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Home My WebLink About20231273.tiffRESOLUTION RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS, AUTHORIZE CHAIR TO SIGN, AND ACCEPT PROJECT COLLATERAL FOR CERTAIN ON -SITE IMPROVEMENTS AND ALL OFF -SITE IMPROVEMENTS FOR SITE SPECIFIC DEVELOPMENT PLAN AND RURAL LAND DIVISION FINAL PLAN, RLDF22-0002 - CMH HOMES, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on October 26, 2022, the Weld County Board of Commissioners approved the application of CMH Homes, Inc., 3455 West Service Road, Evans, Colorado 80620, for a Site Specific Development Plan and Rural Land Division Final Plan, RLDF22-0002, for four (4) lots with A (Agricultural) Zone District Uses, on the following described real estate, being more particularly described as follows: Being part of the E1/2 SE1/4 of Section 36, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Tracy Johnson, CMH Homes, Inc., 3455 West Service Road, Evans, Colorado 80620, and WHEREAS, pursuant to certain Conditions of Approval, the Board 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 CMH Homes, Inc., with further terms and conditions being as stated in said agreement, and WHEREAS, the Board has been presented with Irrevocable Letter of Credit #SLCMMSP11084 issued by U.S. Bank National Association, Attn: Global Trade and Standby Services, BC-MN-H20O, 800 Nicollet Mall, Minneapolis, Minnesota 55402, in the amount of $53,760.00, and WHEREAS, after review, the Board deems it advisable to approve said agreement and accept said Irrevocable Letter of Credit #SLCMMSP11084, 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 CMH Homes, Inc., be, and hereby is, approved. 4898947 Pages: 1 of 24 05/18/2023 10.68 AM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County CO till GC : FT(T9/KtJ/OA/?TH /KR /DA) OS/2H/23 2023-1273 PL2843 IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT (RLDF22-0002) - CMH HOMES, INC. PAGE 2 BE IT FURTHER RESOLVED that Irrevocable Letter of Credit #SLCMMSP11084 issued by U.S. Bank National Association, Attn: Global Trade and Standby Services, BC-MN-H2OG, 800 Nicollet Mall, Minneapolis, Minnesota 55402, in the amount of $53,760.00, 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 May, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d/) %� Weld County Clerk to the Board BY: AP orney Date of signature: O5 /l6/23 4898947 Pages: 2 of 24 05/18/2023 10:56 AM R Fee:$0.00 Carly Koppes, clerk and Ro ordo , Weld County , co 11111 Mike Ec man, Chair Scott K. James evin D. Ross Lori Sain 2023-1273 PL2843 OIC BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item - Approve On -Site Improvements Agreement for: CMH Homes, Inc. — RLDF22-0002 DEPARTMENT: Planning Services DATE: April 18, 2023 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Planning Services received a request from the applicant, CMH Homes, Inc., requesting that the Board of County Commissioners consider approving the On -Site Improvements Agreement for (RLD22-0002). Collateral in the amount of $53,760.00 is required with this agreement. Collateral has been provided in the form of Irrevocable Letter of Credit Number SLCNNSP11084, issued by U.S. Bank National Association, 800 Nicollet Mall, Minneapolis, Minnesota 55402. 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 Rural Land Division 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. 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 RLDF22-0002, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. Approve Sc edule Recommendation Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine O(/2L) 2023-1273 P L2 43 VD bank® U.S. BANK NATIONAL ASSOCIATION GLOBAL TRADE & STANDBY SERVICES, BC-MN-H2OG usbank.c9j NICOLLET MALL MINNEAPOLIS, MN 55402 JANUARY 13, 2023 SWIFT: USBKUS44 TELEPHONE: 612-303-7395 612-303-7374 FACSIMILE: 612-303-5226 IRREVOCABLE LETTER OF CREDIT NUMBER SLCMMSP11084 BENEFICIARY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY 1555 NORTH 17TH AVE GREELEY, CO 80631 AMOUNT: USD 53,760.00 APPLICANT: CLAYTON HOMES, INC DBA CLAYTON HOMES #277 3455 W SERVICE RD EVANS, CO 80620 EXPIRATION DATE: DECEMBER 31, 2023, OR AS EXTENDED AT THE REQUEST AND FOR THE ACCOUNT OF CLAYTON HOMES, INC DBA CLAYTON HOMES #277 ("APPLICANT"), WE U.S. BANK NATIONAL ASSOCIATION 800 NICOLLET MALL, MINNEAPOLIS, MN 55402, ATTN: GLOBAL TRADE & STANDBY SERVICES, BC-MN-H2OG ("ISSUER") ISSUE THIS IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER SLCMMSP11084 ("STANDBY") IN FAVOR OF BOARD OF COUNTY COMMISSIONERS WELD COUNTY ("BENEFICIARY") IN THE MAXIMUM AGGREGATE AMOUNT OF USD 53,760.00. ISSUER UNDERTAKES TO BENEFICIARY TO PAY BENEFICIARY'S DEMAND FOR PAYMENT IN THE CURRENCY AND FOR AN AMOUNT AVAILABLE UNDER THIS STANDBY AND IN THE FORM OF THE ANNEXED PAYMENT DEMAND COMPLETED AS INDICATED AND PRESENTED TO ISSUER AT THE FOLLOWING PLACE FOR PRESENTATION: U.S. BANK NATIONAL ASSOCIATION, 800 NICOLLET MALL, MINNEAPOLIS, MN 55402, ATTN: GLOBAL TRADE & STANDBY SERVICES, BC- MN-H2OG, ON OR BEFORE THE EXPIRATION DATE. THE EXPIRATION DATE OF THIS STANDBY IS DECEMBER 31, 2023. THE EXPIRATION DATE OF THIS STANDBY SHALL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE ONE YEAR PERIODS, UNLESS ISSUER NOTIFIES BENEFICIARY BY OVERNIGHT COURIER, REGISTERED MAIL OR OTHER RECEIPTED MEANS OF DELIVERY SENT TO BENEFICIARY'S ABOVE -STATED ADDRESS SIXTY (60) OR MORE DAYS BEFORE THE THEN CURRENT EXPIRATION DATE THAT ISSUER ELECTS NOT TO EXTEND THE EXPIRATION DATE. PAYMENT AGAINST A COMPLYING PRESENTATION SHALL BE MADE WITHIN 3 BUSINESS DAYS AFTER PRESENTATION BY WIRE TRANSFER TO A DULY REQUESTED ACCOUNT OF BENEFICIARY. AN ADVICE OF SUCH PAYMENT SHALL BE SENT TO BENEFICIARY'S ABOVE - STATED ADDRESS. PARTIAL AND MULTIPLE DRAWINGS ARE PERMITTED. THIS STANDBY IS ISSUED SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998 (ISP98) (INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 590) AND, U.S. BANK NATIONAL ASSOCIATION'S OBLIGATIONS UNDER THIS STANDBY ARE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK. THE COURTS LOCATED IN THE STATE OF NEW YORK SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY ACTION TO ENFORCE U.S. BANK NATIONAL ASSOCIATION'S OBLIGATIONS UNDER THIS STANDBY. SLCMMSP11084 U.S. Bank 1 1 3 orY Inj ALL DOCUMENTS MUST BE ISSUED IN THE ENGLISH LANGUAGE EXCEPT THAT ANY STAMPS, LEGALIZATION, OR ENDORSEMENTS, SHOWN ON A DOCUMENT MAY BE IN A LANGUAGE usbank.aaTHER THAN ENGLISH. DOCUMENTS WHICH SHOW PRE-PRINTED FIELD HEADINGS IN BOTH ENGLISH AND A SECOND LANGUAGE ARE ALSO ACCEPTABLE. ANY PROPER NAMES (INCLUDING NAMES OF PERSONS, ENTITIES, VESSELS) THAT USE NON -LATIN CHARACTERS MUST BE TRANSLITERATED USING LATIN -ALPHABET CHARACTERS. bank ISSUER SHALL NOT BE LIABLE FOR ANY DELAY, NON -RETURN OF DOCUMENTS, NON- PAYMENT, OR OTHER ACTION OR INACTION COMPELLED BY A JUDICIAL ORDER OR BY ANY LAW OR REGULATION APPLICABLE TO ISSUER. U.S. BANK NATIONAL ASSOCIATION (4,42(.,(, AUTHOR ED SIGNATU E SLCMMSP11084 U.S. Bank 2 13 ANNEXED PAYMENT DEMAND [INSERT DATE] TO: U.S. BANK NATIONAL ASSOCIATION 800 NICOLLET MALL MINNEAPOLIS, MN 55402 ATTN: GLOBAL TRADE & STANDBY SERVICES, BC-MN-H2OG RE: STANDBY LETTER OF CREDIT NO. SLCMMSP11084, DATED JANUARY 13, 2023, ISSUED BY U.S. BANK NATIONAL ASSOCIATION ("STANDBY") THE UNDERSIGNED BENEFICIARY DEMANDS PAYMENT OF [INSERT CURRENCY/AMOUNT] UNDER THE STANDBY. BENEFICIARY STATES THAT: APPLICANT IS OBLIGATED TO PAY THE BENEFICIARY THE AMOUNT DEMANDED UNDER (OR IN CONNECTION WITH) THE AGREEMENT RLDF22-0002 BETWEEN BENEFICIARY AND APPLICANT FOR ROAD CONSTRUCTION COSTS. BENEFICIARY REQUESTS THAT PAYMENT BE MADE BY WIRE TRANSFER TO AN ACCOUNT OF BENEFICIARY AS FOLLOWS: [INSERT NAME, ADDRESS, AND ROUTING NUMBER OF BENEFICIARY'S BANK, AND NAME AND NUMBER OF BENEFICIARY'S ACCOUNT]. BOARD OF COUNTY COMMISSIONERS WELD COUNTY 1555 NORTH 17TH AVE GREELEY, CO 80631 BY ITS AUTHORIZED OFFICER: [INSERT ORIGINAL SIGNATURE] [INSERT TYPED/PRINTED NAME AND TITLE] SLCMMSP11084 dr( U.S. Bank 3 1 3 IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS CMH Homes, Inc. — RLDF22-0002 THIS AGREEMENT is made this and day of , 2021_, by and between CMH Homes, Inc., whose address is 3455 West Service Road, Evans, Colorado 80620, 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: Being a part of the E1/2 SE1/4 of Section 36, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, Property Owner has received Board of County Commissioner approval of the Rural Land Division Final Plan, RLDF22-0002, for four (4) lots with A (Agricultural) Zone District Uses, and WHEREAS, Property Owner acknowledges that the final approval of RLDF22-0002 is conditional upon Property Owner's funding and/or 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 RLDF22-0002 until said improvements have been completed and accepted by County, and 2 WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code S -IT Sec. 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 .a! m 5'm 742,1-. WHEREAS, the parties agree that the Property Owner shall provide collateral for certain on -site t oand off -site improvements required by this Agreement when the Board of County Commissioners approves MoI " M this Agreement. o 15'5 ' NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant, and agree as follows: OW0-4 N p.� CMH Homes, Inc. — RLD22-0002 - ONSIA22-0005 �O� w°r° a Page 1 of 11 p2 PART I: SITE SPECIFIC PROVISIONS A. Off -Site Improvements (as required by the BOCC): The Property Owner shall be responsible for the construction of certain off -site safety improvements identified in the RLD hearing Resolution, 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 road intersection with Weld County Road 38. 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 Weld County Road 38. 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 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. Property Owner shall substantially complete all improvements in accordance with Exhibit B-1 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. 4.0 Off -site Improvements Collateral. As required, collateral is accepted and released by the Board of County Commissioners pursuant to the Weld County Code. Additional information about collateral is outlined in Part II.B of this Agreement. B. On -Site Improvements: Property Owner shall be responsible for the construction of all On -Site Improvements as shown on the accepted Exhibits of RLDF22-0002. Improvements located on the Property shall be considered "On -Site Improvements." 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 CMH Houses, Inc. — RLD22-0002 - ONSIA22-0005 Page 2 of 11 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. Property Owner shall obey all applicable regulations issued by the Occupational Safety and Health Administration (OSHA), Colorado Department of Transportation (CDOT), Colorado Department of Public Health and Environment (CDPHE), and other Federal, State, or County regulatory agencies. 2.0 On -Site Grading, Drainage Facilities. Property Owner shall, at its sole expense, grade 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 development. 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 and/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 and off -site improvements, and 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 Property Owner may submit either new or revised collateral documentation to the Planning Services Department. Then Planning Services 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, registered in the State of Colorado. 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 CMH Homes, Inc. — RLD22-0002 - ONSIA22-0005 Page 3af11 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. 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; (2) Warranty Collateral is required for all off -site improvements during the two-year warranty period; and CMH Homes, Inc. — RLD22-0002 - ONSIA22-0005 Page 4af11 (3) Road Maintenance Collateral is required to be kept in place for the life of the permit/project. Collateral acceptance and release is governed by the Weld County Code. 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 100% 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 2-3-30 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 2-3-30 of the Weld County Code. For collateral release, the Planning Department conducts inspections for on -site and off -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 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. CMH Homes, Inc. — RLD22-0002 - ONSIA22-0005 Page 5 of 11 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. 3.3 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 accept 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. 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 Planning Services 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 accept 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 Planning Services 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, personnel shall accept the improvements. Such final acceptance shall authorize the Property Owner to request the Board of County Commissioners to release the Warranty Collateral. CMH Homes, Inc. — RLD22-0002 - ONSIA22-0005 Page 6of11 3.3 Placement of Improvements into Service Prior to County Approval. If requested by the Property Owner and agreed upon 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 Planning Services. Planning Services 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. 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 CMH Homes, Inc. — RLD22-0002 - ONSIA22-0005 Page 7 of 11 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 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 the health, safety, and welfare of the residents of Weld County. 3.2 Execution of Replacement Agreement. This Agreement shall terminate following County's 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 this Agreement. F. General Provisions: 1.0 Successors and Assigns. 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 CMH Homes, Inc. — RLD22-0002 - ONSIA22-0005 Page 8of11 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 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. 6.0 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. 7.0 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 8.0 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 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. 9.0 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. 10.0 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. 11.0 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. 12.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential CMH Homes, Inc. — RLD22-0002 - ONSIA22-0005 Page 9 of 11 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. CMH Homes, Inc. — RLD22-0002 - ONSIA22-0005 Page 10 of 11 PROHomes, Inc. By: Name: Title: tit Qk./1-atg-ee, STATE OF COLORADO County of Weld Date — ss. TRACY L JOHNSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20214031765 MY COMMISSION EXPIRES AUGUST 10, 2025 The foregoing instrument was acknowledged before me this 166 day of ort,_____ 203 , by NV\ Vi2 ji rm—,1'\ WITNESS my hand and official seal. BOARD OF COUNTY COMMISSIONERS WELD COUNTY: ATTEST: Weld Co BY: Clerk to the oard WELD COUNTY, COLORADO Deputy Cler eeman, Chair MAY 0 8 2023 CMH Homes, Inc. — RLD22-0002 - ONSIA22-0005 Page 11 of 11 EXHIBIT JC Services Ltd 15871 COUNTY ROAD 47.5 LA SALLE, CO 80645 Name / Address Clayton Homes 3455 West Service Rd Evans, CO 80620 RL Estimate Date Estimate # 11/15/2022 40 ---T-_-- Project - - - -- - -- - -- - Description -- _-- Qty Rate Total Build gutter compact road and and 18 65 then feet wide foot turn add and around another approximately at the 4 inches end. of 644 Build base feet up on 4 top. long inch with base 1 foot - 1 25,500.00 25,500.00 a U anG S. rL C 25r U - si 19 -4r cre3 N 0 _� Ia. L a aZ' W L ank you for your business. -- ----- __ - --. 525,500.00 v'LL o`s - g — Total rime_ go a. In m- M Phone # 970-381-4606 E-mail jcservicesnoco@gmail.com NO o� �r.Y`CD - 000GO Clayton Home 3455 W Service RD Evans, CO 80620 970-339-5500 Off Site Construction Schedule November 21, 2022 RLDF22-0002 Slavin Way DURATION TASK: Rough Grading 1 WEEK Placing and Compaction /Sub Base and Road Base 1 WEEK a V C _ im vs G arm. N _Pi 4..rgan o w� „,,„. raw .. �a� sof__ d. Ill 0- PC 'U r N N G a eN o _a to?,CO 0304- EXHIBIT A - Cost Sheet (ON -SITE Title: Phone: Personnel Contact: Name Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. • • • • ll • 1 • 1 • . 1 . / • 1 • 1 • / • / D. 1 . ► • 1 ._ / • 1 • 1 • 1 . ► •`• 1 • 1 • • . 1 • • I • 1 . • ► • 1 . , • • 1 • T • ► ., i Improvements (Leave spaces blank where they do not apply) • / 1 / 1 1 � / 1 6:1: ` 1 DiL.L•.:_•.,._.- 1 / 1 / 1 1 1 •_a` ` •t. • •c.r.l � •. ► •_ 1 •_•_ / 1 t, ._ 1 •• 1 •_ 1 •z_,_L.�_•_, 1 1 1 1 / 1 s_ � •,,_ � / • lit / 1 =:r,��(s,�t,.,._• Quantity Units Unit Costs (S) Estimated Construction Cost (S) ,I,PUBLIC WORKS, Survey, Street Monuments/Boxes Street Grading Street Base Street Paving Pavement Marking Entrance/Access Improvements Road Culvert Dust Control (per Sec. E.-7.5.2) Road Maint. Collateral (per Sec. E.-7.5) J,PLANNING SERVICES, Sidewalks Curbs, Gutters, and Culverts i Fire Hydrants Site Grading Retention / Detention Ponds Stormwater/Drainage Facilities Erosion Control Measures/BMP's ‘' \ ',. Grass Lined Swale it Subsurface Drainage Ditch Improvements Parking Mailboxes Area, Curb Stops, Bus Kiosks, Street Lighting Street Names Signage Fencing Requirements Landscaping, Seeding, Trees, etc. Park Improvements Handicap Accessibility, Parking & Rails ,t Health Department, Septic Systems SUB -TOTAL: Engineering and (Testing, inspection, as -built plans and work in addition to preliminary and Supervision Costs ($) final plat; supervision of actual construction by contractors) m re. •-r, • • T r, a w • T r'' T !'n ant emT J. T" 7III 4 % / ' A iT w TAT C' 4898947 Pages: 16 of 24 05/18/2023 10:56 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO rnrrnrrrni \G AND SUPERVISION (S) III rJP:P: +hJIitL i III EXHIBIT EXHIBIT B - Time Schedule (ON -SITE) Name of Subdivision, PUD, USR, RE, SPR: Filing/Case #: Locatio Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. FZZ-coo a All improvements shall be completed within years from the date of approval of the final plat. Construction of the improvements listed it Exhibit A-2 shall be completed as follows: (Leave spaces Improvements blank where they do not apply) Time Schedule (ON -SITE) 4,PUBLIC WORKS,, Survey, Street Monuments/Boxes . Street Grading Street Base Street Paving Pavement Marking Entrance/Access Improvements Road Culvert Sidewalks, (OFF -SITE) Curbs, Gutters, and Culverts Dust Control (per Sec. E.-7.5.2) Road Maint. Collateral (per Sec. E.-7.5) ,I,PLANNING SERVICES, / 'IV.77, Sidewalks, (ON -SITE) Curbs, Gutters, and Culverts Fire Hydrants Site Grading Retention / Detention Ponds Stormwater/Drainage Facilities Erosion Control Measures/BMP's Grass Lined Swale Subsurface Drainage Ditch Improvements Parking Mailboxes Area, Curb Stops, Bus Kiosks, Street Lighting Street Names Signage Fencing Requirements Landscaping, Seeding, Trees, etc. Park Improvements Handicap Accessibility, Parking & Rails ,Health Department,, Septic Systems Final Completion Date for Entire Project 4898947 Pages: 17 of 24 05/18/2023 10:58 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO III PAP! KINAINO gYARIPAIMIiiiigh, II II 03 IL- N --o ® -1l N w y N 0. l m wr- r O1 el to J 3 r �-1 s ar Dest t7 M C aim SLAVIN WAY CONSTRUCTION PLANS A PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH. PRINCIPAL MERIDIAN. WELD COUNTY COLORADO PROJECT LOCATION: A PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH. PRINCIPAL MERIDIAN, WELD COUNTY COLORADO WCR 46- M WCR 44 TOWN GILCREST OF WCR 42 —1 L. t co U 3 WCR 40 _ l O1J ei et WCR 40 WCR 35 PROJECT en co WCR 38. — it U WCR 29 'in - cc 0 WC R 36 rn en v OWNER. CLAYTON HOMES CONTACT TRACY JOHNSON 3455 W Service Rd, Evans, CO 80620 OFFICE: 970-339-5500 VICINITY MAP 1" = 2000' PROJECT ENGINEER: CDS ENGINEERING CORPORATION CONTACT JOHN DONNELLY P.E 165 SECOND STREET SW LOVELAND, CO 80537 OFFICE. 970-667-8010 PROJECT SURVEYOR CDS ENGINEERING CORPORATION CONTACT STEVEN D WOOD 165 SECOND STREET SW LOVELAND, CO 80537 OFFICE 970-667-8010 TABLE OF CONTENTS 1 C-1 TITLE SHEET 2 C-2 CONSTRUCTION NOTES 3 C-3 SURVEY CONTROL 4 C-4 EROSION CONTROL 5 C-5 DRIVEWAY PROFILE 6 C-6 GRADING PLAN 7 C-7 DETAILS 04/18/2023 Digitally signed by John F. John F. Donnelly, P.E Donnelly, P.ED023.o4A 13:00:20 CONTACT UTILITIES BEFORE START OF CONSTRUCTION CONTACT 811 Know what's below. Call before you dig. A 0 n ci a DF5fliED By • z �zo Q ✓ 0• w DzW O V> zi= n-o to (..9 < WALL?� O O-b -O z<=cn o 4: z • � Wz }zWFIT. �5WWOo zN C• I)W3 z3 o W c�w a.Z a Q a Sheet C-1 1 Of 7 Sheets 4898947 Pages: 19 of 24 05/18/2023 10:56 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Ell 1 rjl i+JhVitN1II 7 - CONSTRUCTION NOTES P.FNFRAI NnTFs. VTLITv NOTES: Gt. ALL MATERIALS AND WOgKMAN5HIP SHALL BE IN CONFORMANCE WITH THE PROJECT PLANS, PROJECT TECHNICAL Vt. THE CONTRALTI sPECIFICATON5, COLORADO DEPARTMENT OF iRAN5PORTATON. STANDARD SPECIFICATIONS FDR ROAD AND BRIDGE SHOWN ON THE CONSTRUCTION, CURRENT VERSION, ANO THE M&s STANDARD PLANS CURRENT VERSION. ALL WORK WILL BE INSPECTED ANN MEASUREMENTS APPROVED BY THE OWNERS REPRESENTATIVE. COMPLETE. TI GZ. THE CONTRACTOR SHALL HAVE IN THE CONTRACTOR'S POSSESION AT ALL TIMES ONE (1) SIGNED COPY OF THE CONTRACT, 1-000-922-19 AND ONE (TJ COPY OF THE STORMWATER MANAGEMENT PLAN FOR THE PROJECT. HAVE ALL REG CONTACTING h G3. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO NOTIFY THE OWNER REPRESENTATIVE OF ANY PROBLEM IN CONFORMING Tq BEGINNI TO THE APPROVED PLANS FOR ANY ELEMENT OF THE PROPOSED IMPROVEMENTS PRIOR TO ITS CONSTRUCTION. V2. THE CONTRACTOR SHALL BE RESPONSIBLE FOR LOCATING ALL EXISTING UTILITES (INCLUDING DEPTHS) WHICH MAY D4. ANV CONSTRUCTION DEBRIS OR MUD TRACKED ONTO EXISTING PAVED ROADWAYS SHALL BE REMOVED IMMEDIATELY RY THE CONFLICT WITH THE PROPOSED CONSTRUCTION. THE CONTRACTOR. AT THE CONTRACTOR'S EXPENSE, SHALL CONTRACTOR BY SWEEPING. THE CONTRACTOR SHALL REPAIR ANY PAVEMENT FAIWRES CAUSED RY THE CONTRACTOR'S PROTECT ALL E%ISTNG UTLITES ANO BE RESPONSIBLE FOR THEIR REPAIR IF THEY ARE DAMAGED DURING CONSTRUCTION. THIS WORK SHALL NOT BE PAID FOR SEPARATELY, BUT SHALL 0E CONSIDERED SUBSIDIARY TO THE WORK. L PE ONSTRUCTON. ALL WORK PERFORMED IN THE AREA OF ESTNG UTILITIES AND IRRIGATION SHALL BE RFORMED ACCORDING TG THE REQUIREMENTS OF THESE AGENCIES. G5. THE CONTRACTOR SHALL BE SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITDNS AT AND ADJACENT TO THE JOB SITE INCLUDING SAFETY OF ALL PERSONS ANO PROPERTY DURING THE PERFORMANCE OF THE WORK. THE CONTRACTOR SHALL U3. THE CONTRACTOR SHALL COORDINATE CONSTRUCTON ACTVITEG WITH IMPACTEp UTILITIES TO ASSURE THE TIMELY PROVIDE ALL LIGHTS, SIGNS, BARRICADES, BADGERS OR OTHER DEVICES NECESSARY TO PROVIDE FOR THE PUBLIC SAFETY. gELOCATON OF THEIR FACILITIES. THIS COORDINATION SHALL INCWDE ANTICIPATED IMPACTED UTLITIES ANO THIS REQUIREMENT SHALL APPLY CONTINUOUSLY ANO NOT RE LIMITED TO NORMAL WORKING HOURS. THE CONTRACTOR SHALL UNFORESEEN IMPACTED UTLITES. THE UTILITY WORK SHALL RE IFILJE IN THE CONTRACTOR'S SCHEDULE. BE RESPONSIBLE FDR ALL ASPECTS OF SAFETY INCLUDING, BUT NOT LIMITED T0, EXCAVATION, TRENCHING, SHORING, TRAFFIC CONTROL, AND SECURITY. REFER TO OSHA PUBLICATON 222fi, EXCAVATING AND TRENCHING FOR ADTTONAL INFORMATION. G6, THE CONTRACTOR SHALL WORK WITHIN THE LIMITS OF THE R.O.W. AND EASEMENTS INDICATED ON THE PLANS. THE CONTRACTOR SHALL KEEP EQUIPMENT AND MATERIAL WITHIN THE ESTABLISHED LIMITS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING ANY OTHER AGREEMENTS WITH PROPERTY OWNERS AS DEEMED NECESSARY. S SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATON OF EXISTNG UTILITIES, AS REVISION OF SECTION 614 PLANS, IS BASED ON RECORDS OF THE VARIOUS UTUTY COMPANIES AND WHERE POSSIBLE TRAFFICCOMROLOEVIGE6IOROUNO6IONPOBT6) KEN IN THE FlEW. THE INFORMATION IS NOT TO BE RELIED UPON AB BEING EXACT OR ;ONTRACTOR SHALL CONTACT THE UTILITY NOTIFICATION CENTER OF COLORADO (UNCC) AT SECTION 614 OF THE STANDARD SPECIFICATIDNB I6 HEREBY REVISED FOR THIS PROJECT AB FOLLOWS: or 811, AT LEAST TWO WORKING DAYS PRIOR TO BEGINNING E%CAVATION OR GRADING, TO RED UTILITY LOCATONS MARKET. THE UNREGISTERED UTILITIES ARE TO BE LOCATED BY SVB6ECTIDN 614.D2 IS HEREBY REVISED TO INCLUDE THEP...WM: IESPECTIVE REPRESENTATIVES. UTILITY SERVICE LATERALS ARE ALSO TO BE LOCATED PRIOR ,NATION OR GRADING. POSTS -2F1.0%. 2N^ SQUARE POSTS, 12 -GAUGE. ASTM DESIGNATION A570, GRADE 50 DRILLED WITH 7/16" DIAMETER HOLES ON CENTER5. ANCHORS -)SM% 2K=X 30'TALL SQUARE TUBE 12 -GAUGE. ASTM DESIGNATION AS]O. CRATE 50, DRILLED WITH ]/1fi�DIAMETER. HOLES, ON 1ENTER5. 3,J -BOLTS OR CORNER BOLTS SHALL BE USED TO ATTACH THE POSTS TO THE ANCHORS. HARDWARE TO SECURE TRAFFIC SIGNS TD POST SHALL :VET 3/BCARRIAGE BOLTS WITH2FENOER WASHERS, LOCK WASHERS AND SFiii 3/BNUTS RIVETS SHALL NOT BE ALLOWED IN THE ASSEMBLY OF ANY PORTION OF SIGN CONSTRUCTON. 5. COATING _ ALL POSTS AND ANCHORS SHALL BE GALVANIZED 70 ASTM DESIGNATION A653, G90, STRUCTURAL DUALITY GRADE 50, CLASS 1. THE STEEL SHALL AL50 BE COATED WITH A CHROMATE CONVERSION COATING AND A CLEAR ORGANIC POLYMER TOPCOAT. GB, THE CONTRACTOR SHALL MAINTAIN ACCESS TO AFFECTED PROPERTY OWNERS AT ALL TMES pURING CONSTRVCTON AT NO - -- 6. ALL STOP SIGN POSTS (REGARDLESS OF LOCATION) ANO ALL OTHER SIGN POSTS N A ROUNDABOUT ADDITIONAL COST TO THE PROJECT. T1. CONTRACTOR SHALL OOTAIN A RIGHT OF WAY PERMIT PRIOR TO COMMENCEMENT OE ANY CONSTRUCTION OR SHALL BE EQUIPPED WITH REFLECTIVE MARKINGS ON ALL FOUR (4) SIDES OF THE POSTS. ACTIVITIES WITHIN THE COUNTY ROW. CONTACT AMY M'iCHE AT (70) 304-fi496 E%T. 3]64. G9; THE CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING ALL NECESSARY PERMITS FOR ALL APPLICABLE AGENCIES PRIOR TO STRUCTURE SIGNS SHALL BE GREEN WITH WHITE LETTERING AND SHALL BE ATTACHED TO THE BRIDGE STRUCTURE COMMENCEMENT OF CONSTRUCITON WHEREVER POSSIBLE. SUBSECTION 614.06 IS HEREBY REVISE. TO INCLUDE THE FOLLOW WO: G11. THE CONTRACTOR SHALL LIMIT CONSTRUCTION ACTVITES TO THOSE AREAS WITHIN THE LIMITS CF CONSTRUCTION AND/OR FARTHWnRSTEEL SQUARE TUBE TYPE PERFORATED SIGN POSTS AND ANCHORS PLACED IN CONCRETE OR ASPHALT SHALL BE TOES OF SLOPES AS SHOWN ON THE PLANS AND CROSS SECTIONS. ANV DISTURBANCE BEYOND THESE LIMITS SHALL BE Et. WATER SHA7:87, AS A OUST PALLIATIVE WHERE REQUIRED. LOCATIONS SHALL BE AS ORDERED. THE EITHER CORE DRILLED WITH A 4 5:1,TETER HOLE. Oft A 41 =1ER PIECE OF PVC PIPE MAY BE PLACED INTO THE RESTORED TO ORIGINAL CONDITION BY THE CONTRACTOR AT THE ONTRACTOR'S EXPESE. CONALL NOT ACTIWTIES IN LOST FORLLIARVE WILL NOT BE MEASURED AND PAID FOR SEPARATELY, BUT SHALL QE INEL"" CONCRETE OR ASPHALT"' DEPTH A" FLUSH WITH THE SURFACE. ADDITION TO NORMAL CONSTRUCTION PROCEDURES SHALL INCLUDE THE PARKING OF VEHICLES OR EQUIPMENT, DISPOSAL OF IN THE COST OF UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE). UTTER. ANO ANY OTHER ACTION WHICH WOULD ALTER EXISTING CONDITIONS. THE CONTRACTOR SHALL NOT CONDUCT ANY SUBSECTION 614.13 IS HEREBY REVISED TO INCLUDE THE FOLLOWING PAFAGRAPHS: OPERATIONS oft sTAGINc OUTSIDE THE LIMITS OF CONSTRUCTION SHOWN ON THEPLANS WITHOUT PRIQR APPROVAL FROM THE E2. DEPTH OF MOISTUREpENSITV CONTROL FOR TH5 PROJECT SHALL BE AS FOLLOWS: PRgJECT INSPECTOR. FULL DEPTH OF ALL EMBANKMENTS STEEL SQUARE TUBE TYPE PERFORATEq SIGNPOSTS WILL BE MEASURED BY THE LENGTH IN LINEPR FEET OF POST BABES OF CUTS AND FILLS -0.5 FEET INSTALLED, PONRCRUf.ON NnTFS THE SLIP BASE FOR THE STEEL SQUARE TYPE SIGNPOSTS VALL NOT BE 'EA 'RED SEPARATELY AND SHALL BE C1. THE ONTRACTOR SHALL RE RESPONSIBLE FOR MAINTAINING ADEQUATE DRAINAGE OF THE JOB SITE AT ALL TIMES? E3. EXCAVATON REQUIRED FOR COMPACTIpN OF ALL BASES CUTS AND FILL WILL BE CONSIDERED AS SUBSIDIARY TO INCWOEO IN THE COST OF THE POST, ADDITIONAL PAYMENT WILL BE MADE FpR OEWATERING, DITCHES, PIPER, OR ANY OTHER 1EMPORARY DRAINAGE APPURTENANCE THAT OPERATION AND WILL NOT BE PAID FOR SEPARATELY. NECESSARY OR ORDERED BY THE OWNERREPRESENTATIVE TO REASONABLY gRAHJ THE JOB. BITE THROUGHOUT CONSTRUCTON, THE REFLECTVE TAPE FOR THE SIGN POGTS WILL NOT BE MEASURED SEPARATELY AND. SHALL BE INCLUDED IN INCHES DEEP. THE COST OF THE POST. OPTIMUM AND T2. CERTIFIED FLACGERs WILL BE ALLOWED. WHEN NECESSARY FOR CONSTRUCTION DURING DAYLGHT HOURS. TWO 12 G10.THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL ASPECTS OF SAFETY IrvCLU01NG, BUT NOT LIMTET TD, EXCAVATION, FOOT LANES PWS TWO 2 FT SHOULDERS MUST BE ESTABLISHED TO ACCOMMODATE TRAFFIC DURING ALL NIGHT TRENCHING, SHORING, 1RAFFIC CONTROL, AND SECURITY. REFER i0 OSHA PUBLICATON 2226, EXCAVATION AND TRENCHING. TIME HOURS. EA. PRIOR TO PLACING ANY EMBANKMENT, THE SUBGRADE AREA SHAL C2. THE CONTRACTOR SHALL ADDRESS LOCAL DRAINAGE DURING EACH STAGE OF CONSTRUCTION. THIS SHALLNOT BE PAID FOR AND WELL MI%E0, ANO ADJUSTED TO A MOISILRE CONTENT WRHI SEPARATELY, BUT BNALL BE CONSIDERED INCIDENTAL TO THE WORK. COMPACTED TO AT LEAST 95X OF THE MAXIMUM RELATIV C3. ALL BACkFILL MATERIAL AND EMBANKMENT SHALL BE COMPACTED IN ACCORDANCE WITH PROJECT PLANS ANp TECHNICAL SPECIFICATIONS 203.0] BASED ON CLASSIFCATION) ORY DENSITY, SPENsIBEI IONS ANp THE LO EAB FAT,Iv MENT DF TRANSPORTATION STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE COOT STANDARD SPECIFICATIONS. ABC SHALL BE COMPACTED ONSTRUCTION, CURRENT EDITION, EXCEPT WHERE NOTED OTHERWISE. COMPACTION (AASHTO T-t60J ORY pENSITY EQUIPMENT REOUIREO TO MOUNT SIGNS TU BRIDGES SHALL NOT BE PAID FOR SEPARATELY BUT 'ALL' C4. TYPE DF cDMPACTION FOR ABC CLASS 6 WILL BE AASHTO T-1 BD. THE TYPE OF cOMPACTON FOR ROADWAY EMBANKMENT E5. ALL GRAVEL SHOULDER OF ASPHALT OR CONCRETE ROADWAY WILL BE CLASS 6 (TABLE 703-2 OF CURRENT INCLUDED N THE CgST OF THE WORK. AND THE REMAINDER DF THE PROJECT S 203.07 OF CURRENT STANDARD SPECIFICTIONS/METHOT BASEp ON CLASSIFICATION COOT STANDARD SPECIFICATIONS) COMPACTED TO 95% OF A T -1B0. OF IN -PLACE ANp IMPORTED MATERIAL/ SECTION 203 pF COOT RED BOOK NOTE G1 SUBSECTION 614.1415 HEREBY pEVISE. TO INCLUDE THE FOLLOWING: C5. CONTRACTOR SHALL PROTECT ALL ADJACENT PROPERTY FROM DAMAGE INCLUDING, BUT NOT LIMITER 1p, DRIVES, FENCES, RETAINING WpLL5, TREES. VEGETATION. AND BURIED IRRIGATION. ALL DAMAGE CAUSED BY THE CONTRACTOR SHALL BE REPAIRED AT THE CONTRACTOR'S EXPENSE WITH 4B HOURS OF NOTFICATON BY THE OWNER. SURVEY NOTFg C6: THE CONTRACTOR SHALL NOT ALLOW%HAUST FROM EQUIPMENT TO E%HAUST ORECTLY ONTO VEGETATION. CONTRACTOR. 51. ALL SURVEY MONUMENTS SHALL BE PROTECTED AND RESET W SAS'S". SHALL REPLACE DAMAGED VEGETATON OR TREES WITH I -KINK VEGETATION OR TREES AT THE CONTRACTOR'S EXPENSE. PAY ITEM STEEBIG STEELL SIG C8. THE CONTRACTOR SHALL NOT LEAVE A VERTICAL EpcE OF MORE THAN INCHES NE%T TO TRAVELED WAY ''RING DFVFODPMFNT RFNFW N TES: STEEL SIG CON6TRUCTON. ALL SLpPE5 SHALL NOT BE LESS THAN 3:1 TAPER. 1. ALL WORK WITHIN WELD COUNTY RIGHT OF WAY ON ROADWAYS MAINTAINED BY WELD COUNTY SHALL BE BUILT PER THE LATEST REVISION OF THE COOT STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUTION. THE lE5TNG OF THE WORK ON WELT COUNTY ROA'WAYS SHALL BE PER THE LATEST REVISION OF THE COOT FIELD C9. DIMENSIONS FOR LAYOUT AND CONSTRUCTION ARE NOT TD RE 5CALEp FROM ANY pRAWINC. IF PERTNENT DIMENSIONS ARE µpTERIAL5 MANUAL, NOT SHOWN, CONTACT THE ENGINEEq FOR LARIFlCATDN. 2. ALL WORK WITHIN WELD COUNTY RIGHT OF WAY .N ROADWAYS NOT MAINTAINED BV WE" ""TV SHALL' C10.THE CONTRACTOR SHALL MASH ALL SIGNS CONFLICTING WITH CONSTRUCTON SINING. THE MARKING OF 'NS 'LL NOT BE TESTED PER THE LATEST REVISION OP THE COOT FIELD MATERIALS MANUAL MEASURED AND PgID FOR SEPARATELY BUT SHALL BE INCLUDED IN THE COST 0G THE WORK. REVISION DF SECTION fi14 TRAFFIC CONTROL DEVICES (GROUND BIDN POSTS) iT) LINFAI LINEAL FQO EACH 04/18/2023 51 4898947 Pages: 20 of 24 05/18/2023 10:56 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO •III I r Ell rig,aiIEPJ NONI ILI:J IN Ilk 11111 SURVEY CONTROL scALE 1^=100• INDICATES FOUND 1a" LDNC ig REBAfl ID yflTH 15"0 RED PLASTIC CAPSTANPE➢ PLS TD9]e INDICATES cDNTRCL CCR 0 NDNUMENT FDUND AS DESCRIBED HEREON INDICATES UCUNNN. LINE INDICATES LINE ...INN LOTS INDICATES EECTDN LINE In T. All references t. hooka, pogee mu e o a reception �Pmbera a eb'ue aoeem0eam on nm ai the clerk eea siara ont�e or weld ew�ly. cwereae emeaa (eaealnerwme. 3. The Ilneol unlle shown hereon are boaea upon Ine U.S Survey Foet. A NOTICE: naerel„ y 10 a doresaew. wk L+usT la lnl� am a e�y,e eo CI471872023 4898947 Pages: 21 of 24 05/18/2023 10:56 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Bilkirionfiuvinimir M j !IM MAN 111111 VEGETATION AND EROSION CONTROL SILT FENCE TO BE INSTALLED AT THE E%TENT OF CONSTRUCTION DISTURBANCE ALL DISTURBED AREAS OUTSIDE OF ROAD FOOTPRINT TO BE REVEGETATED PER WELD COUNTY SPECIFICATIONS PRIVATE ROAD TO BE MAINTAINED PER THE PRIVATE ROAD MAINTENANCE AGREEMENT (CMH Homes. Inc. RLDF22-0002) _ pT cau5TRucTlax EMagNmCE 0 471 8 72 02 3 50'SETBACK TO ABANDONED WELL $d QNQ IUF❑ Spa' NQf a�C z wxap WNLLzz� gWOorco 0oLLI-°o 03 ;owl 3>=Nao oow PIa� 4898947 Pages: 22 of 24 05/18/2023 10:56 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 094 o C.?5 Flvk: LINE PLAN AND PROFILE _..__oeiN�iop'v='4'[a43.Evinn�vi�i°iuu 1S UilllN ANO ORAINAOE EASEMENT �� Z PROPOSED GRADE Ex AT STING GRAI CENTERLIN 0+25 0+50 0+T5 1+00 1x25 5080 5055 5050 10' UTILITY AN0 OPPM. EASEMENT aG yip Nab orn }QwxU OZ�F�O 3>Ww°9 5005 4898947 Pages: 23 of 24 05/18/2023 1C10 A0 R Fee:$0.00 Carly oppes, Clark and Re'cIo.r■der, Weld County , CO "III l4��l �I 'DIY �L4� II . I I F�� R��hrY+��l h 11111 SITE GRADING 04/18/2023 ,0' UTILITY ANG DRAINAGE EASEM HISTORIC DRAINAGE 207-00205 TOP SOIL (4') 358 (CY) 50' SETBACK TO ABANDONED WELL UTILITY AND ALL DISTURBED AREAS TO OE TZETATED PER WELD COUNTY SPECIFICATIONS PRIVATE ROAD TO BE MAINTAINED PER 7HE PRIVATE ROAD MAINTENANCEAGREEMENT (CMH Hames. Inc. RLDF22-0002) CULVERTS: (1) 3 2B LF WITH 2 FLARED END SECTIONS (2) 5 LFlMTH 2FLARED END SECTIONS Ra"o sEm,oN ITEM CODE 201-00002 207-00704 208-00020 208-00070 212-00006 304-06007 506-00005 603-01186 614-00216 ;21, yaNh 40 fl SUMMARY OF APPROXIMATE QUANTITIES ITEM DESCRIPTION CLEARING SUBGRADE PREPARATION SILT FENCE TRACKING PAD SEEDING (NATIVE) CLASS 6 ROAD BASE RIPRAP RCP 18" 2X2 SIGN POST CUT FILL RCP FLARED END SECTIONS TYPE R1-1 STOP SIGN QUANTITY (UNIT) 1614 0, 5,442 (SY) 1614 0-6) 1 (EACH) 0.88 (ACRES) 543 (CY) 82 (SY) 63 (LE) 8 (LF) 222 (CY) 1876 ICY) 4(EACH) ',EACH) as 4898947 Pages: 24 of 24 05/18/2023 10:56 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO EntErILN:we! Pik PA 11 II DETAILS ocanon ar Contract Form New Contract Request Entity Information Entity Name* CMH HOMES INC Entity ID 000022809 ❑ New Entity? Contract Name* Contract ID ON -SITE IMPROVEMENTS AGREEMENT CMH HOMES, INC 6885 RLDF22-OOO2 Contract Status CTB REVIEW Contract Lead* JTRUJILLOMARTINEZ Contract Lead Email jtrujillomartinez0weldgov.c om Parent Contract ID Requires Board Approval YES Department Project # Contract Description * ON -SITE IMPROVEMENTS AGREEMENT CMH HOMES, INC RLDF22-OOO2 COLLATERAL IN THE AMOUNT OF 553.760.00 IS REQUIRED AND HAS BEEN PROVIDED IN THE FORM OF IRREVOCABLE LETTER OF CREDIT SLCNNSP1 1084 ISSUED BY U.S, BANK NATIONAL ASSOCIATION Contract Description 2 Contract Type* AGREEMENT Amount" $53,760.00 Renewable* NO Automatic Renewal Grant IGA Department PLANNING Department Email CM-Planning^weldgov.com Department Head Email CM-Planning- DeptHeadoweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORNEYAOW ELDG OV.COM Requested BOCC Agenda Date* 05:03:'2023 Due Date 04:29 2023 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 Review Date " 05, 03,'2024 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Approval Process Department Head TOM PARKO JR. DH Approved Date 04 20 202 3 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date ©5 '08:2023 Originator JTRUJILLOMARTINEZ Committed Delivery Date Expiration Date" 05/0:3/2025 Contact Type Contact Email Contact Phone I Contact Phone 2 Finance Approver CHERYL PATTELLI Purchasing Approved Date Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 04,=2112023 04;'24; 2023 Tyler Ref AG 050823 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND RURAL LAND DIVISION FINAL PLAN, RLDF22-0002, FOR FOUR (4) LOTS WITH A (AGRICULTURAL) ZONE DISTRICT USES - CMH HOMES, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 26th day of October, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing the application of CMH Homes, Inc., 3455 West Service Road, Evans, Colorado 80620, for a Site Specific Development Plan and Rural Land Division Final Plan, RLDF22-0002, for four (4) lots with A (Agricultural) Zone District Uses, on the following described real estate, being more particularly described as follows: Being part of the E1/2 SE1/4 of Section 36, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing, the applicant was represented by Tracy Johnson, CMH Homes, Inc., 3455 West Service Road, Evans, Colorado 80620, and WHEREAS, Section 24-6-60 of the Weld County Code provides standards for review of said Rural Land Division Final Plan, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the overview and standards of Sections 24-6-10 and 24-6-20 of the Weld County Code. A. Section 24-6-10.A states: "The Rural Land Division is an alternative process for development and review of subdivisions proposing a maximum of four (4) lots in the A (Agricultural) Zone District" The Rural Land Division process utilizes both the Sketch Plan and Final Plan application processes described in Article VI, of Chapter 24, of the Weld County Code, as amended. The Rural Land Division process does not include a Change of Zone. The proposal went through the Rural Land Division Sketch Plan phase, RLDK21-0004, and it was the opinion of the Department of Planning Services that the proposed Rural Land Division will comply with Chapter 24, Article VI, Sections 24-6-10 and 24-6-20 of the Weld County Code. B. Section 24-6-10.B states: "Lots which are part of a Historic Townsite or any recorded Planned Unit Development, major or minor Subdivision, Resubdivision or Recorded Exemption lots that do not meet the criteria, per cc: PL(TP/MN/DA) Cq(x,), APPL. (VI (22. 2022-2893 PL2843 RURAL LAUD DIVISION FINAL PLAN (RLDF22-0002) - CMH HOMES, INC. PAGE 2 Section 24-6-20.A.7 of the Weld County Code, as amended, shall not be divided by a Rural Land Division." The proposed Rural Land Division Final Plan is located on a metes and bounds described property that is 41 acres in size. The subject property meets the criteria of Section 24-6-10.B and the property owner is eligible to apply for a Rural Land Division. C. Section 24-6-10.C — A Rural Land Division may be considered a Non -Urban Scale Development or Rural Scale Development, as defined in Section 24-1-40 of the Weld County Code, as amended. The definition of the following development classifications are as follows: "Development, Rural Scale: Rural scale developments require a potable water source, private sewer systems and internal roads. This development type allows remaining areas to be utilized for agricultural purposes, open space and environmental conservation." "Development, Non -urban Scale: Developments comprised of nine (9) or fewer lots. These types of developments are only permitted outside of one (1) mile of a municipal sewer line. Nonurban scale developments require a public water source and public sewer or On -site Wastewater Treatment Systems (OWTS). Internal paved roads and storm drainage may be required." The proposed Rural Land Division is considered Rural Scale Development. The proposed Rural Land Division is located outside of one (1) mile of municipal limits and is located more than one (1) mile from a public sewer line. D. Section 24-6-10.D — The Resubdivision requirements shall be followed when proposing modifications to a recorded Rural Land Division plat, as described in Chapter 24, Article IX, of the Weld County Code, as amended. Additional lots may be created by the Resubdivision process within an existing Rural Land Division, so long as the overall number of total lots in the existing Rural Land Division does not exceed four (4) lots. Once the proposed Rural Land Division Final Plan is recorded, it will follow the Resubdivision process outlined in Chapter 24, Article IX, if lot lines need to be adjusted or if there is desire to create additional lots. E. Section 24-6-10.E — The Rural Land Division shall adhere to Chapters 22 and 23 of the Weld County Code and the Subdivision General Provisions, Conformance Standards, and Subdivision Design Standards, per Chapter 24, Articles I, II, and III of the Weld County Code, as amended. This Rural Land Division Final Plan application complies with Chapter 22 [Comprehensive Plan], Chapter 23 [Zoning Ordinance] and Chapter 24 [Subdivision Ordinance], all of the Weld County Code. Compliance with the above Chapters was demonstrated in the Rural Land Division Sketch Plan (RLDK21-0004) staff report. 2022-2893 PL2843 RURAL LAND DIVISION FINAL PLAN (RLDF22-0002) - CMH HOMES, INC. PAGE 3 F. Section 24-6-20.A.1 — The property to be divided by the proposed Rural Land Division shall be comprised of legal lots. The proposed Rural Land Division Final Plan is located on a metes and bounds described property of approximately 41 acres in size, being larger than the minimum lot size in Weld County of 35 acres, and meets the intent of, the definition of, Legal Lot, in Section 24-1-40, "Any lot created after December 28, 2000, in compliance with the Chapter 24 of the Weld County Code and in conformance with the bulk requirements and other regulations of the Zone District where the lot is located." G. Section 24-6-20.A.2 — Lots within a Rural Land Division shall be served by a public water supply system. The applicant submitted a Water Main Extension Contract and a Tap Fee Agreement, dated April 8, 2022, with the application materials. This agreement is between CMH Homes, Inc., and the Central Weld County Water District (CWCWD) for the four (4) lots of this Final Plan (RLDF22-0002). Proposed Lot 4 is currently serviced by an existing, domestic well (#217001). The existing residence will utilize the well for outside use and will use the CWCWD tap for inside use. Per the referral comments received from the Colorado Division of Water Resources, dated June 29, 2022, re -permitting of the existing well is not required. This water agreement has been reviewed and approved by the Weld County Attorney's Office. H. Section 24-6-20.A.3 — Lots within a Rural Land Division shall be served by an On -site Wastewater Treatment System (OWTS) or public sewer. The residence that is located on proposed Lot 4 currently and has an OWTS, SP -9900380, per the application materials and the Department of Public Health and Environment referral, dated January 18, 2022. The proposed new residential lots will be served by future OWTS. I. Section 24-6-20.A.4 — The Rural Land Division shall only be approved on property located in the A (Agricultural) Zone District. The proposed Rural Land Division will be located on property zoned A (Agricultural). J. Section 24-6-20.A.5 — Any proposed Rural Land Division must be separated by a minimum of 1,320 feet or one -quarter (1/4) mile, in any direction, as measured from the exterior property line of any existing, platted Rural Land Division or Minor Subdivision. The nearest platted subdivision is Beebe Draw Farms Equestrian Center and is located approximately 1.45 miles southeast of this proposed Rural Land Division. K. Section 24-6-20.A.6 —The maximum parcel size on which a Rural Land Division is proposed shall not be greater than 45 acres. The subject lot the proposed Rural Land Division is a total of 41.34 acres in size. L. Section 24-6-20.A.7 — If the proposed Rural Land Division will be located on the largest lot of a Recorded Exemption, the following applies. This 2022-2893 PL2843 RURAL LAND DIVISION FINAL PLAN (RLDF22-0002) - CMH HOMES, INC. PAGE 4 criteria is not applicable, since the proposed Rural Land Division is not located on a Recorded Exemption lot. 'VI. Section 24-6-20.A.8 — The maximum number of lots within the Rural Land Division shall be four (4) lots. The subject Rural Land Division is proposing the maximum four (4) lots. N. Section 24-6-20.A.9 The minimum lot size in a Rural Land Division shall be three (3) acres net. Three (3) of the four (4) proposed lots for the Rural Land Division are approximately five (5) acres in size, with one (1) lot proposed to be approximately 21 acres. O. Section 24-6-20.A.10 — Rural Land Divisions shall not be financed by a Title 32 Metropolitan District. This proposed Rural Land Division is not financed by a Title 32 Metropolitan District. Section 24-6-20.A.11 — A Homeowners Association is not required but may be voluntarily created and managed by the residents within the Rural Land Division. A Homeowners Association is not being proposed with this Rural Land Division, per the application materials. O. Section 24-6-20.A.12 — Drainage and utility easements within Rural Land Division shall follow the easement standards, per Chapter 24, Article III, of the Weld County Code, as amended. The proposed Rural Land Division will adhere to the easement standards, per Chapter 24, Article III, of the Weld County Code. Therefore, a Utilities Coordinating Advisory Committee meeting is not required. R. Section 24-6-20.A.13 — The Rural Land Division lots shall be accessed via a single internal, publicly dedicated right-of-way and shall be privately maintained, according to a Road Maintenance Agreement applicable to all present and future lot owners. The subject Rural Land Division is proposing one internal publicly dedicated right-of-way. A Condition of Approval has been added to ensure a Road Maintenance Agreement is executed for the benefit of the current and future lot owners of the Rural Land Division. S. Section 24-6-20.A.14 — No access easements are permitted within a Rural Land Division to serve parcels within, or not a part of, the development. No access easements are proposed in the Rural Land Division. T. Section 24-6-20.A.15 — The Rural Land Division roadway shall intersect with a publicly maintained right-of-way. The proposed Rural Land Division internal roadway will intersect with County Road 38. County Road 38 is a publicly maintained right-of-way. J. Section 24-6-20.A.16 — The Rural Land Division internal roadway shall be perpendicular to the publicly maintained right-of-way. The proposed Rural 2022-2893 PL2843 RURAL LAND DIVISION FINAL PLAN (RLDF22-0002) - CMH HOMES, INC. PAGE 5 Land Division internal roadway will be perpendicular to County Road 38, per the application materials. V. Section 24-6-20.A.17 — The Rural Land Division shall not connect directly onto County arterial roads or County, State, or Federal highways. County Road 38 is a gravel road and is designated as a local roadway, per the 2020 Weld County Functional Classification Map. W. Section 24-6-20.A.18 — The Rural Land Division roadway shall be designed, constructed and maintained by private recorded agreement between the landowners within the Rural Land Division. A Condition of Approval has been added to ensure the applicant executes a recorded private agreement for the maintenance of the Rural Land Division roadway. This agreement will benefit the current and future landowners within the Rural Land Division. X. Section 24-6-20.A.19 — The internal access roadway shall meet all safety criteria as outlined in Chapter 8, Article XIV, of the Weld County Code. Per the Department of Planning Services — Development Review referral, dated July 21, 2022, the applicant shall submit the construction drawings for the design of the internal road for the Rural Land Division, that includes the required right-of-way specified in Chapter 8 of the Weld County Code and an emergency vehicle turn -around that meets the safety criteria, as outlined in Chapter 8 of the Weld County Code. Y. Section 24-6-20.A.20 — The Rural Land Division shall be designed to meet the requirements of local governments or districts to provide fire and police protection or other emergency services. Per the Department of Planning Services — Development Review referral, dated July 21, 2022, the applicant shall submit the construction drawings for the design of the internal road that includes an emergency vehicle turn -around that meets the safety criteria as outlined in Chapter 8 of the Code. The LaSalle Fire Department did not return a referral response. Planning Staff recommends the applicant contact the LaSalle Fire Department to ensure the fire district does not have any concerns with the proposal. Z. Section 24-6-20.A.21 — The Rural Land Division shall be designed to preserve prime agricultural land. The proposed Rural Land Division will not remove any prime agricultural land out of production. The current parent parcel is 80 acres in size. This parcel is in process of being split, via deed. Therefore 41 acres will be used for the RLDF, and the other 39 acres will remain separate for farmland and grazing. AA. Section 24-6-20.A.22 — The Rural Land Division shall be designed to preserve wetlands, wildlife habitats, historical sites or burial grounds. The proposed Rural Land Division will not negatively impact wetlands, wildlife habitats, historical sites or burial grounds. 2022-2893 PL2843 RURAL LAND DIVISION FINAL PLAN (RLDF22-0002) - CMH HOMES, INC. PAGE 6 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of CMH Homes, Inc., for a Site Specific Development Plan and Rural Lard Division Final Plan, RLDF22-0002, for four (4) lots with A (Agricultural) Zone District Uses, on the parcel of land described above be, and hereby is, granted subject to the following co■dltions: 1. Prior to recording the Rural Land Division Final Plat: A. The applicant shall acknowledge the advisory comments provided by the Oil and Gas Energy Department, as stated in the referral response, dated September 16, 2022. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. B. The applicant shall satisfy the concerns of Weld County School District RE -1, as stated in the referral response, dated September 28, 2021, per Section 24-8-40.K.1 of the Weld County Code. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. C. The applicant shall submit the name of the street of the proposed development, along with the street addresses, for review to the Weld County Sheriff's Office, Department of Planning Services - Addressing, United States Postal Services, and LaSalle Fire Protection District. Evidence of each agency's approval shall be submitted, in writing, to the Department of Planning Services. This road name will be used in addressing of the Rural Land Division lots. There shall be no duplication of road names within the area. D. The applicant shall create and record a private Roadway Maintenance Agreement between the landowners within the Rural Land Division, for the maintenance of the Rural Land Division roadway. Written evidence of such shall be submitted to the Weld County Department of Planning Services. E. An Improvements and Road Maintenance Agreement is required for on -site improvements at this location for an internal roadway. Off -site roadway improvements may be required as a part of the agreement. Road maintenance includes, but is not limited to, dust control and damage repair. The Agreement shall include provisions addressing engineering requirements, submission of collateral, and testing and approval of completed improvements. F. Construction drawings for the design of the internal road, that includes the required right-of-way specified in and all the design standards included in Chapter 8 of the Code that includes and an emergency vehicle turn -around that meets the safety criteria as outlined in Chapter 8 of the Code, shall be submitted. 2022-2893 PL2843 RURAL LAND DIVISION FINAL PLAN (RLDF22-0002) - CMH HOMES, INC. PAGE 7 G. The Rural Land Division Plat shall delineate the following: 1) All pages shall be labeled: RLDF22-0002. 2) The plat shall be prepared, per Section 24-6-70. of the Weld County Code. 3) The plat shall contain the certification blocks, per Appendix 24-B of the Weld County Code. 4) All recorded easements and rights -of -way shall be delineated on the plat by book and page number or Reception number. 5) The applicant shall show and label the internal Rural Land Division roadway with the approved road name, width, radii, surface type, etc. A Stop sign and road name sign shall be shown at the proposed intersection. 6) The applicant shall show and label the existing oil and gas infrastructure onsite. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat, per the setback requirements of Section 23-3-70.E, of the Weld County Code. Reference the recorded Easement, Right-of-way and Surface Use Agreement and access roads related thereto. 7) Utility and Drainage easements shall be delineated on the plat, per Section 24-3-60 of the Weld County Code. 8) County Road 38 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance #2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label the future and existing right- of-way (along with the documents creating the existing right-of-way) and the physical location of the road on the plat. If the existing right- of-way cannot be verified it shall be dedicated or reserved, per Weld County Code. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Section 23-1-90, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. 9) County Road 37 is an unmaintained section line right-of-way. The applicant shall verify and delineate the unmaintained right-of-way and the documents creating the right-of-way on the map. All setbacks shall be measured from the edge of the right-of-way. This road is not maintained by Weld County. Any unmaintained road needs to be located/identified in relationship to the right-of-way. 2022-2893 PL2843 RURAL LAID DIVISION FINAL PLAN (RLDF22-0002) - CMH HOMES, INC. PAGE 8 Show and label the section line right-of-way as "CR 37 Section Line of right-of-way, not County maintained." 10) The applicant shall show and label the internal roadway and the publicly dedicated right-of-way used to access Lots 1, 2, 3, and 4 from the maintained County Road 38, from the lots, to, and including, the maintained County Road access point. All setbacks shall be measured from the edge of the right-of-way. This road will not be maintained by Weld County. Show and label the right-of-way as "Platted Right-of-way, not County maintained." 11) The applicant shall show and label the approved access point and the usage type (Development Access). The access location will be reviewed as a part of the plat submittal. The existing access point onto County Road 38 shall be closed and reclaimed, such that only access for Lot 4 onto County Road 38 is via the internal road. H. The following notes shall be delineated on the Rural Land Division Final Plat: 1) A Site Specific Development Plan and Rural Land Division Final Plan, RLDF22-0002, is for the creation of four (4) Lots with A (Agricultural) Zone District uses. 2) All existing and future uses in the Rural Land Division are subject to A (Agricultural) Zoning requirements, as shown in Chapter 23, Article III, Division 1, of the Weld County Code, as amended. 3) Any future subdivision of land shall be in accordance with Chapters 24 and 27 of the Weld County Code, as amended. 4) Installation of utilities and requirements of the service providers shall comply with Section 24-3-60 and Section 24-3-180 of the Weld County Code. Property owners shall not construct any improvements within identified easements. 5) A Homeowners Association is not required but may be voluntarily created and managed by the residents within the Rural Land Division. 6) The Rural Land Division roadway shall be designed, constructed and maintained by a private recorded agreement between the landowners within the Rural Land Division. 7) Stop signs and street name signs will be required at all intersections. 2022-2893 PL2843 RURAL LAND DIVISION FINAL PLAN (RLDF22-0002) - CMH HOMES, INC. PAGE 9 8) Water service may be obtained from the Central Weld County Water District. 9) The parcels are currently not served by a municipal sanitary sewer system. Sewage disposal may be by On -site Wastewater Treatment Systems (OWTS) designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division, and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. 10) Activity or Use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed. 11) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 12) Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. 13) Access on the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 14) Any work that may occupy and/or encroach upon any County rights - of -way or easement shall require an approved Right -of -Way Use Permit prior to commencement. 15) The property owner shall comply with all requirements provided in the executed Improvements and Road Maintenance Agreement with up -front on -site improvements. 16) The historical flow patterns and runoff amounts will be maintained on the site. 17) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee, the County Facility Fee, and Drainage Impact Fee Programs. 18) Failure to Comply - The property owner shall comply with the recorded plat notes and lot configuration. Noncompliance may result in withholding Weld County permits. 2022-2893 PL2843 RURAL LAIC DIVISION FINAL PLAN (RLDF22-0002) - CMH HOMES, INC. PAGE 10 19) The Resubdivision process shall be followed when proposing changes to a recorded Rural Land Division plat, as described in Chapter 24, Article V, of the Weld County Code, as amended. 20) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under Title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development. Oftentimes, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 21) The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the Weld County Code, shall be placed on the map and recognized at all times. 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Sections 23-2-50.C and D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within 180 days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. Failure to Record. If the Rural Land Division plat has not been recorded within 180 days from the date of approval by the Board of County Commissioners, or if an applicant is unable to meet any of the conditions within 180 days of approval, the Director of the Department of Planning Services may grant an extension for a period not to exceed one (1) year, for good cause shown, upon a written request by the applicant. If the applicant is unwilling to meet any of the Conditions of Approval or the extension expires, the application will be forwarded to the Board of County Commissioners for reconsideration. The entire application may be considered for denial by the Board of County Commissioners. Alternatively, the Board of County Commissioners may consider upholding, modifying or removing the contested Conditions of Approval. 2022-2893 PL2843 RURAL LAND DIVISION FINAL PLAN (RLDF22-0002) - CMH HOMES, INC. PAGE 11 4. Failure to Construct. If no construction has begun in the Rural Land Division within three (3) years of the date of the approval of the Rural Land Division Final Plan, the Department of Planning Services may require the property owner to appear before the Board of County Commissioners and present evidence substantiating that the Final Plan has not been abandoned and that the applicant possesses the willingness and ability to continue the Rural Land Division. The Board of County Commissioners may extend the date for initiation of the Rural Land Division construction and shall periodically require the applicant to demonstrate that the Rural Land Division has not been abandoned. If the Board of County Commissioners determines that conditions supporting the original approval of the Rural Land Division Final Plat have changed or that the property owner cannot implement the Rural Land Division Final Plat, the Board of County Commissioners may, after a public hearing, revoke the Rural Land Division Final Plat and order the recorded Rural Land Division vacated. 5. The Board of County Commissioners shall have the power to bring an action to enjoin any subdivider from selling, agreeing to sell or offering to sell subdivided land before a plat for such subdivided land has been approved and recorded, per C.R.S. § 30-28-110(4). 6. In accordance with Appendix 5-J of the Weld County Code, should the Rural Land Division Final Plat not be recorded within the specified timeline from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance fee shall be added for each additional three (3) month period. 7. No subdivision development shall commence until a Rural Land Division Final Plan application is approved and a Rural Land Division Final Plat is recorded in the Weld County Clerk and Recorder's Office and the improvements are constructed, per the terms of the Improvements Agreement. 8. Following recordation of the Rural Land Division Final Plat, the property owners shall create and record deeds for all the newly created lots; deeds shall include the legal description of each lot and the Reception number of the Rural Land Division Final Plat. New deeds are required even if lots will remain under the same ownership. Failure to do so may create issues with the proper assessment of the lots by the Weld County Assessor's Office and may create a clouded chain of title. 2022-2893 PL2843 RURAL LAND DIVISION FINAL PLAN (RLDF22-0002) - CMH HOMES, INC. PAGE 12 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of October, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: W.aeL:ti $corK. James, Chair Weld County Clerk to the Board BY: eputy Clerk to the oard Mi an, Pro-Tem Steve Moreno Lori Saine 2022-2893 PL2843 Hello