phase I. Again, we want to help you review and approve this request expeditiously. Call if you need clarification or additional information. Tony Evans, E.I.T. Project Manager TLE/bc Enclosures: Ck. in amount of $1100.00 Original documents + 24 copies xc: Russell Stacey 970890 VISTA COMMERCIAL CENTER ADDENDA #1 JANUARY 9, 1997 RE: Drainage Report for Vista Commercial Center done by Pickett Engineering Company. The Drainage Report submitted on September 13,1996 for Vista Commercial Center stated `PHASE P. It should read for "PHASE I and PHASE II" because the entire site was addressed in this report and then broken down into its respective phases. 970890 VISTA COMMERCIAL CENTER PLANNED UNIT DEVELOPMENT APPLICATION AND FINAL PLAT WELD COUNTY, COLORADO PHASE II Horizon Investments, LLC. 1835 Faith Place Longmont, CO 80501 JANUARY 13, 1997 Prepared By: Pickett Engineering Company 822 710 Street, Suite 210 Greeley, Co 80631 (970) 356-6362 EXHIBIT 5 .89 Vista Commercial Center Final PUD Narrative PHASE II The proposed Vista Commercial Center Development is located within Weld County's mixed use development overlay district, therefore, the development of this project has proceeded through the County's PUD approval process. The property in question has previously received approval for change of zone from agricultural to I-1 and C-3 uses. The project has also received review and approval for sketch plan from which the Final PUD plan presented herewith has been derived. Vista Commercial Center will ultimately consist of 144.9 acres, more or less, being bound by Weld County Roads 3 and 5 on the west and east, respectively and State Highway 119 to the north. The southern boundary of the property is bounded by a private farm and the City of Longmont landfill (inactive). In addition, along the eastern border is the Baldridge PUD, a trucking maintenance and transfer facility, and the City of Longmont's composting facility. The PUD is intended to promote harmonious and beneficial land uses within the State Highway 119 corridor and this proposal is compatible with the goals and policies of the Weld County MUD. The land uses for this property concur with the Weld County Comprehensive Plan and the uses proposed are, for the foreseeable future, the highest and best use of the property. This PUD is being presented in two phases, with the second phase being contemplated with this submitted package. The first Phase has been submitted and is currently under review. Phase II extends from Weld County Road 3 east to approximately Weld County Road 3 1/2 and consists of 68.67 acres and will develop 40 lots which range in size from 1.0 acre to slightly over 1.8 acres. Again, the uses will be light industrial and highway commercial uses. This PUD is also being developed with the understanding that each lot developer will be required to submit to Weld County for specific site plan approval. Access/Road System The Vista Commercial Center will be accessed from State Highway 119. Primary access for Phase I and Phase II will be at Weld County Road 3 1/2, with the second access at Weld County Road 5 and the third at Weld County Road 3. Once Phase H is developed, Weld County Road 3 will be constructed to current Weld County standards. Weld County Road 3 improvement plans, which includes accel and decel lanes for east bound traffic on SH 119 and left turn lane improvements in the median for west bound traffic, will be completed and approved when Phase II is developed. The site will extend Weld County Road 3 approximately 1/4 mile. The internal streets will be connected by two roads which will be constructed to Weld County Road standards for collector streets and will be dedicated to Weld County for maintenance following construction and acceptance by Weld County. The road system has been designed based upon a traffic impact study prepared by Eugene G. Coppola, P.E., dated June 7, 1996 and a copy can be found in Attachment "A". Additionally, the pavement recommendations and pavement design concur with Geotechnical report prepared by Terracon Consultants Western, Inc. dated 970890 December 22, 1995 and updated according to a letter from Terracon, dated August 14, 1996. These are found in Attachment "B". Plans that reflect the details about improvements to State Highway 119 will be forwarded directly to Tess Jones at Colorado Dept. of Transportation, under separate cover. Common Open Space The Vista Commercial Center proposes to provide approximately 9.13 acres of common open space for Phase I and 7.72 acres of common open space for Phase II for a total of 16.85 acres of common open space. Please refer to Attachment "C" which provides a colorful, visual picture of the project, including the common open spaces and the landscaping of the proposed design and look. This information was prepared by Dennis Hinrichs, of Blue Heron Development, LLC. The primary location of the common open space is located along Highway 119. The PUD is going to utilize the first 100 feet adjoining the right-of-way line to provide storm water detention and a buffer between the highway and the proposed development. Along the southern edge of the 100 foot open space along State Highway 119 there will be a 2 to 4 foot high landscape buffer installed. The purpose of this buffer is to provide visual separation between motorist on State Highway 119 and parking areas adjacent to the buildings that abut State Highway 119. This will not only benefit the community as a whole, by separating the highway from the commercial and industrial use, it will also benefit the owners of PUD separating the traffic and reducing the noise level for the users and occupants of the property. In addition to the space along State Highway 119, there will be a park at the end of Weld County Road 3 1/2, in the center of the development along the southern property line and linear green belts that connect the north and south parcels. This park area will contain a pond that will also function as an irrigation storage area. It is planned that all the common open space within the development will be irrigated by existing ditch water. This water, as indicated, will be collected in the pond and will be pumped via a pipe system to the common open spaces. A Property Owner's Association will be established for the perpetual maintenance of all common areas. This is denoted in the attached Covenants, Conditions and Restrictions, and in the Design Guidelines. These are noted as Exhibits "F" and "P", respectively. Storm Water Drainage In the Sketch Plan, the concept for storm water detention and controlled release of runoff was to put the burden on the individual lot owners. The current proposal is the overall development will provide detention facilities and control the released runoff from the fully developed site by providing the detention ponds along State Highway 119. These ponds will be developed to handle the ultimate build -out capacity and to release the water at a rate that meets or exceeds the criteria set by Weld County and Colorado Department of Transportation. Design specifics, calculations and results are presented in the Drainage Report for Vista Commercial Center, Phase I, dated January 9, 1997, prepared by Pickett Engineering Company. This report can be found in Attachment "D". Please refer to adenda No. 1 of the drainage report stating that Phase I and III drainage report is contained within Phase I drainage report. 970890 Utilities Within Vista Commercial Center, the utilities are provided by existing companies who serve the area. All have committed to providing service for this development. Domestic and fire protection water will be provided by Left Hand Water District. Sanitary sewer service will be provided by St. Vrain Sanitation and Sewer District. Gas service will be provided by Public Service Company. Electrical power will be provided by United Power Company. Telephone service will be provided by US West. Letters supporting that these utilities will provide service have previously been submitted and are on record at Pickett Engineering Company. Financing The project owners have determined the method of financing of this project will be through guaranteed line of credit from a conventional lending institution. Improvement Agreements There are two Improvement Agreements contained in this submittal. The first Improvement Agreement deals with improvements within the property, some of which are dedicated to Weld County. This utilizes the public improvement form and can be found in Exhibit "G". The second Improvement Agreement is an agreement to provide improvements to the off -site areas, specifically improvements to State Highway 119. This Improvements Agreement can be found in Exhibit "I". Construction Schedule Construction schedule will be dependent upon the approval plan. The owners and developers propose to begin construction after sufficient buildout of Phase I warrents expansion to Phase II. A more detailed construction schedule is provided in Exhibit "J". Other Issues In addition to the specific information outlined above, this submittal package also includes the following exhibits and information: Exhibit "A" -- Plan Application Exhibit "B" -- Title Policy Exhibit "C" -- Deed for Property Exhibit "D" -- Has been excluded. It was reserved for evidence of taxes being paid. That evidence is provided in the Title Policy. Exhibit "E" -- Engineer's Certificate regarding design of the utilities. Exhibit "H" -- Copy of the requested Right -of -Way Access Permit. Exhibit "K" -- Copy of letter to Oligarchy Ditch Exhibit "L" -- Copy of FIRM map Panel Exhibit "M" -- Affidavit of Interest and Property Owners within 500 feet Exhibit "N" -- Affidavit of Interest of Owners of Mineral Estates on the property Exhibit "O" -- Copy of letter to Patina Oil and Gas Corporation Exhibit "Q" -- Copy of letters from utility companies. 970890 DATE RECEIVED FROM i Llc�t� En. 1a.5c) ❑ CASH CHECK NO: Ouniunatt WHITE -CUSTOMER CANARY-FINANCECOPY BY WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 1400 N. 17TH AVENUE GREELEY, CO 80631 (970) 353.6100 EXT. 3540 • FAX (970) 352-631219 G 17 RECEIPT N0: 00551 ne e_ r i oto CO r TOTAL 970890 EXHIBIT "A" JAN DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado 80631 Phone: (970)353-6100, Ext. 3540, Fax: (970) 352-6312 PLANNED UNIT DEVELOPMENT PLAN APPLICATION -FOR PLANNING DEPARTMENT USE ONLY: Case Number Zoning District Date Application Fee: (% Receipt Number ;7E. 3 1 Application Checked By: Planner Assigned to Case: BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission and the Board of County Commissioners conceming proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: - see Legal - - (If additional space is required, attach an additional sheet of this same size.) 3 0 8 0 0 0 0 4 1 (12 digit number found on Tax I.D. Information or obtained in PARCEL NUMBER: 1 3 1 the Assessor's Office. NAMEOFPROPOSED PUDSUBDIVISION V EXISTING ZONING I-1 & C-3 TOTAL AREA (ACRES) WAGER: NAME UTILITIES: DISTRICTS: SEWER: NAME GAS: NAME PHONE: NAME ELECTRIC: NAME SCHOOL: NAME FIRE: NAME ista Business Park NO. OF PROPOSED LOTS 4U LOT SIZE: AVERAGE 1.40 Ac. MINIMUM left Hand Water nistrir St. Vramn Sanitation istrict Public Service Company HS West United Power Company St Vrain School Ilistrirt Mountain View Fire Protection DESIGNER'S NAME ADDRESS ENGINEERS NAME Picket qq pp ,y ADDR SS 822 7thSt.,Sn te 210, Greeleyn LU 80631 SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR NAME: Horizon Investments LLC ADDRESS: 1835 Faith Place Longmont Cl) 80501 NAME: Russell StaCev (Managing Partner) ADDRESS: APPLICANT OR AUTHORIZED AGENT (if different than above): NAME: ADDRESS: OWNER(S) AND LESSEES. OF MINERAL RIGHTS ON OR RECORD IN THE WELD COUNTY ASSESSOR'S OFFICE: NAME: ADDRESS: NAME: ADDRESS: 1.0 Ac. PHONE PHONE PHONE PHONE 970/356-E362 PUD REZONING: HOME TELEPHONE: 303/776-2929 BUS.TELEPHONE: 303/776-3200 HOME TELEPHONE: BUS.TELEPHONE: HOME TELEPHONE: BUS.TELEPHONE: UNDER THE SUBJECT PROPERTIES OF Revised: 3-28-96 25 970890 EXHIBIT "B" OWNER POLICY NO. 06-0029-106-324 SCHEDULE A Amount of Insurance: $1,086,874.74 1. Name of Insured: HORIZON INVESTMENTS, LLC Date of Policy: JULY 20, 1995 7:00 A. M. RE: Our Order No.: C0335S6A 2. The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in the insured. 4. The land described herein is encumbered by the mortgages or trust deeds, if any, shown in Schedule B hereof. 5. The land referred to in this policy is described as follows: "SEE SCHEDULE A CONTINUED" This Policy valid only if Schedule B is attached. - 1 - 970890 OWNER POLICY NO. 06-0029-106-324 SC.DULE A "CONTINUED" PARCEL 1: A tract of land located in parts of Sections 5 and 8, Township 2 North of Range 68 West of the 6th P.M., Weld County, Colorado, and being more particularly described as follows: Beginning at a point on the West line of the NW1/4 of said Section 8 from which the NW corner of said Section 8 bears North 00°38'22" West a distance of 139.70 feet, said point being on the South lire of State Highway 119; thence along said South line of said highway North 88°15'44" East a distance of 2566.15 feet; thence South 01°19'44" West and leaving said highway a distance of 20.06 feet to the N1/4 corner of said section 8; thence South 00°24'42" West a distance of 1323.39 feet to a point on the South line of the N1/2 of the N1/2 of said Section 8; thence along said South line North 88°20'51" West a distance of 2642.81 feet to a point on the West line of said Section 8; thence North 00°38'22" West a distance of 1186.42 feet to the point of beginning. PARCEL 2: A tract of land located in part of the S1/2 of Section 5 and the Nl/2 of Section 8, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado; more particularly described as follows: Commencing at the Northwest corner of Section 8 and considering the North line of the NWl/4 of Section a to bear South 8818'18" East with all other bearings relative thereto; thence South 00°38'22" East, 139.70 feet along the West line of said NW1/4 of Section 8 to the South Right-of-way line of Colorado State Highway 119; thence continuing along said South Right -of -Way North 88°15'44" East, 2666.15 feet to a ^Dint in Section 5 from whence the N1/4 corner of Section 8 bears South 01°19'44" West at a distance of 20.06 feet, and the True Point of Beginning; thence continuing through Section 5, North 88°17'55" East, 857.51 feet to a curve; thence along a curve to the right whose central angle _.. is 08°54'28", radius is 5630.00 feet and whose long chord bears South _87°14'51" East, 874.41 feet; thence South 80°55'12" East, 263.40 feet to a point of departure from the South Right -of -Way of Colorado State Highway 119 and the Northwest corner of a parcel ascribed in Weld County Records under Book 1163 as Reception No. 2107318; thence South 09°04'48" West, 89.04 feet across the North line of Section 8 to a curve; thence along a carve to the left whose central angle is 11°09'30", radius is 360.00 feet and whose long chord bears South 39°55'04" East, 70.00 feet; thence South 34°20'19" East, 240.00 feet to a curve; thence along a curve to the left whose central ogle is 55 15'00", radius is 220.00 feet and whose long chord bears South 61 57'49" East, 204.02 feet; thence South 89°35'19" East, 250.00 feet to the Southeast corner of a parcel described in Weld County Records under Book 1153 as Deception Nc. 2107318; thence North 00°24'41" East, 353.24 feet to the South Right -of -Way of Colorado State Highwa 119; thence along a noncontinuous curve to the left whose central angle is 00 27'45", radius is 5603.23 feet and whose long chord bears South 95°01'21" East, 45.22 feet to another curve; thence along another noncontinuous curve to the left whose central angle is 0.°01'30" radius is 34,377.47 feet and whose long chord bears soul: 85°13'46" East, 14.97 feet to the East line of Section 8 fromwhence the Northeast CONTI:NT:ED NEXT PAGE 970890 SC:CT:LE A CONTINUED PAGE TWO 06-0029-106-324 corner of said section bears North 00°24'41" East, a distance of 31.50 feet; thence along the East line of said Section 8, South 00°24'41" West 408.50 feet to a point described as the Northeast corner of a parcel in Weld County Records, Book 1258, Reception No. 2207878; thence along the North line of said described parcel North 89°35'19" West, 320.00 feet to a curve; thence along a curve to the left whose central angle is 20°00'00", radius is 220.00 feet and whose long chord bears South 80°24'41" West, 76.40 feet; thence South 70°24'41" West, 177.75 feet; thence South 00°24'41" West, 784.67 feet to the South line of the N1/2 of the NI/2 of Section 8 and the SW corner of parcel described in Weld County Records under Book 1258, Reception No. 2207878; thence along said N1/2 of the N1/2, North 88°09'42" West, 2099.14 feet to the SW corner of the NWI/4 of the NE1/4 of Section 8; thence North 00°24'42" East, 1323.39 feet to the N1/4 corner of Section 8; thence North 01°19'44" East, 20.06 feet, more or less, to the True Point of Beginning; Excepting therefrom that portion dedicated as a Public Highway by Resolution and Deed of Dedication recorded October 3, 1990 in Book 1278 as Reception No. 2229151 described as follows: Commencing at the NE corner of said NE1/4; thence along said East line, South 01°35'58" East, 31.50 feet to a point on the South Right -of -Way line of State Highway 119, soaid Point being the POINT OF BEGINNING; thence along said East line South 01 35'58" East, 408.50 feet; thence, South 88°24'03" West, 60.00 feet; thence North 01°35'57" West, 413.25 feet to a point on said South Richt-of-Way line of State Highway 119 and on a curve concave to the North having a central angle of 00°27'45", a radius of 5603.23 feet and the chord of which bears South 87°01'21" East, 45.22 feet; thence along said South Right -of -Way line and the arc of said curve, 45.22 feet to a point on a curve concave to the South having a central angle of 00° °01'30", a radius of 34,377.47 feet and the chord of which bears South 8714'24" East, 14.97 feet; thence along the arc of said curve 14.97 feet to the Point of Beginning. 970890 OWNER POLICY NO, 06-0029-106-324 SCHEDULE B This policy does not insure against loss or damage by reason of the following exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes and assessments which are a lien or due and payable; and any tax, special assessments, charges or lien imposed for water or sewer service, or for any other special taxing district, any unredeemed tax sales. 6. Taxes for the year 1995, a lien, but not yet due and payable. 7. Reservation as contained in Patent recorded MARCH 21, 1885 in BOOK 34 at PAGE 118, said reservation being as follows: Right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises. (Parcels 1 & 2) 8. Right-of-way easement and Agreement for ELECTRICAL FACILITY purposes as granted to UNION RURAL ELECTRIC ASSOCIATION, INC. by instrument recorded MAY 4, 1970 in BOOK 625 AS RECEPTION NO. 1546573, said right-of-way easement being THE NORTH EDGE OF T$ PARCELS SITUATE SOUTH OF THE NEW STATE HIGHWAY NO. 119 -FEDERAL AID PROJECT NO. S 0119(15) SITUATE ON THE NORTE EDGE OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 68 WEST AND ON THE SOUTH EDGE OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 68 WEST OF TEE 6TH P.M. ALSO THE WEST EDGE OF THE NW1/4 OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 58 WEST OF THE 6TH_P.M. (Parcels 1 & 2) 9. Oil and Gas Lease from C.P. RICHARDSON, LEO F. KNAGO AND BETTY JO SECOR to BUDDY BAKER, recorded MAY 29, 1980 in BOOK 904 as RECEPTION NO. 1826006; AMENDMENT RECORDED SEPTEMBER 17, 1984 IN BOOK 1043 AS RECEPTION NO. 1981953; CORRECTION OF DESCRIPTION IN LEASE RECORDED SEPTEMBER 17, 1984 IN BOOK 1043 AS RECEPTION NO. 1981954 AND RECORDED SEPTEMBER 14, 1984 IN BOOK 1043 AS RECEPTION NO. 1981769; AFFIDAVIT OF PRODUCTION RECORDED OCTOBER 3, 1985 IN BOCK 1086 AS RECEPTION NO. 2027311, and any interests therein, assignments, or conveyances thereof. (Parcel 2) 10. Subject to conditions as contained on Richardson P.U.D. Zone Change plat recorded June 18, 1992 in Book 1340 as Reception No. 2292346. (Parcels 1 & 2) CONTINUED NEXT PAGE 970890 SCHEDULE B CONTINUED C033556A — 11. Notice of Oil and Gas Lease from GREAT WESTERN SUGAR COMPANY to CALVIN PETROLEUM CORPORATION, recorded MAY 31, 1984 in BOOK 1032 as RECEPTION NO. 1968738, and any interests therein, assignments or conveyances thereof. Said Lease extended by AFFIDAVIT OF PRODUCTION recorded OCTOBER 24, 1984 in BOOK 1047 as RECEPTION NO. 1986140; and AFFIDAVIT recorded OCTOBER 3, 1985 in BOOK 1086 as RECEPTION NO. 2027311. (Parcel 1) 12. Right of way Easement for UTILITY LINE purposes as reserved by DONALD W. BALDRIDGE AND ADELE A BALDRIDGE in instrument recorded JULY 20, 1987 in BOOK 1163 AS RECEPTION NO. 2107570, said easement being a non-exclusive right of way and easement for ingress and egress and roadway purposes and the installation and maintenance of utility lines over and across the East 60 feet of the North 350 feet of the above described premises. (Parcel 2) 13. Right-of-way easement and Agreement for ELECTRIC FACILITIES purposes as granted to UNITED POWER, INC. by instrument recorded MAY 11, 1990 in. BOOK 1263 AS RECEPTION NO. 2213480, said right-of-way easement being a right of way easement 10 feet in width on, over, under and across a part of the N1/2 of the NE1/4 of Section 8, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado, said right-of-way and easement being described as follows: Beginning at the NE corner said N1/2 of the NE1/4; thence South 00°24'41" West along the East line said N1/2 of the NE1/4 a distance of 440.00 feet to the NE corner of a parcel of land described in Book 1258, Reception No. 2207878, Weld County Records, thence North 89°35'19" West along the North line said parcel a distance of 60.00 feet to the True Point of Beginning; thence continuing North 89°35'19" West along said North line a distance of 10.00 feet; thence North 00°24'41" East parallel with the East line N1/2 of the NE1/4 said Section 8 a distance of 60.00 fee_'; thence South 89°35'19" East, parallel with the North line said parcel of landdescribed in Book 1258, Reception No. 2207878 a distance of 10.00 feet; thence South 00°24'41" West parallel with the East line N1/2 of the NE1/4 said Section 8 a distance of 60.00 feet to the True Point of Beginning. (Parcel 2) -- 14. Possible richt of way for ditch as now located through subject property. 15. Twenty foot easement along a portion of Northerly line of subject property as shown on Baldridge/Richardson P.U.D. Map recorded December 4, 1987 in Bock 1179 as Reception No. 2123596. 16. Each and every right of access to and from State Highway No. 119, said access rights having been conveyed to the State Department of Highways by Deed recorded FEBRUARY 28, 1972 in BOCK 662 AS RECEPTION NO. 1584447. (Parcels 1 & 2) 17. Deed of Trust from HORIZON INVESTMENTS, LLC (COLOPADO LIMITED LIABILITY COMPANY) to the Public Trustee of Weld County for the use of THE FIRST NATIONAL BANK OF LONGM.CNT, TRUSTEE FOR THE JACK WILBUR RICHARDSON TRUST, BY INSTRUMENT DATED MAY 6, 1992, AS TO AN UNDIVIDED 50% INTEREST, AND THE SANDRA. MAY SAUNDERS TRUST, BY INSTRUMENT DATED MAY 6, 1992, AS TO AN UNDIVIDED 50% INTEREST, to secure the face amount of 5500,700.00 dated JULY 17, 1995 and recorded JULY 19, 1995 in BOOK 1502 as RECEPTION NC. 2447117. CONTINUED NEXT PAGE - 3 - 970890 SCHEDULE B CONTINUED Countersigned by as Authorized Signatory 9'708sa SCS✓^'DL'LE A 2447115 8-15O2 P-153 O7/19/95 11:35A PG 2 OF 3 PARCZL 1: AN a Nstr =zn 853/4 ^i:—e=5= iN AND TO T = FCLLOWINC 2`S-Z3w PR0Pr: A tract of Lac? Located in carts of Sections 5 and 8, Township 2 Nord_ of aance 53 West of the 6th P.M., Weld County, Colorado, and being core tart:c-_'arLv descried is follows: se-'^tat a ;tint on the Wes: Line of the r.;_ - of said Se^"m- nom whit_ the :rr r ^_ said Se ^- 3 'cears Ncr_n 00`18'22" West a distance of 119.70 feet, said point being cm the South line ofState ciichiav 113; thence alone said South Line of said highway uorth 8815'44" East a distant: of 2666.15 feet; thence South 01019'44' west and leaving said highway a dis-aance of 20.06 feet to the 311/4 corner of said sedan 3; thence South 00 24' 42"; crest a distance of 1323.39 fee: to a point on the South Line c.; the N1/2 of he N1/2 of said Section 8; thence along said South_ __-e North 38'20':1" West a distance odf 2542.31 feet to a point on the West ___e of said Section 3; thence North 00 18'22' West a distance of1130.42 feet to the point of be=r_ng. together with An undivided 85% interest in and to the following: all ditch and water rights appertaining thereto, including but not necessarily limited to: 4 a 94O/2000tzs shares of the capital stock of the Oligarchy Extension Ditch Cc.; 2 & 99/1OOths shares of the capital stock of the Oligarchy Irrigation Co.; 2-1/2 shares of the capital stock of the Lower Oligarchy Ditch Co.; one Left Hand Water District domestic :rater tap located at 1373 Hwy. 119, Longmont, Colorado; 75 acre foot units as allotted to said premises by the Northern Colorado Water Conservancy District; and PARC=L 2: A tract of land located __ part of the: 51/2 of Section 5 and the N:/2 of Section 3, Township 2 North. Range 68 West o₹ the 6th P.M., Weld County, r^'^ -ado; more partir_Larly described as follows: DEED Commenting at the Northwest corner of Section 8 and considering the North line of the N-.61/4 of Section 3 to bear Sou':'_ 33013, 13" Fast with all ocher hearings -_:at:._ .._.____., thence South 0C-13'22" last, 131.7C feet along the est ls_ of sa.t :/4 of l SaCtich 3 to the South Right -of -Way Line of Colorado"State .._=sway _19: thence-_..__n__ng along said South Right -of -Way North 33 15'44' :last 2544.15 ^a __ _-. Section 5 from whence the N1/4 cornet of Secton 3 bears Scut.. 01-L9'44" Wes: at a distance c`_ 20.06 fee ^and tree Point of __-_ _.__c, _he. _e con -_.__g through Section 5, North 88 :7'55' Rost, 357.5_ t___ ec-a =rye; t._..__ al:no a curie co the r:= -t whose cen::al angle ^_3 �Z3". SS30^00 feet .Lid whose So..:..9:" Long _._r_ hear, So:.. ?iJ 3_ _. East. 37:.4_ feet; t:__e� S.euth 905: __ East. 261.40 fee: to a pc:ht =t tar____' _ : e Scut_ R: -.:ht -_f -Way C=- --a?o State . r =s: -e ethe__ :;erthwestc. : _- a ca__e_ ____t ed _ We__ _ 7 ___.. "99 as ? ' .. Sc -_071_3: t.._n__ Scuut 09-:44:9c nest, 3;.-. feet cenzra a =_. :5 1_009 30' radii_. is J5.. 00 fee: act ..... :cc; c a Scuth J9-55 04" Fast. 70. ,. thence ::1ac:. Fos:. _41 feet cc a c__,.. :-_r__ a... = al -__ _ __ :he Left whose C_..::a. ar.Cle _0 53-L1 33', .-a::__3 if :::.CC fte- a.'.'] :.,se _c-- :n___ b., :s Sc::_5:::57.4p lash. :]4.02 ''_=_: South. 893_ _: East. :5:._- feet to :re 5.:__:east 97089( 2447115 B-1502 P-153 07/19/95 11:35A PG 3 OF 3 corner of a parcel described is Wald C8uaty Records under Book 1163 as Reception No. 2107318; thence North 00 24'41" East, 353.24 feet to the South Right -of -Way of Colorado State Highway 119; thence along a noncontinuous curve to the left whose _____al angle is CO27'45", radius is 5603.23 feet and whose Long chord bears South 95° 01'210 East, 45.22 feet to another crre; thence alonc another ncncont:nuous curve to :he Left whose central angle is 0O°01'30". radius :s 34,377.47 feet and whose long chord bears south 85°13'46" Last. 14.97 fee: to the East line of Section 8 from whence the Northeast corner of said section bears North 00°;4'41" East, a distance of 31.50 feet; theace along the East Line of said Section 8, South 00°24'41^ west 408.50 feet to a poi= described as the Northeast corner of a parcel in Weld County Records, 3ook 1258, Recension No. 2207878; thence along the North line of said described parcel North 89°15'19" West, 320.00 feet to a curve; thence along a curve to the left whose central angle is 20°00'00", radius is 220.00 feet and whose long chord *tsars South 80°24'41" West, 76.40 feet; thence South O 7024.4l" West. _'7.75 feet; thence South 00°24'41^ West, 784.57 feet to the South 1.ne of the N1/2 of the N1/2 of Section 8 and the SW corner of parcel described.n Weld County Records under 3cok ':sa, Reception No. 2207378; thence along said N1/2 of the N1/2, North 88309'42" West, 2099.L4 feet to the SW corner of the NW1/4 of the NE1/4 of Section 8; thence North 00°24'42" East, 1323.39 feet to the Y1/4 corner of Section 8; thence North 01°19'44^ East, 20.06 feet, more or less, co the 7rue Point of 3egianing; .h--". _ _ Highway c:ccet c.. c _ that Cedi._ated as a 2'..._ Ci` Ewa by Resolution and Deed of Dedication -" rded Cctob.r 3. 1990 in Sock 1278 as Re^ -^^`^n No. ^""0' c' ^scribed as ___Lows: Commencing at the NE corner of said N7.1/4; thence along said East line, South 01°35'53" East, 11.50 feet co a :mint or. the South Right -of -Way li=e of State Highway 119. said ?oi.c being the POINT CF SEG:Mr-NG: thence alcx said East line South 01°35'58" East, y 408.50 feet; thence, South 88°24'03' West. 60.00 feet thence North 01°15'57" West, 413.25 feet to a point on said South Right-cf -Way line of State Highway 112 and on a curve concave to the North having a central angle of 0C°27'45", a radius of 5603.23 feet and the chord of which bears South 87°01'21" East, 45.22 feet; thence along said South Richt-of-Way line and the arc of said curve, 45.22 feet co a point on a curve concave to the South having a central angle of 00° °01'30", a radius of 34,377.47 feet and the chord of which bears South 8714'24" East, 14.97 feet; thence along the arc of said curve 14.97 feet to the Point of 3egig. together with 100% of all ditch and water rights appertaining thereto, including but not necessarily limited to: 1 & 994/2000ths shares of the capital stock of the Oligarchy Irrigation. Co.; 1 & 960/2000ths shares of the capital stock of the Oligarchy Irrigation Co.; 2 & 479/2000ths shares of the capital stock of the Oligarchy Extension Ditch Co.; 2 & 479/2000ths shares of the capital stock of the Oligarchy Extension Ditch Co.; 2-1/2 shares of the capital stock of the Lower Oligarchy Ditch Co.; 28 acre foot units as allotted to said premises by the Northern Colorado water Conservancy District; 970890 SCHEDULE A PARCSL 3: An undivided 15% interest in and to the following described property: A tract of land located in parts of Sections 5 and 8, Township 2 North of Range 68 West of the 6th P.M., Weld County, Colorado, and being more particularly described as follows: Beginning at a point on the West line of the NW1/4 of said Section 8 from which the NW corner of said Section 8 hears North 00038'22" West a distance of 139.70 feet, said point being on the South line of State Highway 119; thence along said South line of said highway North 88°15'44" East a distance of 2666.15 feet; thence South 01°19'44' West and leaving said highway a distance of 20.06 feet to the N1/4 corner of said. section 8; thence South 00 24'42" West a distance of 1323.39 feet to a point on the South line of the N1/2 of the N1/2 of said Section 8; thence along said South line North 88o20'51" West a distance og 2642.81 feet to a point on the west line of said Section 8; thence North Or 38'22" West a distance of 1196.42 feet to the point of beginning. an undivided 15% interest in and to together with/ all ditch and water rights appertaining thereto, inc_adiog but rct necessarily limited to: 4 & 94C/2000ths shares o₹ the capital stock of the Oligarchy Extension Ditch Co.; 2 & 99/100ths shares of the capital stock of the Oligarchy Irrigation Co.; 2-1/2 shares of the capital stock of the Lower Oligarchy Ditch Co.; cue Left Brand Water District domestic water tap located at tan 3 Hsv. 119, LcrgaOnt, Colorado; 75 acts foot units as allotted to said pre i=as by the Northern Colorado Water Conservancy District; 2447116 B-1502 P-154 07/19/95 11:36A PG 2 OF 2 970890 EXHIBIT "E" ENGINEER'S CERTIFICATE I, Kris A. Pickett, being a duly Registered Engineer in the state of Colorado, do hereby certify that the design of the utilities was performed by me, or under my direct supervision, for the Vista Commercial Center, and performed on behalf of Horizonw ue6ttteipt,,,LLC. tit?' a In 27783 'r 65 970890 VISTA COMMERCIAL CENTER EXHIBIT "T" DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS �. tt 1. DECLARATION: This declaration is made on this / day of 1996, by HORIZION INVESTMENTS, LLC, a Colorado LIMITED LIABILTY CO ANY, ANY, 1835 Faith Place, Longmont, Colorado, 80501, hereinafter referred to as "DECLARANT". 2. RECITALS AND PURPOSE: The Declarant is the present owner of the real property in Weld County, Colorado, described as Vista Commercial Center, located in the south half of Sections 5 and 8, Township 2 North, Range 68 West, and a portion located in the north one half of the Section 8 Township 2 North, Range 68 West of the PM which is hereinafter referred to as "Property". Declarant desires to subject this Property to certain covenants, conditions and restrictions to insure the proper use, appropriate improvements and quality of maintenance of lands within the Property. 3. DEFINITIONS: 3.1 "Architectural Control Committee" or "Committee" or "ACC" refers to the committee provided for in this Declaration. The ACC shall consist of three members, all of whom shall be appointed by the Declarant until the twentieth anniversary of the recording of this Declaration or until Declarant relinquishes the right to appoint ACC members by written relinquishment recorded in the Weld County Records. 3.2 "Association" shall mean the organization (whether a Limited Liability Company, Corporation, or Un-Incorporated Association) which may be formed under this Declaration, and the successors and assigns thereof. 3.3 "Building" means any structure intended for use and occupancy by owners and permittees that is constructed, erected, or placed on any lot. 3.4 "Declaration" means this Declaration of covenants, conditions and restrictions, including all amendments and /or supplements hereto recorded in the offices of the Clerk and Recorder of Weld County, Colorado. 3.5 "Improvement" includes but shall not be limited to all structures and improvements of every type and kind including buildings, parking areas, parking structures, drive ways, loading areas, signs, utilities, fences, walls, lawns, landscaping, antennas, satellite dishes, grading changes, recreational facilities, exterior lighting facilities, electrical transformers, water ways, holding ponds, and any other physical structures or changes of any type or kind to or upon any land within the Property. "Improvement" includes both original improvements and all later changes and improvements. "Common Improvements" includes any improvements, including the land on which they are located, which are for the cotninon use and enjoyment of all of the Property or specifically identified portions of the Property. 3.6 "Lot" and "Outlot" refers to any parcel on the Property designated as such on the recorded plat. 3.7 "Owner" means the recorded owner, whether one or more persons or entities, of fee simple title of any lot or parcel which is part of the property, including contract sellers, ( but excluding those having such interest merely as security for the performance of an obligation, unless and until such party has acquired title pursuant to foreclosure or any applicable procedure in lieu of foreclosure) provided, however, that any Owner may, by written notice to Declarant, assign all or part of his rights, but not his duties, hereunder to such Owners' designated Permittee. 3.8 "Pennittee" shall mean and refer to all tenants and occupants of lots, customers, visitors, guest, invitees, licenses and subtenants thereof. 3.9 "Person" shall mean an individual, corporation, partnership, limited liability company, combination, association, trustee of any natural person or legal entity. 3,10 "Record", "Recorded" of "Recording" shall interchangeably mean the filing for public record of any document in the office of the Clerk and Recorder of Weld County, Colorado. 4. ASSOCIATION: 4.1 FORMATION: The developer may, but shall not be obligated to, form an Association for the purpose of owning, maintaining, improving and /or otherwise dealing with the common improvements which the Association has the right under this Declaration or otherwise to maintain. The Association, if fonned, shall also have all enforcement rights retained by the Declarant and /or held by each Owner with rupa.t to enforcing the provisions of the covenants, design guidelines and /or rules and regulations. 4.2 FORMATION BY OWNERS: Provided first the 20 years have elapsed from the recording of this Declaration, a majority of Owners may, but shall not be obligated to, form an Association which shall have all of the rights granted to a developer formed Association pursuant to preceding paragraph. 4.3 MEMBERSHIP: If an Association is formed, all of the Owners shall, by taking title to their property, become and remain members of the Association. Membership shall run with the land and may not be rejected. 970890 EXHIBIT CO 5. PERMITTED USES AND RESTRICTED USES: 5.1 PERMITTED USES -GENERAL: Lots shall be utilized only for such uses as are allowed under the applicable zoning ordinances of Weld County, Colorado. which uses may be further restricted by amendment to this Declaration. No rezoning of any lot shall be allowed prior to the twentieth anniversary of the recording of these Covenants without the prior written discretionary consent of the Declarant. All buildings, improvements and uses shall confonn to this Declaration, the Design Guidelines and the Rules and Regulations. 5.2 ACC APPROVAL/DESIGN GUIDELINES: All buildings and other improvements including landscaping on any lot or other improvements of any lot or other parcel within the Property shall be made only after written ACC approval, shall be in accordance with the Design Guidelines adopted by the ACC and amended, from time to time, thereafter, and shall conform to the ACC approved plans and specifications. The ACC may use outside consultants for review of the any request or portion thereof if the ACC so chooses and any and all expense incurred by such review will be borne in full by the applicant 5.3 RULES, REGULATIONS AND ASSESSMENTS: Rules and Regulations concerning and governing use of the Property and the lots may be adopted, amended and repealed, from time to time by the ACC. The ACC shall also have the right and authority to establish reasonable assessments to pay the cost of maintenance, repair and replacement, of landscaping on road rights -of -way and on the portion of lots adjacent to road rights -of -way; of signagc identifying the Property; and of other improvements for the benefit of the Property. Assessments must be made according to the prorata share of the square footage of each Owner's lot as it bears to the total square footage of the Property. Each owner, by acceptance of a deed or other instrument of transfer, covenants and agrees to be personally liable for and to pay the assessments attributable to such owner's lot(s) when due and agrees to pay all charges, costs and attorney's fees which may be incurred by the ACC in collecting any delinquent assessments. 5.4 NUISANCES PROHIBITED: No obnoxious, illegal, dangerous or offensive trade, services or activities shall be conducted on a lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the owners of perm ittees of other lots within the Property by reason of unsightliness for the excessive omission of fumes, odors, glare, vibration, gases, radiation, dust, liquid waste, smoke or noise. 5.5 ANTENNAS RESTRICTED: No exterior television, radio or satellite or other communications antennas, dishes or aerials of any type shall be placed, allowed or maintained on any portion of a lot without the prior written approval of the ACC. If the ACC grants such written approval it may require appropriate screenings as it sees fit as a condition of its approval. 5.6 OUTSIDE STORAGE RESTRICTED: No materials, supplies, equipment, finished or semi -finished products or articles of any nature shall be stored or permitted to remain on any lot outside of the buildings without the prior written approval of the ACC. If the ACC grants such written approval and it may require appropriate screening, including, fencing, scrubs, hedges or otter foliage, to effectively screen the view of such storage areas as deemed necessary to keep the Property in a neat and attractive condition. 5.7 SIGNS RESTRICTED: All signs shall conform with the Design Guidelines, if any, adopted by the ACC and all applicable laws and governmental regulations. No signs shall be permitted anywhere within the Property without the written approval of the ACC. 5.8 LOADING/UNLOADING: All vehicles shall be parked within the lot when and at which loading or unloading. No loading dock shall be erected on the side of any building facing a public street or access easement unless approved, in writing, by the ACC. If approval is granted, it may be subject to conditions and appropriate screening. 5.9 ON SITE PARKING: Each owner shall provide adequate on site parking for all of such Owners' Permittees and the location, number and size of parking spaces shall be subject to approval of the ACC. All on site parking, acrecs drives and loading areas shall be paved and graded to assure proper drainage. The ACC shall have the right to require visual screening between the parking lot and other lot, as well as between any parking lot and any public street or access easement. No parking shall be permitted on any public street or access easement except with the prior written approval of the ACC. 5.10 UTILITY CONNECTIONS: All utility lines and connections shall be underground. Transformers and utility meters of any type shall be adequately screened from view and all installations of transformers and /or meters are subject to the prior approval of the ACC. The ACC shall have the right to require the owner to grant an easement for utilities within the set back area of his building and/or other improvements for the benefit of other owners. 5.11 TRASH AND WEEDS: Each Owner shall provide for the prompt collection and removal of trash from such Owner's lot at the Owner's expense. The Owner of any lot shall keep the premises free of trash, refuse, obnoxious wertls, or debris of any kind, whether said lot is improved, vacant or occupied. If owner does not keep his property in a neat and orderly acceptable fashion the ACC after written notice to the owner, may cause such cleanup or other action that the ACC deems appropriate and the owner shall be held responsible for any and all charges and or expenses incurred by the ACC by for the required remedy. 5.12 VEHICLES: Abandoned or inoperable vehicles shall not be stored or parked on a lot. "Abandoned or inoperable vehicle" shall mean any vehicle which has not been driven under its own propulsion for the period described or set forth by Colorado law, or for a period of 970890 one week, whichever period is the shorter. A written notice describing the abandoned or inoperable vehicle and requesting the removal thereof, may be personally severed upon the owner of the vehicle or posted on the vehicle or personally served on the owner of the lot or posted on the lot; and if such vehicle has not been moved within 48 hours thereafter, Declarant or the ACC shall have the right to remove such vehicle without liability to it and the expense thereof shall be charged against the owner of the vehicle. All unsightly or oversized vehicles, snow removal equipment, yard or garden maintenance equipment and other unsightly or over sized equipment and machinery may be required by the ACC to be stored inside the Owner's budding. 5.13 LIGHTING: No light shall be emitted from any lot which is unreasonably bright or causes unreasonable glare and to the extent practicable no lighting shall extend beyond the lot boundaries. All lighting shall conform to the specifications in the Design Guidelines. 5.14 DIVISION OR COMBINING OF LOTS: Except with respect to land owned by Declarant, no lot may be divided, or fractional portion thereof sold or conveyed so as to be held in divided ownership (not including joint ownership), nor may any lot be combined with any other lot, without the prior written discretionary consent of Declarant or ACC. 5.15 REFECTIVE GLASS: No reflective glass windows shall be utilized in any improvements constructed upon the lots without the written approval of the ACC. 6. ENFORCEMENT 6.1 REGULATORY APPROVALS: Each Owner constructing an Improvement shall obtain the ACC's written approval and all necessary zoning approval, building permits and appropriate inspections of completion by the city, county or other appropriate agencies. Any expenses incurred by the ACC and all other expenses incurred in this process shall be entirely borne by the owner and or applicant. 6.2 VARIANCES: The ACC may authorize variances from compliance with any of the provisions of this Declaration or the Design Guidelines, including restrictions upon height, size, floor area or placement of structures, or similar restrictions. Such variances must be evidenced in writing, must be signed by two or more members of the ACC, and shall become effective upon their execution and Recording. If a variance is granted, no violation of the covenants, conditions and restrictions contained in this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration for any purpose except as to the particular property and particular provision hereof covered by the variance, nor shall it affect an any way the Owner's obligation to comply with all governmental laws and regulations affecting use of a lot. 6.3 LIMITATION OF LIABILITY: Neither the Declarant, the Association, the ACC, nor any of the members of the Board or ACC shall be liable in damages or otherwise to anyone submitting plans and specifications for approval or to any Owner by reason of mistake, of judgment, negligence, or nonfeasance, or for any other reason arising out of or in connection with the approval, disapproval or failure to approve any plans and specifications. 6.4 COVENANTS RUN WITH LANDIABATEMENT: The conditions, covenants, restrictions and Declarant and the Owners of every lot. These conditions, covenants, reservations and restrictions condition, covenant, restriction of reservation herein contained shall give to all other Owners the Declarant and the ACC the right to enter upon the portion of the Property wherein said violation or breach exists and to summarily abate and remove, at the expense of the Owner, any structure, thing or condition that may be or exist thereon contrary to this Declaration of the intent and meaning of the provisions hereof. 6.5 VIOLATIONS DEEMED TO CONSTITUTE A NUISANCE: Every violation of this Declaration or any part thereof is hereby declared to be and to constitute a nuisance, and every public or private remedy allowed therefore by law or equity against as Owner or Permitter shall be applicable against every such violation and may be exercised by any other Owner, the Declarant or the ACC. 6.6 ATTORNEYS' FEES AND COST: In any legal or equitable proceeding for the enforcement hereof or to restrain the violation of this Declaration or any provision hereof, or in the event of referral to an attorney of a claimed violation hereunder the prevailing party or parties shall be entitled to recover their reasonable attorneys' fees and costs. All remedies provided herein or at law or in equity shall be cumulative and not exclusive. 6.7 NON -WAIVER: The failure of Declarant, the ACC or any Owner to enforce any of the conditions, covenants, restrictions herein contained shall in no event be deemed to be a waiver of the right to do so for subsequent violations or of the right to enforce any other conditions, covenants, restrictions or reservations, and Declarant, the ACC or any Owner shall not be liable for failure to enforce. 7. TERM, TERMINATION, AMENDMENT AND ASSIGNMENTS: 7.1 TERM: This Declaration, every provision hereof and each and every covenant, condition, restriction and reservation contained herein, shall continue in full force and effect for a period of twenty (20) years from the date of Recording and shall there after be renewed automatically for successive ten (to) year periods unless and until ended or terminated as hereinafter provided. 7.2 TERMINATION AND AMENDMENT: The Declaration or any provision hereof, or any covenant, condition, restriction, or reservation contained herein, may be terminated, extended, modified or amended, as to the whole of the Property or any portion thereof within 970890 the aforesaid twenty year period by Declarant, and after twenty years, by a majority of the Owners. Any such termination, extension, modification or amendment shall be immediately effective upon the recording of a proper instrument in writing, executed and acknowledged by the appropriate party or parties, in the office of the Clerk and Recorder of Weld County, Colorado. 7.3 ASSIGNMENT OF DECLARANT'S RIGHTS AND DUTIES: All or any part of the rights, powers and reservations of Declarant herein contained may be assigned by Declarant, in whole or in part, to any person, corporation or association, including the ACC. Hand when such person, corporation or association consents in writing to accept such assignment, said assignee shall, to the extent of such assignment, assume Declarant's duties hereunder, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. Any such assignment shall be recorded in the Clerk and Recorder's Office of Weld County, Colorado. Upon any such assignment, Declarant shall be relieved from all liabilities, obligations and duties so assigned and assumed. 7.4 NOTICE AND ACCEPTANCE: Every person or entity which now or hereafter owns or acquires and right, title or interest in or to any portion of the property is and shall be conclusively deemed to have consented to every covenant, condition, reservation or restriction contained Ilerein, whether or not any reference to this Declaration is contained in the instrument by which such person or entity acquired an interest. 7.5 SEVERABILITY: All of the conditions, covenants, restrictions and reservations contained in this Declaration shall be construed together, but if it shall at any time be held that any one of said conditions, covenants, restrictions and reservations, or any part thereof, is invalid, or for any reason becomes unenforceable, no other condition, covenant, restriction or reservation or any part thereof shall be thereby affected or impaired. 7.6 OWNER'S LIABILITY SUBSEQUENT TO SALE: Upon sale of a lot, the Owner so selling shall not have any further personal liability for the obligations herein which against the lot sold after the date of the conveyance; provided, however, that nothing herein shall be construed so as to relieve an Owner of any lot from any liabilities or obligations incurred prior to such sale pursuant to this Declaration. 7.7 ARBITRATION: Any dispute arising under this Agreement which cannot be resolved by the parties shall he submitted to arbitration in Longmont, Colorado, by The Judicial Arbitrator Group, Boulder, Colorado if then in existence, and if not, by a board of three persons, one chosen by each party and the third by the two persons previously chosen. The parties agree to abide by the decision of the three -person board. If either party fails to choose a representative within ten days after demand for arbitration, the decision of the person chosen by the other party shall govern. The prevailing party may file such award with the Clerk of the District Court of Weld County who shall enter judgment thereon, and if such award requires the payment of money, execution shall issue on such judgment. 7.8 NOTICES: Any notices required or permitted herein shall be in writing and mailed, postage prepaid, by regular mail, and it is also permissible that such notices may also be mailed, postage prepaid by registered or certified mail, return receipt requested. If intended for a lot Owner I) the notice shall be addressed to the address of the lot, if improved; 2) if the lot is not improved, to the address set forth in the Weld County Treasurer's office; or 3) to the last known address of the Owner. If intended for Declarant, to the address previously set forth herein, as the same changed from time to time or to such other or different address as Declarant may give written notice of. DECLARANT; HORIZON INVESTMENTS, LLC 1835 FAITH PLACE LONGMONT, CO 80501 ATTESTED N. RUSSELL STACEY Stain of Colorado, County of Bonner. se Ott this 9w day of Sgee ntwa. t996, herwe me, Marvin I Ilya, the ala,ve-signed officers, personally appeared LYI E nr.IININIO and N. RUSSEL1. STACEY, who acknowledged themselves to be the Managing Partners of the llorixon Investments, LIE, and that they, as such the me of Ow corporation Partners, stneon being ng•uetveed Managing Fanners. uted cutedthe foregoing iruvumenl for the purposes contained therein , by signing In witness whereof I hereunto set my hand and official seal. 'Notary I'at tic Alv.,.umisciou expitct Immmy 17, 1991. It Irvin L. Dyer 970890 EXHIBIT "G" 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: A part of the South 1/2 of Section 5 and North 1/2 of Section 8, Township 2 North, Range 68 West of the 6th Principal Meridian, Weld County Colorado. WHEREAS, a final subdivision/PUD plat of said property, to be known as Vista Commercial Center has been submitted to the County for approval; and WHEREAS, Section 13 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. The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision to the County for approval prior to the letting of any construction contract. Before acceptance of the roads within the subdivision by the County, Applicant shall furnish one set of reproducible "as -built" drawings and a final statement of construction cost to the County. 2.0 Rights -of -Way and Easements: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire, at its own expense, good and sufficient rights -of - way and easements on all lands and facilities traversed by the proposed improvements. All such rights -of -way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. Page 1 of 15 970890 EXHIBIT "G" 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 material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 The Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said subdivision improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B". The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit `B" upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engage 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 Page 2 of 15 970890 EXHIBIT "G" 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's property. This decision shall by 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 Page 3 of 15 970890 EXHIBIT "G" 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. 6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following procedures by the Applicant, streets within a subdivision may be accepted by the County as a part of the County road system and will be maintained and repaired by the County. 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 developer, inspect the subject streets, notify the developer(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standard, he shall recommend acceptance of streets for full maintenance to the Board. Upon receipt of a positive recommendation from the County Engineer for acceptance of streets within the development, the Board shall accept said streets as public facilities and County property, and shall be responsible for the full maintenance of said streets, including repair. The Board, at the same time, shall release the Warranty Collateral. 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 indicate which of the five types of collateral preferred 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 Page 4 of 15 970890 EXHIBIT "G" 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 is 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 a 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 C 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: 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. 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 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 the date of proposed expiration of the Page 5 of 15 970890 EXHIBIT "G" 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 Latter 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 be 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 Agreement that provides at least the following: 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 be 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. Page 6 of 15 970890 EXHIBIT "G" 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 by 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 through 9.5 shall be noted on the final construction plans. 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 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 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 zoning, 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 8-15-B of the Weld Page 7 of 15 970890 EXHIBIT "G" 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 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 8-15-B. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 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 thy and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board Page 8 of 15 970890 EXHIBIT "G" APPROVED AS TO FORM: County Attorney APPLICANT: BY: SUBSCRIBED AND SWORN to before me this /y day of WITNESS my hand and official seal. My commission expires: Page 9 of 15 Horizon Investments, LC 6-94 yttA, (title) betty wolf! 970890 EXHIBIT "G" EXHIBIT "A" Name of Subdivision: VISTA COMMERCIAL CENTER Filing: Location: S1/2 of S.5 & Nl/2 of S.8, T2N, R68W, 6th PM, Weld County, Colorado South side SH#119 between WCR 3 & WCR 5 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. SITEWORK Quantity Unit Unit Cost Total Earthwork Site prep., clearing, grubbing, 18 Acres $750.00 $13,500.00 soil removal On -site placement, compaction 35000 C.Y. $1.25 $43,750.00 Off -site imported, hauled in, 0 C.Y. $0.00 compaction Off -site disposal 0 C.Y. $0.00 Topsoil (excavate, stockpile, 14500 C.Y. $3.75 $54,375.00 respread) Rock Excavation Rippable rock 0 C.Y. Blasting 0 C.Y. Soil Stabilization 0 S.Y. Sub -total Storm Drainage Erosion control system 68 Acres $1,000 Storm Sewer 18" RCP 24" RCP 30" RCP 36" RCP 42" RCP 48" RCP Drainage Structures Flared end sections Curb Inlet Grated Inlet Manhole Area Inlet Concrete Flume Headwalls Rip Rap other items... Sub -total Landscaping Pathways 1 Lump Sum $40,000 Signs 1 Lump Sum $20,000 Entrance improvements 1 Lump Sum $20,000 70 L.F. $19.00 240 L.F. $25.00 O L.F. $31.00 238 L.F. $39.00 60 L.F. $45.00 64 L.F. $51.00 16 EACH $1,000 0 EACH $2,000 O EACH O EACH $1,200 O EACH 0 S.F. 2 EACH $1,000 800 S.Y. $20.00 $0.00 $0.00 $0.00 $111,625.00 Page 10 of 15 $68,000.00 $1,330.00 $6,000.00 $0.00 $9,282.00 $2,700.00 $3,264.00 $16,000.00 $0.00 50.00 $0.00 $0.00 $0.00 $2,000.00 $16,000.00 $0.00 $124,576.00 $40,000.00 $20,000.00 $20,000.00 970890 EXHIBIT "G" Landscaping - plants, soil prep., 1 Lump Sum $100,000 lawns Sub -total Miscellaneous Retaining Walls 0 Sq. ft. face Slope stabilization 0 C.Y. Pond capping (draining & filling) 0 Lump Sum Demolition 1 Lump Sum 85,000.00 Sub -total SITEWORK TOTAL $100,000.00 UTILITIES Quantity Unit Water extension Water Mains 12" DIP cl. 52 6325 L.F. 6" DIP cl. 52 444 L.F. Backflow Preventor (incl. vault) 1 EACH Fire Hydrant 12 EACH Water services 40 EACH Wet tap ex. 16" with 12" 1 EACH Jack, bore, and case (12" main) 200 L.F. Water Meter 0 EACH Sub -total Sanitary Sewer Sewer Mains 10" PVC-SDR35 0 L.F. 4'-12' deep 8" PVC-SDR35 580 L.F. 4'-12' deep 12'-14' deep 312 L.F. 14'-16' deep 1561 L.F. 16-18' deep 2050 L.F. 4' diameter precast concrete manhole 8180,000.00 $0.00 $0.00 $0.00 $5,000.00 $5,000.00 $421,201.00 Unit Cost Total $ 20.00 $15.00 $3,750 $1,200 $350 $3,500 $185.00 $1,500 $ 15.00 812.00 $13.00 $ 14.00 $16.00 4'-12' deep 3 EACH $900 12'-14' deep 2 EACH $1,000 14'-16' deep 3 EACH $1,100 16-18' deep 6 EACH $1,250 dewatering (allowance) 2800 L.F. $5.00 6" PVC-SDR35 (services) 40 EACH $350.00 Clean outs 0 EACH Grease traps 0 EACH Adjust existing Manholes 2 EACH $500.00 Sub -total Extensions Electric Service 40 EACH $650 Telephone Service 40 EACH $400 Gas Service 40 EACH $450 Electric Transformer 0 Lump Sum $2,000 Sub -total UTILITIES TOTAL PAVING Quantity Unit Unit Cost Page 11 of 15 $126,500.00 86,660.00 $3,750.00 $14,400.00 $14,000.00 $3,500.00 $37,000.00 50.00 $205,810.00 $0.00 $6,960.00 $4,056.00 $21,854.00 $32,800.00 $2,700.00 $2,000.00 $3,300.00 $7,500.00 $14,000.00 $14,000.00 $0.00 $0.00 $1,000.00 $110,170.00 826,000.00 $16,000.00 $18,000.00 $0.00 $60,000.00 $375,980.00 Total 970890 EXHIBIT "G" Paving 8" full depth asphalt 8.5" full depth asphalt 3" asphalt shoulder aggregate shoulder Temporary aggregate drive Sidewalks (5') Curb and gutter Striping & signage Sub -total PAVING TOTAL OFF SITE IMPROVEMENTS State Highway 119 improvements Full depth asphalt saw cut 8.5" asphalt pavement Thermoplastic stripping Earthwork Drainage Traffic control Creek Relocation Traffic signal Demolition and cleaning pipes Sub -total OFF -SITE IMPROVEMENTS TOTAL MISCELLANEOUS Contingencies Testing Staking Contractor Overhead and Profit Permit fees MISCELLANEOUS TOTAL GRAND TOTAL 25900 S.Y. O S.Y. 4200 S.Y. 4200 S.Y. O S.Y. O L.F. O L.F. 1 Lump Sum $ 10.00 $11.00 $5.00 $3.50 $3.50 $ 10.00 $6.50 $ 15,000 $259,000.00 $0.00 821,000.00 $14,700.00 $0.00 80.00 $0.00 $15,000.00 $309,700.00 $309,700.00 2670 L.F. $2.00 $5,340.00 2450 S.Y. $15.00 $36,750.00 3050 L.F. $1.00 83,050.00 2400 C.Y. $5 $12,000.00 1 Lump Sum $5,000 $5,000.00 30 Days $1,500 $45,000.00 O Lump Sum $0.00 O Lump Sum $75,000 $0.00 1 Lump Sum $1,000.00 $1,000.00 $ 108,140.00 5 1.5 2 8 1 Percent Percent Percent Percent Lump Sum $1,215,021 $1,215,021 $1,215,021 $1,215,021 $10,000.00 $108,140.00 $60,751.05 $18,225.32 $24,300.42 $97,201.68 $10,000.00 $210,478.47 $1,425,499.47 Engineering and Supervision Costs included above (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: $ 1,425,499.47 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. Page 12 of 15 970890 EXHIBIT "G" Said improvements shall be completed rding to the constriction schedule set out in Exhibit "B". (In corporation, to be signed by President and attested to by Secretary, together with corporate seal). Date: /// / , 19%- . Page 13 of 15 970890 - AAA EXHIBIT "G" EXHIBIT `B„ Name of Subdivision: VISTA COMMERCIAL CENTER Filing: Location: S1/2 of 5.5 & Nl/2 of S.8, T2N, R68W, 6th PM, Weld County, Colorado South side SH#119 between WCR 3 & WCR 5 Intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvements shown 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. Improvements Construction of the improvements listed in Exhibit "A" shall be completed as follows: Time for Completion Site grading 10/1/01 Street base 7/1/08 Street paving 1/1/09 Curbs, gutters, and culverts 851/04 Sidewalk NA Storm sewer facilities 1/1/01 Retention ponds 10/1/01 Ditch improvements NA Subsurface drainage 6/1/07 Sanitary sewers 7/1/02 Trunk and forced lines NA Mains NA Laterals (house connected) NA On -site sewage facilities NA On -site water supply and storage NA Water mains 8/1/03 Fire hydrants 8/1/03 Survey & street monuments & boxes 9/1/11 Street lighting 10/1/09 Street name signs 5/1/10 Fencing requirements NA Landscaping 6/1/11 Park improvements NA Telephone 7/1/05 Gas 5/1/06 Electric 7/1/5 Water Transfer NA SUBTOTAL: Page 14 of 15 970890 EXHIBIT "G" 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. (In corporation, to be signed by President and attested to by Secretary, together with corporate seal). Date: / ty Page 15 of 15 ,19g7- 97089© EXHIBIT 'H' August 27, 1996 Enclosed is a copy of the proposed right-of-way permit for State Highway 119 to Vista Commercial Center. This permit was submitted July 17, 1996 and has been appraised and approved. The permit is waiting to be filed with the state. Apon filing, a copy shall be transferred to Weld County. 970890 EXHIBIT "B" PROJECT NUMBER: S-SU 0072(2) PARCEL NUMBER: AC -40A DATE:July 17, 1996 EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR to and from any part of the Right of Way of Colorado State Highway No. 119, a freeway established according to the laws of the State of Colorado and from and any part of the real property of the Grantor in the North 1/2 of the North 1/2 of Section 8 and the South 1/2 of the South 1/2 of Section 5, Township 2 North, Range 68 West, of the Sixth Principle Meridian, in Weld County, Colorado, abutting upon said Highway, along or across the access line or lines described as follows: [Proiect #3 S-SU 0072(2) [Parcel #3 32 (location of line) Southerly The right of the Grantor to have the following points of access at the location set forth hereinafter, to be limited in use by the Grantor to the width and location designated according to the centerline stationing of the Grantee's Project Number: S-SU 0072(2). LEGAL DESCRIPTION COMMENCING AT THE NORTHWEST CORNER OF SECTION 8, T2N, R68 W OF THE 6th P.M., WELD COUNTY, COLORADO AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER TO BEAR SOUTH 88' 55'30" EAST WITH ALL BEARINGS RELATIVE THERETO; THENCE SOUTH 1 '11'30" EAST, 139.7 FEET ALONG THE WEST LINE OF SECTION 8 TO THE SOUTH RIGHT-OF-WAY OF HIGHWAY 119 AND THE WEST PROPERTY LINE OF COLORADO STATE HIGHWAY PARCEL NO. 32, PROJECT NO. S-SU 0072 (2) AND THE TRUE POINT OF BEGINNING; THENCE NORTH 87' 38'00" EAST, 20.00 FEET TO THE CENTER OF A 40 FOOT WIDE OPENING WHICH IS BEING EXCEPTED FROM THIS ACCESS LIMITATION (187+06.6 C.D.O.T. STATIONING); THENCE CONTINUING ALONG SAID LINE NORTH 87' 38'00" EAST, 2646.15 FEET TO THE CENTER OF A 100 FOOT WIDE OPENING WHICH IS BEING EXCEPTED FROM THIS ACCESS LIMITATION (213+52.75 C.D.O.T. STATIONING) FROM WHICH THE NORTH QUART hR CORNER OF SECTION 8 BEARS SOUTH 1' 19'44" WEST, 20.06 FEET; THENCE CONTINUING ALONG SAID LINE NORTH 87' 38' 00" EAST, 857.45 FEET; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 5630.0 FEET, A DISTANCE OF 793.30 FEET (THE CHORD OF THE ARC BEARS SOUTH 88' 19'51" EAST, 792.64 FEET): THENCE SOUTH 81 '25'15" EAST, 749.70 FEET: THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 5780.0 FEET, A DISTANCE OF 421.92 FEET (THE CHORD OF THE ARC BEARS SOUTH 83' 28'32" EAST, 421.83 FEET) TO THE CENTER OF A 970890 0890 60 FOOT WIDE OPENING WHICH IS BEING EXCEPTED FROM THIS ACCESS LIMITATION (239+93.32 C.D.O.T. STATIONING); THENCE CONTINUING ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 5780.0 Ftt _ 1, A DISTANCE OF 30.07 FEET (THE CHORD OF THE ARC BEARS SOUTH 85 40'37" EAST, 30.07Itt1) TO THE END OF THE PROPERTY AND THE EAST LINE OF THE SECTION 8. CENTER OF ACCESS OPENING OPPOSITE WIDTH LT. OR RT. CENTERLINE STATION 40 foot RT. 187+06.60 > > 100 foot RT. 213+52.75 > > 60 foot RT. 239+93.32 > > BASIS OF BEARING: ALL BEARING ARE BASED ON A LINE CONNECTING THE NORTHWEST CORNER OF SECTIONS, T2N, R68W OF THE 6th P.M., WELD COUNTY, COLORADO AND THE NORTH QUARTER CORNER OF SECTIONS AS BEARING SOUTH 88'55'30" EAST. 970890 EXHIBIT '1" COUNTY OF WELD, STATE OF COLORADO ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT (OFF -SITE) THIS AGREEMENT, made and entered into this day of 19_, by and between the COUNTY OF WELD, STATE OF COLORADO, hereinafter called "County", and HORIZON INVESTMENTS, LLC, hereinafter called "Owner" and/or "Developer." WITNESSTH: WHEREAS, Developer has applied to the County for approval Phase I of a final plan for Planned Unit Development, also (mown as VISTA COMMERCIAL CENTER, Case Number for a light Industrial and Highway Commercial development on land in the South Half of Section 5 and the North Half of Section 8, Township 2 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado, and WHEREAS, the Planned Unit Development will generate additional traffic on the access road and other nearby roads, and WHEREAS, the existing County Roads which provide access to the Planned Unit Development will require improvements to adequately serve traffic, the approximate costs of which are attached hereto as Exhibit No. 1, and WHEREAS, Developer has offered to accept certain road improvement actions. NOW, THEREFORE, in consideration of the mutual convenants and conditions set forth herein, the County and the Developer mutually agree as follows: 1. Primary access to the Planned Unit Development shall be via Weld County Roads 3, 3 1/2, and 5 at the intersection of Colorado State Highway 119. 2. All construction and materials under this agreement shall be in accordance with the Standard Specifications for Road and Bridge Construction of the Colorado Department of Highways, with reference to the edition current at the time the project is initiated. The County shall review and approve the construction plans prior to construction, and shall have the same authority as the Engineer, as defined in the specifications for the project, to inspect construction. Phase I A. As improvements for Phase I of the PUD, Developer agrees to improve to three lanes, Weld County Road 5, from the PUD development's eastern access point to State Highway 119, and provide separate right -turn and left -turn lanes. Further, 970890 Weld County Road 3 1/2 will be improved to a minimum of 3 -lane section interior in the PUD, and to State Highway 119. Additionally a paved eastbound deceleration lane and eastbound acceleration lane will be provided at Weld County Road 3 1/2 and Weld County Road 5. Also, westbound left-tum deceleration lane will be provided at Weld County Roads 3 1/2 and 5. Developer agrees to install a traffic signal at Weld County Road 3 1/2 when warrants have been met, and would expect the County to assume maintenance of the traffic signal following installation. Developer agrees to initiate the Phase I improvements after recording of the final plat of the PUD and at such time as construction of buildings begin, and to complete the Phase I improvements prior to occupancy of buildings. If, prior to or within ten years after the completion of the construction of Phase I of the off -site road improvements, Weld County issues zoning or other approval for any other residential, commercial, or industrial development, or any expansion of any agri-business, that will be using as access, or which is located adjacent to any of the portion of Weld County Roads 3 1/2 or 5, or State Highway 119 paved at the expense of the Developer as identified as Phase I, the County, to the extent permitted by law, agrees to seek contributions to the cost of the road, pro rata as the projected use of the road compares to the Developer's projected use of the road. Phase II A. Improvements for Phase II of this project will occur after submittal and approval of the final PUD plan for that Phase. The Developer agrees to improve Weld County Road 3 to a minimum 3 -lane section south of State Highway 119. Further agrees to pave deceleration and acceleration for eastbound traffic; in addition, any improvements necessary to provide westbound left-tum movements into Weld County Road 3 from State Highway 119. B. Developer agrees to initiate the Phase II improvements at such time as construction of building begins in Phase II, and to complete the Phase II improvements prior to occupancy of buildings in Phase U. C. If, prior to or within ten years after the completion of the construction of Phase II of the off -site road improvements, Weld County issues zoning or other approval for any other residential, commercial, or industrial development, or any expansion of any agri-businesses, that will be using as access, or which is located adjacent to, any of the portions of Weld County Road 3 or State highway 119 paved at the expense of the Developer as identified as Phase II, the County, to the extent permitted by law, agrees to seek contributions to the cost of the roads, pro rata as the projected use of the roads compare to the Developer's projected use of the road. It is the intent of the parties that this Agreement remain in full force and effect until it terminates according to its own terms, and that it be binding upon the Developer and its successors, and assigns. and on this Board and future Boards to the fullest extent permitted 970890 by law. Should this Agreement, or any portion thereof, be found to be void or voidable for the reason that it binds the Board of County Commissioners for more than a one year period of time, this contract shall he construed as a one year contract with automatic annual. renewals. 6. It is the intent of the parties that a separate agreement regarding collateral for construction foe each phase of the off -sits improvements will be proposed by the Developer prior to tiling of the final plat. i. Addresses of the parties areas follows: Weld County Board of County Commissioners 915 Tenth Street (PO Box 1948) Greeley CO 80532 Horizon Investments, LLC 1835 Faith Place Longmont CO 80501 It shall be the obligation of the parties to notify each other of any change of address, registered agent, or change of ownership. N WITNESS WHEREOF, the parties hereto have duly executed this Agreement the day and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By: Chairman A'TTES'T: Weld County Clerk and Recorder and Clerk to the Board By: Deputy Clerk HORIZON INVESTMENTS, LLC 1835 Faith Place Lmrgnont CO `_501 P l ATTEST: Hy./ 970890 VISTA COMMERCIAL CENTER WELD COUNTY, COLORADO January 13, 1997 ESTIMATE OF PROBABLE COST ITEM QUANTITY UNITS UNIT PRICE EXTENSION STATE HIGHWAY 119 IMPROVEMENTS - ACCEL/DECEL LANES: State Highway 119 improvements Full depth asphalt saw cut 2670 L.F. $2.00 $5,340.00 8.5" asphalt pavement 2450 S.Y. $15.00 $36,750.00 Thermoplastic stripping 3050 L.F. 81.00 $3,050.00 Earthwork 2400 C.Y. $5 $12,000.00 Drainage 1 Lump Sum 35,000 85,000.00 Traffic control 30 Days $1,500 $45,000.00 Creek Relocation 0 Lump Sum $0.00 Traffic signal 0 Lump Sum $75,000 $0.00 Demolition and cleaning pipes 1 Lump Sum $1,000.00 $1,000.00 Sub -total S108,140.00 EXHIBIT NO. 1 TO ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT 970890 EXHIBIT "P' CONSTRUCTION SCHEDULE The Final PUD Plan presented herein relates to Phase II of the Vista Commercial Center. As previously mentioned, it consists of approximately 68 acres for I-1 and C-3 uses. The owners and developers of the development propose to begin construction after sufficient buildout of Phase I warrents expansion to Phase II. The date of approval and time of year will have an impact on the duration of the construction process. Construction will include the infrastructure of Phase II, consisting of roads, grading, drainage, erosion control, potable and fire protection water, sanitary sewer, storm sewer, gas, telephone, electric and cable will be installed. In addition, improvements to Weld County Road 3 and associated improvements to State Highway 119 will also occur. At this time, it is not expected that Phase II will be staged, but will be constructed at one time. The amount of common open space that is being created during this phase is approximately 7.7 acres, and will be maintained by the Property Owners Association. 970890 EXHIBIT "K" //9 PICKETF ENGINEERING COMPANY "° 210 Bank One Plaza, 822 7th Street, Greeley Co 80631 August 7, 1996 Dan Grant, Secretary Oligarchy Ditch Company PO Box 1159 Longmont CO 80502-1159 Dear Mr. Grant: 4s J This letter is to inform you of development plans for a parcel of property which is served by the end of a lateral of the Oligarchy Ditch. The property is owned by Horizon Limited Company, LLC, and is located east of Longmont on the south side of Colorado Blghway 119 between Weld County Road 3 and Weld County Road 5. Since the water released from the end of this lateral of the Oligarchy Ditch serves only this property, none of the development plans for this site are expected to affect any other users of your ditch. The owners of the property intend to continue receiving irrigation water from the ditch as the property develops. After completion of the first phase of construction, the Minden water will be used for landscaping irrigation on one half of the site and for crop irrigation on the other half of the site. After final development of the property, this waterwill l continue to be used for landscaping irrigation. Currently the lateral consists of a pipe which outlets into a ditch on the property. Dig the first phase of construction. this on -site ditch will continue to be used to convey water. During the following phases of construction, the on -site ditch will be removed and replaced with a pipe. Please provide us with a written response to acknowledge this letter and to state any concerns you may have. If you have any questions, please contact me or Tony Evans at (970) 356-6362. Sincerely, 7 Ken Armfieid I .I.T cc: PEC =119 .?4une 970/156-636: • Fax 970/356-6486 970890 Q 8oZ6&- MA? — PAm€L -0=08 -5OC of /075 EXHIBIT "0" PICKET ENGINEERING COMPANY 210 Bank One Pica, 322 7th Street, Greeley Co 80631 July 26, 1996 Mr. Clayton Miller Production Manager Patina Oil & Gas Corporation 804 Grand Avenue Platteville CO 80651 Re: Richardson PUD PEC #119 Dear Clayton_ As you and I recently discussed on the telephone, Pickett Engineering Company is currently completing final design of the Richardson commercial and industrial subdivision (located east of Longmont on the south side of Colorado State Highway 119 between Weld County Roads 3 and 5). Since Patina has oil and gas facilities ies on the site, a meeting was held on April 19, 1996 between Curt Moore and Bart Brookman from Patina (then called Snyder Oil Company), and myself to discuss issues related to the proposed subdivision development plans and the existing Patina facilities. The two main design issues we need to now resolve are; 1) the location of a new access road to the well and tank site and 2) the distance to lots and buildings adjacent to the well site. Attached is a sketch showing the proposed road relocation and adjacent lots. Regarding the relocation of the access road, we propose to replace the existing road with a gravel road located between the tank battery and the subdivision's southern main road. This proposed access road will be mn,ilar in quality to the existing access road and at a grade of 7% or less. Regarding lot boundaries, proposed adjacent lots will be at a distance of no less than 100 feet from the well head. Since the county requires a 10 foot setback from the lot boundary line, the closest a building would be to the well head is 110 feet We are proceeding with our design based upon the assumption that this criteria is acceptable to your company. Please clarify Patina's position on. these issues as soon as possible. 970890 P9ane 970/356-4362 • Fax 270/356-6486 Page Two July 26, 1996 Clayton Miller If you have any questions, please call either me or Tony Evans at (970) 356-6362. Sincerely, Pickett Engineering Company Ken A,u,field, E.LT. KA/bc 970890 RICHARDSON PUD 2TTc$ C LT. rut CO j kt `tie ku icty kik QO 7.7 Cie e 99 C WVS i a d d I 5 F r.k s 970890 ilill VISTA COMMERCIAL CENTER DESIGN GUIDELINES INTRODUCTION: THE DEVELOPERS HAVE MADE A STRONG COMMITMENT TO ENSURE THAT VISTA COMMERCIAL CENTER IS DEVELOPED TO MAXIMIZE A CAMPUS LIKE ATMOSPHERE TO THE ENTIRE DEVELOPMENT. THE INTENT OF THESE GUIDELINES IS MERELY A STARTING POINT FOR THE ARCHITECTURAL CONTROL COMMITTEE AS THE DEVELOPMENT IS CARRIED OUT. MANY RESTRICTIONS HAVE BEEN CITED IN THE COVENANTS, CONDITIONS AND RESTRICTIONS. AS USERS ARE DEVELOPED IT IS ASSUMED THAT THESE GUIDELINES WILL BE OF ASSISTANCE TO THE INDIVIDUAL OWNERS AND DEVELOPERS OF THE LOTS, SO THAT CONTINUITY WILL FLOW THROUGHOUT THE ENTIRE AREA. I. SITE DEVELOPMENT: a) Grading and drainage plans will be reviewed by the ACC before any work is started. Grading will done to preserve the natural contour of the land. Drainage will be done to coincide with the master drainage system. b) The placement on the lot of all structures will be approved by the ACC prior to any construction. All structures are to maintain the theme of a campus like configuration. c) Fencing will be allowed only on approval of the ACC. If chain link type fencing is needed for security or other reasons, it will be covered by materials approved by the ACC. , LIGHTING: All lighting will be approved by the ACC. In general lighting of a nature to minimize glare will be used. No neon type signage will be permitted. 3. PARKING: Parking will be in accordance with Weld County standards. Parking areas will be screened from passing traffic and other structures as much as practical. All parking plans will be approved by the ACC who may impose stricter guidelines than the county. 4. CONSTRUCTION MATERIALS: Buildings will be constructed of masonry materials or other materials approved by the ACC metal structures will be covered with approved materials such as masonry coveting on that part of the structure that is visible from the street way. Any roof mounted mechanical equipment will be shielded by the roof or screening placed for such purpose. 5. SIGNAGE: Signage will be approved by the ACC and will be consistent throughout the development. 6. COLORS: Colors on exterior surfaces will be approved by the ACC and in general will be earth tones to harmonize with the other structures in the development. 7. VARIANCES: No owner nor developer of any lot shall apply to the county for any variance in use or construction without prior approval of the ACC. The ACC may authorize variances from compliance with any of the provisions of these design guidelines or the declaration of covenants, conditions, and restrictions; including restrictions upon height, size, floor area or placement of structures, or similar restrictions. Such variances must be evidenced in writing, must be signed by two or more members of the ACC. and shall become effective upon their execution and recording. If a variance is granted, no violation of the covenants, conditions and restrictions, or restrictions contained in this declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this declaration for any purpose except as to the particular properly and particular provision hereof covered by the variance, nor shall it affect an any way the owners obligation to comply with all governmental laws and regulations affecting use of a lot. 970E_39fJ EXHIBIT "rP" EXHIBIT 1 8 8. SETBACKS: All setbacks will be in accordance with the Weld County restrictions or those imposed by the ACC. 9. LANDSCAPE AND IRRIGATION: All plantings will be done with approval of the ACC plantings will be used not only to enhance the overall landscape but to screen structures and parking areas as much as possible. The ACC will have developed with the landscape architect a list of approved types of planting but will also encourage creative use of plantings and other landscape techniques to enhance the property. Irrigation design will be reviewed by the ACC prior to any construction. 10. ACCELERATION AND DECELERATION LANES: Any requirements for acceleration or deceleration for entry to or exit from individual lots will be done at individual owners expense. 11. EASEMENTS AND UTILITIES: All utility lines and connections shall be underground. Transformers and utility meters of any type shall be adequately screened from view and all installations of transformers and /or meters are subject to the prior approval of the ACC. The ACC shall have the right to require the owner to grant an easement for utilities within the set back area of his building and/or other improvements for the benefit of other owners. DECLARANT: HORIZON INVESTMENTS, LLC 1835 FAITH PLACE LONGMONT, CO 80501 BY: LYLE DEHNING ATTESTED: State of Colorado, County of Boulder, ss. BY: N. RUSSELL STACEY On this 9th day of September, 1996, before me, Marvin L. Dyer, the above -signed officers, personally appeared LYLE DEHNING and N. RUSSELL STACEY, who acknowledged themselves to be the Managing Partners of the Horizon Investments, LLC, and that they, as such Managing Partners, being authorized so to do, executed the foregoing instrument for the purposes contained therein , by signing the name of the corporation by themselves as Managing Partners. In witness whereof 1 hereunto set my hand and official seal. My commission expires January 17, 1997. arvin L. Dyer Notary Public 970890 cSt. ( VEain cSanitation istiiet lJfL£/L3Onu (303)776-9570 (cSaint cSan) July 23, 1996 Department of Planning Services Weld County Administration Building 1400 North 7`h Avenue Greeley, Colorado 80632 5i5 xun1 uik St.. Suitt ;eo l°myriant. de 805t'' Sim RECEIVED ! U L 2 9 1995' Re: Commitment to Service Horizon Investments (fka Richardson) P.U.D. Dear Sir: This letter was requested by Horizon Investments, L.L.C., concerning the following described real property. Approximately 144 acres comprising the N/2 of the N/2 of the N/2 of Section 8, T2N, R68W of the 6`h P.M., Weld County, Colorado. The property will be served by this District's municipal type collection system and aerated lagoon treatment plant constructed to Colorado Department of Health and Environment standards and operated subject to the Colorado Discharge Permit system. This development complies with the District's Master Plan. An 8 -inch trunk line is available along the south side of Highway 119 in Weld County Road 5 to serve said property. Both the East and West parcels of this property are within the District. St. Vrain Sanitation District has 1852 SFE (single family equivalent) taps, of which 432 have been purchased, resulting in 1420 available for purchase. These taps are available to referenced property and other eligible properties on a first -come, first -serve basis. As the present supply of taps is consumed, the District plans to increase the size of its treatment plant to serve 5,555 SFE taps. These additional taps would also be made available on a first -come, first -serve basis. The above -referenced property is eligible to utilize the available supply of taps on a first -come, first -serve basis, subject to the following; a. Execution of a Line Extension and Service Agreement; b. Installation of 8 trunk and lateral lines in accordance with District standards and connection to the District's system by the applicant; c. Purchase of the required number of taps, as needed; and 970890 Department of Planning Services July 23, 1996 Page 2 d. Compliance with the District's Rules and Regulations. Should this property wish to obtain an absolute commitment to serve, taps may be prepurchased and held until needed. Monthly service charges will be assessed upon connection or twelve months after purchase, whichever comes first. Should you have any questions concerning this matter, do not hesitate to contact me. Very truly yours, ST. VRAIN SANITATION DISTRICT, By Manager LLD:bjp cc: Pickett Engineers (Attn: Chris Pickett) Dyer Realty (Attn: Russ Stacey) 970890 I/ MOUNTAIN VIEW FIRE PROTECTION DISTRICT Administrative Office: 9119 County Line Road • Longmont, CO 80501 (303) 772-0710 Metro (303) 666-4404 FAX (303) 651-7702 Pic December 5, 1996 Mr. Tony Evans, Project Manager Pickett Engineering Company 210 Bank One Plaza 822 7`" Street, Greeley, CO 80631 RE: Vista Commercial Center Richardson PUD Dear Mr. Evans: I have reviewed your letter, dated 10/9/96 and the water plan, dated 9/3/96 for compliance with the requirements of the Fire District for this PUD. The items below are keyed to the items as numbered in your letter. 1. The issue of the available fire flow appears to be unresolved at this point. I know that the Left Hand Water District is working on improving the flow, however, it appears to me that the fire flow that is needed by this subdivision is not going to be provided by the 16 -inch line running west from Del Camino, even with the collateral flow from other Left Hand lines. As we have discussed before, the Fire District has no objections to proceeding with the subdivision up to the point of applying for building permits for the buildings. There needs to be a recognition that there is a risk in doing this. 2. The hydrant locations shown on the plans are approved. 3. The temporary access road at the western end of Phase I meets the standards of the Fire District as long as it will support 60,000 lbs. of imposed load and has an all-weather surface. If the temporary access road has a graveled surface, then the surface must be maintained, at all times, so that it will support the 60,000 lbs. and not be allowed to become muddy or rutted. EXHIBIT Station 1 9119 Cnty Line Pd. Longmont, CO 80501 /O. c' RECEIVED DEC 0 9 1996 Vista Commercial Center - Response letter to Pickett Engineering 1 of 2 Staton 2 1:971 WCR 13 L-^gmont, CO 80504 Station 3 P O Box 575 299 Palmer Ave. Mead. CO 80542 Station 4 PO. Box 11 8500 Niwot Road Niwot. CO 50544 Station 5 10911 Dobbin Run Lafayette. CO 80026 Station 6 P.O. Box 666 600 Briggs Erie. CO 80516 Station 7 P.O. Box 40 Dar31064o All other items in your letter appear to be fine. If you have any questions, please contact me. Sincerely, Charles Boyes � Fire Prevention Specialist CC: Mark A. Lawley, Assistant Chief, Emergency Services Chris Goranson, Weld County Dept. of Planning Services Vista Commercial Center - Response letter to Pickett Engineering 2of2 970890 M/84 1 � Immin LEFT HAND WATER DISTRICT =11� August 6, 1996 Mr. Russ Stacey Horizons Investments c/o Dyer Realty 430 Main St. Longmont, CO 80501 RE: Horizons Investments Dear Mr. Stacey: The property known as Horizons Investments, which is generally described as a portion lying within the south half of Section 5, Township 2 North, Range 68 West, and a portion located in the north half of the Section 8 Township 2 North, Range 68 West of the Prime Meridian, Weld County, Colorado. This property is located within the boundary of Left Hand Water District. It is Left Hand's intent to serve this property at some point in the future; of course with conditions for extension of service at the time of review. A tap application is on file (#1690). It is my understanding that this letter is to be used by the Weld County Planning Department. Please call me if you need any additional information. Sincerely, David J. Sample, PE District Engineer C?_\\1ED WO 2 21996 RE rr EXHIBIT /O P.O. Box 210 • Niwot CO. 80544 • (303) 530-4200 • Fax (303) 530-5252 970890 Tv LEFT HAND WATER DISTRICT e/19//Q, / mom November 7, 1996 Mr. Kris A. Pickett Pickett Engineering Company 210 Bank One Plaza 822 7th Street Greeley, CO 80631 RE: Vista Commercial Center Richardson PUD Dear Mr. Pickett: This letter is in response to your request to model the fire flow available to your subdivision upon construction of the 3 MG storage tank in the Del Camino area. Based upon the 16" line and a pressure at the cross tie of 130 psi, and a tank approximately 4 miles away, your subdivision should receive 4000 gpm at 20 psi residual. This number may be reduced somewhat if the lines within the subdivision are downsized, as you have presently done. Left Hand Water District has been working with Central Weld to improve the fire flow available in the interim. Based upon our contract with Central Weld and the physical makeup of the cross tie itself, this number is probably around 1000 gpm. The previous flow tests in the area have been unable to approach this due to a lack of differential between the fire line PRV setting and the pressure under normal operating conditions. We are attempting to isolate the lower pressure lines from the cross tie and will be repeating a flow test as soon as this is complete. The normal static pressure at the intersection of 3 1/2 would be approximately 100 psi. During flow conditions, the pressure will be: at 1500 gpm: 83 psi; and at 2500 gpm, 65 psi. All of these numbers are approximate and do not account for losses within the subdivision. EXHIBIT 1 „ RECEIVED NOV 1 3 1996 P.O. Box 210 • Niwot CO. 80544 • (303) 530-4200 • Fax (303) 530-5252 970890 Please let me know if you need anything else. Sincerely David I. Sample, PE District Engineer cc: Chuck Voyes, Mountain View Fire District, 9119 County Line Road, Longmont Lee Lawson, St. Vrain Sanitation District 970890 Hello