HomeMy WebLinkAbout980052.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS (PUBLICLY MAINTAINED ROADS)AND
ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT (OFF-SITE)AND
ACCEPT FORM OF COLLATERAL -WESTERN DAIRYMEN COOPERATIVE, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, by Resolution dated November 24, 1997, a Site Specific Development Plan
and Subdivision, S#431, for Western Dairymen Cooperative, Inc. on the following described
real estate, to-wit:
Part of the N'/ of Section 10, Township 2 North, Range 68 West
of the 6th P.M., Weld County, Colorado
WHEREAS, pursuant to certain Conditions of Approval in said Resolution, the Board
has been presented with an Improvements Agreement According to Policy Regarding Collateral
for Improvements (Publicly Maintained Roads) and a Road Maintenance and Improvement
Agreement (Off-Site) between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, and Western Dairymen Cooperative, Inc., with terms
and conditions being as stated in said agreement, and
WHEREAS, the applicant has submitted Standby Letter of Credit Number SPL36245,
drawn on the Harris Trust and Savings Bank, P.O. Box 755, Chicago, Illinois 60690-0755, in
the amount of$850,520.20, and
WHEREAS, the County Attorney's staff has requested an amendment to said Letter of
Credit, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Improvements Agreement According to Policy Regarding
Collateral for Improvements (Publicly Maintained Roads) and the Road Maintenance and
Improvement Agreement (Off-Site) between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and Western Dairymen
Cooperative, Inc., be, and hereby are, approved.
980052
FI:, ivLt{ern AtKett- PL1071
IMPROVEMENTS AGREEMENT-WESTERN DAIRYMEN COOPERATIVE, INC.
PAGE 2
BE IT FURTHER RESOLVED that Standby Letter of Credit Number SPL36245, drawn
on the Harris Trust and Savings Bank, in the amount of$850,520.20 be, and hereby is,
accepted as to the form of said collateral.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of January, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WEI,7 COUNTY, COLORADO
ATTEST: &WA °
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•��1 *. 04 Constance L. Harb , Chair
Weld Cour/ty ; ��r ee1/4
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4 ,� W. H. ebster, Pro-Tem
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Deputy IMO 1� ir " Baxter
AP OV AS ORM:
Dale K. Hall
ty rney EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
980052
PL1071
Li 75
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLICLY MAINTAINED ROADS)
THIS AGREEMENT, made and entered into this /'tQ) day of -y�, i�.y -/ by and between
the County of Weld, State of Colorado,acting through its Board of County Co issioners,hefeinafter called"County",
Western Dairymen Cooperative,Inc.,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: The North 1/2 of Section 10,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 Western Dairymen Cooperative,
Inc. 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.
1.1 The required engineering services shall be performed by a Professional Engineer and
Land Surveyor registered in the State of Colorado,and shall conform to the
standards and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of,but not be limited to, surveys,
designs,plans and profiles,estimates,construction supervision,and the submission
of necessary documents to the County.
1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision
to the County for approval prior to the letting of any construction contract. 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.
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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
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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
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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 arrepted
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 arreptable collateral has not been submitted within six(6)months then
the Final Plat approval and all preliminary approvals shall automatically expire. An
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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 Rat 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". The cost
amounts identified in Exhibit"A"for each phase of this agreement will be adjusted higher or
lower for the year and quarter in which the collateral is posted based on the State Highway
Bid Price Index contained in the Quarterly Cost Report of the Engineering News Record as
published by the McGraw-Hill Companies.
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
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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
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 tile 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.
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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.
8.5 A cash deposit made with the County equivalent to 100%of the value of the
improvements.
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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,
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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
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 day and year first above written.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO (01/12/98)
1
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APPROVED AS TO FORM:
County Attorney
APPLICANT: Wes rn Dairymen Cooperative,Inc.
BY: ('to
�/'� title)
SUBSCRIBED AND SWORN to before me this ,- day of , 1997
WITNE Sjm9MiWialfrr
STATE OF CO_( RADO )!--,(4,0te-cat0}-“"
My Commission Exr . .1""M?3,1998 Notary Public
My commission expires: (Q
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EXHIBIT"A"
Name of Subdivision: Western Dairymen Cooperative,Inc.
Filing:
Location: N1/2 of S.10,T2N,R68W, 6th PM,Weld County,Colorado
South side SH#119 between WCR 7&Turner Blvd.
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
General Conditions
Move In/Out 1 Lump Sum $3,500.00 $3,500.00
Demolition 1 Lump Sum $5,000.00 $5,000.00
Sub-Total: $8,500.00
Earthwork
Cut to Fill 51700 C.Y. $1.25 $64,625.00
Finish Grade for C & G 6172 L.F. $1.00 $6,172.00
Fine Grade Ponds 2 Each $2,000.00 $4,000.00
Sub-Total: $74,797.00
Street Work
Subgrade Prep 14928 Sq. Yds. $1.00 $14,928.00
Weedkill 20071 Sq. Yds. $0.20 $4,014.20
4" Grade C Asphalt 14928 Sq. Yds. $5.00 $74,640.00
10" Clss 6 Base Course 14928 Sq. Yds. $5.00 S74,640.00
Raise Manholes 9 Each $203.00 $1,827.00
Raise Valves 11 Each $148.00 $1,628.00
Striping 10665 LF $1.00 $10,665.00
Sub-Total: $182,342.20
Sanitary Sewer
8" SDR 35 2712 L.F. $17.00 $46,104.00
48" Manholes 9 Each $1,354.00 $12,186.00
Connect to Existing 1 Each $494.00 $494.00
4" Laterals 18 Each $418.00 $7,524.00
Sub-Total: $66,308.00
Storm Drain
48" RCP CL 3 155 L.F. $63.00 $9,765.00
42" RCP CL 3 375 L.F. $54.00 $20,250.00
36" RCP CL 3 405 L.F. $45.00 $18,225.00
30" RCP CL 3 545 L.F. $35.00 $19,075.00
24" RCP CL 3 395 L.F. $30.00 $11,850.00
18" RCP CL 5 390 L.F. $25.00 $9,750.00
Type "C" Inlet 9 Each $2,450.00 $22,050.00
24" CMP 116 LF $15.00 $1,740.00
24" CMP FES 2 Each $366.00 $732.00
Erosion Control Fence 3600 L.F. $1 .60 $5,760.00
Outlet Headwall 2 Each 51,285.00 $2,570.00
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Detention Pond Outlet 0 S.F. $5.00 $0.00
Straw Bale Inlet Filter 9 Each $81 .00 $729.00
Sub-total $122,496.00
Water
6" DIP 130 L.F. $12.00 $1,560.00
6" Gate Valve/Valve Box 5 Each $700.00 $3,500.00
10"x6" Tees 3 Each $443.00 $1,329.00
10" Gate valve 6 Each $1,000.00 $6,000.00
16" gate valve 3 Each $2,500.00 $7,500.00
Fire Hydrant Assy 5 Each $2,379.00 $11,895.00
16"Xl0" Tapping tee 1 Each $3,000.00 $3,000.00
16"X16" Tapping tee 1 Each $5,000.00 $5,000.00
16" PVC 1400 L.F. $25.00 $35,000.00
16" Fittings 5 Each $1,100.00 $5,500.00
10" PVC 1885 LF $18.00 $33,930.00
10" Fittings 6 Each $750.00 $4,500.00
3/4" Copper Services 18 Each $506.00 $9,108.00
Hydrostatic Test 1 Each $1,030.00 $1,030.00
Sub-Total: $128,852.00
Concrete
Curb & Gutter 2162 L.F. $9.00 $19,458.00
6' Sidewalk 12962 SF $2.00 $25,924.00
Handicapped Ramps w/returns 3 Each $2,000.00 $6,000.00
Sub-total: $51,382.00
Miscellaneous
4" Conduits 5200 L.F. $4.00 $20,800.00
6" Conduits 1040 L.F. $6.00 $6,240.00
Street signs 1 Lump Sum $2,000.00 $2,000.00
Landscaping & Irrigation 2 Acres $60,984.00 $121,968.00
Sub-Total: $151,008.00
GRAND TOTAL $785,685.20
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: $785,685.20
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.
Sai improvements shall be mplet ording to the construction schedule set out in Exhibit"B".
��/ P esid t / As stant Secretary/Treasurer
In porporati ,to be signed by esident and attested to by Secretary,together with corporate seal).
<`r . , Datefirtnhpr 31 , 19 97 .
��+�A `• Wei
111111111111111111 MI 1111111 III IIIIIII III 1111111111Hi
tV-4q ra\,
�.. $ 2589475 01/15/1998 02:12P Weld County CO
t 1 . 11 of 13 R 0.00 0 0.00 JA Suki Taukamoto 980052
EXHIBIT"B"
Name of Subdivision: Western Dairymen Cooperative,Inc.
Filing:
Location: N1/2 of S.10,T2N,R68W, 6th PM,Weld County,Colorado
South side SH#119 between WCR 7&Turner Blvd.
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 two years from the date of approval of the final plat.
Construction of the improvements listed in Exhibit"A"shall be completed as follows:
Improvements Time for Completion
Site grading 11/99
Street base 9/99
Street paving 9/99
Curbs,gutters,and culverts 8/99
Sidewalk 8/99
Storm sewer facilities 8/99
Retention ponds 7/99
Ditch improvements NA
Subsurface drainage 5/99
Sanitary sewers 6/99
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 7/99
Fire hydrants 7/99
Survey&street monuments&boxes 5/99
Street lighting 11/99
Street name signs 11/99
Fencing requirements NA
Landscaping 11/99
Park improvements NA
Telephone 10/99
Gas 10/99
Electric 10/99
Water Transfer NA
SUBTOTAL:
� �1111111111 H11111III IIIIIII III BB Ill ill
of 13
12 of 13 R 0.00 D 0.00 JR Sukl Tsukamoto .78UD.52
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,togetherwith corporate seal).
Ain -� Date: 9/3 , 19 7� .
I 111111 IIIII 111111 IIU IIUIII III 1111111 III IIIIII III25 III
138ofT5 13 R/0.009D80 0012P Wold County CO
JR kaki Toukame o
Page 13 of 13 980052
ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT
(OFF-SITE)
THIS AGREEMENT,made and entered into this /a 4h day of Cl42,24.4. .
19 7`,y , by and between the COUNTY OF WELD, STATE OF COL O,hereidafter
called"County", and Western Dairymen Cooperative, Inc., hereinafter called "Owner"
and/or"Developer".
WITNESSTH:
WHEREAS,Developer has applied to the County for approval for rezoning to Planned
Unit Development, for C-3 and I-1 zone district in the North Half of Section 10.
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
WHEREAS, a County road needs to be constructed which will provide access to the
Planned Unit Development 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 covenants 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 Road 7
1/2 from 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.
3. A. As improvements for the PUD, Developer agrees to construct three lanes of Weld
County Road 7 1/2 from the Planned Unit Development's north access to State
Highway 119 to approximately 900 feet south of said right-of-way with separate
right turn and left turn lanes. Further, a paved eastbound acceleration lane will be
provided on State Highway 119 to the east of this intersection, and a paved
eastbound deceleration lane on State Highway 119 shall be provided to the west of
111111 111111 IIII 1111111 III IIIIIII III 11111 IIII IIII
2589478 01/15/1998 02:13P Wald County CO
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this intersection. Developer will complete necessary restriping of center lane of
SH 119 to provide a west bound left turn onto WCR 7 1/2.
B. Developer agrees to initiate the improvements after recording of the final plat of
the PUD and at such time as construction of buildings begins and to complete the
improvements prior to occupancy of said buildings.
C. If,prior to or within ten years after the completion of the construction 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 Road 7 1/2 or State Highway 119 paved at the
expense of the Developer as identified, 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.
4. 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 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 be
construed as a one year contract with automatic annual renewals.
5. It is the intent of the parties that a separate agreement regarding collateral for
construction for each phase of the off-site improvements will be proposed by the
Developer prior to filing of the final plat.
6. The addresses of the parties are as follows:
Weld County Board of County Commissioners
915 Tenth Street (PO Box 1948)
Greeley CO 80632
Western Dairymen Cooperative, Inc.
12450 N Washington Street
Thornton CO 80241
It shall be the obligation of the parties to notify each other of any change of
address, registered agent, or change of ownership.
11111111111111111111111111111III 1111111 III 111111111 liii
2589475 01/15/1998 02:13P Wald County CO
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980052
WESTERN DAIRYMEN COOPERATION,INC.
WELD COUNTY, COLORADO
ESTIMATE OF PROBABLE COST 9/97
ITEM QUANTITY UNITS UNIT PRICE EXTENSION
**STATE HIGHWAY 119 IMPROVEMENTS-ACCEL/DECEL LANES:
Demolition & Cleaning Culverts 1 LS $2,000 $2,000
Full Depth Saw Cut 750 LF $2 $1,500
Deceleration 550 S.Y. $15 $8,250
Lanes- Full Depth Asphalt
30" Vertical curb &gutter 570 L.F. $8 $4,560
Replace curb cuts w/30"vertical
curb and gutter 70 L.F. $15 $1,050
Grading 3855 C.Y. $5 $19,275
Striping 5700 L.F. $1 $5,700
Traffic Control 30 Days $750 $22,500
Subtotal: $64,835
EXHIBIT NO. 1
TO
ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT
IIIIII 11111 111111 IIII 1111111111 IIIIIII III 11111 IIII IIII
2580478 01/15/1998 02:13P Wald County CO
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98005Z
IN WITNESS WHEREOF,the parties hereto have duly executed this Agreement
the day and year first above written.
ATTEST: , I' i it 6146 WEARD QF COUNTY CO SSIONERS
v q i, 4. s�` LD COUNTY, COLO> O
Weld C i i i C <-tp 1 •'
Reco s 4 ei 8. a By: (,/ . .lzau,"
the BO't ,',F�'�p � Chaiiman, Constance L. Harbert (01/12/98)
By: '4: IpaS�; . i
Deputy
Western Dairymen Cooperative, Inc.
12450 N W gton Street
Thornton 80241
By:
ATTEST:
a
By:
I lit linitilli lint III IIIIIIIIII1lylIC 11IIII
o
4 off 4 4 R 0.00 D 0.00 Jp Sukt Tsukamel
4 o
JOANNE F. COLTHART
NOTSTATE OF COLOR
ADO
cammiatien: .Iro/June 23,19%
980052
HARRIS ilam°s Trust and Savings Bank Attn: Letter of Credit Section
r��.,,'�! BANK® P.O. Box 755 311 W. Monroe St., 13th Floor
1L Chicago, Il 60690 0755 Chicago, Illinois 60606
OUR IRREVOCABLE STANDBY LETTER OF DATE OF ISSUE: DECEMBER 22, 1997
CREDIT NUMBER SPL36245 PAGE: 1
BENEFICIARY: APPLICANT:
CLERK TO THE BOARD OF COUNTY DAIRY FARMERS OF AMERICA, INC.
COMMISSIONERS, 915 10TH ST-PO BOX C 3253 E. CHESTNUT EXPWY.
GREELEY, CO. 80632 SPRINGFIELD, MO 65802
ATTN: MS. CAROL HARDING
AMOUNT AVAILABLE: USD 850,520.20
EIGHT HUNDRED FIFTY THOUSAND FIVE HUNDRED
TWENTY AND 20/100 'S US DOLLARS
EXPIRY DATE : JUNE 22, 1998
DEAR SIR(S) OR MADAM(S) :
WE HEREBY OPEN OUR IRREVOCABLE LETTER OF CREDIT IN YOUR FAVOR FOR THE ACCOUNT OF
WESTERN DAIRYMEN COOPERATIVE, INC. FOR A SUM NOT TO EXCEED THE AGGREGATE OF
$850,520.20. THIS AMOUNT SHALL BE PAID AT SIGHT AND IS AVAILABLE BY
BENEFICIARY'S DRAFT OR DRAFTS.
EACH DRAFT SO DRAWN MUST BE MARKED "DRAWN UNDER HARRIS TRUST AND SAVINGS BANK
LETTER OF CREDIT NO. SPL36245" AND BE ACCOMPANIED BY A SIGNED STATEMENT FROM THE
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO STATING WESTERN DAIRYMEN
COOPERATIVE, INC. HAS COMMITTED A MATERIAL BREACH OF THE IMPROVEMENTS AGREEMENT
ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS AT 3598 COLORADO STATE
HIGHWAY 119. SUCH AGREEMENT DATED THE 24TH DAY OF DECEMBER, 1997 BY AND BETWEEN
THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD" .
THIS CREDIT IS SUBJECT, SO FAR AS APPLICABLE, TO THE UNIFORM CUSTOMS AND
PRACTICES FOR DOCUMENTARY CREDITS 1993 REVISION, INTERNATIONAL CHAMBER OF
COMMERCE PUBLICATION NO. 500".
WE HEREBY AGREE WITH YOU THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE
TERMS OF THIS CREDIT WILL BE DULY HONORED AND PRESENTED FOR PAYMENT TO US AT 311
W. MONROE ST. , 13TH FLOOR, CHICAGO, ILL. 60606. THIS LETTER OF CREDIT WILL
EXPIRE ON JUNE 22, 1998.
THIS LETTER OF CREDIT WILL BE DEEMED AUTOMATICALLY EXTENDED FOR AN ADDITIONAL
ONE YEAR PERIOD FROM THE CURRENT EXPIRATION AND FUTURE EXPIRATION DATE UNLESS AT
LEAST 60 DAYS PRIOR TO SUCH EXPIRATION DATE, WE, HARRIS TRUST AND SAVINGS BANK
NOTIFY YOU (BENEFICIARY) IN WRITING THAT THE LETTER OF CREDIT WILL NOT BE
RENEWED. IN THE CASE YOU RECEIVE SUCH NOTIFICATION, YOU MAY DRAW BY PRESENTATION
OF THE FOLLOWING: (A) A DRAFT ON HARRIS TRUST AND SAVINGS BANK; (B) A STATEMENT,
PURPORTEDLY SIGNED BY AN OFFICIAL OF THE BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, COLORADO STATING THAT WE HAVE RECEIVED NOTICE FROM HARRIS TRUST AND
SAVINGS BANK THAT LETTER OF CREDIT NO. SPL36245 WILL NOT BE RENEWED AND THAT
WESTERN DAIRYMEN COOPERATIVE, INC. HAS FAILED TO PROVIDE PROOF OF ADEQUATE
980052
HARRIS Harris rrust and Savings Bank Attn: Letter of Credit Section
I ` BANK® P.O. Box 755 311 W. Monroe St., 13th Floor
i� Chicago, Il 60690 0755 Chicago, Illinois 60606
MAIL TO: DECEMBER 22, 1997
CLERK TO THE BOARD OF COUNTY OUR STANDBY LETTER OF CREDIT
COMMISSIONERS, 915 10TH ST-PO BOX C NUMBER: SPL36245 ��
GREELEY, CO. 80632 -, 1 .�
.L:
ATTN: MS. CAROL HARDING r- ;1 rfl
N
`a C7
i I
AT THE REQUEST OF DAIRY FARMERS OF AMERICA, INC. , WE ENCLOSE OUR ORIGINAL J-1
LETTER OF CREDIT ISSUED IN YOUR FAVOR. c-? =i -c
N
CO
IF THE TERMS OF THE LETTER OF CREDIT ARE NOT ACCEPTABLE TO YOU, PLEASE CONTACT
THE APPLICANT DIRECTLY WITH A VIEW TO HAVING THE LETTER OF CREDIT AMENDED.
IN ALL CORRESPONDENCE REGARDING THIS LETTER OF CREDIT, PLEASE QUOTE OUR LETTER
OF CREDIT NUMBER SPL36245.
IF YOU HAVE ANY QUESTIONS REGARDING THIS LETTER OF CREDIT, PLEASE CALL ( 312 )
461-6460.
PREPARED BY: GMM
1/61
9800?
%L HARRIS Harris Trust and Savings Bank Attn: Letter of Credit Section
ty BANKS P.O. Box 755 311 W. Monroe St., 13th Floor
L Chicago, Il 60690 0755 Chicago, Illinois 60606
MAIL TO: JANUARY 15, 1998 " i`n 'u,
CLERK TO THE BOARD OF COUNTY OUR STANDBY LETTER OF CREDIT
COMMISSIONERS, 915 10TH ST-PO BOX C NUMBER: SPL36245
GREELEY, CO. 80632
ATTN: MS. CAROL HARDING
l t
AT THE REQUEST OF DAIRY FARMERS OF AMERICA, INC. , WE ENCLOSE OUR ORIGINAL
STANDBY LETTER OF CREDIT AMENDMENT.
IF THE TERMS OF THE AMENDMENT ARE NOT ACCEPTABLE TO YOU, PLEASE CONTACT THE
APPLICANT DIRECTLY.
IN ALL CORRESPONDENCE REGARDING THIS LETTER OF CREDIT, PLEASE QUOTE OUR LETTER
OF CREDIT NUMBER SPL36245.
IF YOU HAVE ANY QUESTIONS REGARDING THIS LETTER OF CREDIT, PLEASE CALL ( 312 )
461-6460.
PREPARED BY: GMM
9800S2
r= HARRIS Ham; Trust and Savings Bank Attn: Letter of Credit Section
BANK P.O. Box 755 311 W. Monroe St., 13th Floor
�� Chicago, II. 60690 0755 Chicago, Illinois 60606
OUR IRREVOCABLE STANDBY LETTER OF DATE OF ISSUE: DECEMBER 22 , 1997
CREDIT NUMBER SPL36245 PAGE: 2
COLLATERAL AND SUBSTITUTION OF THIS LETTER OF CREDIT NO. SPL36245; AND (C) COPY
OF LETTER FROM HARRIS TRUST AND SAVINGS BANK STATING NON-RENEWAL OF LETTER OF
CREDIT NO. SPL36245 AND ACCOMPANIED BY THE ORIGINAL LETTER OF CREDIT.
HARRIS TRUST AND SAVINGS BANK
CtIC
AUTHORIZED SIGNATURE
PREPARED BY: GMM
9800 52
vigHARMS
S Harris Trust and Savings Bank Attn: Letter of Credit Section
I/ P.O. Box 755 Chicago, Il 60690 0755 311 W. Monroe St., 13th Floor
Chicago, Illinois 60606
OUR IRREVOCABLE STANDBY LETTER OF DATE: JANUARY 15, 1998
CREDIT NUMBER SPL36245 PAGE: 1
BENEFICIARY: APPLICANT:
CLERK TO THE BOARD OF COUNTY DAIRY FARMERS OF AMERICA, INC.
COMMISSIONERS, 915 10TH ST-PO BOX C 3253 E. CHESTNUT EXPWY.
GREELEY, CO. 80632 SPRINGFIELD, MO 65802
ATTN: MS. CAROL HARDING
DEAR SIR(S) OR MADAM(S) :
WE HEREBY AMEND OUR LETTER OF CREDIT NUMBER SPL36245 AS FOLLOWS:
THE FIRST TWO PARAGRAPHS OF THE LETTER OF CREDIT ARE NOW CHANGED TO READ AS
FOLLOWS:
WE HEREBY OPEN OUR IRREVOCABLE LETTER OF CREDIT IN YOUR FAVOR FOR THE ACCOUNT OF
WESTERN DAIRYMEN COOPERATIVE, INC. FOR A SUM NOT TO EXCEED THE AGGREGATE OF
$850,520.20 ($785,685.20 FOR ON-SITE IMPROVEMENTS & $64,835.00 FOR OFF-SITE
IMPROVEMENTS) . THIS AMOUNT SHALL BE PAID AT SIGHT AND IS AVAILABLE BY
BENEFICIARY'S DRAFT OR DRAFTS.
EACH DRAFT SO DRAWN MUST BE MARKED "DRAWN UNDER HARRIS TRUST AND SAVINGS BANK
LETTER OF CREDIT NO. SPL36245" AND BE ACCOMPANIED BY A SIGNED STATEMENT FROM THE
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO STATING WESTERN DAIRYMEN
COOPERATIVE, INC. HAS COMMITTED A MATERIAL BREACH OF THE IMPROVEMENTS AGREEMENT
ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLICLY MAINTAINED
ROADS) OR THE ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT (OFF SITE) AT 3598
COLORADO STATE HIGHWAY 119 . SUCH AGREEMENTS DATED THE 12TH DAY OF JANUARY, 1998
BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD" .
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
HARRI RUST AND SAVINGS BANK
("C
AUTH RIZED SIGNATURE
PREPARED BY: GMM
98005,2
MEMORANDUM
WITO: Board of County Commissioners January 8, 1998
COLORADO From: Todd A. Hodges, Current Planner II
SUBJECT: S-431, acceptance of Improvements agreements and
Letter of Credit for Western Dairymen Cooperative, Inc. PUD.
The Department of Planning Services, Public Works Department and Weld County Attorney's office
have reviewed the Improvement Agreements for the Off-site and On-site improvements along with
the Letter of Credit in the total amount of$850,520.00 ($785,685.20 for on-site & $64,835.00 for
off-site) for improvements in the Western Dairymen Cooperative Inc. PUD.
The Department of Planning Service's staff recommends that the Board of County Commissioners
accept the Off-site and On-site Improvements Agreements.
Staff recommends the acceptance of the Letter of Credit number SPL36245 with the proposed
changes, as written in the attached memo from Lee Morrison, Assistant County Attorney.
Attached is a copy of the Improvement Agreements, Letter of Credit, Covenants, and Design
Guidelines.
980052
From: LEE MORRISON
To: thodges,charding
Date: 1/7/98 3:01pm
Subject: western dairy coop letter of credit amended paragraphs
WE HEREBY OPEN OUR IRREVOCABLE LETTER OF CREDIT IN YOUR FAVOR FOR
THE ACCOUNT OF WESTERN DAIRYMEN COOPERATIVE, INC. FOR A SUM NOT TO
EXCEED THE AGGREGATE OF $850,520.20 ($785,685.20 FOR ON-SITE
IMPROVEMENTS & $64,835.00 FOR OFF-SITE IMPROVEMENTS). THIS AMOUNT
SHALL BE PAID AT SIGHT AND IS AVAILABLE BY BENEFICIARY'S DRAFT OR
DRAFTS.
EACH DRAFT SO DRAWN MUST BE MARKED "DRAWN UNDER HARRIS TRUST AND
SAVINGS BANK LETTER OF CREDIT NO. SPL36245" AND BE ACCOMPANIED BY A
SIGNED STATEMENT FROM THE BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, COLORADO STATING WESTERN DAIRYMEN COOPERATIVE, INC. HAS
COMMITTED A MATERIAL BREACH OF THE IMPROVEMENTS AGREEMENT
ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS(Publicly
Maintained Roads) or the ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT (
OFF SITE) AT 3598 COLORADO STATE HIGHWAY 119. SUCH AGREEMENTS DATED
THE12th day of January, 1998 BY AND BETWEEN THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF WELD".
CC: bbarker
980052
• parp MEMORANDUM
TO: Todd Hodges, Current Planner II DATE: November 17, 1997
CFROM: Don Carroll, Project Administrator 1fff;
•
COLORADO SUBJECT: S-431; Western Dairymen PUD
Road Improvements Agreement (Off-site)
State Highway 119 Agreement (Off-site)
I have reviewed the Road Maintenance Improvement Agreement (Off-Site) which was submitted by Western
Dairymen (Pickett Engineering). All of the pertinent items in Exhibit A have been reviewed and the unit costs have
been verified as being reasonable. Under Street Signs in the Miscellaneous Section, I would recommend
installation of a stop sign at WCR 7Y2 and State Highway 119 be included.
The applicant needs to include Exhibit B, the time line portion of the Improvements Agreement.
A copy of the agreement needs to be sent to Lee Morrison, the Assistant County Attorney, prior to scheduling.
Also, a copy of the State Highway 119 Agreement (Off-site) should be sent to Tess Jones at the Greeley Office
of the Colorado State Highway Department.
Once the attorney and Ms. Jones have reviewed the Road Maintenance Improvement and State Highway
Agreement, the Weld County Public Works Department is comfortable with scheduling this agreement.
cc: Commissioner Harbert
S-431
plan16
980032
01/06/1998 14:56 356-6496 PICKETT ENGINEERING PAGE 03
DECLARATION OF COVENANTS,CONDITIONS,AND RESTRICTIONS
1. DECLARATION: This declaration is made on this day of
1997,by WESTERN DAIRYMEN COOPERATIVE, INC., 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 3598 ITighway 119, located in the
West one-half of Northeast one quarter and east one half of northwest one quarter of
Section 10, Township 2 North, Range 68 West of the 611'P.M., Weld County,
Colorado,which is hereinafter►efialed 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 unincorporated 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 common 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 "Permittee" 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" or"Recording" shall interchangeably mean the filing
01/06/98 15:03 TX/RX NO.9633 003
S8(�05?
for public record of any cocument in ne othee ox a e eix 8mC.. ".cv eer
Weld County, Colorado.
4. ASSOCIATION:
4.1 FORMATION: The developer shall 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 shall also have all
enforcement rights retained by the Declarant and/or held by each Owner with
respect to enforcing the provisions of the covenants, design guidelines and/or
rules and regulations.
01/06/98 15:03 TX/RX NO.9633 bg300t •
01/06/1990 14:56 356-6486 PICKETT ENGINEERING PAGE 04
t
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.
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 conform to this Declaration, the Design Guidelines and the Rules and
Regulations.
5.2 ACC APPROVALIDESIGN 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 Hill
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 signage identifying
the Property; and of other improvements fix 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 attorneys 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 permittees 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. lithe 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
m_ ay require appropriate screening, including, fencing, scrubs, hedges or other
01/06/98 15:03 TX/RX NO.9633 9810967
:odage, toettectve} s.:$eer ^"v; � seas eencec.
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,
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01/06/1998 14:56 356-6486 PICKETT ENGINEERING PAGE 05
•
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, access
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
weeds, 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 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 building.
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. AU 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
01/06/98 15:03 TX/RX NO.9633 P.005
960052
or etnet appropriate agencies any expenses mcurreu uy aria au uuiet
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
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01/06/1998 14:56 356-6486 PICKETT ENGINEERING PAGE 06
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
teens 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 LAND/ABATEMENT: 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 Pertnittee 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 fill 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
(10)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 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
01/06/98 15:03 TX/RX NO.9633 c-
ngms, '':'xQWc.,S •cd:.v .SCE"Va'„c^%}5-'i.:.JcG1ata3T'L aereir ccnitawec. may
be assigned by Declarant, in whole or in part,to any person, corporation or
association, including the ACC. If and 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,
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01/06/199B 14:56 356-6486 PICKETT ENGINEERING PAGE 07
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 herein, 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 ftrrther 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 be submitted to arbitration in
Colorado,by , 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 1)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:
BY: BY:
ATTESTED
01/06/98 15:03 TX/RX NO.9633 980052
DESIGN GUIDELINES
INTRODUCTION:
THE DEVELOPERS HAVE MADE A STRONG COMMITMENT TO ENSURE THAT WESTERN
DAIRYMEN COOPERATIVE, INC. IS DEVELOPED TO MAXIMIZE A CAMPUS-LIKE
ATMOSPHERE TO THE ENTIRE DEVELOPMENT. THE INTENT IS THESE GUIDELINES IS
MERELY A STARTING POINT FOR THE ARCHITECTURAL CONTROL COMMI I FEE 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.
1. SITE DEVELOPMENT:
a) Grading and drainage plans will be reviewed by the ACC before any work is
started. Grading will be 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 chainlike type fencing is
needed for security or other reasons, it will be covered by materials approved by
the ACC.
2. 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
covering 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.
VARIANCES: C
No owner nor developer of any lot shall apply to the County for any variance in use or 0
construction without prior approval of the ACC. The ACC may authorize variances from at)
tones to harmonize with the other structures in tle development. '
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 property and particular
provision hereof covered by the variance, nor shall it affect in any way the owner's
obligation to comply with all governmental laws and regulations affecting use of a lot.
7. SETBACKS:
All setbacks will be in accordance with the Weld County restrictions or those imposed by
the ACC.
8. 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.
9. 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.
10. 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:
BY: BY:
West n Dairy en Cooperative, Inc.
Gregory G. Y ndo
Chief Executive Officer 980052
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