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Home My WebLink About20241853.tiffRESOLUTION RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT COLLATERAL FOR FIRST AMENDMENT TO SITE PLAN REVIEW PERMIT, 1AMSPR23-03-362 - HENRY FRANK, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on January 3, 2024, the Department of Planning Services conditionally approved the application of Henry Frank, LLC, 8993 Audubon Court, Niwot, Colorado 80503, for a First Amendment to Site Plan Review Permit, 1AMSPR23-03-362, for a Distribution Center in Vista Commercial Center in the PUD (Planned Unit Development) Zone District on the following described real estate, to wit: Lot 3, Block 1 Vista Commercial Center 1st Filing; being part of the NE1/4 of Section 8, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, the Board of County Commissioners has been presented with an Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Henry Frank, LLC, with further terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with project collateral procured in the form of Performance Bond #7445737, issued by the Old Republic Surety, P.O. Box 1635, Milwaukee, Wisconsin 53201, in the amount of $109,056.88, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Performance Bond, as stated above, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements and Road Maintenance Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Henry Frank, LLC, be, and hereby is, approved. cc:vLaR/►-+N/DA(DA/STM/►CR./Ma/Hu) 08/1°1/�y 2024-1853 PL2520 IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT (1AMSPR23-03-362) - HENRY FRANK, LLC PAGE 2 BE IT FURTHER RESOLVED by the Board that project collateral in the form of Performance Bond #7445737, issued by the Old Republic Surety, P.O. Box 1635, Milwaukee, Wisconsin 53201, in the amount of $109,056.88, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of July, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNT ATTEST: :ok Weld County Clerk to the Board Brn.u0m (x)] (J6 Deputy Clerk to the Board APP' • ED AS ounty At ey Date of signature: 1/15 /2'14 Kevin D. Ross, Chair erry ck, Pro-Tem Freeman Saine 2024-1853 PL2520 L. B C o v‘Is c a_ cit_� 83sM BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item - Approve Onsite Improvements Agreement for: Henry Frank, LLC — 1AMSPR23-03-362 DEPARTMENT: Planning Services DATE: June 4, 2024 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Planning Services received a request from the applicant, Henry Frank, LLC, requesting that the Board of County Commissioners consider approving the Onsite Improvements Agreement for (1AMSPR23-03-362). Project Collateral in the amount of $109,056.88 is required with this agreement. Project Collateral has been procured in the form of Performance Bond #7445737 issued by Old Republic Surety of P.O. Box 1635, Milwaukee, Wisconsin 53201. Weld County Planning Services, Public Works, and the County Attorney's Office have reviewed the above mentioned signed original document and observed the following: All Public Works related items, of the "Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements", are found to be acceptable. This Agreement complies with the terms of the Amended Site Plan Review Permit conditional approval, as signed by the Director of Planning Services. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. 3. Have this BOCC Hearing item not placed on the next available agenda as neither part of the Consent Agenda nor the Regular Agenda. Consequences: • New development can pay their way for their impacts on the County Roadways, or the County will be required to cover the costs of the new development's impacts on the roadways. Impacts: • New development with high traffic volumes impacts the County Road systems and causes wear and tear more quickly than normal traffic volumes. Costs (Current Fiscal Year I Ongoing or Subsequent Fiscal Years): • New development will pay their proportional share of repairs and upgrades completed by the County and the County will not be required to have a share in any improvements required if new development meet any future traffic triggers. Recommendation: Option 2. The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For Improvements for 1AMSPR23-03-362, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. Support Recommendation Schedule Place ocyf OCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Saine VtL 2024-1853 743 PL252b Karla Ford From: Sent: To: Cc: Subject: Yes - I support - thanks! ** Sent from my iPhone ** Scott James Wednesday, June 5, 2024 12:49 PM Karla Ford Lori Saine Re: Please Reply - BOCC PA REVIEW - 1AMSPR23-03-362 — Henry Frank Scott K. James Weld County Commissioner, District 2 1150 0 Street, P.O. Box 758, Greeley, Colorado 8O632 97O.336.72O4 (Office) 97O.381.7496 (Cell) Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. On Jun 5, 2O24, at 12:36 PM, Karla Ford <kford@weld.gov>wrote: Please advise if you support recommendation and to have department place on the agenda. Karla Ford gi Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford(a�weldgov.com :: www.weldgov.com **please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** <image002. jpg> Confidentiality Notice; This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipi&nt is strictly prohibited. 1 IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Henry Frank, LLC — 1AMSPR23-03-362 THIS AGREEMENT is made this 2'I day ofr1 , 202 LA, by and between Henry Frank, LLC, a limited liability company organized under the laws ofthe State of Colorado, whose address is 8993 Audubon Court, Niwot, Colorado 80503, hereinafter referred to as "Property Owner," authorized to do business in the State of Colorado, and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Property Owner is the owner of the following described property in the County of Weld, Colorado: Lot 3, Block 1 Vista Commercial Center 1st Filing, being part of the NE1/4 of Section 8, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, Property Owner has received the Director of Planning Services conditional approval of lAMSPR23-03-362 for a distribution center in Vista Commercial Center in the PUD Zone District, and WHEREAS, Property Owner acknowledges that the final approval of IAMSPR23-03-362 is conditional upon Property Owner's funding and construction of the on -site and off -site improvements described in this Agreement and depicted in the following incorporated exhibits: Exhibit A-1 — Off -Site Improvements Costs of Construction, Exhibit B-1 — Off -Site Improvements Construction Schedule, Exhibit A-2 — On -Site Improvements Costs of Construction, Exhibit B-2 — On -Site Improvements Construction Schedule, Exhibit C — Construction Plans, Exhibit D — Plat Map (recorded simultaneously with this Agreement), and WHEREAS, Property Owner acknowledges no building permits will be issued for any lot described in IAMSPR23-03-362 until said improvements have been completed and accepted by County, and WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code Sec. 24-5-90 and 24-6-80, if no construction has begun or no use established within three (3) years of the date of the approval of the final plan or plat, the Board of County Commissioners may require the Property Owner to appear before it and present evidence substantiating that the development has not been abandoned, and that the Property Owner has the willingness and ability to continue development, and WHEREAS, the parties agree that the Property Owner shall provide collateral for all on -site and off -site improvements required by this Agreement when the Board of County Commissioners approves this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant, and agree as follows: Henry Frank, LLC — IAMSPR23-03-362 - ONSIA24-0002 Page 1 of 11 PART I: SITE SPECIFIC PROVISIONS A. Off -Site Improvements: The Property Owner shall be responsible for the construction of certain off -site safety improvements required by the Board of County Commissioners, which may include, but are not limited to construction of adequate turning radii of sixty-five (65) feet at the main entrances and exits which extend into county road ROW connecting to the county road system, and off -site drainage and signage installations, as indicated on the accepted Exhibits. On -Site improvements that create more run-off than the historical amount may require off -site drainage improvements to roads and ROW. Additional Off -Site Improvements to be constructed prior to operation are: 1. Design and construct the approved, upgraded access point intersection with Vista View Drive. Providing all construction materials and meeting the Weld County Code specifications and CDOT specifications for Road and Bridge Construction, beginning with a county approved tie-in at the approved site access and Vista View Drive. 1.0 Road Improvements Responsibilities. Property Owner is solely responsible for all the off -site designated improvements. These responsibilities may include but are not limited to the following: design, surveys, utility locates, acquisition of ROW, if necessary, dedication of ROW, if necessary, ROW and Access Permits and fees, coordination with oil and gas operators and facilities and affected irrigation facilities, and utilities, traffic control, and project safety during construction. Property Owner shall obey all applicable regulations issued by OSHA, CDOT, CDPHE, and other federal, state, or county regulatory agencies. 2.0 Cost of Construction Exhibit. The cost of construction estimates (engineer's estimate) as identified in Exhibit A-1 detail the costs used in determining the collateral requirement for the off -site improvements related to the development. A registered Colorado Engineer must sign and stamp the construction cost exhibit on Exhibit A-1. If more than three (3) years have passed since the last construction cost estimate was provided, the Property Owner shall provide an updated construction cost estimate prior to the start of construction. 3.0 Construction Schedule Exhibit. Exhibit B-1 is provided by the Property Owner indicating the ▪ construction schedule for all off -site improvements, including an anticipated completion date. Property MO Owner shall not commence construction of any improvements, record plat, or receive any permitting prior ▪ to approval of the of this Agreement, the attached Exhibit C. receipt of the appropriate Grading Permit, Access Permit, and/or ROW Permit, if applicable. Property Owner shall substantially complete all improvements in accordance with Exhibit B-1 in order to request the warranty period begin. In the event r that the construction schedule is not current, the Property Owner shall submit a revised construction zam -0 schedule. 4.0 Off -site Improvements Collateral. As required, collateral is accepted and released by the Board of ei County Commissioners pursuant to the Weld County Code. Additional information about collateral is 1-3 outlined in Part II.B of this Agreement. LL U 5.0 As -Built Plans. "As -built" plans shall be submitted at the time the letter requesting release of ma k collateral is submitted or once the Property Owner has completed improvements as described in Part II.B, aM @ Subsection 3.2.3, of this Agreement. Property Owner shall also provide an electronic copy of the as -built mZi drawings. The as -built drawings shall be stamped, signed, and dated by a licensed and registered N arm Professional Land Surveyor or Professional Engineer. 23go th�Y� NN a� m Henry Frank, LLC — I AMSPR23-03-362 - ONSIA24-0002 Page 2 of 11 B. On -Site Improvements: Property Owner shall be responsible for the construction of all On -Site Improvements as shown on the accepted Exhibits of 1AMSPR23-03-362. Improvements located on the Property shall be considered "On -Site Improvements." Additional On -Site Improvements to be constructed prior to operation are: 1. Construct the approved landscape plan. Providing all materials and meeting the Weld County Code specifications. 2. Construct the approved parking lot expansion. Providing all construction materials and meeting the Weld County Code specifications. 1.0 On -Site Improvements Responsibilities. Property Owner is solely responsible for all designated improvements. These responsibilities include but are not limited to the following, as applicable: design, surveys, utility locates, dedication of ROW, if necessary, ROW acquisition, if necessary, ROW and Access Permits and fees, coordination with oil and gas operators and facilities and affected irrigation facilities and utilities, traffic control, and project safety during construction. Property Owner shall at its own expense, plant, install and/or maintain all grass and other landscaping and re -seeding where applicable as shown on the accepted Exhibits. Additionally, the Property Owner shall install and/or maintain fencing to screen the property where applicable as indicated on the accepted Exhibits. Property Owner shall obey all applicable regulations issued by the Occupational Safety and Health Administration (OSHA), Colorado Department of Transportation (COOT), Colorado Department of Public Health and Environment (CDPHE), and other Federal, State, or County regulatory agencies. 2.0 On -Site Grading, Drainage Facilities and Paving. Property Owner shall, at its sole expense, grade and/or pave, if applicable, specified roadways, accesses, easements, and parking areas, and install accepted drainage and signage components, adjacent to or within the interior portion of the property in accordance with the directives of the Weld County Department of Public Works and Department of Planning Services, as further described in the accepted Exhibits. Any other on -site improvements shall be completed as indicated on the accepted Construction Plans for this facility. Property Owner shall be responsible for all maintenance of the on -site improvements. Some of these improvements may include work extending into State or County ROW in which case a ROW or access permit is required. 3.0 Cost of Construction Exhibit. If applicable, A registered Colorado Engineer or equivalent must sign and stamp the construction cost estimate on Exhibit A-2. If more than three (3) years have passed since the last construction cost estimate was provided, the Property Owner shall provide an updated construction cost estimate prior to the start of construction. 4.0 Construction Schedule Exhibit. Exhibit B-2, provided by the property owner indicates the construction schedule for all on -site improvements, including an anticipated completion date. Property Owner shall not commence construction of improvements prior to approval of this Agreement, including the attached Exhibits, and receipt of the appropriate Grading Permit, Access Permit, and/or ROW Permit, if applicable. Property Owner shall substantially complete all improvements in accordance with Exhibit B-2 in order to request the warranty period begin. In the event that the construction schedule is not current, the Property Owner shall submit a revised construction schedule. 5.0 On -site Improvements Collateral. Collateral is accepted and released by the Board of County Commissioners pursuant to the Weld County Code. In order to receive partial or full release of collateral, Property Owner must contact either the Planning Department who conducts inspections for all on -site improvements, and/or the Public Works Department who conducts inspections for all off -site improvements. If all improvements are determined to be in accordance with this approved agreement, the Henry Frank, LLC -1 AMSPR23-03-362 - ONSIA24-0002 Page 3 of 11 Property Owner may submit either new or revised collateral documentation to the Public Works Department. Then Public Works submits the documentation to the Clerk to the Board's office, for the request to be placed on the BOCC agenda. Additional information about collateral is outlined in Part II.B of this Agreement. 6.0 As -Built Plans. "As -built" plans shall be submitted once the Property Owner has completed improvements as described in Part II.B, Subsection 3.2.3, of this Agreement. Property Owner shall provide an electronic copy of the as -built drawings. The as -built drawings shall be stamped, signed, and dated by a licensed and registered Professional Land Surveyor or Professional Engineer. PART II: GENERAL PROVISIONS A. Engineering and Construction Requirements: 1.0 Engineering Services. Property Owner shall furnish to County, at its own expense, all engineering services in connection with the design and construction of the off -site improvements and all on -site drainage -related structures if required by any Municipal Separate Storm Sewer System (MS4) permit, identified on the accepted Construction Plans according to the construction schedule set forth in the construction schedule exhibits. 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. 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. 2.0 Rights -of -Way and Easements. Before commencing the construction of any off -site improvements herein agreed upon for public ROW or easements, Property Owner shall acquire, at its sole expense, good and sufficient ROW and easements made necessary for the improvements. The County will not exercise eminent domain on behalf of Property Owner. All such ROW and easements for the construction of roads to be accepted by the County shall be conveyed to the County on County -approved forms and the documents of conveyance shall be furnished to the County for acceptance with express written authority of the BOCC and recording. 3.0 Construction. Property Owner shall furnish and install, at its own expense, the improvements (and any drainage -related structures required by any MS4 permit) identified on the accepted Exhibits and shall be solely responsible for the costs listed on the cost of construction exhibits, with the improvements being completed also in accordance with the schedule set forth in the construction schedule exhibits. The Board of County Commissioners, at its option, may grant an extension of the time of completion set forth in construction schedule exhibits stated herein upon application by the Property Owner. Said construction shall be in strict conformance to the plans and drawings accepted by the County and the specifications adopted by the County. 4.0 Testing. Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. If County discovers inconsistencies in the testing results, Property Owner shall employ at its expense a third -party qualified testing company approved by County. Such third party shall furnish the certified results of all such testing to the County. At all times during said construction, the County shall have the right to test and inspect material and work, or to require testing and inspection of material and work at Property Owner's expense. Any material or work not conforming to the approved plans and specifications, including but not limited to damages to property adjacent to the construction plan area shall be repaired, removed, or replaced to the satisfaction of the County at the expense of Property Owner. Henry Frank, LLC — I AMSPR23-03-362 - ONSIA24-0002 Page 4 of 11 5.0 Construction Standards. Design and construction of all off -site improvements shall conform to the current version of CDOT's "Standard Specifications for Road and Bridge Construction" and the Weld County Engineering and Construction Criteria. 6.0 Traffic Control. Prior to any construction in County and/or State ROW, and as a condition of issuance of any ROW or Access Permit, the Property Owner shall submit a traffic control plan for County review. During construction, appropriate safety signage shall be posted in accordance with the then -current version of the Manual of Uniform Traffic Control Devices. B. Collateral: 1.0 General Requirements for Collateral. Property Owner shall provide to County collateral to guarantee all of Property Owner's obligations under this Agreement: (1) Project Collateral is required for completion of certain on -site and all off -site improvements as applicable, as described in this Agreement; and (2) Warranty Collateral is required for all off -site improvements during the two-year warranty period. 1.1 Project Collateral shall be submitted to guarantee completion of certain on -site and all required off -site improvements identified in the Exhibits. Project Collateral must be submitted in an amount equal to 125% of the value of the improvements, as calculated in the cost of construction exhibits. Project Collateral must be submitted at the time of execution of the Agreement, unless otherwise directed by the Board of County Commissioners. In the event that Property Owner fails to adequately complete the required improvements, County may, in its sole discretion, access Project Collateral for the purpose of completing such improvements. It maybe necessary to provide additional collateral in the event the cost estimate is older than three (3) years. NO WORK SHALL COMMENCE UNTIL PROJECT COLLATERAL HAS BEEN SUBMITTED AND ACCEPTED BY THE COUNTY. 1.2 Warranty Collateral shall be submitted and held by the County until release after the two- year warranty period following the County's initial approval of the improvements. Warranty Collateral shall be in an amount equal to 15% of Project Collateral. In the event that Property Owner fails to adequately complete or repair improvements during the warranty period, County may, in its sole discretion, access Warranty Collateral for the purpose of completing such improvements. 2.0 Form of Collateral. Collateral may be in the form of a letter of credit, a surety bond, or a cash deposit, subject to the requirements and restrictions of section 8-2-40 of the Weld County Code, as that section may be amended from time to time. 3.0 Release of Collateral. Collateral shall be released in accordance with section 8-2-30 of the Weld County Code. For collateral release, the Planning Department conducts inspections for on -site improvements, and the Department of Public Works conducts inspections for off -site improvements. 3.1 Timing of Release. Project Collateral may be released upon completion of all improvements required by the Exhibits after initial approval by the County. Warranty Collateral shall be withheld by County from and at the time of release of Project Collateral or may be submitted separately by Property Owner. Warranty Collateral may be released upon the approval of the County at the end of the two-year warranty period. Road Maintenance Collateral may be withheld from and at the time of release of Warranty Collateral or may be submitted separately by Property Owner. 3.2 Request for Release of Collateral. Prior to release of collateral by Weld County for the entire project or for a portion of the project, the Property Owner must present a Statement of Henry Frank, LLC — IAMSPR23-03-362 - ONSIA24-0002 Page 5 of 11 Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of Substantial Compliance shall state that the project or a portion of the project has been completed in substantial compliance with accepted plans and specifications documenting the following: 3.2.1 The Property Owner's 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 accepted by Weld County. 3.2.2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 3.2.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted or at such time as the Property Owner has completed improvements as shown on the Exhibit C and/or Exhibit D and shall be stamped and approved by an Engineer registered in the State of Colorado, if an Engineer was initially required for the project. The Property Owner's 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 written acceptance from the County Engineer. 3.2.4 The Statements of Substantial Compliance must be accompanied, as applicable, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district, or town for any utilities. 3.2.5 A letter must be submitted from the appropriate Fire Authority, if applicable, indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and, if required by the County, state the results of fire flow tests. 33 County's Response to Request for Release of Collateral. Following a written request for release of collateral, County personnel will inspect the improvements as provided in this Agreement. Upon approval, the Board of County Commissioners may release said collateral. C. Acceptance of Improvements: 1.0 Acceptance of On -Site Improvements: Upon completion of construction of all required on -site improvements as described in the Construction Plans, Property Owner shall submit to the Weld County Department of Planning a Statement of Substantial Compliance and shall request inspection of the On -Site Improvements. County personnel shall then inspect the improvements. If the County determines the improvements were not constructed in accordance with the Construction Plans, the County shall direct the Property Owner to correct the deficiencies. If the County determines the improvements were constructed in accordance with the Construction Plans, the County shall approve the improvements and request the Board of County Commissioners authorize release of collateral for On -Site Improvements. 2.0 Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, Property Owner shall contact the Weld County Departments of Planning Services and Public Works and request an inspection of such improvements. Upon request, County personnel will initiate the inspection, approval, and acceptance process. Henry Frank, LLC —1 AMSPR23-03-362 - ONSIA24-0002 Page 6 of 11 3.0 Inspection, Approval, and Acceptance Process: 3.1 Upon completion of construction of all off -site improvements as described in the Construction Plans, Property Owner shall submit to the Weld County Department of Public Works a Statement of Substantial Compliance by Property Owner's Engineer along with "as -built" drawings as required in B.3.2.3, above, and shall request County inspection of the Off -Site Improvements. County personnel shall then inspect the improvements. If the County determines the improvements were not constructed in accordance with the Construction Plans, the County shall direct the Property Owner to correct the deficiencies. If the County determines the improvements were constructed in accordance with the Construction Plans, the County shall initially approve the Off -Site Improvements. 3.2 Two -Year Warranty Period. Such initial approval begins the two-year warranty period. Upon completion of the two-year warranty period, County Public Works personnel shall, upon request by the Property Owner, inspect the subject improvements, and notify the Property Owner of any deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies. County personnel shall re -inspect the improvements after notification from the Property Owner that said deficiencies have been corrected. If the County personnel finds that the improvements are constructed according to County standards, he or she shall approve the improvements. Such final approval shall authorize the Property Owner to request the Board of County Commissioners to release the Warranty Collateral. 3.3 Placement of Improvements into Service Prior to County Approval. If requested by the Property Owner and agreed by the County, portions of the improvements may be placed in service when completed according to the schedule shown on the construction schedule exhibit, but such use and operation shall not alone constitute an approval or acceptance of said portions of the improvements. County may, at its option, issue building permits for construction for which the improvements detailed herein have been started but not completed according to the schedule shown on the construction schedule exhibit and may continue to issue building permits so long as the progress of work on the improvements is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Property Owner. 3.4 The Board of County Commissioners does not accept any On -Site Improvements for maintenance purposes. On -Site Improvements may only be accepted as dedicated for public use. Maintenance of on -site improvements is the responsibility of the Property Owner or its successor, including the Homeowners' Association. The Board of County Commissioners does not represent or ensure the on -site improvements will be constructed and/or available for their intended use(s). The County does not and shall not assume liability for improvements designed and/or constructed by others. D. Permits: The Property Owner is required to apply for and receive all permits required by the County or any other applicable local, State, or federal permit, including but not limited to: 1.0 Access Permits. Property Owner shall not use any access onto any County Road unless and until an access permit has been issued by the Department of Public Works. Public Works may condition the issuance of an updated access permit on the amendment of this Agreement if the updated access permit authorizes the use of an additional access point, or if there is a change in use of the current access point, as permitted by Article XIV of Chapter 8 of the Weld County Code. Henry Frank, LLC — 1AMSPR23-03-362 - ONSIA24-0002 Page 7 of 11 2.0 Right -of -Way (ROW) Permits. Per Article XIII of Chapter 8 of the Weld County Code, any work occurring within County ROW requires a ROW permit issued by the Department of Public Works. No work shall occur without said ROW permit. 3.0 Transport Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld County Transport Permit is required for Extra -legal vehicles using Weld County roadways to ensure the operation and movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner. E. Enforcement and Remedies: 1.0 Violation of Terms of Agreement. If in County's opinion, Property Owner has violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County believes in good faith that the violation is continuing, County may consider Property Owner to be in breach of this Agreement. 2.0 Remedies for Breach by Property Owner. In the event that County determines that Property Owner has violated the terms of this Agreement, and has failed to correct said violation, County may exercise any or all of the following remedies, or any other remedy available in law or equity. 2.1 Access and Use of Collateral. County may access and use collateral to address the issues specific to the violation. For example, the County may access and use Project Collateral in order to complete improvements as required by the Construction Plans, when such improvements have not been completed in accordance with the Construction Schedule. 2.2. Withholding Permits. County may "lock" any or all lots within the Property, which precludes the continued issuance of building permits, zoning permits, septic permits, or any other permit issued by any department of the County. 2.3 Court Action. County may seek relief in law or equity by filing an action in the Weld District Court or Federal District Court for the District of Colorado, except that no such civil action or order shall be necessary to access collateral for the purpose of completing improvements as described above. 3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following events: 3.1 Failure to Commence. County may terminate this Agreement upon or after revocation of the 3-, underlying land use approval under Weld County Code. However, County may still exercise all necessary activities under this Agreement that the County determines necessary to protect a 3 the health, safety, and welfare of the residents of Weld County. 3.2 Execution of Replacement Agreement. This Agreement shall terminate following County's oLL execution of a new Improvements Agreement regarding the subject matter of this Agreement related to the Property, provided that the new Improvements Agreement expressly supersedes a E this Agreement. Na a " m F. General Provisions: N a 1.0 Successors and Assigns. N a� mN NNa� Henry Frank, LLC —1 AMSPR23-03-362 - ONSIA24-0002 Page 8 of 11 1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part without the prior express written consent of County and the written agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld by County. In such case, Property Owner's release of its obligations shall be accomplished by County's execution of a new Improvements Agreement with the successor owner of the Property. 1.2 County's rights and obligations under this Agreement shall automatically be delegated, transferred, or assigned to any municipality which, by and through annexation proceedings, has assumed jurisdiction and maintenance responsibility over all roads affected by this Agreement. 2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 4.0 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement, including subsequent lot purchasers. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5.0 Entire Agreement/ Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representation, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by written instrument signed by both parties. 6.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee. 7.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, the parties agree that the Weld County District Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute. 8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owner, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 9.0 Release of Liability. Property Owner 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 the design and construction of improvements, and Henry Frank, LLC — I AMSPR23-03-362 - ONSIA24-0002 Page 9 of 11 pay any and all judgments rendered against the County on account of any such suit, action or claim, and notwithstanding section 7.0 above, 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 the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker'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. 10.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 11.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. If requested by the County, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request. 12.0 Acknowledgment. County and Property Owner acknowledge that each has read this Agreement, understands it, and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 13.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential conflict between any term in this Agreement and the Resolution of the Board of County Commissioners approving the underlying land use permit, the provisions of the Board's Resolution shall control. In the event of a discrepancy between this agreement and the Weld County Code in effect at the time of the agreement, the terms of the Weld County Code shall control. Henry Frank, LLC — IAMSPR23-03-362 - ONSIA24-0002 Page 10of11 PROPERTY OWNER: Henry Frank, LLC By: Ir� Name: Sophia Title: 60 - / vl a kta 2, r STATE OF COLORADO County of )OO1 kr Date d 11/ Z% Zq SS. The foregoing instrument was acknowledged before me this L. day of Y^►' , 202 , by S o pV, I c, 3Lonc WITNESS my hand and official seal. NOTARY PUBUD SWF OF COLORADO NOTAAY ID 20194048.6 WY ooer o DEOBANER y, soar WELD COUNTY: Notary Public nt, .41,,vev BOARD OF COUNTY COMMISSIONERS WELD COU ULUr� 0 Kevin D. Ross, Chair JUL 0 8 2024 Henry Frank, LLC— 1AMSPR23-03-362 - ONSIA24-0002 Page 11 of 11 zo2L a53 EXHIBIT ES 32 Ma 125% Henry Frank, LLC Improvements Agreement Budget Revised Parking Lot: Concrete Labor Dirt Work/Foundation Access Point: Concrete Labor Dirt Work/Foundation Landscaping: Pyramid Pine Hot WingsTatarian Maple Northern Catalpa Common Hackberry Shademaster Locust Chinkapin Oak Little Leaf Mountain Mahogony hogony Fernbush Broadmoor Jumiper Dwarf Russian Sage Sand Cherry Gro-Low Fragrant Sumac Blue Grama Big Sacaton Gravel Area Rock Mulch/River Rock Rock Mulch/Red Granite Low Grow Native Seed Mix Labor for Install TOTAL 13 sa•3a N CD le O a -r W L eel �- L1. o tee. U wal St al a mint I. ® a vs N M0 ame a)No Mr` Y L- &N>'� CD 'nom QTY 6 1 3 5 2 3 12 6 3 8 6 17 19 17 1362 6692 581 12253 COST 27, 000.00 10,000.00 $ 10,000.00 $ 8,000.00 $ 3,000.00 $ 8,000.00 450.00 150.00 750.00 500.00 600.00 600.00 600.00 300.00 150.00 240.00 480.00 425.00 285.00 340.00 1,362.00 6,692.00 871.50 450.00 6,000.00 $ 87,245.50 $ 109, 056.88 P 2-3-03--3(0Z O V -ZS t %4 R i i.- ° aC r a @ -NU N 3_ (4-L - O 41 - - L CI u_ re en° CX m f_ EL, w _ v-40 S ct. to N `7 Qom_ MNa No umn reNct� 'too Im..rovements Co _1. •. etion Date Access Summer 2024 Parking Lot Summer 2024 Landscaping Summer 2024 o �= U > s_- ge o- s 2S Nre es;�- trk CD va a? ea?) cr en S 1I (0- - CB m L Y L • R-4 c.: — S M O aa O)No a. NN> CD raft Cr e c) — Henry Frank, LLC Improvements Agreement Budget Revised Parking Lot: Concrete Labor Dirt Work/Foundation Access Point: Concrete Labor Dirt Work/Foundation Landscaping: Pyramid Pine Hot Wings Tatarian Maple Northe-n Catalpa Common Hackberry Shademaster Locust Chinkaain Oak Little Leaf Mountain Mahogony hogony Fernbush Broadmoor Jumiper Dwarf Russian Sage Sand Cherry Gro-Low Fragrant Sumac Blue Grama Big Sacaton Gravel Area Rock Mulch/River Rock Rock Mulch/Red Granite Low Grow Native Seed Mix Labor for Install TOTAL 125% Q TY 6 1 3 5 2 3 12 6 3 8 6 17 19 17 1362 6692 581 12253 COST 27,000.00 10,000.00 10,000.00 8,000.00 3,000.00 $ 8,000.00 450.00 150.00 $ 750.00 $ 500.00 $ 600.00 $ 600.00 600.00 300.00 $ 150.00 240.00 480.00 425.00 285.00 340.00 1,362.00 6,692.00 871.50 450.00 6,000.00 $ 87, 245.50 $ 109,056.88 .-I — il wee O c ) -1' efts cram N •o- OvII v`� NL 0--`= w 4W s 1 mint -a a- M -711° '-t O - o i cv MN Q� N NN NtL 'Soo Improvements Corn !,l - 'on Date Access Summer 2024 Parking Lot Summer 2024 Landscaping Summer 2024 4972393 Pages: 18 of 21 07/22/2024 01:35 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County : CO ui Mir1rrrw PROPOSED SWAI E A LOT 4 (NOT A PART) 10' SETBACK tit. ; STr uv DRAIN C` :.n_C (NO LD/NO STORAM.L AREA) •'"OFOSFD TRASH ENCLOSURE /0.a!'A/War 4 U41//r!AgitHI ear W.( /b0 .e1/4, C JSifOPI 1 J• a .&UPOSFD PARKING SPACE STRIPING (Tra.) 1 33.87 �••- - _ C, In DUSTING DETENTION POND Q m 0 FIRST AMENDMENT TO THE SITE PLAN REVIEW 1AMSPR23-03-362 FOR LOT 3, BLOCK 1, VISTA COMMERCIAL CENTER FILING 1 LOCATED IN THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO EASING PROPERTY L.NE DUSTING LANDSCAPING SW3'0.5'421 231 61 1_ PROPOSED WATER QUALITY POND VOL = 0.126 AC -FT PROPOSED LOADING PIATEDRM PROPOSED BUB.ON O PROPOSED VERTICAL - CURB & GUTTER .. PROPOSED PROPOSED ACCESS PDIN' / (RECLAIMED NMI/ Ex STING) • PROPOSED 4' CONCREIE WALK PROPOSED ADA PARKING SPACE. i SON. & RAMPI./ 4.i �� r <C' •� b -• w t�-• - - ivWl Ww j--� = 1//STA f4Etwabq/VE 31- 0' LOT 2 (NOT A PART) i SETBACK PROPOSED 7' CUPS CJT ANC FL_lNE PROPDS_) SP:L. CURB & :;UTTER (TO: SURVEY NOTES ,IOR17ONTAI DATUM: MOD,FIFD NADB3/70' 1 CO. ORADO STATE PI ANF COORD:NATE SYSTEM NORTH ZONE SCAJ -ACTOR '.0002744.85 (0.999725590) VERTICAL DATUM: NGS L-329 EII'VATION 4987.16 (NAVD88 VERTICAL OA'UM) 511E BENCHMARK. SOUTHEAST PROPERTY CORNER 'DUNG 14 REBAR WIN YELLOW PLASIIC CAP LS '5346 N: 1301734.38 E: 3134615.49 ELEVATION 4816.78 18' glair CATCH CURB & GUTTER S.. SPILL CURB & GUTTER CURB AND CUTTER 2 / NTS SITE PLAN REVIEW (Ott I inxh 40 list J ti •1, LEGEND OF SYMBOLS EXISTING EXISTING FENCE EXISTING ASPI-ALT EXISTING CONCRETE EXISTING S'GN PROPOSED CONCRF'IF PROPOSED ASPHAI' SPL1 CURS & GUTTER Know what's below. Call before you dig. 3RO°OS"C Consultants, Inc. 16911 Potts Place Mead. Colorado 970.217.9148 CD _J w LL • CC F- EL' • Z wv 5 Q Q U Lo n 2 r'▪ -• 0 CC o Q LQL (_n w y wU I- 0 M 0 -J SITE & HORIZONTAL CONTROL PLAN LOCATED IN THE NE 1/4, SECTION 8, TOWNSHIP 2 NORTH, RANGE 68 WES' N.y, ru /.Porn EY read INC ()larked MC APRIL 16. 2024 _bb Ma i094-1 1767.J4C SHEET SP -2 2 Of 7 SHEETS 4972393 Pages: 19 of 21 07/22/2024 01:35 PM P Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County . CO i� �� i�Ili�'I�': 111111 LU �I .r�. �� K I� 04 D 18" 0.C. E.W.' WATERSTOP #4 0 '2" 0.C. HOW 04 O '8" 0.C. 1'-0 —2' 4"4 TRENCH DRAIN NEENAII 4999 -CA TRENCH GROUT WI'I ,.GA;.'.: OR APPROVED EQUIVA_LNI GRAIL EL:491'.14 varies NOTES FIRST AMENDMENT TO THE SITE PLAN REVIEW 1AMSPR23-03-362 FOR LOT 3, BLOCK 1, VISTA COMMERCIAL CENTER FILING 1 LOCATED IN THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO NTS LOT 4 INOT A PART) utti/r liltarkf LXISIING ;IRE HYDRANT EXISTING 40' RCP AND DES EXISTING UTILIN PEDESTALS EXISTING E.ECTR4C TRANSFORMER 0 v •? N V00':TL'05"4' EXI WATERLNE r 1. AC I..AL ASPHAL I REMOVAL AREA WILL BE BASED ON FILL.) CONDITID\S AND IS SUBJECT TO CHANGE, 2. CONTRACTOR SI'A-L 3E RESPONSIBLE FOR ANY DAMAGED CURB. 0..TTER, ASPHALT AND SIDEWALK DURING CONSTRUCTION. 3. AI t SANITARY SEWER CONSTRUCTION SHAT I BF N ACCORDANCE VAIN ST. VRAIN SANITATION DISTRICT STANDARDS AND SPECIFICATIONS 4. ALL WATERLINE CONSTRUCT:ON SI IA;.L BE IN ACCORDANCE W Tr LE=- HAND WATER DISTRICT STANDARDS, SPECICATiONS AND DF"AI: S. S. WAIERLINE LATERAL SHALL BE FULLY RESTRAINED. 6. CONTRACTOR SHALL VERIFY THE SIZE, TYPE AND MATERIAL or ALL UTILITIES PRIOR "0 CONSTRUCTION J. CON IRAC TOR SHALL VERIFY HORILON I AL AND V•_R IICAL LOCH (IONS OF All UTILITIES PRIOR TO CONSTRUCTION. EXISTING 40" PCP AND FFS / IAAINTAR MIN. /I8- _LLAkANL: WATER SERVICE ELEY. -14911 55 SERVICE ELEV. (TOP) a ±4909.4 • SERVICE TOBUILDING SERVICE 1(// \ `� KEELR IC MECHANICAL ENGINEERING PAINS /CONNECT f0 �•'/ , /� BUILDING SERVICE/ 4" ENV =4909.75 // S88'G3',. 2"F 231.83' EXISTING ;OMMUNICATIONS AND ELECTRIC LINES FRn:ccr tn t r Lr 'L N LUI'I'ER WATER CFRVICF 0 - • PROPOSED 12" FES INV.=a ., ., ' PROPOSED 17 J 12" HOPE PIPE O - 2.0% MIN SLOPE PROPOSED MANHOLE: W/ PUMP SYSTEM RIM= PROPOSED 7 LF 12" HOPE PIPE 0 2.0% MIN SLOPE PROPOSED /TR E. NhH GRATE= 4 .1 : 14 PROPOSEC 12" HOPE FES W/'RASH RACK PROPOSED 10' DA TYPE M RIPRAP PAD AROUND FES PROPOSED 14 LF 12" HOPE O 0.5% PROPOSED BUILDING cohNEcr PRO ELF 1" WATER SERVICE IL) /BUILDING SERVICE REFER '0 MECHANICAL /EMGNEERING PLAN / 1- TYPE K COPPER MATER SERVICE V - C.)NNECI 10 EXISTING SERVICE INSTALL 4.4" — REDUCFR--4; A UPSIZE LINE 10 1" tor IV1'E: rafin/,F 5' AFTER' n3/4.. CONNEC"10t1 - • ;NSI%iL - LF- :� L 4" PVC 0 2 0% NI'I `'i:F'E 70 [.'tit 1TIP.., F-'(445, W R--1vOL. EXISTING GAS IINF — 3FT MIN PTH BELOW FINAL GRADE REMO/E/REPLACE VAULT L•D ' W/'RAr IC—RAIEU LID EXISTING 8" PVC SANITARY SEWER SURVEY NOTES HOR 7ONTAI DATUM MODIFIED NAD83/201; COLORADO STATE P AN! COORDINATE SYSTEM NORTH ZONE SCALE FACTOR 1.000274455 (0.999725590) VERTCAL DATUM' NCS L-329 ELEVATON = 498216 (NAV088 VERTICAL DATUM) SITE BENCHMARK: SOUTHEAST PROPERTY CORNER FGJND 04 REBAR WTH YELLOW PLASTC CAP LS 13346 N: 1301734.38 C. 3'346'5.49 ELEVATION = '816.28 PROPOSED OUTLET STRUCTURE. SEE DEIAI SHEETS LOT 2 (NOT A PART) CONNECT TO BUILDING SERVICE 4" INV. - 4909.5 INSTALL CI.EANOUT RIM=-' ENV. -4908.85 INSTALL 22.5 LF 4" PVC 0 6.0% MN SLOPE INSTALL TRAFFIC —RATED CLEANOUT RIME" 4 c 4 III /, —4907.5 NSIALt. 81 LF C PVC 0 3.8% MN SLOPE { PROPOSED MONITORING MANHOLE RIM SHALL MATCH EXISTING GROUND INV. IN (N) = '904.42 INV. OUT (5) - 4904.22 r CONNCCT TO EXISTING .SANITARY SEWER MAIN C INV. 4902.89 8" INV.=4902.56 F- • =INSTAL 4" PVC 0 3.8% MN SLOPE .C WATER LINES SANE IARY Sr Mt ELECTRIC CAS OVERHEAD TCLEPIIONC STORM DRA.N CONTOURS (1) ;LOW ()REGION ASPHALT CONCRFIF SPIL. CURB & CUTTER 800-05A STANDARD FLARED END SECTION TRASH RACK MOUNTING DETAIL �..... SITE PLAN REVIEW LEGEND OF SYMBOLS Fxi9T'Nr wK �' MI One • ma _ W W..M an roe 'p+ a-_ s Know what's below. Call before you dig. 800-05 STANDARD FLARED END SECTION TRASH RACK 2 Consultants. Inc. 16911 Potts Place Mead. Colorado 970.217.9148 Et O w _Z m _J 'o w LL 0 > O_ -62 0 Z f o w a§ Li. J z O > Q N O QLi Z U cox 5wa I-- ccoo 0 ~ h .- J °p fO Cr k wco y6 g> at z ax z8 w o w v I-- O 1n -J Z_ m crc C 0 REV'SI3N/ISSL LIItalyr (U Liewe EM Gate MC QMedod JIG' '-.. APRIL 10, 2024 W .4b Ma" a SHEET SP -3 3 ;i, / ,•,, 4972393 Pages: 20 of 21 07/22/2024 01:35 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County , CO III MIA ilk 1liii —SS • .-••• 1 - DE . EXISTING TREE - �/� REMOVE mo) STREET TREE (VIP) $5 !S U�tliit r--_ FIRST AMENDMENT TO THE SITE PLAN REVIEW 1AMSPR23-03-362 FOR LOT 3, BLOCK 1, VISTA COMMERCIAL CENTER FILING 1 LOCATED IN THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO ---'1� \1G t, lt, l `. EXISTING TTtEE REMAIN ITYP) 1 01-04 SM-101 00 0 0 O , • • 1 •r — 1 : _��- # PARKING SCREENING I'M'P, SITE TRIANGLE (TM) S?lTA Wflr©sjjr SS SS SS LANDSCAPE PLAN El Ss - SS 5r.ML r 1 - 2.0 u SS SS a a I I PLANT SCHEDULE CfY •UN.Q P�rM. ,Tll YLMI' �+tM f.,J,l Sy'MBOI CODE UtY TAM / M N NAME CONT PFV h PILAUS El FXII IS VANDERWOI F'S PYRAMID / VANDFRWOI F S PYRAMID PINE 6 EMIR 11 EX•REM 15 EX-RET 1 ORNAMENTAL TREES AH 1 SHADE tREES REMOVE AS INDICATED I EXISTING TREE TO BE REMOVED EX TO REMAIN- PROTECT DURING CONSTRUCTION I EXISTING TREE TO REMAIN EX ACER TATARICUM HOT WINGS / HOT WINGS TATARIAN MAPLE 2' MULTI CS 3 CATALPA SPECtOSA ' NORTI tERN CATALPA 2' BLEB CO 5 CFt TIS OCCIDENTAL IS / COMMON HACKBERRY 7 FMB GTS 2 GLEDITSIA TRIACANT-4OS INERMIS SHADEMASTER TM I SHADEMASTER LOCUST r MB OM 3 OUERCUS MUEHLENBERGII I CHINKAPIN OAK SYMBOL CODE WY BOTANICAL / COMMON NAME CII 12 CEHCOCAHPUS IN I RICA IUS/ LI I ILL LEAFMOUN IAINMAFIOGONY SHRUBS dill. CNF 6 CHAMAEBATIARIA MILLEFOLIUM FERNBUSH I FERNBUSH TSB 3 JUNIPtRUS SAUNA BROAUMOOR / BROADMOOR JUMPER PAL 6 PEROVSKIA ATRIPUCIFOLIA'LITTLE SPIRE'? DWARF RUSSIAN SAGE PUP 5 PRUNUS EI SSEYI PAWNEE SW I ES 'SAN') CHERRY FIG 17 RHOS AROMATICA 'GRO-LOW I GRO-LOW FRAGRANT SUMAC BB 19 BOUTELOUA GRACIL IS BLONDE AMBITION' I BLUE GRAMA SW 17 SPOROBOLUS WRIGH 111 / BIG SACATON SYMBOL CODE O!Y HOIANICAL I COMMON NAME GROUND COVERS FXG 1,362 SF GRAVEL CRAW AREA Nl/LCHES SOD/SEED RM 6,692 SF ROCK MULCH I RIVER ROCK V4" AGO 561 SF ROCK MULCT II RED GRANITE VARIED SIZE r BaB SWF 5 GAL 5 GAL SGAL 5 GAL 5 GAL 5 GAL 1 GAL 1GAL CONI NONE MULCT I MULCH I CS 12.253 SF LOW CROW NATIVE SEED MIX / IOW GROW MIX SFED CODE ANALYSIS LOT SIZE 54,483 8F PERCENTAGE OPEN SPACE REQUIRED I PROVIDED (15%): 8,170 / 19,553 (ON -SITE) PARKING AREA COVERAGE: 8,574 SF PARKING AREA LANDSCAPE REQ / PROVIDED: 8571925 PARKING SCREENING PROVIDED VIA PLANT BUFFER - SOUTHERN PORTION STREE T TREES PROVIDED AT MAXIMUM 40' O.C. 182 LF FRONTAGE 5 TREES REQUIRED ! PROVIDED (2 EXISTING TO REMAIN) MINIMUM 10' SETBACK REQUIRED ALONG STREET ROW REFERENCE NOTES SCHEDULE W V i OH MU LIU,CL oar. uLtar PIAPAI .Sr MBUI. DESCRIPTION 0T' PLACE SHREDDED CEDAR MULCH AROUND BASE OF ALL PERENNIALS AND GRASSES IN LARGE COBBLE AREAS. MASSED PERENNIAL 5 TO RECEIVE t ARCF RING AROUND ENTIRE GROUP (TIP). WOOD MULCH NOT REQUIRED AROUND BASE OF PLANTS LOCATED IN PEA GRAVEL. MINIMUM 3 ROOTBALL OFFSET FROM BUILDING. TIP. PtACF PLANTS TO PROVIDE MEN. ? CI FARANCF FROM BACK OF CURB Al MA 1 URE SPREAD. SYMBOL DESCRIPTION ul'• SEED ALL DISTURBED AREAS WITH NATIVE LOW GROW MIX UNLESS OTHERWISE NOTED. 32 LANDSCAPE IMPROVEMENTS SYMBOL DESCRIPTION 0T ' 14 G ROLL TOP STEEL EDGING. STAKED 30.OC MAX_ 492 LI S'MBOI DESCRIPTION OTI Dt-04) 32.01 SM-101 ALL SEEDED AREAS TO BE AMENDED AND HYDROSEEDE D. Pt ACE FR0810N CONTROL MAT ON All Si OPES EXCEEDING 4 1. P051 Won Las C'o* IAA lest Fescue Sivioay Magma (may NWnMn Enos Bug Magnus 4.40 010•010X V III SI 5415Sf < fl 4C; n r tEVISIONS: h Su• Cno,ge: 03.25.21 %t- 1011 i DPW. NO.: DATE: 09.15.23 SCALE. See Sheet DRAW4: RO CnKD BY NAV S-tL LW 4972393 Pages: 21 of 21 07/22/2024 01:35 PM R Fee:$0.00 Carly Kcppes. Clerk and Recorder; Weld County CO III 'it I 'Xi Ill II I • GENERAL NOTES (Note' AR'cicronccs to "Contractor NC 49CC tic to 'Landscape Contractor LnIess naffed as -Gone* of other typo of Contractor') CONTRACTOR IS RESPONSIBLE FOR VERIFYING QUANTITIES OF MATERIALS NEEDED TO COMPLETE THIS ELAN IN THE FIELD. NOTIFY I ANDSCAPF ARCHITECT OF ANY DISCREPANCIES BETWEEN THE DRAWINGS AND CONDITIONS IN THE FIELD. SUBSTITUTIONS OF PLANT MATERIAL ARE NOT ALLOWED WITHOUT APPROVAL FROM LANDSCAPE ARCHITECT GIVEN PRIOR TO INSTALLATION. GRAPHIC QTY'S. PREVAIL OVER WRITTEN OTYS. PRIOR TO COMMENCEMENT OF WORK THE 1 ANOSCAPF CONTRACTOR SHAT i CONTACT OWNERS REPRESENTATIVE FOR SPECIFIC INSTRUCTIONS RELEVANT TO THE SEQUENCING AND SCOPE OF WORK 2. CONTRACTOR IS RESPONSIBLE FOR INSTALLING ALL LANDSCAPE SHOWN ON THIS PLAN. ANY DEFICIENCIES OR DEVIATIONS FROM THIS PLAN ARE TO BE APPROVED SY OWNER'S REPRESENTATIVE OR LANDSCAPE ARCHITECT. ANY CHANGES FROM THE APPROVED PLANS MAY REOUIRE APPROVAL FROM THE CITY OR COUNTY PLANNING DEPARTMENTS. LANDSCAPE CONTRACTOR TO PROVIDE ALL LABOR AND MATERIALS NECESSARY TO FURNISH SCOPE OF WORK AS SHOWN PER Pt AN. SXIS I INC TOPSOIL IS 10 Bb S TQCKPI.4D AND USED 10 ES I ABLISH FINAL GRADES WITI IN LANDSCAPE AREAS. ALL STOCKPILED SOIL MUST BE CLEAR or WEEDS, ROCKS AND DEBRIS BEFORE REUSE ALL BERMES PLANTING BEDS TO BE CREATED WITH IMPORTED TOPSOIL. 4. GENERAL CONTRACTOR TO RE -SPREAD STOCKPILED SOIL AND ESTABLISH ROUGH GRADE CONDITIONS TO THE FOLLOWING SPECIFICATIONS A. " BF OW CURB FOR Al I SEFOFO AREAS. 8. 25' BELOW CURB FOR ALL SODDED AREAS, C. C BELOW CURB FOR ALL PLANTING. ROCK AND MULCH BEDS. CONTRACTOR TO TILL PARKING LOT ISLANDS TO A DEPTH OF 30'. 3. 5. 6. AMEND ALL PLANTING BEDS WITH CLASS 1 COMPOST. APPLY AT RATE OF 3 CYOS. PER 1000 SQUARE FEET TO ALL PLANTING BEDS AND MANICURED I AWN AREAS, AND 2 CVOS. PER 1000 SQUARE FEET FOR SEEDED AREAS, TILL. MIXING THOROUGHLY. INTO -HE UPPER W OF SOIL. FINE GRADE TO BE ESTABLISHED BY LANDSCAPE CONTRACTOR. FINE GRADE SHALL BE FREE OF ROCKS AND DEBRIS. FINE GRADE IN SEED AREAS SHALL BE FREE FROM ROCKS AND DEBRIS Ea' AND GREATER. FINE GRADE IN SODDED AREAS SHALL BE FREE FROM ROCKS AND DEBRIS Y4'AND GREATER. CONTRACTOR TO REPORT ANY POOR DRAINAGE CONDITIONS PRIOR TO CONSTRUCTION. B. CONTRACTOR IS TO PROVIDE VERIFICATION THAT ALL SOD AND SEED IS OF THE SPECIES SHOWN ON THIS PLAN. NO SUBSTITUTIONS Will BE ALLOWED. SOD TO BE LAID WITH TIGHT STAGGERED EDGES AND SE ROLLED AFTER INSTALLATION. SEEDED AREAS CANNOT BE SUBSTITUTED WITH SOO. 9. MULCHS ALL PLANTING BEDS THAT CALL FOR WOOD MULCH TO RECEIVE 4' ORGANIC SHREDDED BARK MULCH. SHREDDED MULCH IS 10 BE OF FIBROUS MATERIAL NOT CHIPS OR CHUNKS. NO FABRIC IS TO BE PLACED UNDER WOOD/ORGANIC MULCH. ALL MULCHED BEDS ARE TO BE SPRAYED WITH WATER AFTER INSTALLATION TO HELP MULCH TO MAT DOWN. 7. ALL AREAS THAT CALL FOR COBBLE/ROCK MULCH TO RECEIVE MIN. 3 DEPIH. UNLESS NOTED OI HERWISE. USE QUICK RELEASE ORGANIC PRE -EMERGENT HERBICIDE FOR ALL MLILCI IED AND PERENNIAL/PLANTING BEDS (AND FOR COBBLEtAGGREGATE AREAS WITH SLOPES EXCEEDING 3:1 GRADE. TREES IN COBBLE/ROCK MULCH. SOD AND SEEDED AREAS TO RECEIVE 4' DIANE I ER OF WOOD MULCT I RING. r DEEP. SHRUBS AND GROUNOCOVERS IN COBBLE/ROCK MULCH SOD AND SEEDED AREAS TO RECEIVE A WOOD MULCH RING AT 2X DIAMETER OF ROOT BALL. 3' DEPTH. NO FABRIC UNDERLAYMENT IN W000 MULCH RINGS. FIRST AMENDMENT TO THE SITE PLAN REVIEW 1AMSPR23-03-362 FOR LOT 3, BLOCK 1. VISTA COMMERCIAL CENTER FILING 1 LOCATED IN THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 2 NORTH; RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO 10. SEED MIX INSTALLATION: CONTRACTOR TO DRILL SEED WITH BRILLION TYPE APPLICATOR AND APPLY 'SOIL GUARD' BONDED FIBER MATRIX (REM). WHERE INDICATED PER PI AN AND SCHFGUI Ft APPI V SEED IN TWO DIRECTIONS (PERPENDICULAR OF DIE 01 HER) ADD SOIL GUARD BEM FOR DRILL SEEDING WHERE NOTED PER PLAN AND ON ALL SLOPES 6 1 TO 3.1. FOR AREAS WITH 3.1 SLOPES OR ORLATER CONTRACTOR TO USE SOIL GUARD APPLICATION ONLY (IN LIEU OF HYDROMULCH) CON I RAC I OR 10 SPOT SEED NON•GERMINA TING AREAS (3) MON I HS AFTER INITIAL SEED APPLICATION. CONTRACTOR '0 RE -SEED ALL BARE AREAS (6'x8') AND GREATER AFTER (6) MONTHS FROM SEED GERMINATION OR AT THE BEGINNING OF THE FOLLOWING GROWING SEASON. PRIOR 10 I HE 11-MON I H WARRAN IY INSPCC I ION RE -APPLY SOIL GUARD AND SEED MIX TO ALL BARE AREAS (Wx6. OR GREATER) AND TO ALL BARE AREAS (Ex4' OR GREATER) ON ALL SLOPES 3 I ANU GREATER. 11. REMOVED DEAD TWIGS AND BRANCHES FROM ALL NEW AND EXISTING PLANT MATERIAL IN A MANNER THAT DOES NOT CHANGE THE NATURAL MARTI OF THE PLANT 14ATERAI.. SCARFS OF 1' OR MORE SHAW I BE PAINTED WITH ORGANIC TREE PAINT. CENTRAL LEADERS SHALL NOT BE REMOVED AT ANY TIME. NEWLY PLANTED TREES WITHOUT CENTRAL LEADERS WILL BE REJECTED. 12 CONTRACTOR TO APPLY FERTILIZER IN SPRING NL LATE SEPTEMBER. WATER THOROUGHI V AFTER APPI ICATION OF FERTII !MRS. ALL SEEDED AND SODDED AREAS TO HAVE RECOMMEND FERTILIZER APPLICATIONS ADDED ONCE IN MID TO LATE JUNE AND ONCE IN LATE SEPTEMBER. WATER THOROUGHLY AFTER APPLICATION OF HER I ILILERS. 13. ALL PLANT MATERIALS AND UTiLITIES ARE SHOWN A AN APPROXIMATE LOCATIONS, THE CONTRACTOR MAY NEED TO ADJUST LOCATIONS OF PLANT MATERIAL TO ADHERE TO SPECIFIC ON -SITE CONDITIONS AND CODE REQUIREMENTS ALL TREES AND SHRUBS TO BE PLACES AT 2' MINIMUM BACK OF CURB. CONTRACTOR TO CALL FOR UTILITY LOCATES BEFORE PLANTING (TYP.) 1400-922-1987. OR CAL_ WI BEFORE YOU DIG' 14. STEEL EDGING TO BE USED TO SEPARATE AU. TURF AND/OR SEEDED AREAS FROM PLANTING BEDS. USE PERFORATED EDGING SEGMENTS TO OB TAM POST I IVE DRAINAGE I -OR ALL DRAINAGE SWALES OR AREAS OF STANDING WATER 15. CON I RAC IOR 10 PROVIDE COBBLE a UNDERLAYMEN f FOR BUILDING DRAINS AND SWALES THROUGH LANDSCAPED AREAS. 16. ALL REQUIRED LANDSCAPING TO BE INSTALLED PRIOR TO ISSUANCE OF THE CERTIFICATE OF OCCUPANCY. 17. ALL NURSERY STOCK TO CONFORM TO TIE AMERICAN STANDARD FOR NURSERY STOCK (ANSI e60.1) AND THE COLORADO NURSERY ACT. 1$, CONTRACTOR IS RESPONSIBLE FOR CONTACTING LANDSCAPE ARCHITECT FOR ALL REQUIRED INSPECTIONS. PROVIDE AT LEAST 45 I CURS NOTICE TO WI IEDULE AN INSPECTION. REQUIRED INSPECTIONS INCLUDE A LANDSCAPE LAYOUT AND PLANT MATERIAL VERIrICATION AND PLACEMENT INSPECTION, IRRIGATION MAIN LINE INSPECTION. LANDSCAPE AND IRRIGATION PUNCH LIST INSPECTION, AND A 1 ANDSCAPE AND IRRIGATION FINA1 INSPECTION. NOTES 1. DO NOT REMOVE OR CUT I FADER, 2 PRUNE ONI Y MAU OR BROKEN BRANCHES IMMFLXAIELY PRIOR IOPIJW ZINC. 3 1)O NOt HI MOVE ANY DOWIIt I LAIN -4. Uhl f ES0IHt I4WLST. ()WC ILD BY OWN1 RS REMIT St NIA IM. 4. KEEP PLANT S MOIST AND SHADED UN' L PLANTING. 5. AMENDED BACK FILL SHA'.1 BE AS STATED ON THIS SHEET, 8. MARK THE NORTH SIDE OF TREE IN THE NURSERY. AND ROTATE TREE TO FACE NORTH AT THE SITE WH .NL VLR POSSIBLE. 7. PINE AND SPRUCE TREES TO BC SPRAYED 'OR WS BARK BEETLE PRIOR TO PLANTING. COORDINATE WITH CITY FORESTRY cOR CURRENT INSECT AND DISEASE RECOMMENDATIONS PRIOR TO PLANTING. 8 ALL TREES TO 3E DEEP WATERED AT TIME OF PLANTING. MIN. 2X ROO BALL da r10NROO1104A FA1 It r0• TIODINA, . tA PEP LI TALC* OMIT iI'RW MIAOW 110•0 WITH A II' PLANING IP/Pt ! O'1$ oyII�OEY k y,I W IVNII WOY�tOPFa AO NwI TIDN fan Tar A AS M��OI1I 7F7C- FOR LT IIA MCwlrtS OF "UAL L RII Sr HF'F'AUNH1WfX nt r}IM.1. rKWI,, Ar•AW WADI rimy QINfr� it EL1e4p1oliL�SACLNI F .AGOMIG Oh *1111.(y-OsAN4�b wits 3WL/MtfiIt re,.r,:i a r*WFROWWfrh) MIIN Nf..5 NrM5 RACFI/ 6 7a0�01F�fLJyIF1rpSAnARTTRAM . I,.SF hVl4V IM POPII 01 'IRE MN CO WI Ot��MTrIjSATWO, PM CG1.1 SAG f__ A.II ROM SET STA1(PORSW STAINSWITION I)•1T 1 Y RPPTMrrti W i4W O► FIRM uu1'Xf15'7MgrD Sot Fist * srr III.AITM MID ifNatA. mew-. ROPr EVERGREEN TREE PLANTING DETAIL •1D losr.A.1 /Cc IK1N 19. CONTRACTOR IS TO PROVIDE A ONE YEAR WARRANTY ON ALL PLANT MATERIAL, TURF. IRRIGATION COMPONENTS. AND WORKMANSHIP. REPLACEMENT PLANT MATERIALS SHALL BE OF THE SAME SPECIES AND SIZE AS TIE DECAYED OR DEAD PLANT MATERIAL- WARRANTY IS VOID IF PLANT MATERIAL ARE UNDER OR OVER-WATERED/FERTILIZED. DAMAGED BY VANDALISM OR NEGLECTED BY OWNER AFTER FINAL MAINTENANCE PERIOD AND FINAL ACCEPTANCE IS PROVIDED. REMOVE ALL TREE STAKING MATERIALS AT END OF WARRANTY, PRIOR TO FINAL ACCEPTANCE 20. MAINTENANCE THE OWNER OF THIS PROPERTY AND ANY FUTURE OWNERS SHAT I RE RFS'ONSIBI F FOR THE PROPER I ANDSCAPE AND IRRIGATION MAINTENANCE OF THIS SITE AND THE ADJACENT RIGHT OF WAYS, PRIMROSE COURT AND EAST ROGERS ROAD. BETWEEN T-IE CURB, ANY ADJACENT STREETS WITHOUT CURB. AND PROPERTY LINES Of THIS SITE. MAINTENANCE OF THIS SITE INC( UDE5. RUT IS NOT I DATED TO, IRRIGATION INSPECTIONS AND ADJUSTMENTS, IRRIGATION SYSTEM SHUT DOWN AND START UP. IRRIGATION LEAK REPAIR. LANDSCAPE WEEDING. MOWING. SEEDING. FERTILIZATION, WOOD MULCH AND ROCK COVER REPO ACEMENT, PRUNING, AND P1 ANT MAIPRIAI REPO ACFMFNT (INCLUDING ANNUAL BEDS). ALL MAINTENANCE SHOULD BE IN ACCORDANCE WITH STANDARDS SPECIFIED WITHIN THE'ALCC SPECIFICATIONS HANDBOOK' REVISED EDITION- 1996. OWNER SHOULD CONTACT LANDSCAPE CONTRACTOR OR LANDSCAPE ARCHITECT REGARDING ANY QUESTIONS RE*TING TO THE I ANOSCAPF OH IHHIGA I ION MAIN I ENANCE Of I HIS SI I E. IT IS THE RESPONSIBILITY OF THE PROPERTY OWNER TO MAINTAIN THE RIGHT OF WAY AREA AND LANDSCAPING ON EAST ROGERS ROAD NOTES - 1. MNIK THE NORI H 810EOf TREE IN THE NURSERY, AND ROTA T E I Htt 10 RACE NOIII H A I THE SIZE WHENEVER POSSIBLE. 7. AT TIME OF PLANTING, DO NOT REMOVE OR CUT . FADER AND PRUNE": ONI Y DEAD OR BROKEN BRANCHES, CROSS OVPR BRANCHES, AND WEAK OR NARROW CROTCHES. SOME INTERIOR TWIGS AND I A'FRAI BRANCHES MAY SF PRUNI.II. HOWIVI-R. DD NOt HIMONT: I HE ILHMD.AI TWOS OI BRANCH' S I HAI I X' I Nil TO 1 HI ± 1)Gf DI IHI CROWN. 3. STRUCTURAL PRJMNG SHOULD NOT BEGIN UNTIL AFTER ESTASLISHLIEN T PERIOO, USUALLY TWO GROWING SEASONS. 4. HELP PLANTS MOIST AND S"IAOEO UN1R PLANTING. 5, DO NOT FERTIL 2E FOR AT LEAST ONE GROWING SEASON. 6. AMENDED BACKFKA SEAL_ BE AS STATED ON THIS SHEET. 7. WRAP TRUNK ON EXPOSED SITES AND SPECIES WITH THE BARK_ USE ELECTRICAL OR DUCT TAPE, NOT TWINE. S. COORDINATE WITI I CITY rORCSTRV FOR CURRENT INSECT AND DISEASE RECOMMENDATIONS PRIOR TO PLANTING. 9. DEEP WATER AU. PLANTS AT TIME OF PLANTING. MIN. 2X ROOTBALL QN SI `Or I r FT 1 `N003PMAAV OM Will SMRNUM OwPOMELO Wl�+ OLAND,' rtUd1FTKYAT r AGCnG Co. WOW IOR WATT.itq) r1� r ryµq 5 STAY,,..,, 5 f�„il k, CA_I N�..., Aip} Ta t ea*MYhi'b yyyr TRAIT i1G11sfgN4a C WNGT4114.lOW A C'IT MtIOH S,FWAALY.RLS N W4YUM IT `I•,*W1 INNSM$L. NLMOVL S'IM•LS M'HIN I 14 VOAT $OF AANTI\G - Titbit( RDOI ' JJlE %1W.TE TOP Of RDOTsII .. WIEDOW 'IONICIOU I C&IM$ r OOKItLA PAM MILCH Oh.� l•4'DtP1Y n. WCFU 1] 4U CM*N00. PN1MAMA Ile AN IN IIm WOOD M'.I.CII TWIG IWO S'PLMIWG 4St POI TREES IN DISIIAAM) PLTAA.J IIyI NryO�T.TANW'OS MI] IN PIMA TILT ThrA II1p,NWP,�],Sitt ��O istpi*10( oyty.1 S��r.r1o/rNPµAr&RFrP MUIav►MJM 4Nhj aerWI'•. AW OR'RTFS L00OCJ�TGO a, u IdNO a bath NO S CAMSYNIESol PT AA WOMal flMJ SL*1711 WI NIX S ol ICI. ROOIOALL SIMLL 4E!(l Oh PAW. MNJISIMKSLO SOIL AtL.S'.ICrra IIURU.PlNOR•Ii1dBiNALL 'VINE NOR DECIDUOUS TREE PLANTING DETAIL L2.0 SECTION IRRIGATION NOTES ALL TURF AREAS TO BE IRRIGATE 0 WI I r AN AUTOMAT IC POG"-U' SPRINKLER SYSTEM. ALL SANUBS BEDS IOBc IHHIGA TEDWIIR AU I OVA TIC DRIP IRRIGATION SYSTEM. THE IRRIGATION SYSTEM IS TO BE ADJUSTED TO MEEt ' HE NEEDS OF INDIVIDUAL PLANT MATERIAL IRRIGATION SYS-EAT TO BE ADJUSTED AS NEEDED FOR PLAN- FSTASI ISHMFNT FOR A PF RIOD OF AT 1. FAST ONF (1) YEAR. ADJUSTMENTS TO BE MADE AFTER ESTABLISHMENT BASED ON SPECIFIC PLANT REQUIREMENTS. SEE SLGGESTED RUN TIMES PROVIDED WITHIN 'ITCSE PLANS. DESIGN UI IHHIGA I ION SYS I LMS I DULL I OR EXCEED LOCAL REQUIREMENTS AND INDUSTRY STANDARDS. CONSTRUCTION DOCUMENTS SUI'AHI F OR IM-VFI OPMFNt COOi4UINATION IOHF PROVIDED. IRRIGATION SYSTEM TO SE DESIGNED USING APPROPRIATE COMPONENTS FOR PI ANT MATERW . AND WI. I. INCI.JOE A SMART Et CONTROI I FR AND RAIN SENSOR. ALL NATIVE SEED AREAS TO BE PERMANENTLY IRRIGA TED. EXISTING TREE PROTECTION DIRECTIONS: PROTECTIVE FENCING. rOUR FOOT 'EIGHT PROTECTIVE f ENCINO IS TO BC INSTALL E D AROUND TT i'. f XISTING TREES TO REMAIN PRIOR TO CONSTRUCTION ON TI IIS SITE CONTRACTOR IS TO TAKE ERCCAUTIONS TO f NBURF THAT EXISTING ROOTSANO T MSSARE NOT DAMAGED DURING EXCAVATION ADJACENT TO TREF S. FENCING IS TO SF INSTALLED BELOW THE EDGE OF THE CANOPY OF THE EXISTING TREES TO REMAIN . FENCING 1S TO REMAIN IN PLACE FOR THE DURATION OF COMET -RUCTION. IF ROOT PRUNING IS NECESSARY FOR GRADING. EXCAVATING OR INSTALLATION OF IRRIGATION SYSTEM. ALL ROO' PRUNING IS TO TAKE PLACE OUTSIDE OF THE PROTECTIVE FENCING AROUND EACH -REE. CONTRACTOR IS TO TRENCH it AWAY FROM PROTECTIVE FENCING. ANY ROOTS .ARGCR Ti tAN r ARC TO BE SAW CUT. CONTRACTOR IS TO HAND DIG ANY TRENC ES AND SAW CU' ANY INTEERrERNG ROOTS INSIDE 1 tit PROI EC INt TERM AREAS. WATERING, MULCHING, AND FERTILIZATION: PRIOR TO CONSTRUCTION CONTRACTOR M TO PI ACr A 4- If°III Or WOO7 CI TIPS OR MITI CII INSIDE TI iT asoTrCTIVF FENCING OF EXISTING TREES TO REMAIN. CONTRACTOR IS TO PROMO" R' GUI AR Orra WATERING TO ALL EXISTING TREES TO REMAIN THROUGHOUT CONSTRUCTON. DURING CONSTRUCTION A SLOW -RELEASE NITROGEN FERTILIZER IS TO BE APPLIED AROUND THE BASE OF EACH TREE AT A RATE OF 2 LBS. PER 1000 S.F- (USE DRIP LAE OF TREE TO CALCULATE SQUARE FOOTAGE) TREE PROTECTION DETAIL Mr '0 K4r EXISTING TREES EXISTING TREES DESIGNATED ON PLANS AS 'TO REMAIN', OR MARKED FOR PROTECTION AND PRESERVATION IN THE FIELD. SHALL NOT BE REMOVED OH DAMAGED. NO GRADING TO OCCUR WITHIN THE CRITICAL ROOT ZONE / DRIP LINE OF EXISTING TREES. ALL GRADING AROUND EXISTING TREES TO REMAIN SHALL BE APPROVED BY THE LANDSCAPE ARCHITECT PRIOR TO CONSTRUCTION, ALL PROTECTED TREES SHALL HAVE ORANGE PROTECTION BARRIER FENCING ERECTED AT A HEIGHT OF 3' OR GREATER. FENCING TO BE SUPPORTED BY STURDY STOCK- CAPABLE OF SUPPORTING FENCING UNTIL ALL CONSTRUCTION OPERATIONS ARE COMM. FTFD. PLACE NO CI OSE14 THAN 8' FROM TRUNK. ON ONE HAL F (I) OF THE DRIP UNE. WHICHEVER IS GREATER WITHIN THE PROTECTED ZONE THERE SHALL BE NO MOVEMENT OF EQUIPMENT OR STORAGE OF EQUIPMENT. MATERIALS. WAIST. DEBRIS. OR FILL. UNLESS APPROVED BY I I IE LANDSCAPE MOW I EC I , AVOID CUTTING SURFACE ROOTS WHEREVER POSSIBLE. SIDEWALKS AND PAVING LEVELS SI KOULD BE CON TOURED SUFFICIEN I LY TO AVOID SUCH. ROOT CUTS (•ROM EXCAVATION SHOULD BE DONE RAPIDLY. SMOOTHE FLUSH CUTS SHOULD BE MADE. BACKFILL BEFORE ROOTS HAVE A CHANCE TO DRY OUT. AND THOROUGHLY WATER THE TREE IMMEDIATELY. I EXISTING VLGETArlOA (4 - .wwwwm la rem Jana •'own 19 re .amo..wl C,.' C.LA11 d 0LWI5 At.O AND TILT C[N.STRUCTIDN rn .a is WOOD LATI I At l PR.,*S AhOtOR ROOT DISTURSA\CE TO SE SUPERVISED ANDOR PLRI ORML0 DY A SLRVtt I TEEN* J RV IMF Cl IV f OW -5 It IT CRI • CIa1ICAL NOD' JOWL NO LIST LNDAN[L IN COIL all MY4 SOO Its ragouts IMPt ►.... M ra motel! sin nisi N. tett Now WSW Intro '.t'••`. row* St.. it .>. IM aril L2. 12' -� MIN PLANT BED SHRUB PLANTING DETAIL WI D SCALE Sit SHRUM VERTIW SH4JS SPACIT.O AS of K PI AI] LAvOLI WOOLS FMS•Ii.O CKA3l OF L11tiS/yi'J NOS; 6416.0A AM.WLh• I Init UW,aE AI Matta I mat) M ANT TO, or ROOTAN t AT GW YMRF WOOED RFQY000 r CAW R t CORN IA HAIR MJ. CM Ohl ' WD ORGANIC MILD ir 'NG TOM 11.111..0 PT MARI NG NL:9L'0. KEPPMl1, CH A0AV TI 1 r /• WWW 'AMAIN scan sets or Pt ANTING PIT. RAOiLL WITH AMrNOrD SOL MIN. ROOTMLL SHALL RUST ON CORM. JNdSTURSEO SOIL lirlArr oE"'t"LE? i 4tt' taintNPf1ers T L .'t'wi F RpyTI�.��1 1r-.{gXYIOP IT r TWO wLL*a VOJII)OF AY Pt tit PL zt. L2.0 Sot: rla. WI OW IVNTOMOST .a IMA WAY AN'TO. a Mt•4MW4TMt MRNINVrw.ar'4 '.mpro. mu* Matra •t..a1P t�.1� 4e... Ma .—Naaiva MIO T PMad. AtMIMOaA. MiaA. SISTP ••••1111•01,111 IMO W w tW. ea TatbHTille TITTr enoont trumbeaeator maws its PLACE AS PER PINS —Ye— i sH4LrIO r 11LIMA.. /CHIANPO01IRu HAM VU U• ON r PERENNIALIGROUNDCOVER PLANTING DETAIL L2.0 NOT TO SCA-E J RLYISiONS: grAdr yfi.'I' Fps 0,3 is O w O LL o -J O w Q E Z /-� U CD 0 r 0 J F w 0 Z 4 nJ LPL W 0 0 0 Z PROJ. ND.: DATE: 09.15.23 SCALE. See Sheel DRAWN; JRO CHKD BY' NAM 5.1: F T L2 0 V Bond # 7445737 PERFORMANCE BOND FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO KNOW ALL PERSONS BY THESE PRESENTS, that Henry Frank, LLC,8993 Audubon Court, Niwot, CO 80503, a limited liability company, organized under the laws of the State of Colorado, with its principal office located at 8993 Audubon Court, Niwot, CO 80503, hereinafter called "Principal", and Old Republic Surety, of P 0 Box 1635, Milwaukee, WI 53201, hereinafter called "Surety" are held and firmly bound unto Board of County Commissioners of Weld County, Colorado, on behalf of Weld County, Colorado, hereinafter called "Obligee" in the full and penal sum of One Hundred Nine Thousand, Fifty -Six and 88/100 Dollars ($109,056 88), lawful money of the United States for the payment of which well and truly made, we bind ourselves, our heirs, administrators, successors and assigns, jointly and severally, firmly by these presents WHEREAS, the above -bound Principal has obtained or is about to obtain from the Obligee a land use permit, namely lAMSPR23-03-362, and pursuant to the requirements of said permit, has entered into an Improvements Agreement, dated 04/29/2024, with Obligee, and WHEREAS, The Improvements Agreement requires Principal to obtain a performance bond in an amount equal to the total cost of the improvements for which Principal is responsible and naming Obligee as beneficiary, and WHEREAS, the value of improvements for which Principal is responsible equals Eighty -Seven Thousand, Two Hundred Forty -Five and 50/100 Dollars ($87,245 50), and WHEREAS, at completion of the Project Collateral phase of the Agreement, the amount of this Bond shall be reduced, by rider, to 15% of the original amount throughout the Warranty Collateral phase of the Bond, and shall be held in total by the County for two (2) years following its written acceptance of the improvement(s) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal shall well, truly and faithfully perform its duties, and all of its undertakings, covenants, terms, and conditions as set forth in the Improvements Agreement, and if Principal shall satisfy all claims and demands set forth in said agreement, and shall fully indemnify and save harmless Obligee from all costs and damages which it may suffer by reason of Principal's failure to perform as agreed, and shall reimburse and repay Obligee all outlay and expense which Obligee may incur in making good any default, then this obligation shall be null and void, PROVIDED FURTHER, that if Principal shall default in any of its obligations set forth in the Improvements Agreement, and thereafter fail to fully indemnify and save harmless Obligee from all costs and damages which it may suffer by reason of said default, this obligation shall remain in full force and effect, PROVIDED FURTHER, regardless of the number of years this Bond is in force, or the number of continuation certificates issued, the liability of the Surety Bond # 7445737 shall not be cumulative in amounts from period to period and shall in no event exceed the amount set forth above, or as amended by rider; PROVIDED FURTHER, that Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Improvements Agreement to the work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Improvements Agreement. PROVIDED FURTHER, this bond is NONCANCELLABLE, and shall renew annually automatically, from the date of this bond until its release by Obligee, to guarantee that Principal shall well, truly and faithfully perform its duties, and all of the undertakings, covenants, terms, and conditions set forth in the Improvements Agreement, and any extensions thereof which may be granted by Obligee with or without notice to Surety. The parties to this Performance Bond acknowledge that through the Improvements Agreement, Obligee reserves the right to require Principal to obtain a different Performance Bond from a financial institution other than Surety in the event that the rating of Surety by AM Best falls below a B+ rating. IN WITNESS WHEREOF, this instrument is executed in four (4) counterparts, each one of which shall be deemed an original, this 29th day of May, 2024. Henry Frank, LLC PrincipSecretary/Witness (SEAL) Witness as to Surety Principal By: Sophia Stone, Co -Manager Old Republic Surety Company By: etit/I-CCD vi#07 er-t_ Valerie J Mathiason, Attorney -in -Fact 4848 Thompson Parkway, Suite 200 4848 Thompson Pkwy, Suite 200 Address Johnstown, CO 80534 Address Address Johnstown, CO 80534 Address V OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALI. MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint- RAE L. CAMPBELL, DAVID M. JANSSEN, VALERIE J. MATHIASON, STELLA R. FERRIS, DIANA VIGIL, ANDREA WRIGHT, SEAN M. PENNY, ANDREW FRITZLER, KIRK MALCOLM, OF JOHNSTOWN, CO its true and lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the company as surety, to execute and deliverand affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned andsealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits ofthe authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification there of authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 22ND day of MARCH, 2024. Peek•tes. go • 44"..firteae, Assistant Secretary STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS vc S u Ai t _ `e` t" ' iiii c q A" t ri " g SEAL a ' --G ;S, / y : 'test ._ w W OW REPUBLIC SURETY COMPANY President On this 22ND day of MARCH, 2024 , personally came before me, Alan Pavlic and Karen J Haffner , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. CERTIFICATE Notary Public My commission expires: 9/28/2026 (Expiration of notary commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. 40-4216 Sot i�� .r ' ;,;,gt?Oa�; j 0 a SEAL- tP Signed and sealed at the City of Brookfield, WI this ,r4day of ,of?OaCi �4 gas-kfrateas, Assistant Secretary PFS INSURANCE GROUP, LLC 22851-W POAORS 102020 Contract Form Entity Information Entity Name* HENRY FRANK LLC Entity ID* @00048121 Contract Name* ONSITE IMPROVEMENTS AGREEMENT 1 AMSPR23-03- 362 HENRY FRANK LLC Contract Status CTB REVIEW Q New Entity? Contract ID 8354 Contract Lead * JTRUJILLOMARTINEZ Contract Lead Email jtrujillomartinez@weldgo v.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description* ONSITE IMPROVEMENTS AGREEMENT 1 AMSPR23-03-362 HENRY FRANK LLC COLLATERAL IN THE AMOUNT OF $109,056.88 IS REQUIRED AND HAS BEEN PROVIDED IN THE FORM OF PERFORMANCE BOND #7445737 ISSUED BY OLD REPUBLIC SURETY Contract Description 2 Contract Type* AGREEMENT Amount* $109,056.88 Renewable* NO Automatic Renewal Grant IGA Department PLANNING Department Email CM- Planning@weldgov.com Department Head Email CM-Planning- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Requested BOCC Agenda Due Date Date* 06/15/2024 06/19/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 06/19/2025 Committed Delivery Date Renewal Date Expiration Date* 06/19/2026 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel ELIZABETH RELFORD CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 06/13/2024 06/14/2024 06/14/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date Tyler Ref # AG070824 Originator JTRUJILLOMARTINEZ Hello