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VISTA COMMERCIAL CENTER
PLANNED UNIT DEVELOPMENT APPLICATION
AND FINAL PLAT
WELD COUNTY, COLORADO
Horizon Investments, LLC.
1835 Faith Place
Longmont, CO 80501
September, 1996
Prepared By:
Pickett Engineering Company
822 7th Street, Suite 210
Greeley, CO 80631
(970) 356-6362
970398
Vista Commercial Center Final PUD Narrative
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 inguestion.ltas 4_E_
previously received approval for change of zone..from.agriculturallo 171.andC-331ses•
The-pi-erect has also received review and approval for sketch plan from which the Final 2 t i'
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
way 119 to the north. The
uthern
In—addition, along theeastern border is the Baldridge PUD, a trucking maintenan a and
ofthepropertyis.bopndpd Inc!** and the.City of Longmont landfill(inactive).
d
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 first phase being contemplated_with this
submitted.ltackage, Phase I extends approximately from Weld County Road 3 1/2 east to
Weld County Road 5 and consists of 76.22 acres and will develop 39 lots which range in
size from 1/2 acres to slightly over 3 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. IZ c'ntt
Access/Road System
The Vista Commercial Center will be accessed from State Highway 119. Primary access
for Phase I will be at Weld County Road 3 1/2, with the second access at Weld County
Road 5. Once Phase II is developed, there will be additional access at Weld County Road
3. At this time the plansinclude improvements to State Highway 119 in the form of
acceleration and deceleration.lanes at Weld County Road 3 1/2 and,Weld County Road 5,
in addition, both locations will be improved to allow for westbound left turn movements
into the Vista Commercial Center. Internally, the site will extend Weld County Road 3
1/2 approximately 1/4 mile and Weld County Road 5 approximately 1/8 mile. These
streets will be connected by two internal 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 December 22, 1995 and updated according to a
letter from Terracon, dated August 14, 1996. These are found in Attachment "B".
970398
Plans that reflect the details about improvements to State Highway 119 have been
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. 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 Proyerfyt 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 Designarridtlinss. 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 September 3, 1996, prepared by
Pickett Engineering Company. This report can be found in Attachment "D".
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
9'70398
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 "P'.
Construction Schedule
Construction schedule will be dependent upon the approval plan. General construction is
expected to begin in the Spring of 1997 and complete for the infrastructure of Phase I by
the Summer of 1997. A more detailed construction schedule is provided in Exhibit "I".
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" -- Tide 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
970393
EXHIBIT "A"
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 Application Fee:
Zoning District Receipt Number
Date 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 concerning 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.)
PARCEL NUMBER: 1 3 1 3 0 8 0 0 0 0 4 L(12 digit number found on Tax I.D. Information or obtained in
the Assessor's Office.
NAMEOFPROPOSEDPUDSUBDIVISION Vista Business Park
EXISTING ZONING I-1 & C-3 NO.OF PROPOSED LOTS 38
TOTAL AREA (ACRES) /6.22 LOT SIZE: AVERAGE 1.40 AC MINIMUM 0.b3 Ac
UTILITIES: WATER: NAME Left Hand Water District
SEWER: NAME St. Vrain Sanitation District
GAS: NAME Pithlic Service Company
PHONE: NAME IIS Wect
ELECTRIC: NAME (frlitad bowor Cnmpdny
DISTRICTS: SCHOOL: NAME St. Vrain choo District
FIRE: NAME Mnuntain View Fire Prntettinn
DESIGNER'S NAME PHONE
ADDRESS PHONE
ENGINEERS NAME Pickett Engineering Cori-many PHONE
ADDRESS 822 7th St Ste 21n, Greeley CO 80R31 PHONE 970/356-6362
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR PUD REZONING:
NAME: Horizon Investments LLC HOME TELEPHONE: 303/776-2929
ADDRESS: 1835 Faith P1ace
Longmont CO 80501 BUS.TELEPHONE: 303/776-3200
NAME: Russel l Stacey (Managing Partner) HOME TELEPHONE:
ADDRESS:
BUS.TELEPHONE:
APPLICANT OR AUTHORIZED AGENT (if different than above):
NAME: HOME TELEPHONE:
ADDRESS:
BUS.TELEPHONE:
OWNER(S) AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES OF
RECORD IN THE WELD COUNTY ASSESSOR'S OFFICE:
NAME: Patina Oil & Gas Ctyporation
ADDRESS: ROd Grand Avenue Platteville CO RO61
NAME:
ADDRESS:
Signature: Ow or Author ed Agent
Revised: 3-28-96
25
970398
EXHIBIT "B"
OWNER POLICY NO. 06-0029-106-324
SCHEDULE A
Amount of Insurance: Date of Policy: RE: Our Order No. :
$1,086,874.74 JULY 20, 1995 CO33556A
7:00 A. M.
1. Name of Insured:
HORIZON INVESTMENTS, LLC
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.
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970399
OWNER POLICY NO. 06-0029-106-324
SCHEDULE 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
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 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 N1/2 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 NW1/4 of Section 8 to bear South 88°18'18" 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 goint 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 081 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 decribed 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 curve 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 angle
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, 260.00 feet to the Southeast
corner of a parcel described in Weld County 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 central angle is 00 27'45", radius is 5603.23 feet and whose
long chord bears South 85°O1'21" East, 45 .22 feet to another curve; thence
along another noncontinuous curve to the left whose central angle is
00°01'30", radius is 34,377.47 feet and whose long chord bears south 85°13'46"
East, 14.97 feet to the East line of Section 8 from whence the Northeast
CONTINUED NEXT PAGE
9'70393
SCHEDULE 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 N1/2 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 NW1/4 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, said 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
Right-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.
970398
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 THE
PARCELS SITUATE SOUTH OF THE NEW STATE HIGHWAY NO. 119-FEDERAL AID PROJECT NO. S
0119 (15) SITUATE ON THE NORTH 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 THE 6TH P.M.
ALSO THE WEST EDGE OF THE NW1/4 OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 68 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 BOOK 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
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970398
SCHEDULE B CONTINUED
C033556A
11. Notice of Oil and Gas Lease from GREAT WESTERN SUGAR COMPANY to ('ai,VIN 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 feet; thence
South 89°35'19" East, parallel with the North line said parcel of land described 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 right 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 Book 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 BOOK 662 AS RECEPTION NO. 1584447. (Parcels 1 & 2)
17. Deed of Trust from HORIZON INVESTMENTS, LLC (COLORADO LIMITED LIABILITY COMPANY) to
the Public Trustee of Weld County for the use of THE FIRST NATIONAL BANK OF
LONGMONT, 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 $500, 000.00 dated JULY 17, 1995 and recorded JULY 19, 1995 in BOOK 1502 as
RECEPTION NO. 2447117.
CONTINUED NEXT PAGE
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970399
/ SCHEDULE B CONTINUED
Y^'
Countersigned by w ` � -��g,hrr as Authorized Signatory
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970398
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 Horizotpb ,r, LLC.
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970398
EXHIBIT "F"
VISTA COMMERCIAL CENTER
DECLARATION OF COVENANTS, CONDITIONS, AND
RESTRICTIONS
al 1. DECLARATION: This declaration is made on this day of 3 1996,by
HORUZION INVESTMENTS,LLC, a Colorado LIMITED LIABILTY CO 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 conunittee
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 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"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 formed, 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.
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.
970398
EXHIBIT "F"
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 tot shall be.altnwed
prior.to the twentieth anniversary.of_thurecordingnitbese.Coxcnants.withoutthe-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 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 signage 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 pennittees 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. ff 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 other 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 govertunental 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,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
970395
EXHIBIT "F"
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
1inreasonable 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.
L5.14/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 otherlotsyvithoutthe.prior wntten_disretionary 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 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
Permittee 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(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
9'70398
EXHIBIT "F"
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. 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.
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 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 be 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 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:
HORIZON INVESTMENTS, LLC
1835 FAITH PLACE
LONGMONT,CO 80501
BY BY: I , C.
LYL EHNING N. RUSE L STACEY 7
ATTESTED
State of Colorado,County of Boulder,ss.
On this 9t day of September,1996,before me,Marvin L.Dyer,
the above-signed officers,personalty appeared LYLE DRAINING 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 I hereunto set my hand and official seal. ..
A
//`T.T.Dyer 970398
Notary ary u Public
My commission expires January 17,1997.
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.
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.
970398
Page 1 of 15
EXIIIBIT "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 Conunissioners that the road facilities providing
Page2of 15
970399
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 97039S
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
Page4of 15
970398
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
970399
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 970399
EXFIIBIT "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 P1R)
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
970398
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 day 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 9703.98
EXHIBIT "G"
APPROVED AS TO FORM:
County Attorney
APPLICANT: Horizon Investments,LLC
2 / / 17 c-
/BY: C.w1.1.1 r X'r7 7 /C i.ci1
(title) f� ? i
SUBSCRIBED AND SWORN to before me this (p �� day of E i� `Z� f� 1996.
WITNESS my hand and official seal. —spRY P�B��h
��// N Public ° heal 1 i
My commission expires: 7�9/OfJ Wo1� ;Opp
1,t\eOF CO`-Q?,:
`(O..,
Page 9 of 15 970398
EXHIBIT "G"
EXHIBIT"A"
Name of Subdivision: VISTA COMMERCIAL CENTER
Filing:
Location: S1/2 of S.5 &N1/2 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, soil 19 Acres $750.00 $14,250.00
removal
On-site placement, compaction 65000 C.Y. $1.25 $81,250.00
Off-site imported, hauled in, compaction 0 C.Y. $0.00
Off-site disposal 0 C.Y. $0.00
Topsoil (excavate, stockpile, respread) 16000 C.Y. $3.75 $60,000.00
Rock Excavation
Rippable rock 0 C.Y. $0.00
Blasting 0 C.V. $0.00
Soil Stabilization 0 S.Y. $0.00
Sub-total $155,500.00
Storm Drainage
Erosion control system 76 Acres $1,000 $76,000.00
Storm Sewer
18" RCP 115 L.F. $19.00 $2,185.00
24" RCP 180 L.F. $25.00 $4,500.00
30" RCP 445 L.F. $31.00 $13,795.00
36" RCP 630 L.F. $39.00 $24,570.00
42" RCP 1055 L.F. $45.00 $47,475.00
48" RCP 70 L.F. $51.00 $3,570.00
Drainage Structures
Flared end sections 19 EACH $1,000 $19,000.00
Curb Inlet 2 EACH $2,000 $4,000.00
Grated Inlet 0 EACH $0.00
Manhole 7 EACH $1,200 $8,400.00
Area Inlet 0 EACH $0.00
Concrete Flume 0 S.F. $0.00
Headwalls 6 EACH $1,000 $6,000.00
Rip Rap 800 S.Y. $20.00 $16,000.00
Other items... $0.00
Sub-total $225,495.00
Page 10 of 15 970398
EXIIIBIT "G"
Landscaping Quantity Unit Unit Cost Total
Pathways 1 Lump Sum $50,000 1 $50,000.00
signs 1 Lump Sum $45,000 $45,000.00
Entrance improvements- pond,fountain 1 Lump Sum $50,000 $50,000.00
Irrigation-pond, pump, distribution 1 Lump Sum $105,000 $105,000.00
Landscaping-plants, soil prep., lawns 1 Lump Sum $150,000 $150,000.00
Sub-total $400,000.00
Miscellaneous
Retaining Walls 0 Sq. ft. face $0.00
Slope stabilization 0 C.Y. $0.00
Pond capping (draining& filling) 0 Lump Sum $0.00
Demolition 1 Lump Sum $5,000.00 $5,000.00
Sub-total $5,000.00
SITEWORK TOTAL $785,995.00
UTILITIES
Water extension
Water Mains
8" DIP cl. 52 6900 L.F. $20.00 $138,000.00
6" DIP cl. 52 420 L.F. $15.00 $6,300.00
Backflow Preventor (incl.vault) 2 EACH $3,750 $7,500.00
Fire Hydrant 11 EACH $1,200 $13,200.00
Water services 11 EACH $350 $3,850.00
Wet tap ex. 16" with 12" 2 EACH $3,500 $7,000.00
Jack, bore, and case (12" main) 400 L.F. $185.00 $74,000.00
Water Meter 1 EACH $1,500 $1,500.00
Sub-total $251,350.00
Sanitary Sewer
Sewer Mains
10" PVC-SDR35 4'-12' 735 L.F. $15.00 $11,025.00
deep
8" PVC-SDR35 4'-12' 2615 L.F. $12.00 $31,380.00
deep
12'-14' deep 610 L.F. $13.00 $7,930.00
14'-16' deep 790 L.F. $14.00 $11,060.00
16-18' deep 1145 L.F. $16.00 $18,320.00
4' diameter precast concrete manhole
4'-12' deep 12 EACH $900 $10,800.00
12'-14' deep 1 EACH $1,000 $1,000.00
14'-16' deep 2 EACH $1,100 $2,200.00
16-18' deep 3 EACH $1,250 $3,750.00
Dewatering (allowance) 3000 L.F. $5.00 $15,000.00
6" PVC-SDR35 (services) 40 EACH $350.00 $14,000.00
Clean outs 0 EACH $0.00
Grease traps 0 EACH $0.00
Page 11 of 15
970398
EXHIBIT "G"
Adjust existing Manholes 1 EACH $500.00 $500.00
Sub-total $115,940.00
Extensions Quantity Unit Unit Cost Total
Electric Service 40 EACH $650 $26,000.00
Telephone Service 40 EACH $400 $16,000.00
Gas Service 40 EACH $450 $18,000.00
Electric Transformer 1 Lump Sum $2,000 $2,000.00
Sub-total $62,000.00
UTILITIES TOTAL $429,290.00
PAVING
Paving
8" full depth asphalt 15540 S.Y. $10.00 $155,400.00
8.5" full depth asphalt 3350 S.Y. $11.00 $36,850.00
3" asphalt shoulder 2455 S.Y. $5.00 $12,275.00
aggregate shoulder 3255 S.Y. $3.50 $11,392.50
Temporary aggregate drive 1600 S.Y. $3.50 $5,600.00
Sidewalks (5'1 5500 L.F. $10.00 $55,000.00
Curb and gutter 2600 L.F. $6.50 $16,900.00
Striping&signage 1 Lump Sum $20,000 $20,000.00
Sub-total $313,417.50
PAVING TOTAL $313,417.50
OFF SITE IMPROVEMENTS
State Highway 119 improvements
Full depth asphalt saw cut 5340 L.F. $2.00 $10,680.00
8.5" asphalt pavement 4900 S.Y. $15.00 $73,500.00
Thermoplastic stripping 6100 L.F. $1.00 $6,100.00
Earthwork 4800 C.Y. $5 $24,000.00
Drainage 1 Lump Sum $5,000 $5,000.00
Traffic control 45 Days $1,500 $67,500.00
Creek Relocation 0 Lump Sum $0.00
Traffic signal 0 Lump Sum $75,000 $0.00
Demolition and cleaning pipes 1 Lump Sum $5,000.00 $5,000.00
Sub-total $191,780.00
OFF-SITE IMPROVEMENTS TOTAL $191,780.00
MISCELLANEOUS
Contingencies 5 Percent $1,720,483 $86,024.13
Testing 1.5 Percent $1,720,483 $25,807.24
Staking 2 Percent $1,720,483 $34,409.65
Contractor Overhead and Profit 8 Percent $1,720,483 $137,638.60
Permit fees 1 Lump Sum $10,000.00 $10,000.00
MISCELLANEOUS TOTAL $293,879.61
GRAND TOTAL $2,014,362.11
Page 12 of 15 970398
EXHIBIT "G"
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: $2,014,362.11
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County,or its duly authorized
agent.
Said improveme s shall be com ete according to the construction schedule set out in Exhibit"B".
1,1
(In corporation,to be signed by President and attested to by Secretary,together with corporate seal).
Date: S y (et , 19'Y,6 .
Page 13 of 15 970398
EXHIBIT "G"
EXHIBIT`B"
Name of Subdivision: VISTA COMMERCIAL CENTER
Filing:
Location: S1/2 of S.5&N1/2 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.
Construction of the improvements listed in Exhibit"A"shall be completed as follows:
Improvements Time for Completion
Site grading 8/1/97
Street base 8/1/97
Street paving 9/1/97
Curbs,gutters,and culverts 8/15/97
Sidewalk 9/1/97
Storm sewer facilities 8/1/97
Retention ponds 8/1/97
Ditch improvements NA
Subsurface drainage 8/1/97
Sanitary sewers 8/1/97
Trunk and forced lines NA
Mains 8/1/97
Laterals(house connected) NA
On-site sewage facilities NA
On-site water supply and storage NA
Water mains 8/1/97
Fire hydrants 8/1/97
Survey&street monuments&boxes 9/1/97
Street lighting 10/1/97
Street name signs 10/1/97
Fencing requirements NA
Landscaping 10/1/97
Park improvements 10/1/97
Telephone 10/1/97
Gas 10/1/97
Electric 10/1/97
Water Transfer NA
SUBTOTAL:
970398
Page 14 of 15
EXIIIBIT "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.
10 112_4..4 "C
(In corporation,to be signed by President and attested to by Secretary,together with corporate seal).
Date: ) !- C , 19 !t% .
Page 15 of 15 970398
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.
970398
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 :
[Project #1 [Parcel #7 (location of line)
S-SU 0072 (2) 32 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,R68W 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 QUARTER 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
970398
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 FEET, A
DISTANCE OF 30.07 FEET(THE CHORD OF THE ARC BEARS SOUTH 85'40'37"EAST, 30.07 FEET)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 SECTION 8,T2N,R68W OF THE 6th P.M.,WELD COUNTY,COLORADO AND THE NORTH
QUARTER CORNER OF SECTION 8 AS BEARING SOUTH 88'55'30"EAST.
CEss WP= 970398
EXHIBIT "I"
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 known 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.
3. 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,
970398
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-turn 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.
B. 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.
C. 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.
4. 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-turn 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 II.
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.
5. 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
970398
•
by law. Should this Agreetnent, or any portion thereof,be found to be void or voidable for
the reason that it binds the Board of County Comrrussioners fot more than a one year
period of time,this contract shall be 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
for each phase of the off-site improvements will be proposed by the Developer pnor to
filing of the final plat.
7. Addresses of the parties are as follows:
•
Weld County Board of County Commissioners
915 Tenth Street(PO Box 1948)
Crreeley CO 80632
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,
iegistered agent, or change of ownership.
1N 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
_
Chairman
A LEST:
Weld County Clerk and Recorder
and Clerk to the Board
By: _._
Deputy Clerk
•
HORIZON INVESTMENTS.LLC
1835 Faith Place
Lamm_ ont CO)0501
By )�,/[/ Vic•
..
`
ATTEST:
Byr
970399
VISTA COMMERCIAL CENTER 13-Sep-96
WELD COUNTY, COLORADO
ESITMATE OF PROBABLE COST
ITEM QUANTITY UNITS UNIT PRICE EXTENSION
STATE HIGHWAY#119 IMPROVEMENTS
Full depth asphalt saw cut 5340 L.F. $2.00 $10,680.00
8.5" asphalt pavement 4900 S.Y. $15.00 $73,500.00
Thermoplastic stripping 6100 L.F. $1.00 $6,100.00
Earthwork 4800 C.Y. $5 $24,000.00
Drainage 1 ump Su $5,000 $5,000.00
Traffic control 45 Days $1,500 $67,500.00
Creek Relocation 0 ump Sum $0.00
Traffic signal 0 ump Su $75,000 $0.00
Demolition and cleaning pipes 1 ump Su $5,000.00 $5,000.00
STATE HIGHWAY#119 IMPROVEMENTS TOTAL I $191,780.00 l
EXHIBIT NO.1
TO
ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT
9'70398
EXHIBIT "F'
CONSTRUCTION SCHEDULE
The Final PUD Plan presented herein relates to Phase I of the Vista Commercial Center.
As previously mentioned, it consists of approximately 76 acres, and delineates thirty-nine
1/2-acre to 3-acre lots for an I-1 and C-3 uses. The owners and developers of the
development propose to begin construction within 90 days of Final PUD approval, and the
anticipated construction will take 120-180 days to complete. 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 I, 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 1/2
and Weld County Road 5, and associated improvements to State Highway 119 will also
occur.
At this time, it is not expected that Phase I 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 9.1 acres, and will be maintained by the Property Owners Association.
970398
EXHIBIT "K" ///
PICKETT ENGINEERING COMPANY q/a
210 Bank One Plaza, 822 7th Street, Greeley Co 80631
August 7, 1996 / 'R(S "
Dan Grant, Secretary d N f
Oligarchy Ditch Company
PO Box 1159
Longmont CO 80502-1159
Dear Mr. Grant:
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 Highway 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 nigation_
water will be used.for.laluiscapiag irtigatiun on one half of the she and for,clop irrigation
on the other half of the site.. After final development of the properly,this water will
continue to be used for landscaping irrigation.
Currently the lateral consists of a pipe which outlets into a ditch on the property. During
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,
Ken Armfield, E.LT.
cc: PEC TM119
Phone 970/356-6362 • Fax 970/356-6486 970398 0398
EXHIBIT "0"
PICKETT ENGINEERING COMPANY
210 Bank One Plaza, 822 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 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 similar 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.
970398
0398
Phone 970/356.6361 • Fax 970/356-6486
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
--7 ,ii oefAtro if
Ken Armfield, E.LT.
KA/bc
910398
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EXHIBIT "P"
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.
1. 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 chainlink 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.
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 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.
970398
EXHIBIT "P"
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: BY:
-�-�Ya.cc� !, C_ral
LYLE DEHNING N.RUSSELL STACEY
ATTESTED:
State of Colorado, County of Boulder, ss.
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 I hereunto set my hand and official seal.
arvin L. Dyer
Notary Public
My commission expires January 17, 1997.
970398
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